7. POLLUTION AND LAND RESOURCES

Introduction

7.1 In recent times there has been a major increase in environmental awareness. Public opinion will no longer accept the ceaseless expansion of urban sprawl onto more and more “greenfield” sites. However, at the same time, demand for the creation of further new housing, retail and leisure developments etc continues to be extremely strong. The Council, therefore, must ensure that the best use is made of the land that is available within the Borough. At least 60% of new development allocated in the Plan should ideally be on “brownfield” sites – that is to say, land that has been previously used for building or related purposes.

7.2 Despite its support for the re-use of vacant, derelict and contaminated land, the Council will need to avoid the occurrence of “town cramming” (the over development of available space). This is particularly important in respect of Colchester, given its status as Britain’s oldest recorded town.

7.3 Both PPG22 (Renewable Energy) and the DTI’s Energy Paper 62 highlight the need for diversity of energy supply and the environmental benefits that can accrue from a whole range of renewable energy sources. The Eastern Region Renewable Energy Study has considered these matters in more detail, and with specific regard to this area. The British energy producing sector is being required to include an element of renewable energy production in its overall fuel supply provision. There are undoubtedly suitable sources located within the Borough. As technology rapidly develops, various renewable energy sources are likely to become far more viable. Given the Borough Council’s aim of becoming the greenest Borough in the country, it will seek to encourage the local production of renewable energy supplies wherever practicable and environmentally friendly. Similarly, schemes incorporating energy conservation measures will be strongly encouraged.

Objectives

7.4 The Plan’s objectives with regard to pollution and land resources are:

(a) To control developments likely to lead to significant levels of pollution or hazards to public safety or to natural eco-systems;

(b) To avoid the location of new development in areas where it is likely to be subject to pollution generated by existing uses;

(c) To ensure that land resources are used to best effect and best use is made of derelict and contaminated sites.

Policies

DEVELOPMENT CONTROL CONSIDERATIONS

7.5 It is important to note that all policies contained within this chapter must be read alongside the overall Development Control Policy (DC1). This policy sets out the standard planning criteria applicable to all forms of development. The relevant criteria will be used to assess the suitability of any proposal, in addition to the following detailed policy guidance.

POLLUTION (GENERAL)

7.6 The threat of various forms of pollution arising from new development or changes of use has assumed increasing importance over the past few years, arising from greater research into the environmental impacts of different forms of development and public opinion becoming more and more sensitised to such impacts by a number of well- known incidents involving release of harmful waste or other materials into the environment. The Borough Council, working under the auspices of its Environmental Charter and making full use of relevant statutory powers, will prevent development of any kind that would be likely to cause any form of significant pollution affecting the amenities of surrounding interests. In this regard, the Council will work, wherever it can, to precise standards – for example, in respect of noise pollution.

Safeguarding New Development

7.7 There is also a need to safeguard proposed new development from likely pollution caused by existing uses bordering or close to the proposal site. In cases where such pollution would be at unacceptable levels, the new development proposed will not be granted permission.

Noise Pollution

7.8 The policy reflects the general guidance on pollution and noise – that is, that noisy activities should not be located near noise sensitive uses such as housing, schools etc and, conversely, that these noise sensitive uses should not be located near existing noise sources.

Air Pollution

7.9 The Council is required to measure air quality and, if necessary, declare Air Quality Management Areas. At present, it is not certain it will be necessary to declare such areas, which might have implications for the Local Plan. The matter will be kept under review.

Hazardous Materials

7.10 Convincing evidence will be required from all relevant applicants for planning permission demonstrating that maximum safeguards are, or shortly will be, in place to prevent any but the most marginal threat from potentially hazardous materials to neighbouring interests. This is especially the case where such surrounding uses are particularly vulnerable, as with residential and educational uses, for example.

7.11 The Planning (Hazardous Substances) Act 1990 introduced specific planning controls over the storage and use of hazardous substances, additional to controls over development. It gives local authorities an opportunity to consider whether the proposed storage or use of a significant quantity of a hazardous substance is appropriate in a particular location, having regard to the risks arising to people in the surrounding area.

7.12 The Borough Council is required to consult formally various organisations – for example, the Health and Safety Executive (H&SE) – with respect to planning applications, depending upon location and type of development proposed. Any special consultation requirements applicable to any particular site or proposed use may be confirmed by enquiring of the Development Control section of the Environmental Services Department.

