Wednesday, January 07, 2009
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LAND-USE SELECTION

4.1

What Land Uses Did BVPI 199 Cover?
4.1.1 When the Local Environmental Quality Survey of England (LEQSE) was developed for Defra, survey data that had been gathered over 15 years was examined to identify the best way of structuring the survey. This work indicated that the most useful way of structuring a local environmental quality survey is by land-use. The data showed that certain land-uses, which had remained more stable over time and were most relevant for assessing environmental quality, should be selected as the spatial basis for the LEQSE.
4.1.2 The Best Value Performance Indicator BVPI 199, which preceded NI 195, drew on this knowledge by making use of ten of the LEQSE’s Land Use Classes in which most Relevant Land (as defined by the Code of Practice on Litter and Refuse) occurs.
4.1.3 The ten BVPI 199 Land Use Classes were:

Primary Retail and Commercial Areas

Secondary Retail and Commercial Areas

Higher Density Housing Areas

Lower Density Social Housing Areas

Lower Density Private Housing Areas

Industry/Warehousing/Retail Sheds/Science Parks

Main Roads

Rural Roads

Other Highways

Recreation Areas
4.1.4 One LEQSE Land Use Class was excluded from BVPI 199:

Transport Facilities (railway and bus stations), because the majority of these sites do not comprise Relevant Land for which local authorities are responsible for cleansing under the Environmental Protection Act 1990; and,

In addition, although the 2003/4 LEQSE split Recreation Areas into Public Open Space and Watersides, the results have been used to create national benchmarks for Recreation Areas as a whole, to maintain comparability.

Unadopted streets were also excluded from BVPI 199.

4.2

What Changes Have Been MadeTo The Land Uses For NI 195?
4.2.1 Two main changes have been made to the land uses for NI 195:
4.2.2 Primary and Secondary Retail and Commercial Areas have been relabelled ‘Main’ and ‘Other’ Retail and Commercial Areas respectively. This reflects the way in which members of the public tend to perceive the land uses. There is no change in the definitions of these areas.
4.2.3 Housing Land Uses have shown considerable changes since 2000, reflecting the combined effects of changes in planning policies and levels of car ownership, and the impact of ‘right-to-buy’ policies on areas of social housing. New forms of development have begun to appear, and it has also become increasingly difficult to distinguish between Low Density Social and Low Density Private Housing.
4.2.4 As a result, Low Density Social Housing and Low Density Private Housing categories have been deleted. They have been replaced by ‘Medium Obstruction Housing’ and ‘Low Obstruction Housing’, which have been defined according to the level of obstruction to mechanical sweeping operations likely to be caused by on-street parking.
4.2.5 There is no change in the definition of High Density Housing, but it has been relabelled ‘High Obstruction Housing’.
4.2.6 In addition, the definition of ‘Other Highways’ has been amended slightly to take into account the Countryside and Rights of Way Act 2000, which provides for ‘Restricted Byways’ to be created following a review of the status of Roads used as Public Paths.
4.2.7 Careful consideration has been given to the continued increase in the number of ‘out-of-town’ shopping centres (‘Retail Shed’ developments). However, since normally only the highways serving such developments comprise relevant land, such developments are still included within the ‘Industry and Warehousing’ land use.

4.3

WHow Do NI 195 Land Uses Relate To The Code Of Practice On Litter And Refuse Category Zones?
4.3.1 The Code Of Practice on Litter and Refuse (November 2006), prepared under the Environmental Protection Act 1990 (EPA), identifies a number of broad land uses.
4.3.2 These relate to the NI 195 Land Uses as follows;

Retail, Office and Commercial is split into Main and Other Retail and Commercial Areas;

Housing Land is split into High, Medium and Low Obstruction Areas;

Industrial Areas correspond to Industry / Warehousing / Retail Sheds / Hi-Tech Industrial Parks;

Roads are split into Main Roads, Rural Roads and Other Highways

Public Open Spaces correspond to Recreation Areas.

4.4

How Should Seaside Promenades and Public Transport Facilities Which Are ‘Relevant Land’ Be Treated?
4.4.1 Local authorities which have seaside promenades or public transport facilities (such as park-and-ride sites and public car parks) for whose maintenance they are responsible, should include these sites in their NI 195 survey schedule by assigning them to the Land Use Class that is immediately adjacent.

