Built Environment

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Introduction

9.1. The built environment has an important role to play in improving quality of life for the people of Leicester and in creating a more sustainable City. A high quality built environment makes Leicester a more enjoyable place in which to live, work, shop and relax. The most important aspects of the built environment should be protected and enhanced and opportunities taken for improvement through new developments and conservation-led regeneration that reflect the character and value of the historic environment.

Built Environment Aims

•  To create a more sustainable built environment;

•  to protect and improve the quality of the built environment;

•  to preserve and enhance the historic environment of the City;

•  to protect and preserve the archaeological heritage of the City;

• to encourage regeneration through enhancing the built environment and related site improvements; and

•  to encourage the regeneration of derelict, vacant and underused land and premises.

9.2. The policies of this Chapter support the principles of sustainable development (see Plan Strategy) by helping to create quality places and respect for the environment.

Policy Context

9.3. PPS1 highlights the importance of planning in achieving quality urban design and sustainable development. Since the adoption of the previous Local Plan, Central Government has produced guidance on the role of planning in addressing wider issues that affect the built environment, such as pollution, renewable energy, noise and flood risk. The Government has also provided more up to date direction on issues such as the historic environment, telecommunications and advertisements.

9.4. Alongside the Regional Spatial Strategy (RSS8) for the East Midlands and the Leicestershire, Leicester and Rutland Structure Plan, Chapter 2 of this Plan introduces overarching policies concerning Sustainable Development (PS01), Residential Amenity and New Development (PS10), Protection from Pollution (PS11).

9.5. This Chapter sets out related detailed policies.

BUILT HERITAGE AND ARCHAEOLOGY

9.6. The historic environment of Leicester provides an invaluable insight into the City’s past. It expresses what is unique about the City, enhances the quality of the environment and creates a sense of local distinctiveness. Historic buildings, monuments and Conservation Areas are often important in forming the local setting and context for future development. They can also help attract potential investors to Leicester and stimulate regeneration. Some sites have become important in attracting tourists or for education and recreation.

9.7. The City Council maintains the Sites and Monuments Record (SMR) which provides a register of all known sites of archaeological significance within Leicester. The City of Leicester Building Conservation Directory contains lists of, and information on, Conservation Areas, listed buildings, buildings covered by an Article 4 direction, scheduled ancient monuments, buildings of local interest and Parks and Gardens of Special Historic Interest within the City. A policy on Parks and Gardens of Special Historic Interest is included in Chapter 10 (Policy GE11).

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Archaeology

9.8. The archaeological heritage of the City includes evidence of prehistoric, Roman and Medieval occupation. The central areas of the City contain extensive above and below ground remains. The importance of these remains has been recognised by the designation of an Archaeological Alert Area as defined on the Proposals Map. Monuments that have been scheduled by English Heritage (Scheduled Ancient Monuments) because of their national importance are also shown on the Proposals Map. The SMR holds further details of other sites of archaeological significance including those outside the historic core of the City. In all cases developers must ensure thorough consideration of any potential archaeological remains whether scheduled or not, wherever possible, prior to submitting a planning application. The City Archaeologist can provide further advice and information.

9.9. The City Council, in partnership with English Heritage and Leicester Regeneration Company, is developing the Leicester Urban Archaeology Database - a detailed database of the archaeological resource in the historic core of the city. In addition the City Council will be collaborating with the Leicestershire Historic Landscape Characterisation Project funded by English Heritage and run by Leicestershire County Council. This Project will foster a broader understanding of the development of the City. It is anticipated that these two projects will enable the City Council to develop an archaeological strategy to complement this policy and other aspects of the Historic Environment. The Government’s direction and procedures for the developments that affect archaeologically important sites are set out in PPG16 “Archaeology and Planning” (1990).

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Listed Buildings

9.10. About 500 buildings in the City are listed by the Department of Culture, Media and Sport as being of special architectural or historical interest. Listed building consent is needed for the demolition of listed buildings or to carry out any internal and external alterations that affects the character of a listed building. In considering applications for listed building consent the City Council has a statutory duty to have special regard to the desirability of preserving the building, its setting or any features of special architectural or historical interest which it possesses. PPG15 “Planning and the Historic Environment” provides further direction as to the Government’s policies and advice on listed buildings. Circulars 01/2001 and 09/2005 discuss arrangements for handling heritage applications that amend PPG15 and should therefore be read in conjunction with the guidance.