 

P1 Development will not be permitted where either it or any ancillary activities, including vehicle movement, are likely to harm the amenities of people living nearby by reason of: (a) noise; (b) vibration; (c) smell; (d) fumes; (e) smoke; (f) ash; (g) dust; (h) grit; (i) light; (j) lack of adequate drainage facilities; (k) likelihood of pollution of surface or underground waters; (l) air pollution or any other forms of pollution. New development will not be permitted that is likely to be significantly affected by any of the relevant forms of pollution listed above. Any proposed development involving the manufacture, storage or use of materials potentially hazardous to public health and safety will be approved only when fully adequate safeguards have or will be taken to reduce likely risks to the surrounding area. It may be appropriate, in the light of an environmental assessment, to require a scheme of mitigation covering matters of planning concern to be approved before any built development is allowed to be undertaken.

LIGHT POLLUTION

7.13 The over use of outside lighting can be harmful to the character of the countryside or to local amenity. It can also prove detrimental to highway safety (eg through distraction and glare), energy conservation, wildlife interests, historic and listed buildings and those who need darkness for their work/leisure pursuits (eg astronomers).

 

P2 Planning applications for development requiring or likely to require external lighting should be accompanied by details of the proposed lighting schemes. These will be expected to demonstrate that they: (a) are the minimum required to undertake the lighting task; (b) minimise light spillage; (c) do not compromise highway safety; (d) protect local amenity and natural ecosystems; (e) do not detract from historic buildings or result in harm to the character or appearance of a Conservation Area. Landscaping measures might be required to screen the lighting from neighbouring countryside areas.

DEVELOPMENT IN FLOODPLAINS AND WASHLANDS

7.14 The Borough Council is required to consult the Environment Agency on all proposals for development that could be at risk from freshwater flooding (see Chapter 4, “Coast and Estuaries”, for policies relating to tidal flooding). Floodplains are defined as being those areas of low-lying land alongside water courses or in coastal areas that are liable to flooding. Washlands are the areas designed and maintained to store water in times of exceptional flooding. The Plan also seeks to encourage sustainable drainage solutions in all locations (see Policy UT1).

CONTAMINATED LAND

7.15 Typical examples of contaminated land include land formerly occupied by old gas works, where concentration of metals in the soil may be high; ex-industrial land where a potentially very wide range of hazardous substances may be found; and at completed industrial and domestic landfill sites where combustion might be readily induced, and settlement, generation of leachate and gas emissions may occur. However, very few sites are so badly contaminated that they cannot be used at all. In this context, it is primarily the responsibility of the prospective developer for assessing whether contaminated land is suitable for a particular use.

7.16 On the other hand, there is an obligation, when determining a planning application for land suspected of being contaminated, to consider whether the development proposals take proper account of this factor. Accordingly, in cases where the land is known to be or is suspected of being contaminated, prospective developers will be required to carry out a risk assessment and submit a report of the findings. This will establish the nature and extent of the contamination and whether:

(a) the site is suitable for its proposed use, or;

(b) the site can be made suitable for its proposed use by remediation measures.

Development will be permitted provided that these requirements can be met. Subsequently, the development and its users, adjacent development and its users and natural resources, including any controlled waters, will be free of short and long term risk from any contamination that may have been present on the site. Any report should be full and detailed and undertaken by a member of a body or organisation acceptable to the Borough Council.

7.17 The Environmental Protection Act (1990) provides the local authority and other pollution control bodies with separate pollution powers that are exercised outside of the planning function.

UNSTABLE LAND

7.18 Unstable land can be variously attributed to underground cavities, unstable slopes or compression of ground, either caused by natural processes or human activities in each case. In this connection, it is important to recognise that development itself or the intensification of development may be the triggering factor which initiates problems of instability. However, the aim of this policy is not simply to prevent development (although in some cases this may be the wisest course of action) but rather to ensure that a proposed use of land is suited to the physical constraints of the proposal site.

7.19 The responsibility for determining whether unstable or potentially unstable land is suitable for an intended use rests primarily with the developer. In particular, the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. It is therefore incumbent on prospective developers that they should make a thorough assessment of the proposal site to ensure that it is stable, or that any actual or potential instability can be overcome by appropriate remedial, preventative or precautionary measures.

