Department for Environment, Food & Rural Affairs

Waterways for Tomorrow

Appendix 3
Planning policy and the inland waterways

Part 1: Planning Policy Guidance Notes (PPGs)

1 There is no dedicated Planning Policy Guidance Note (PPG) on inland waterways. However, the PPGs outlined below are the ones most likely to be relevant to inland waterways and related developments, though in practice any PPG may be relevant to a particular development.

2 PPG11 and PPG13 are at consultation draft stage. Decision makers must continue to have regard to existing PPGs until the new versions are issued although the existence of a consultation draft may justify decision makers giving less weight to the advice in the current PPG. It is expected that the new PPG11 and PPG13 will be issued later in 2000 and these may differ from the consultation drafts.

PPG1 General Policy and Principles (February 1997)

3 PPG1 sets out the Government's general policy framework for land use planning. It highlights the themes of sustainable development (paras. 4-7), mixed use (paras. 8-12), design (paras. 13-20), and sets out key policy objectives for transport (para. 23), rural areas (paras. 28-31) and conserving the historic environment (para. 32).

4 The PPG notes the importance of urban regeneration in delivering sustainable development (para. 7) and encourages good quality design (para. 13), rural development appropriate to the countryside (para. 28) and effective protection of the historic environment (para. 32). These issues may be relevant to development proposals related to inland waterways.

PPG3 Housing (March 2000)

5 PPG3 sets out the Government's housing policy under the broad themes of widening housing opportunity and choice (paras. 3-20), maintaining a supply of housing (paras. 21-45) and creating sustainable residential environments (paras. 46-75). It identifies in paragraph 2 the objectives local planning authorities should have such as

6 The PPG also sets out government policy on a number of specific issues which may be relevant to development proposals related to inland waterways. These include

PPG7 The Countryside - Environmental Quality and Economic and Social Development (February 1997)

7 PPG7 provides advice on managing the countryside in a sustainable way - that is meeting current needs without compromising the ability of future generations to meet theirs. This entails accommodating necessary change in rural areas while maintaining and where possible enhancing the quality of the environment for local people and visitors (para. 1.3).

8 The PPG explains that it is a government priority to find new ways of enriching the quality of the whole countryside whilst accommodating appropriate development (para. 2.14). The main focus of new development should be on existing towns and villages and other areas allocated in development plans where employment, housing and other facilities can be provided close together (para. 2.10). New development should be sensitively related to existing settlements and to historic, wildlife and landscape resources (para. 2.3).

9 The PPG notes that towpaths are one of the resources that increase opportunities for people to enjoy the countryside (para. 3.13). It also acknowledges that the re-use and adaptation of existing rural buildings has an important role to play in meeting the needs of rural areas for commercial and industrial development, as well as for tourism, sport and recreation (para. 3.14).

PPG9 Nature Conservation (October 1994)

10 PPG9 provides advice on the treatment of nature conservation issues in development plans and sets out criteria for development control. It also describes the three main designations under domestic and international law - Special Protection Areas (SPAs) and Special Areas of Conservation (SACs); Sites of Special Scientific Interest (SSSIs); and also lists other statutory controls and non-statutory local and informal designations.

11 Paragraphs 16 and 23 draw attention to the Habitats Directive which requires Member States to endeavour to encourage the management of landscape features which are of major importance for wild flora and fauna. These are features which, because of their linear or continuous structure, or their function as stepping stones, are essential for migration, dispersal and genetic exchange. Rivers and their banks are mentioned as an example.

,b>PPG11 Regional Planning (consultation draft March 1999; final draft due later in 2000)

12 PPG11 provides advice on the preparation, scope and content of Regional Planning Guidance (RPG) (Chaps. 1-3). It places greater responsibility on regional planning bodies to resolve planning issues at the regional level through the production of draft RPG; and strengthens the role and effectiveness of RPG by advising on, for example, the need for greater regional focus concentrating on strategic issues, and the incorporation of an integrated regional transport strategy. It makes the process more transparent and subject to rigorous testing through the introduction of a Public Examination conducted by an independent Panel.

13 The PPG also explains how RPG should take account of Regional Development Agencies' work in identifying strengths, weaknesses, opportunities and threats to the regional economy (paras. 4.3-4.7). It sets out the regional approach to implementing national policy on subjects including housing (Chap. 5), transport (Chap. 6), leisure and sport uses (Chap. 7), rural development (Chap. 8), biodiversity and nature conservation (Chap. 9), and the coast (Chap. 10), all of which could be relevant to development proposals related to inland waterways.