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9.11. Once historic features and other characteristics of listed buildings are lost they cannot be replaced. The City Council has a duty to pay special regard to their preservation and enhancement. In considering applications affecting listed buildings, the City Council will consider the advice of statutory and local consultees. Conservation-led regeneration can bring about improvements to the historic environment by bringing redundant buildings back into productive use.

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9.12. The upkeep of historic buildings will depend very much on the continued economic viability of their use. The City Council recognises that this viability may depend on a new use for a listed building. Any proposed change of use must be sympathetic to the architectural or historic interest of the building, taking account of the requirements of the use in terms of floor loadings and long-term wear and tear as well as physical alterations. The Council will require change of use applications to include fully detailed drawings of all alterations, internally and externally, required to implement the proposed use.

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9.13. The setting of a listed building often forms an integral and complementary part of its character. The erosion of the setting of a listed building can isolate the building and have a negative impact on its viability.

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9.14. Before recommending approval for the demolition of a listed building convincing evidence will need to be produced that demonstrates every effort has been made to continue the existing use or to find an alternative use and that the condition of the building renders repair and reuse impossible. Such efforts would include offering the building for sale on the open market and, where appropriate, the setting up of some form of charitable or community ownership. The impact of the demolition on the setting and character of other listed buildings, conservation areas and the general street scene will also be taken into account. In exceptional circumstances the City Council may be totally satisfied that the demolition of a listed building will lead to significant benefits for the local community that cannot be met in another location or through the retention of the building. These benefits will have to be carefully weighed against the arguments for preservation. Imaginative design solutions can often be found that result in the incorporation of the listed building into any redevelopment.

9.15. Consent for demolition will not be given on the basis that the redevelopment of the site is more economically attractive than the repair and re-use of the building.

9.16. Repair and maintenance are fundamental to preservation. The City Council will continue to use its legal powers to ensure that listed buildings are kept in proper repair and that correct materials and repair techniques are used.

Conservation Areas

9.17. There are twenty-three areas of the City which have been designated as Conservation Areas and these are shown on the Proposals Map. Conservation Areas have been designated because of the mature quality of their environment created by the combination of existing buildings, spaces and landscape. The City Council has a statutory duty to pay special regard to the desirability of preserving or enhancing the character or appearance of Conservation Areas. Within these Areas consent is usually needed for demolition and more restrictive standards of ‘permitted development’ apply.

9.18. The City Council is committed to preparing a character statement for each Conservation Area. The statements will define the special features that contribute towards the character and appearance of the Area and will form the basis for subsequent enhancement proposals. They will complement the policies of the Local Plan by providing further guidance as to which elements of a Conservation Area need to be preserved or enhanced. Periodic reviews of Conservation Areas will be undertaken to determine the areas which possess the special interest that led to the original designation.

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9.19. Character and appearance is very much governed by the form and materials of buildings and by the arrangement of buildings and spaces. The character and appearance of some Conservation Areas can be enhanced by the erection of appropriate buildings on certain sites. New buildings should preserve or make a positive contribution to the character and appearance of the Conservation Area.

9.20. Green spaces, including private gardens, play a particularly important part in determining the quality of a Conservation Area. Site coverage of development on plots, the nature and pattern of uses of buildings and land further define the character of a Conservation Area. Preservation of the character of an area will therefore depend on appropriate use as well as correct design and layout. Further guidance on locally prevailing site coverage and other special features that contribute to the character of an area will be provided in character statements. More exacting standards will be applied to the design and siting of advertisements and security fittings in these areas.

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9.21. There will be a general presumption against the demolition of buildings that make a positive contribution towards the character and appearance of a Conservation Area. It is, however, recognised that in certain circumstances the demolition of a building can enhance an Area’s character or appearance. Consent for demolition in these Areas is often sought to allow for redevelopment. In such instances details of design and materials including accurately scaled plans and detailed drawings of all elevations that clearly show any proposal in relation to existing and adjoining properties must be submitted with the application. Conditions will be used to ensure that no demolition commences until a contract has been let for any approved works of redevelopment. This is to avoid adverse effects on the character and appearance of the Conservation Area if existing buildings are demolished without being replaced. Imaginative design solutions can often be found that result in the incorporation of a building that makes a positive contribution towards a Conservation Area into any redevelopment.

