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Policy and Law

Introduction

Planning Applications are determined by the Building and Development Control Committee, using the following Law, Policy Document and Land Use Plan (See Land Use Plan 2016 - Phase 1 for up-to-date policies)

 

Building and Development Control

pdf icon Building and Development Control (Alderney) Law, 2002 [647kb]

Historic Buildings and Ancient Monuments

 pdf icon Historic Buildings and Conservation Areas List [274kb]

Planning and Design Guidance

Please click on the below links which will take you to the guidance for each type of policy

Stables and Field Shelters

Windows Policy

Running A Business From Home

Planning Considerations 

Scaffolding Policy 

 

 

Stables and Field Shelters

The keeping of horses for recreation purposes has become increasingly popular in recent
years leading to a consequent increase in planning applications for stables and field shelters.
Compliance with the guidelines contained in this Policy Document does not guarantee that
planning permission will be forthcoming - other material considerations will be taken into
account and each case determined on its merits.
These guidelines are intended for people who want to build stables because of their private
equestrian leisure interest and require planning permission from the B&DCC.

The Committee will expect planning applications to comply with the following guidelines
where relevant: 

Siting, size and design

(a) New buildings must be as inconspicuous as is possible to minimise the impact they
may have on the landscape. Careful siting, in a well screened location, can reduce
the impact. Ideally, new development should link in with any existing buildings to
make it as unobtrusive as possible.

(b) Design of new development should always avoid siting buildings in an elevated
position on the open skyline where they will appear the most prominent. Using
natural folds in the landscape or surrounding groups of trees can render new
buildings inconspicuous. The planting of suitable trees may provide shelter and
also help to disguise new buildings.

(c) Detailed consideration must be given to materials, colour and landscaping.

(d) Where existing buildings within the application site or the applicant's ownership are
suitable for equestrian use, but are vacant or not being used for this purpose, the
applicant will be required to fully justify the creation of a new facility. Consideration
must be given to the adaptation or conversion of existing buildings before new
build.

(e) The size and number of horses to be accommodated and the area of land available
for grazing will be considered in reaching a decision on acceptable dimensions for
new buildings.

(f) Consideration must be given to storage within the proposed building. This is
necessary to avoid clutter in the landscape, unacceptable visual intrusion and
environmental impacts.

(g) Proposed buildings should be at least 30m from any unrelated residential building,
to avoid impacts on residential amenity from smells, noise and nuisance.

(h) Planning permission granted for the erection of stables in proximity to residential
properties is likely to be on a temporary basis in order to assess the affects of the
development on the area. The renewal of such permissions will depend upon
whether nuisances have been experienced by neighbours.

(i) Hedges or post and rail fencing are considered to be best in visual terms for
fencing and field boundary treatments.
Additional guidance for applications in the Designated Area (Greenbelt)
Applications for stables / horse shelters in the Designated Area (Greenbelt), must
demonstrate that the proposed development is essential for the keeping of horses,
genuinely required and small in scale. It is also expected that stables & shelters will be of
non-permanent construction, of timber structure, in order that they may be easily removed
when no longer required.

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Windows Policy

The special character of historic buildings derives not only from their general form and style, but also from the smallest detail. Windows are an important element in the character of old houses and buildings. 

Applications for window and door replacement of buildings on the Register of Historic Buildings and within the Conservation Areas will be assessed having regard to Sections 8 and 9 of the Building and Development Control (Alderney) Law 2002.

The policy is based upon the following criteria:

"The Committee shall have special regard to the desirability of preserving the building and any features of special historic, architectural, traditional, artistic or archaeological interest which it possesses."

Registered Buildings

  • The BDCC will encourage the repair and retention, wherever possible, of original windows and doors.

  • The BDCC will encourage the use of traditional materials, wherever possible.

  • Any replacement or alteration of original windows and doors should be on an identical basis. Any previously altered windows or doors should be of a type appropriate to the age and character of the building.

  • The use of non-traditional materials will not normally be accepted.

Conservation Areas.

Within the Conservation Area the replacement of windows and doors of buildings should be appropriate, in terms of material, design, detailing and finish to the age and character of the building and the character and appearance of the Conservation Area. Alternative materials may be acceptable in the following instances: -

  • On buildings built after 1950. 

  • Where the front fa├žade of the building is more than 3m away from a public highway.

  • Where the windows or doors to be replaced are already of a non-timber construction.

  • Where the replacement window or door is appropriate in design, detailing and finish to the age and character of the building and the character and appearance of the conservation area.

 

There are numerous alternatives to replacing windows with uPVC or double glazed units, all of which can make a substantial difference to the energy efficiency of the property.

Details of private grants to help with traditional refurbishment are available from the Alderney Society c/o Alderney Museum.

In all the above cases, the replacement windows and doors should be appropriate, in terms of design, detailing and finish, to the age and character of the building and the character and appearance of the conservation area. Where alternative materials are permitted, the form and design should match as closely as possible a traditional window in all respects, with particular attention being given to the following: -

Dimensions - The sizes of sections (including the frames) in the new windows should closely match those of the original window. 