4.5

Why Are Some Rights Of Way Included In Other Highways?
4.5.1 Under S. 89(1) and 89 (2) of the Environmental Protection Act 1990, Principal Litter Authorities are responsible for cleansing all highways that are under the direct control of the authority in terms of supervision and maintenance, whether they are owned by the authority or not. Authorities are responsible, therefore, for all rights of way, including bridleways, footpaths and other rights of way in rural areas.
4.5.2 The ‘Other Highway’ Land Use within NI 195 includes four categories of highway shown on the Definitive Rights of Way Map – Bridleways, BOATS (Byways Open To All Traffic), RUPPs (Roads Used As Public Paths) and Restricted Byways. Prior to the Countryside and Rights of Way Act 2000, Restricted Byways were known as ‘Roads Used as Public Paths’, and may still be shown as such on older maps.
4.5.3 NI 195 separates these types of rights of way (together with certain kinds of minor urban routes) from authorities’ adopted highways networks because experience indicates that significantly different environmental standards can prevail on these ‘Other Highways’.

4.6

How Should Land Managed By Parish and Town Councils, ALMOs, and Registered Social Landlords Be Dealt With?
4.6.1 Where the ownership of Recreational Land has been transferred from a Borough or District Council to a Town or Parish Council, this is no longer relevant land for the purposes of NI 195, and should be excluded. However, where Town or Parish Councils only manage land on behalf of the local authority (which retains ownership), then such land remains relevant land and should be included in the NI 195 return.
4.6.2 Where land has been transferred from a Borough or District Council to an ALMO (Arms Length Management Organisation) or a Registered Social Landlord, the situation can be more complex, and depends on the terms of the transfer.
4.6.3 If the terms of transfer do not include ‘relevant highways’, then these should continue to be included in the authority’s NI 195 Survey.
4.6.4 If ‘relevant land’ has been transferred, then each case needs to be considered on its own merits, and the factor that will determine the issue is the degree of control over the land retained by the local authority – for example, was there a transfer of the freehold, or of a lease? If in any doubt on this point, the authority should seek legal advice.
4.6.5 For the purposes of the NI 195 Survey, if the ownership of the freehold has been transferred, then this is no longer relevant land and should be excluded. If the ownership of the freehold has not been transferred, then again the situation must be looked at on its merits, and legal advice should be sought.

4.7

Detailed Descriptions Of NI 195 Land Use Classes

4.7.1

Main Retail and Commercial Areas

This Land Use Class includes the main town and city retail and commercial centres. Urban tourist ‘hot spots’ which are wholly or partially separated from a main town or city retail and commercial centre - for example, Durham Cathedral Close - are also included in this Land Use Class.

4.7.1
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Main Retail and Commercial Areas contain a choice of outlets in a range of different retail and commercial sectors (such as fashion clothing, financial services, restaurants, bars and entertainments), and will include national and international brand names. Normally, there is also a range of public facilities, including libraries, museums, law courts, and places of worship.

Main Retail and Commercial Areas may also contain areas of office and hotel development, and areas of mixed retail, office, hotel and entertainment uses, that serve people from a wide area.

There may be more than one ‘Main Retail and Commercial Area’ in an authority. For example, in Leeds in addition to the City Centre, Cross Gates is also regarded as a Main Retail and Commercial Area.

Where town squares and plazas are present within Main Retail and Commercial areas and are predominantly (over 50%) hard surfaced, they should be included in this land use. Where they are predominantly ‘greenspace’ – i.e. contain over 50% of grassed, treed and shrubbed areas – they should be surveyed as Recreation Areas.

Rear access roads, service roads, car parks and the first 50m of side streets off the main retail and commercial areas should also be included in this land use.

4.7.2

Other Retail and Commercial Areas

This Land Use Class covers retail and commercial areas located outside main city and town retail and commercial centres (but excludes out-of-town or edge-of-town ‘retail park/retail shed’ developments, which are included with industry, warehousing and science parks). Other Retail and Commercial Areas must contain a minimum, continuous retail / commercial frontage of 50 metres.