14 Chapter 6 stresses the importance of the regional transport strategy (RTS) as an integral part of RPG. RPBs should consider including in their RTSs the regional priorities for transport investment and management across all modes and offer guidance on measures to increase transport choice (para. 6.3).

PPG12 Development Plans (December 1999)

15 PPG12 sets out government advice on the role, scope, content and preparation of development plans and includes guidance on the importance of integrating sustainable development and transport and land-use policies in development plans. It explains how the planning system can help achieve the objectives of sustainable development in protecting the natural environment and maintaining economic growth and employment (Chap. 4).

16 Chapter 5 advises local authorities when preparing development plans,

17 The PPG also states (para. 5.22) that planning authorities wishing to safeguard land for a future transport scheme such as a restored canal should do so though a proposal in the local plan, where there is a reasonable degree of certainty of the scheme proceeding within the plan period. It also makes clear that protective polices can be appropriate for waterway connections to existing or proposed manufacturing, distribution, and warehousing sites adjacent or close to the inland waterway network and to coastal ports and that local authorities may wish to safeguard sites for transport related development which might otherwise be lost to other development, such as wharves alongside waterways and ports (para. 5.23).

18 PPG12 proposes that local authorities should consult relevant organisations and individuals in relation to specific issues early in the plan preparation process (paras. 2.10-2.13). There are no longer statutory consultees for local plans and unitary development plans, although they remain for structure plans. However the PPG lists recommended consultees for development plans, advising local authorities to consider the need to consult British Waterways, canal owners and navigation authorities on all matters relating to inland waterways and adjacent land (Annex C).

PPG13 Transport (consultation draft October 1999; final draft due later in 2000)

19 Draft PPG13 seeks to integrate land use planning and transport at the national, regional, strategic and local level, in order to promote more sustainable transport choices and reduce the need to travel. It advises local authorities to:

20 PPG13 encourages local authorities to work with everyone involved in the inland waterways industry to develop the potential of inland waterways. In general, proposals for waterside development should enhance the use, enjoyment and setting of the adjacent waterway. Development proposals, local plan policies, or new and improved infrastructure, such as road proposals, should not affect inland waterways adversely.

PPG15 Planning and the Historic Environment (September 1994)

21 PPG15 sets out the Government's policies for the identification and protection of historic buildings, conservation areas, and other elements of the historic environment (para. 1).

22 Paragraph 2.2 describes the role that development plans play in conserving the historic environment, noting that by including suitable policies in their plans, local authorities can encourage the satisfactory reuse of neglected historic buildings. Paragraph 2.8 advises that plans should also include a strategy for the economic regeneration of rundown areas, and in particular seek to identify the opportunities which the historic fabric of an area can offer as a focus for regeneration. These provisions may be relevant to development proposals related to inland waterways

23 The PPG provides advice on development control, noting in paragraph 2.12 that it is generally preferable if related applications for planning permission and for listed building or conservation area consent are considered concurrently. Paragraph 2.14 emphasises the importance of ensuring that new buildings are well integrated with historic ones. Paragraph 2.15 stresses the importance of assessing the archeological importance of development proposals before applications are determined.

PPG16 Archaeology and Planning (November 1990)

24 PPG16 sets out the Government's policy on archeological remains on land, and how they should be preserved or recorded both in an urban setting and in the countryside. The PPG provides advice on the handling of archeological remains and discoveries under the development plan and control systems, including the weight to be given to them in planning decisions and in the use of planning conditions; and sets out the separate controls which exist for scheduled monuments under the Ancient Monuments and Archeological Areas Act 1979 (para. 1).

25 The PPG notes that detailed development plans should include policies for the protection, enhancement and preservation of sites of archeological interest and their settings. The proposals map should define the areas and sites to which the policies and proposals apply (para. 15). Paragraph 16 states that archeological remains identified and scheduled as being of national importance should normally be earmarked in development plans for preservation. Paragraph 18 confirms that the desirability of preserving an ancient monument and its setting is a material consideration in determining planning applications whether the monument is scheduled or unscheduled.