Buildings of Local Interest

9.22. Outside Conservation Areas there are a number of individual buildings and groups of buildings which the City Council considers play a key role in defining Leicester’s townscape, for their architectural quality, and/or as illustrations of the city’s development over time. The City Council is keen to protect these buildings and encourage schemes that retain and improve them.

9.23. Many of these buildings will be suggested for addition to the statutory list or are likely to be included in future Conservation Area designation. Buildings of Local Interest are listed in the City of Leicester Building Conservation Directory.

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Article 4 Directions

9.24. Over 1,000 buildings in the City, mostly houses within Conservation Areas, are affected by an Article 4 Direction. The Direction means that the property owner must apply for planning permission to carry out works, such as the replacement of windows, doors or roofing, which are normally ‘permitted development’ under the General Permitted Development Order 1995. The aim of an Article 4 Direction is to prevent the erosion of the character of an area by the loss of architectural detail.

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9.25. Directions have mainly been imposed in areas of finely detailed Victorian and Edwardian housing. In the past the replacement of original detail has harmed the character of these areas. Further insensitive operations are likely to continue the damage. The Council will advise owners on the most suitable repairs and alterations and will attempt, where resources permit, to offer grant aid towards the cost of appropriate works.

9.26. The City Council may also impose further Article 4 Directions in areas of architectural or historic interest.

SHOPFRONTS AND ADVERTISEMENTS

Shopfronts

9.27. The design and condition of shopfronts is critical in defining the attractiveness of street frontages and shopping areas. A visually attractive shopping environment is important to the image of the City as a whole.

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9.28. Replacement shopfronts will normally not be approved where the existing shopfront survives in good condition or is capable of repair and dates from the nineteenth or early twentieth centuries, or was designed as an integral part of the building. The craftsmanship and appreciation of fine detail shown in many older shopfronts enrich the street scene and warrant retention.

9.29. Where new or replacement shopfronts in aluminium are proposed, they will be approved only if the aluminium is colour coated.

9.30. Further guidelines will be produced in a forthcoming Supplementary Planning Document (SPD) - ‘Shopfront Design Guide’.

Shopfront Security

9.31. The City Council recognises that security is a major concern of shopkeepers and owners of commercial premises. However, whilst the fitting of external protection such as shutters and grilles may appear to be the simplest solution the effect on the local environment can be extremely damaging.  In all cases the Council will encourage security solutions which have the least harmful environmental impact. The Council can advise on the most appropriate method of security for any particular property, and will consider each case on its merits.

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9.32. The City Council would wish to see external security as the exception rather than the rule in shopping centres and considers that security concerns of business owners can be met in other ways.

9.33. Further detailed policy guidance is contained in the Council’s ‘Shopfront Security Policy’ published in 1994 which seeks to balance concerns for the environment and safety issues.

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9.34. The Council considers that such features to be visually obtrusive and damaging to the local environment.

Advertisements

9.35. The City Council accepts the need of shops and businesses to announce themselves to customers but believes that a better visual balance can be achieved by use of quality design and materials than by size or brightness.

9.36. Advertisements are governed by the guidance in the Town and Country Planning (Control of Advertisements) Regulations 1992 which enable the control of advertisements in the interests of amenity and public safety.

9.37. PPG19 on ‘Outdoor Advertisement Control’ highlights the need to ensure that signs and advertisements are in harmony with the built environment and local characteristics.

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9.38. The design of signs should be an integral part of the design of the building facade, and advertisements which display particular ingenuity of design, and detail will generally be encouraged. However over-dominant signs, skybeams and those that cause unacceptable light pollution as a result of excessive illumination will have a negative impact on amenity and visual surroundings and therefore will not be approved. Fully illuminated plastic box fascia signs or projecting signs, particularly with bright backgrounds will generally not be approved. The less intense effect produced by external illumination will be preferred.

9.39. The Council will apply this policy to advertisements such as hoardings (whether illuminated or not), freestanding poster panels and internally illuminated units. The Council will seek to control the impact and proliferation of permanent advertisement hoardings as part of its efforts to improve the appearance of the City, and considers many such advertisements to be out of scale and inappropriate to the visual environment.