Horns - These should only appear where appropriate and if possible replicate the existing detailing.

Opening mechanism - Sashes will slide vertically to open and can be fixed with weights or spring balances. 

Glazing bars - These should be kept slender to match the thickness of the original.  Glazing bars fixed between two panes of glass or with a flat profile placed onto the glass will not be acceptable. Externally beads should be wedge shaped to match as closely as possible to putty.

Glazing - In the case of double glazing, glazing bars will be required as above.

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Running A Buisness From Home

It may be possible to run a business from your home without the need to obtain planning
permission. However, it is always wise to contact the Planning Department first for advice
and guidance. This information sheet offers some basic advice about whether or not
permission is needed.

There is no clear-cut answer. The Planning Department will need to know more details
about the size and location of your property and the particular business activity in order to
give you an answer.

As a general rule:

(a) Planning permission will be required if the house is no longer mainly residential in
character and use; and

(b) Planning permission will not be required if the house continues to be used mainly as
a home.

The following questions are often asked:

Do I need planning permission?

(a) To use a room as a personal office?

(b) To use a room as a hairdressers?

(c) To use a room for dressmaking?

(d) To give music or language tuition?

(e) To repair cars and/or store goods associated with a business?

(f) To run a child-minding business or a playgroup?

A change in character or use will probably arise and permission will be required if the
answer to any of the following questions is YES:

(b) Will your home cease to be used mainly as a place to live?

(c) Will your business cause a noticeable increase in traffic or people calling?

(d) Will your business disturb your neighbours at unreasonable hours or be noisy or smelly?

(e) Will the business involve activities which are unusual in a residential area?

(f) Will it involve people outside your household coming to work at your house?

It is possible that a low key use which does not need planning permission today may
intensify in the future. If this happens the answers to some of the above questions may
change and planning permission may then be required.

This does not mean a business would be breaking the 'planning laws' or that enforcement
action would automatically follow. It would be possible to apply for retrospective
permission, and planning permission may be granted, but it is likely that certain conditions
on the use would be imposed.

If permission is refused, the Department would discuss with you the various options such as:

(a) Reducing the overall level of business to an appropriate level;

(b) The discontinuance of particular parts of the business which may be causing
problems;

(c) The relocation of your business to other premises.
As a last resort the Committee could take enforcement action, if a business is causing
serious problems, for example to a neighbour's amenity or to road safety. However, this
would only occur after investigating the options above.

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Planning Considerations 

When it considers applications, the Building and Development Control Committee has to take into account the
following matters (Section 7 of the Building and Development Control (Alderney) Law, 2002).

(a) Effect on the natural beauty of the greenbelt

(b) Suitability of the land for residential or industrial purposes

(c) Siting, design, appearance and materials
i.e. developments should be well-designed and in-keeping with their surroundings (e.g. scale, massing, layout and density

(d) Suitability of development on agricultural land, and the potential loss of agricultural land
i.e. agricultural land should be retained for agriculture use.

(e) Effect on the character or amenity of the area
i.e. the pleasantness and local distinctiveness of the area should be maintained and enhanced, and adverse impacts on character and amenity should be avoided.

(f) Effect on traffic, roads, services, public health, parks, playing fields and other open spaces
i.e. New development should not be detrimental to public health and safety and the environment, and public open spaces should be safeguarded.

(g) Availability of access and services
i.e. development should be served by adequate roads and infrastructure, amenity space and parking provision.

(ga) Effect on Biological diversity

(gb) Facilitating sustainable development of land

(h) Provisions of the Land Use Plan

(i) Effect on historic buildings and conservation areas
i.e. development in conservation areas should enhance the quality of the built heritage, and historic buildings and their settings should be protected from damaging change.

(j) Effect on adjoining properties
i.e. development should not be detrimental to the reasonable enjoyment of adjoining properties, e.g. by overshadowing, overlooking, emissions, noise and disturbance.

The following matters are not planning considerations, and cannot be taken into account when considering
applications:

(a) Private issues between neighbours i.e. land/boundary disputes, damage to property, private rights of access,
restrictive covenants, etc.

(b) Disruption during the construction phase

(c) Applicant's motives or personal circumstances

(d) Opposition to business competition

(e) Loss of property value

(f) Loss of private view

(g) Cost of the scheme

(h) If application is retrospective - If the development has been built without approval, the Committee must
look only at its planning merits, not that the developer has started without consent.

(i) Matters controlled under other non-planning laws

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Scaffolding Policy 

Please be advised of the restricted dates for scaffolding and/or similar obstructions in the following areas:-

(a) Victoria Street

(b) High Street & Lower High Street

(c) Ollivier Street

(d) QEII Street

(e) Les Rocquettes

(f) Butes Road

These restrictions will apply from 1st June to 15th September each year.

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