PPG17 Sport and Recreation (September 1991)

26 PPG17 states that it is part of the function of the planning system to ensure, through the preparation of development plans, that adequate land and water resources are allocated both for organised sport and for informal recreation (para. 3). Paragraph 56 deals with planning aspects of water sports and draws attention to the widespread shortage of mooring facilities for boats on inland waterways. Paragraph 36 considers planning for recreation in the countryside and notes that the enhancement of canals, amongst other things, increases the opportunities to enjoy the countryside.

27 Paragraphs 8-24 on the planning framework explain that local plans provide the appropriate context in which to assess local needs for recreational facilities. Paragraph 15 gives boating facilities as an example of sports facilities which locationally specific policies and proposals should cover in local plans.

28 The Government plans to consult on a revised PPG17, drawing on the recent research report The Effectiveness of Planning Policy Guidance for Sport and Recreation.

PPG21 Tourism (November 1993)

29 PPG21 outlines the economic significance of tourism and its environmental impact, and therefore its importance in land use planning (cover page). It states that the planning system should facilitate and encourage development and improvement in tourist provision, while tackling any adverse effects of existing tourist attractions and activity in a constructive and positive manner (para. 2.4).

30 Chapter 4 expects structure plans and local plans to play their part in protecting key tourism assets (paras. 4.11 and 4.12) and to identify ways in which tourism can contribute positively to other objectives such as economic development, conservation and urban regeneration (paras. 4.11 and 4.14).

Part 2: Commentary on planning for the inland waterways

1 The Government believes the inland waterways are a sustainable resource with significant potential for delivering its policies for regenerating urban and rural areas, for leisure, tourism, transport and the environment. Local authorities and other agencies need to make the most of the opportunities the waterways present. The planning system can be a critical factor in enabling their full potential to be realised.

2 Proposals for development affecting the waterways are required to be determined in accordance with the development plan, unless material considerations such as the planning guidance detailed above and other documents indicate otherwise (section 54A of the Town and Country Planning Act 1990 (TCPA), PPG1, para. 2). The following commentary attempts to improve the understanding of planning guidance as it applies to the inland waterways. It is not intended to be additional guidance. It will be supplemented by a good practice guide IWAAC are being asked to prepare which will highlight among other things examples of good land use planning.

Development plans

3 The Government is committed to a development plan-led planning system, which aims to ensure rational and consistent decisions and to give a measure of certainty and predictability (PPG1, paras. 2, 41). An application for planning permission is required to be determined in accordance with the development plan, unless material considerations indicate otherwise. (section 54 TCPA, PPG1, paras. 40, 50-56)). The Government encourages consultation, negotiation and public participation in preparing development plans. Local people and interest groups should be able to express their views and participate actively in the preparation of plans from the earliest stages so they can be fully involved in decisions about the pattern of development in their area (PPG12, para. 2.10). Inland waterways interests, including businesses and those concerned with recreation and amenity, have an opportunity to engage in this process. Planning policy guidance advises local authorities to consider the need to consult British Waterways, other navigation authorities and canal owners on all issues relating to inland waterways and land adjacent to them (PPG12, Annex C, page 58).

4 In addition to responding specifically to consultations, waterways interests will have the opportunity to make representations when the draft plan is put on deposit for six weeks. In response to any representations, local planning authorities may negotiate with objectors, and can make changes as a result of those negotiations. Where this does not occur, the Inspector at the Local Plan Inquiry will consider objections, either by hearing witnesses or through written representation (Town and Country Planning (Development Plan) (England) Regulations 1999, PPG12 para. 2.16)

Development control

5 As noted above, applications for planning permission are required to be determined in accordance with any relevant policies of the development plan unless material considerations indicate otherwise. It will be necessary to decide when an application is in accordance with the plan, and then take into account any other material considerations. These must be capable of being genuine planning considerations; ie they must be related to the use and development of land. Local authorities may sometimes decide to grant planning permission for development which departs from a development plan, if other material considerations indicate that it should proceed. Significant departures must be notified to the Secretary of State so that he can decide whether he wishes to intervene.

6 The planning system is the most effective way of striking the right balance between the demand for development and the protection of the environment. It regulates the development and use of land in the public interest. It is important that the different attributes of the inland waterways are recognised in the planning process. Where, for example, proposals relating to road or other land use development affect recreational or amenity use of waterways, a heritage site or a wild life habitat, a local planning authority may have to consider local and national policies encouraging regeneration and protecting heritage or nature conservation sites. In certain cases these policies may conflict and the local planning authorities will have to decide which policy carries more weight depending on the particular circumstances.