9.40. Temporary hoardings will only be allowed where they screen sites awaiting development.

9.41. The Council will also seek to control the display of banners, flags, and advertisement boards on the highway.

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9.42. An excessive number of projecting signs, along with a proliferation of signs at upper levels of facades produces an unacceptable cluttered effect. Where a business is located on an upper floor, its signs should still be located at ground floor fascia level near to the entrance to the building.

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9.43. The Council has sought to protect the special quality of the New Walk Conservation Area and the features that merit its inclusion on the Register of Historic Parks and gardens of Special Historic Interest by designating a large part of it as an Area of Special Advertisement Control.

ENVIRONMENTAL MANAGEMENT

9.44. Buildings are significant users of energy, produce waste and impact on air, land and water resources. New development can also lead to the undesirable side effects of noise and outside lighting. The appropriate design and control of new development can help minimise these impacts and lead to the more prudent use of environmental resources as well as achieving wider social and economic benefits.

Renewable Energy and Combined Heat and Power

9.45. In considering planning applications for renewable energy development the Council will give weight to the wider environmental benefits of such schemes including their contribution towards meeting renewable energy and greenhouse gas emission targets. These factors will be carefully balanced against the impact on the local environment and residential amenity. Further advice on renewable energy can be obtained from PPS22 and its accompanying Companion Guide, and also from Leicester’s Energy Advice Centre. Supplementary Planning Document “Energy Conservation and Renewable Energy in New Developments”, was adopted in November 2005 and provides further practical advice.

9.46. The Energy White Paper (February 2003) reinforces the Government’s commitment to ensuring that renewable energy and combined heat and power make an increasing contribution to UK energy supplies. Key drivers include the need to reduce our greenhouse gas emissions caused by the burning of fossil fuels and the need to diversify our energy supply. RSS8 (March 2005)sets energy targets to be achieved within the East Midlands by 2010.

9.47. Climate change is recognised as one of the most significant environmental issues facing the City. The Leicester Energy Strategy (1994) set the challenging target of halving the City’s carbon dioxide emissions from 1990 levels by 2025. The Climate Change Strategy for the City takes this work forward. The Strategy concludes that the most effective single action the City could take to achieve the target is to set up community heating networks based upon combined heat and power. This could be delivered through the establishment of an Energy Services Company.

Renewable Energy

9.48. RSS8 has set the following sub-regional renewable energy targets for electricity generation within Leicestershire, Leicester and Rutland up to 2010.

9.49. Leicester needs to play a proactive role in contributing towards the regional targets, although there will obviously be greater potential to contribute towards some of these targets than others. Photovoltaic technology can be incorporated into the roof and wall cladding of buildings and is therefore ideally suited to urban environments. There is some potential for small scale wind energy developments in exposed and open areas. The City can help stimulate the demand and investment for biomass grown in the surrounding rural hinterland through its use in CHP or other schemes. Similarly waste from the City can be used to produce energy from the anaerobic digestion process. The proposed plant at Wanlip will produce 1MW of electricity from the City’s recycled biodegradable waste. There are other sources of renewable energy including solar water and space heating that are not included in the regional targets because they do not generate electricity. These technologies are well suited to urban environments and can be easily installed into new and refurbished buildings or other structures.

9.50. Planning permission may be required for the installation of renewable technologies involving panels and cladding. This will depend very much on their extent and positioning. Special consideration should be given to the installation of panels or cladding on listed buildings or those within a Conservation Area. In such cases, the need to preserve the character and historic interest of the building or area, or its setting, as defined in Policies BE02 and BE06, will take precedence over energy conservation measures. Such development on a listed building will require listed building consent.

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9.51. In considering planning applications for renewable energy development the Council will give weight to the wider environmental and community benefits including their contributions towards meeting renewable energy and greenhouse gas emission reduction targets and the provision of more affordable energy.

9.52. Major developments have the potential to make a significant contribution towards these targets because of their scale. The Companion Guide to PPS22 sets out good practice examples of how this can be achieved. These developments will therefore be expected to provide an assessment of how they can realise their potential for meeting their energy requirements from renewable sources. An assessment should cover the potential of the various technologies, how they could be incorporated into the design and fabric of the development and any infrastructure/operational requirements. Leicester’s Energy Advice Centre can provide technical advice on renewable energy. Supplementary Planning Document “Energy Conservation and Renewable Energy in New Developments” also provides further practical advice.