4.7.2
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Other Retail and Commercial Areas usually contain a range of facilities that mainly meet the needs of local residents. Most premises contain individual private businesses, sometimes branches of regional chains (such as bakers), and occasionally national brand names.

Other Retail and Commercial Areas may also contain areas of office and hotel development, and areas of mixed retail, office, hotel and entertainment uses.

Sometimes, Main and Other Retail and Commercial Areas dovetail into each other, for example a “High Street” may be ‘Main’ at the Town Centre end, but tail off into ‘Other’ towards the far end. It is acceptable for land-use class to change at points along a road. In such cases, assign the land-use class of the transect to the land-use that predominates at that point. It may be helpful to record on file the changeover points between ‘Main’ and ‘Other’ for consistency in subsequent surveys.

Rear access roads, service roads, car parks and the first 50m of side streets off other retail and commercial areas should also be included in this land-use.

4.7.3

High Obstruction Housing Areas

4.7.3
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Housing areas should be classified as ‘High Obstruction Housing’ if the proportion of dwellings with purpose-made off-street parking facilities is less than 50%.

‘Off-street parking’ may include parking within the property boundary which are capable of being used by present-day average family cars; specially formed parking bays and garage courts located adjacent to the highway, or areas of hard standing on grassed areas comprising engineered cellular concrete blocks designed to provide vehicle parking areas.

In areas where houses have been subdivided into flats, or houses in multiple occupation, the calculation should be based on the number of dwellings present, not the number of buildings.

In these areas, there is a high risk of mechanical channel sweeping operations being obstructed.

High Obstruction Housing Areas can also include occasional small retail premises, offices, manufacturing, and warehousing sites.

This Land Use Class includes housing of varying types, for example:

  • Terraced housing in the inner areas of towns and cities;
  • Terraced housing in indistrial and post-industrial villages (such as mining and quarrying settlements);
  • Alleyways behind and between housing areas whwere there is a direct access to properties;
  • Flats and maisonettes with only limited off-street parking on public housing estates;
  • Semi-detached and short terraced dwellings with limited or no purpose-made off-street vehicle parking, or parking provision which not large enough for use by modern vehicles.

4.7.4

Medium Obstruction Housing Areas

Housing areas should be classified as ‘Medium Obstruction Housing’ if:

  • the proportion of dwellings with purpose-made off-street parking facilities is greater than 50%; and
  • less than half of the dwellings have space for more than two current-day family cars to be parked within the property boundary.

In these areas, there is a moderate risk of mechanical channel sweeping operations being significantly obstructed. This risk can vary according to the time of day.

Space for parking can include garage spaces, drives and other accessible standing areas such as front gardens that have been converted to provide hard standings. It can also include:

  • garage courts serving blocks of flats/maisonettes, which are not gated or fully contained within a property curtilage;
  • parking bays created adjacent to the carriageway, but not including areas simply defined on the carriageway with paint markings.

In areas where houses have been subdivided into flats, or houses in multiple occupation, the calculation should be based on the number of dwellings present, not the number of buildings.

In Medium Obstruction Housing areas, one or more of the following features are likely to be present: property curtilages are small; potential off-street parking space is being used for other purposes; residents own more vehicles than there is space available for off-street parking; garage courts are present, but are not gated, and there is clear evidence of disuse (either through decay, and/or lack of evidence that vehicles have been driven in and out).

The following photos show some examples of the wide variety of housing types that can comprise Medium Obstruction Housing:

Private housing with small curtilages, often where passageways at the side of houses are too narrow for most current-day cars;

4.7.4a

Council housing originally built with no off-street parking provision within the curtilage, where limited off-street parking has been provided since for some of the properties;

4.7.4b

Modern developments with limited off-street parking;

4.7.4c

Modern developments of flats with parking underneath.

4.7.4d

4.7.5

Low Obstruction Housing Areas

This Land Use Class includes all types of housing where more than 50% of properties have purpose-made off-road garaging/parking within the property boundary for three or more current-day family cars.

In these areas, there is generally a low risk of mechanical channel sweeping operations being obstructed.

The parking should be capable of accommodating all the parking requirements of residents (including, where applicable, boats and caravans etc.) and most of the demand from visitors to the premises.

This definition includes maisonettes and flats, regardless of tenure, if the parking is contained within the property curtilage.