7.20 In this context, where instability is suspected, applications will be required to be accompanied by a “stability report” describing and analysing the issues relating to site ground instability and indicating how these would be resolved. Any report should be full and detailed and undertaken by a member of a body or organisation acceptable to the Borough Council. The report would also need to address any likely adverse impacts on the interests of users of the surrounding land.

 

P5 Development or redevelopment of a site suspected of being unstable will be permitted if both the following criteria are met: (a) It is suited to the physical characteristics and capability of the proposal site; and (b) It has no harmful effects on the stability of adjoining land or interests of adjoining land users.

ECONOMY OF LAND USE

7.21 It is national policy to safeguard “greenfield” sites from unnecessary development and to allocate at least 60% of new development on to “brownfield” sites. To assist this aim, the Plan proposes that existing under-used, redundant, vacant, derelict and even contaminated sites, particularly in urban areas and villages, should be developed in preference to these. This issue is referred to further in Chapter 13, “Housing”, and Chapter 14, “Employment”.

7.22 In considering appropriate after-uses for “brownfield” sites, the following will be taken into account:

(a) The likely effect – including traffic generation – of any new use on the landscape and residential amenities;

(b) The existing or potential nature conservation or recreational value of the site;

(c) The nature and composition of any waste that has been deposited on the land (see Contaminated Land Policy P4).

RENEWABLE ENERGY SCHEMES

7.23 The Council is keen to help to ensure that increased exploitation is made of renewable energy sources in order that they can supply a significant contribution to the Borough’s overall energy requirements.

7.24 Support will generally be given to the development of renewable energy schemes provided that they do not significantly conflict with other policies in the Plan. It is considered that the following represent the most technically feasible and suitable local sources of such energy:

(a) Landfill gas (already proposed at Bellhouse Pit, Stanway);

(b) Municipal (eg composting) and industrial wastes;

(c) Bio-mass (agricultural and forestry wastes);

(d) Energy crops (eg short rotational coppicing of willow/poplar trees and straw burning);

(e) Solar power;

(f) Other (eg small wind turbines, photovoltaic [PV] cells and sewage sludge).

7.25 The aim of the planning system is to secure economy, efficiency and amenity through the use of land in the public interest. The Borough Council’s policies towards developing renewable energy sources must be weighed carefully with its continuing commitment to policies for protecting the local environment. It acknowledges the advice in PPG22 that proposals to harness renewable energy can display a variety of factors peculiar to the technology involved. Moreover, such schemes can have particular locational constraints since, in many cases, the resource can be harnessed only where it occurs. The Borough Council will need to consider both the immediate impact of renewable energy projects on the local environment and a projects wider contribution to reducing emissions of greenhouse gasses.

7.26 However, proposals for wind farms and wind turbines or other types of renewable energy generation which would be visually intrusive because of their plant or networks of supply, will not be permitted in the Dedham Vale Area of Outstanding Natural Beauty, locally important landscapes, the undeveloped coast (much of which is designated of international importance), or within sites which are statutorily protected because of their historic or nature conservation importance. Where energy generation necessitates the movement of raw materials on the local road network to the generating plant (eg bio- gas production, forestry waste and energy crops), the local road network should be suitable for handling the road traffic generated by the proposals.

 

P6 A proposal for renewable energy will be permitted if it does not harm the landscape or historic features within it. In this context, special protection will be given to the Dedham Vale AONB and the undeveloped coast.

ENERGY EFFICIENCY

7.27 In line with its commitment to Local Agenda 21, the Local Planning Authority will seek to ensure that, where development occurs, it incorporates suitable energy conservation features. The use of good design can play a major part in helping to control and restrict unnecessary energy wastage, whereas siting and layouts can be planned so as to help to minimise the number of car journeys generated, thus restricting levels of atmospheric pollution.

7.28 Examples of how energy efficiency can be best achieved include the innovative use of:

(a) siting;

(b) layout;

(c) design (eg use of passive and/or active solar energy);

(d) construction (eg methods and materials);

(e) alternative technology.

7.29 Appropriate energy conservation measures will be encouraged for incorporation within development schemes.