7 The Courts have held that Government statements of planning policy are material considerations which must be taken into account where relevant.

8 Local authorities are under an obligation to publicise certain planning applications, including those for major developments, in the local press (Article 8, Town and Country Planning (General Development Plans) Order 1995). When proposals are put forward which affect waterways interests, there will be opportunities for those affected to make representations to the planning authorities. Planning permission will often be granted subject to conditions or a planning obligation - for example, to retain a public benefit on the land such as a recreational amenity or an historic site (sections 106 and 106A TCPA, Circular 1/97).

Sustainable development

9 A key role of the planning system is to provide for necessary development in a way which is consistent with the Government's objectives for sustainable development ie:

10 The planning system can make a major contribution to the achievement of the Government's objectives for sustainable development. Planning policy for the inland waterways should implement the land use planning aspects of sustainable development, in conjunction with other policies in a plan. So, for example, where development on land adjacent to inland waterways is involved, decision makers may want to take into account environmental and social considerations, such as the need to provide a setting which is safe and attractive to pedestrians.

Leisure and recreation, tourism and sport

11 The inland waterways were originally used mainly for transport purposes, but for most people their importance now is for recreation and amenity use. The Government expects the planning system to ensure that adequate land and water resources are allocated for both formal and informal recreation. It wishes to see the potential of inland waterways developed, including the use of towpaths for walking and cycling. Planning authorities should support viable schemes for enhancing the waterway environment and water-based recreation. Guidance recognises that canals and their towpaths provide opportunities for increased enjoyment of the countryside. The encouragement that it gives to re-use of existing rural buildings for tourism, sport and recreation may be applied to buildings alongside the waterways as to others.

Heritage, environment and education

12 The inland waterways are rich in historic structures and industrial archaeology, as well as wildlife habitat. The land use planning system can play an important role in conserving and enhancing these environments where appropriate, and ensuring that development schemes take proper account of heritage and environmental considerations. Where inland waterways include listed buildings or scheduled ancient monuments, or are located within conservation areas, then development proposals affecting them may require separate consents. The Government wishes to ensure that, as elsewhere, new developments respect the historic built heritage, the archaeology, and the natural and landscape character of the inland waterways. Proposals should pay particular attention to the access arrangements of new development and take account of nature conservation considerations.

Regeneration

13 The Government wishes to regenerate urban areas and encourage the reuse of previously developed land. Improvements to, and increased use of, inland waterways can contribute to the revitalisation of urban areas, particularly by enhancing the physical and natural environment. Improvements to the waterway and its immediate surroundings can have a catalytic effect, generating further investment and environmental improvements. In Birmingham, as in many other areas, the waterways initiative has helped to promote areas of mixed development where leisure and tourism co-exist with dwellings and businesses, creating a lively and interesting urban scene.

14 Government policy recognises that new businesses can contribute to rural economic diversification if the location and design of development is handled with sensitivity. There may be scope for locating rural enterprises on or close to waterways if they can contribute to the objective of promoting sustainable development by meeting the economic and social needs of people who live and work in rural areas, maintaining the character of the countryside and improving the viability of existing villages and market towns.

15 Inland waterways can provide a setting for development which promotes mixed use, good quality design and a sense of community. They can encourage vitality and diversity, and improve accessibility, as well as protecting local identity and amenity value. This can help the waterways to play their full role in economic and social regeneration.

16 The Government wishes to meet future housing requirements by making more efficient use of land and by converting existing buildings. It also wishes policies for housing provision to create places and spaces which are attractive, have their own distinctive identity and which respect local character. Urban waterways, with their legacy of redundant buildings such as warehouses and mills, may be suitable locations for such high quality housing or mixed use developments which can contribute to urban renaissance.

Transport and freight

17 Inland waterways can offer a form of sustainable transport both for freight and for passengers. The planning system can help them fulfil their potential by providing a means for sites and routes to be protected, including disused waterways, and encouraging the re-use of infrastructure. It can also help facilitate the transfer of freight by water, taking account of the environmental benefits waterborne transport can provide.

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Published 27 June 2000
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