Combined Heat and Power and Community Heating Networks

9.53. Combined Heat and Power (CHP) is a very efficient method for producing electricity and heat together from a single source and therefore has the potential to significantly reduce the City’s greenhouse gas emissions. Unlike conventional power stations, CHP reclaims the h, e, , at from generating equipment that can be used for space heating and hot water. Major developments and high density deve, lopment lend themselves to , very cost effective use of CHP, as it reduces the extent of any distribution grid or network. This makes it particularly s, uited to city centre development and higher density, housing. In addition, compliance with the government’s ‘Good Quality’ CHP standard presently qualifies a scheme for exemption from the Climate Change Levy. The use of community heating networks to distribute the power and heating from CHP plant can bring the benefits of such schemes to the wider community.

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9.54. In considering planning applications for CHP infrastructure, weight will be given to the wider environmental and community benefits including their contribution towards meeting CHP and greenhouse gas emission reduction targets and the provision of more affordable energy.

9.55. Major developments and comprehensive, high density developments and refurbishments within the Strategic Regeneration Area provide a significant opportunity for Combined Heat and Power. These developments must therefore assess the technical and financial viability of CHP in providing their energy requirements either through on-site plant or a community heating network. Mixed used schemes can be particularly efficient as they can balance the demand for the heat and power produced by CHP. The Leicester Energy Advice Centre can provide technical advice on the feasibility of CHP.

9.56. There are already district heating networks, based upon CHP, within the City on the St Andrew’s, St Mathew’s, St. Peter’s and St Mark’s estates. Some of these systems have the capacity to expand. New developments in proximity to these networks should therefore take account of the feasibility of sourcing their energy requirements from them.

9.57. Consideration will need to be given to planning for and protecting necessary wayleaves and easements for establishing CHP and district heating infrastructure. Guidance on this issue will be prepared following a detailed assessment of requirements.

The Water Environment

9.58. The urban nature of the City environment creates pressures on the quality and flow of the River Soar and its tributaries. Urban drainage brings with it, associated problems of pollution incidents, storm flow and the obstruction of flows on watercourses and floodplains. There is also an increasing need to adapt to the predicted impacts of climate change on the City’s water environment. 

9.59. The Environment Agency have prepared a Local Environment Agency Plan (LEAP) for the Soar Catchment which sets out the problems, issues and actions required within the area. The Agency encourages Local Authorities to adopt a precautionary approach to development that might affect the water environment or be at risk from flooding within the Soar Catchment. The City Council is keen to work with the appropriate agencies and developers to encourage the inclusion of environmental enhancements as part of developments where this would be appropriate. New development should aim to minimise any adverse impacts and maximise potential benefits. Development that involves amending or affecting a watercourse must have the approval of the City Council. Guidance on development and flood risk is provided in PPG25 (July 2001) and draft PPS25 (December 2005).

9.60. New developments have the potential to affect the quality of surface and ground water and the rate of surface water run-off. It is therefore important that their potential environmental impact is considered in the early design stages of development.

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9.61. Impermeable surfaces created by new development can increase the amount of surface runoff flowing directly into watercourses, not allowing for the natural cleansing of water through the ground. Water also reaches watercourses more quickly and therefore increases the likelihood of flooding downstream from the proposed outfall. Localised flooding can also occur when the capacity of the drainage system is exceeded after intense rainfall.

9.62. Development on land with a permeable surface, such as greenfield sites, should aim to achieve a rate of urban surface run-off equal to that before development (in terms of rate and peak of flows).  Additionally, development of previously developed sites should seek to reduce the amount of surface water run off. Sustainable drainage systems (SuDS) can help to achieve this by controlling surface water runoff as close to its origin as possible, before it enters a watercourse, through engineering solutions that replicate natural drainage processes. Techniques include:

•  the infiltration of clean water through the ground where conditions permit (e.g. soils, porous pavement and car park surfaces);

•  the treatment of polluted runoff prior to discharge to water courses (e.g. swales and reedbeds);

•  the control of the rate of runoff (e.g. soakaways, swales and filter strips of vegetated land); and

•       environmental enhancements and features (e.g. public open space with water features and wildlife habitats).