4.7.5
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In Low Obstruction Housing Areas, it is likely that there will be few or no vehicles parked on-street, and significant on-street parking is the exception rather than the rule. Examples could include:

Incidental Parking
Larger commercial vehicles making deliveries;

Tradesmen’s vehicles working on new or existing premises;

Overflow parking from premises holding a social gathering, such as a wedding, birthday party or charity fund-raising event.

Parking Reflecting Regular External Factors
Parking related to Other Retail and Commercial Areas;

Parking related to sporting events;

‘School Run’ parking.

4.7.6

Industry, Warehousing, Retail Sheds and Science Parks

This Class includes industrial and warehousing developments; out-of-town retail parks (including food and non-food developments); and science parks (containing offices, laboratories and manufacturing processes), which contain land that is owned or managed by the local authority, and which is freely accessible to the public. Only areas of ‘relevant land’ should be included in the NI 195 survey.

4.7.6
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Public roads running through hospital and university campuses should also be included in this category.

4.7.7

Main Roads

4.7.7
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Throughout rural areas (except where main roads run through larger settlements containing Main and Other Retail and Commercial Areas and High Obstruction Housing Areas);

In urban areas, except where main roads run through Main and Other Retail and Commercial Areas, or through High Obstruction Housing Areas where no selective demolition has taken place (see below);

In High Obstruction Housing Areas in urban areas where selective demolition has taken place in order to create a wider, often landscaped, main road corridor;

In London and parts of the West Midlands, this Class also includes Red Routes that are located outside Main and Other Retail and Commercial Areas. (See ‘Frequently Asked Questions’ for clarification on responsibilities of local authorities in London versus those of Transport for London (TfL)).

4.7.8

Rural Roads

4.7.8
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This Class comprises all adopted highways that are located outside built up areas and which are not otherwise included in the Main Roads or Other Highways Land Use Classes. The selection of survey transects on Rural Roads should pay careful regard to safety and should be limited to sites where there is a foot-way or a wide, easily walked verge.

4.7.9

Other Highways

This Land Use Class includes:

Formal and informal lay-bys on main and rural roads; pedestrian overbridges and underpasses; redway (dual purpose cycleway/footpath – as in Milton Keynes); narrow roads within housing areas - often referred to by local names, such as ‘ginnels’, ‘snickets’, ‘snickleways’, six-foots’ and ‘ten-foots,’ except where these provide rear access to terraced housing. Normally, this type of pathway is adopted and is usually closely bounded by walls and/or other boundary structures. Such alleyways need to be at least 25m in length to constitute a transect.

The first 50 metres of BOATs (Byways Open To All Traffic), RUPPS (Roads Used As Public Paths) – or Restricted Byways, where the latter have been reviewed, and bridleways leading from metalled public highways;

Redundant highway infrastructure still accessible to the public, including stub access roads to future development sites;

Note - “Other Highways” include dedicated cycleways separated by distance or by some physical barrier from highways used by motor vehicles. However, where a cycleway has no physical demarcation and forms part of another Land-use, it should be considered as part of that Land-use. For example, where a cycleway crosses a public park, that cycleway should be included as part of the evaluation of the public park and not as an “Other Highway.

4.7.10

Recreation Areas

This Land Use Class includes a wide range of open spaces that are freely accessible to the public and which are maintained by a local authority. Sites include parks, picnic sites, canals, lakes, riversides; municipal cemeteries (but not churchyards) and cycleways (excluding cycleways classified as ‘Other Highways’ – see above).

Where town squares and plazas are present within Main Retail and Commercial Areas and are predominantly ‘greenspace’ – i.e. contain over 50% of grassed, treed and shrubbed areas – they should be surveyed as Recreation Areas.

Notes: Many canal towpaths are excluded because they do not comprise Relevant Land for a principal litter authority. For the avoidance of doubt, beaches are not included in the NI 195 Survey.

Where the ownership of Recreational Land has been transferred from a Borough or District Council to a Town or Parish Council, this is no longer relevant land for the purposes of BVPI 199, and should be excluded. However, where Town or Parish Councils only manage land on behalf of the local authority (which retains ownership), then such land remains relevant land and should be included in the NI 195 return.

4.7.10
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