Floodplains and Flood Risk

9.63. The strategic importance for flood relief and biodiversity of the River Soar and its floodplain is recognised in Regional Spatial Strategy for the East Midlands. Floodplains should not be built on as any development will be at risk of flooding and will also affect the flow of water and the capacity of the floodplain to store excess water. As a consequence, river levels could rise causing problems elsewhere. The Environment Agency would oppose inappropriate development in the floodplains. The extent of the floodplains along the River Soar and the Rothley, Melton, Saffron and Bushby Brooks are shown on the Proposals Map. The Environment Agency will take a precautionary approach to proposed development that may be at risk of flooding or affect the storage capacity of the floodplain along these watercourses.

9.64. The Council has undertaken a Strategic Flood Risk Assessment of the City.  The Assessment defines the areas that would be flooded in a 1 in 100 year event (taking account of climate change) for the River Soar (south of Watermead Way) and the Melton, Saffron and Bushby Brooks. The information for the River Soar (north of Watermead Way) and the Rothley Brook is derived from Environment Agency flood risk maps and does not take account of climate change. Both of these areas are referred to as the 1 in 100 flood risk area throughout this section. The City Council will use the flood risk information to assess whether the Environment Agency need to be consulted on an individual application. Within these areas mitigation or compensation measures may be required to support developments.

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9.65. Floodplains are more able to perform their natural role if they remain undeveloped. In exceptional circumstances, however, a small sports changing pavilion in connection with the use of open space for recreational purposes may be acceptable. In such circumstances compensatory floodplain works should be implemented and ground levels should not be raised. Where development is immediately outside the 1 in 100 year flood risk area or within a defended area the finished floor level should be set at least 600mm above the 1 in 100 year flood level. New development can create opportunities to restore the natural functions of floodplains that have been impeded by previous development. This has the added benefit of enhancing the strategic and local nature conservation value of the waterway network (see Policies GE02–05).

9.66. The Environment Agency normally requires that developments allow for adequate access to the banks of a main river such as the River Soar and Rothley Brook. This requirement may vary on non-main rivers depending on the nature of the watercourse and its environs.

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9.67. Where a proposed development is at risk from flooding, or could create a risk of flooding elsewhere, a flood risk assessment must be submitted with the planning application. Paragraph 62 of PPG25 identifies the situations where flood risk issues are likely to require particular consideration such as sites within the 1 in 100 year flood risk area or in areas or sites adjacent to a watercourse. Whilst sites adjacent to the Grand Union Canal may not face the same flood-risk constraints as those next to the River and Brooks, the close proximity of the River Soar can mean that they are still influenced by the flood risk areas associated with the River. Early discussions with the City Council and the Environment Agency are recommended where a potential risk is identified. In such circumstances it is likely that a flood risk assessment will have to be carried out by the applicant. The assessment should reflect the scale and nature of the development and the risks involved and should be submitted with the planning application. The Council’s Strategic Flood Risk Assessment will provide useful baseline information for local flood risk assessments. Guidance on the requirements for undertaking a flood risk assessment is provided in Appendix F of PPG25 and Appendix E of draft PPS25. The costs associated with necessary mitigation measures or flood defence works will normally have to be met by the developer.

9.68 The regeneration of the riverside environment is a key aim of the Local Plan and Leicester Regeneration Company’s Masterplan. Two of the LRC intervention areas (see Policies PS07 – PS08) and several Potential Development Areas (PDAs) (see Policies PS09 – PS09a) border the river and canal but do not fall within the floodplain. Existing flood defences have been successful in preventing flooding problems in the PDAs. However, with the possibility of extreme flood events becoming a more regular occurrence, it is important that potential applicants for development in these areas enter into discussions with the City Council and the Environment Agency during the early stages of the design process to discuss the potential need for and requirements of a flood risk assessment.

Noise

9.69. Unacceptable levels of noise can impact on the health and well-being of local communities or individuals. Certain land uses such as housing, schools, hospitals and open spaces enjoyed for quiet recreation are particularly sensitive to noise.

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9.70. The effects of noise can be minimised through the appropriate location of development or through mitigation measures such as engineering solutions (insulation, source control), site layout and/or the limitation of operating times. Mitigation measures will help facilitate a greater mixing of land uses such as residential developments within the city centre. This would be achieved through the use of conditions (see Policy PS11). Further guidance on planning and noise is given in PPG24.

Outside Lighting

9.71. Outside lighting has a vital role to play within the City in terms of improving security, safety, enabling outdoor activities at night and enhancing the nocturnal appearance of buildings and other features. However, badly designed or poorly installed lighting can also create the undesirable side effect of light pollution through light trespass, glare or skyglow.

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9.72. The unwanted side effects of artificial outdoor lighting can very often be reduced or eliminated through good design, correct orientation and the imposition of curfew times. When designing lighting schemes, particular attention should be given to the impact of the lighting on the amenity of local residents (Policy PS11), historical features, dark landscapes (particularly in Green Wedges and the urban fringe) and the visibility of the night sky. Consideration also needs to be given to the visual impact of lighting structures and highway safety. Where background levels of lighting are already high (e.g. in the City Centre) the cumulative impact of a new scheme will usually be less severe than in areas of low background lighting (e.g. green wedges and the urban fringe). This policy will only apply where lighting is a material consideration of the development. It does not apply to advertisements. Applications for advertisement consent will be assessed against Policies BE13 to BE15.

9.73. Further advice is given in the publication produced by the Institution of Lighting Engineers, “Guidance Notes for the reduction of Light Pollution” (1994).

Waste

9.74. The businesses and residents of Leicester produce a significant amount of industrial and domestic waste every year. The City Council as Waste Planning Authority has prepared a Joint Waste Local Plan (Adopted September 2002) with Leicestershire County Council and Rutland County Council. It sets out detailed planning policies and guidance on all types of waste development in the Plan area between 1995 and 2006. The Plan emphasises the preference for waste minimisation, re-use and recycling but recognises that further landfill sites need to be identified. Two potential landfill sites have been identified outside the City boundary. All planning applications for waste related development will be assessed against the policies of the Waste Local Plan. Land at Sunningdale Road has been identified as suitable for a waste facility (see Policy E16). The City Council and Leicestershire County Council are preparing a Joint Waste Development Framework under the new system of local development frameworks.

9.75. It is important that developments are designed so that occupiers can fully participate in the City Council’s recycling initiatives. The storage of wheelie bins and the design of recycling facilities in new development are dealt with in Policy UD07.

Contaminated Land

9.76. It is important to bring land which has been contaminated back into proper use to improve amenity and the environment and to make the maximum use of land within the City. The City Council will endeavour to give every reasonable assistance to developers who wish to make use of contaminated land subject to compliance with other policies in the plan.

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9.77. The City Council has carried out an extensive programme of investigation and remediation of sites in its ownership. Under Part IIA of the Environmental Protection Act 1990, the Council has been given the duty of preparing a Strategy for identifying, assessing and securing the remediation of all contaminated land within its area. The Council will make every effort to inform prospective developers of known hazards caused by these sites and to provide guidance. However, the responsibility for determining the existence, nature and extent of such risk lies with the developer. The planning authority may impose conditions on a developer to arrange for a detailed survey of the site by a competent contractor and to devise and execute a scheme for the protection of the development. Land will have to be rendered fit for the purpose for which it is being developed.

9.78. It is possible for development sites to be affected by contaminated land adjacent to it. Leicester City Council holds for public inspection a map of landfill sites notifiable under Article 18 (1) (w) of the General Development Order 1995. Under this Order, special scrutiny will be given to development proposals within 250 metres of a known gassing site.

9.79. Potential developers should note that under the Environmental Protection Act 1990, the operators of any contaminative activities on land will ultimately be responsible for cleaning up any contamination which they cause, in addition to any regulatory requirements. This should be taken into account at the planning stage of the development.

Telecommunications

9.80. Modern telecommunications have an important role to play in the economic development of the City by attracting businesses to the area and helping firms remain competitive. They can also reduce the need to travel by increasing people’s ability to work and shop from home and improve personal safety and security.

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9.81. Government policy is to facilitate the growth of telecommunications whilst protecting the environment and local amenity from the effects of structures such as masts. The impact of new telecommunications development can be reduced through sensitive siting or the sharing of existing telecommunication masts with other operators. The revised Planning Policy Guidance note 8 and the ‘Code of Best Practice on Mobile Phone Development’ (ODPM, 2002) provide detailed advice on these and related matters. Certain telecommunication development enjoys ‘permitted development’ rights as defined in the amendment to Part 24 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (August 2001). However, some types of permitted development, such as ground based masts below 15 metres in height and public call boxes, are now subject to a 56 day prior approval procedure.

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