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Chapter 17
Environmental Protection

EP1

Managing Environmental Risk (Part 1 Policy)

EP2

Pollution

EP3

Development of Contaminated land

EP4

Development on or near to landfill sites

EP5

Development and Hazardous Substances

EP6

Noise and Vibration

EP7

Light Nuisance

EP8

Flood Risk

Objective

To reduce the impact of development on the environment and people, and to minimise environmental risk.

 

Indicators

17.1 The percentage of residents who experience problems with different types of noise in their area:
- Road traffic
- Other transport
- Industry and commerce
- Pubs, clubs and entertainment premises
- Neighbours.

 

17.2 Number of planning applications where the Environment Agency recommend that planning permission is refused on:

 

  1. flood risk grounds;

     

  2. water quality grounds;

     

and the percentage of these where permission is granted.

 

Key partners

Environment Agency, United Utilities

 


Introduction

17.1 Some development can cause pollution and pose a risk to the environment. A rigorous approach to such development is needed in order to protect ecological systems, cultural assets and amenity, and to improve people’s quality of life and health.

 

17.2 A number of organisations share responsibility for managing environmental risk. Pollution control regimes are concerned with determining appropriate levels of emissions from different sources, and ensuring that ambient air and water quality meets the relevant standards. The appropriate pollution control authority, either the Environment Agency or Sefton Council, can impose conditions, through Pollution Prevention and Control permits, to achieve the highest level of protection for the environment as a whole taking into account the Best Available Techniques (BAT).

 

17.3 The role of the planning system in relation to environmental risk is to ensure that the development itself is an acceptable use of land. To minimise delays that developers may experience from negotiating separate applications for planning approval and pollution permits, parallel applications should be made where possible.

 

17.4 Sefton has a number of important ecological assets - e.g. nature conservation sites of international importance - that need to be protected from pollution and other environmental risks. The features that support these habitats also need to be protected, such as streams and groundwater.

 

17.5 Sefton has two important sources of groundwater - the dune aquiferG and the major aquifer under the south of the Borough. Once this groundwater becomes polluted it is difficult to clean it up again.

 

17.6 Additional risk can be posed to people and wildlife in a number of ways, for example through:

 

17.7 The planning system can control these risks by regulating the location of development and controlling the way in which development operates. The planning system can also regulate what happens after uses have ceased, so that sites can be restored to a suitable standard.

 

17.8 The purpose of these policies is to reduce the impact of development on the quality of land, water and air, and to limit environmental risk.

 

POLICY EP1
MANAGING ENVIRONMENTAL RISK

Development proposals should demonstrate that environmental risks have been evaluated and appropriate measures have been taken to minimise the risks of harm or damage to people, property and the natural environment, from:

 

  1. pollution of land, surface water, ground water and the air;

     

  2. previously contaminated land;

     

  3. hazardous substances;

     

  4. noise, vibration and light nuisance;

     

  5. flooding.

     

This is a Part 1 policy

 


Explanation

17.9 Environmental risks may be caused because development is not in an appropriate location or because it causes the release of harmful substances through the way it operates. These may damage the environment and affect people’s quality of life.

 

17.10 It is essential that any risks are fully assessed and that steps are taken to reduce those risks to an acceptable level. A precautionary approach will be applied to manage environmental risk. Development should avoid causing a risk to the environment. Where a risk cannot be avoided, measures should be incorporated into the proposal so that risk can be reduced or controlled.

 

Implementation

17.11 This policy will be implemented through the development control process.

 

Sustainability Appraisal

Policy not changed but explanation now refers to precautionary approach and standard hierarchy of risk management.

 

Policy Links

None

 

Background documents

Planning Policy Guidance Note 23 ‘Planning and Pollution Control’, 2001.

 

POLICY EP2
POLLUTION

  1. Development will not be permitted if it significantly affects any of the following:

     

    1. local air quality;

       

    2. the quality of surface water and groundwater;

       

    3. soil quality.

       

  2. Planning conditions or legal agreements will be used to ensure that appropriate measures are incorporated into proposals to reduce pollution.

     


Explanation

17.12 In making decisions on planning applications consideration will be given to the risk of pollution and the likely effect of pollution on neighbouring land uses.

 

17.13 Air pollution can be caused by extra traffic generated by development or through industrial processes. Developments that are likely to cause air pollution will not be permitted if they could affect the Borough’s ability to meet national air quality targets. These are reflected in Sefton’s Air Quality Strategy, ‘Breathing Space’. This contains proposals for the creation of Local Air Quality Priority Areas. Such Areas will be closely monitored by the Council. Applicants who propose development within these Areas will need to demonstrate that their proposal will not contribute to air pollution.

 

17.14 Soil quality and the quality of surface water and groundwater could be affected by uncontrolled industrial processes, waste disposal, mineral extraction and through inadequate foul or surface water drainage.

 

17.15 The pollution of surface water or groundwaters could harm important ecological areas and could affect the social and economic well being of the Borough. Significant risk could be posed by locating potentially polluting developments close to ponds, water courses and the Environment Agency’s Source Catchment Areas or Source Protection Zones of an aquiferG.

 

17.16 To treat surface water run-off at source developers are encouraged, where possible, to incorporate sustainable drainage systems into their proposals. The requirements are set out in Policy DQ5 ‘Sustainable Drainage Systems’.

 

17.17 Planning conditions or legal agreements will be used to control aspects of development that are not covered by pollution permits. For instance, a planning condition may be used to control the hours of working and legal agreements may be used to secure the preparation and implementation of Green Travel Plans where air pollution could be a problem.

 

Implementation

17.18 This policy will be implemented through the development control process, taking account of the Air Quality Strategy.

 

Sustainability Appraisal

Policy not changed but policy link to DQ5 ‘Sustainable Drainage Systems’ added.

 

Policy Links

DQ5 Sustainable Drainage Systems

 

Background documents

Planning Policy Guidance Note 23 ‘Planning and Pollution Control’ Consultation Paper July 2002; ‘Breathing Space’, SMBC, 1999.

 

POLICY EP3
DEVELOPMENT OF CONTAMINATED LAND

  1. Where there is evidence that a site may be affected by contamination, proposals shall be accompanied by a site investigation report and a schedule of remedial measures.

     

  2. Development will not be permitted where the remedial measures will not deal effectively with the level of contamination and will place the occupiers of the proposed development and neighbouring land uses at risk.

     

  3. Where proposals are acceptable in principle, planning permission will be granted subject to conditions requiring:

     

    1. where appropriate, a full site investigation and assessment to be carried out before the development begins; and

       

    2. the development to incorporate all the remedial measures found to be necessary.

       

  4. Where remedial measures are required to deal effectively with contamination, a validation report must be submitted to verify that remedial works have been carried out.

     

  5. Where appropriate, ecological surveys must accompany applications that involve the development of contaminated land.

     


Explanation

17.19 Previously developed or used land that is contaminated must be brought into beneficial use wherever possible so that land is used effectively. This will reduce the amount of derelict land and support urban regeneration.

 

17.20 Many sites in the Borough are known to be contaminated, for example, through historical industrial uses and former landfill sites.

 

17.21 The purpose of this policy is to ensure that measures to remove or treat contaminated land do not endanger public health or the environment. This policy applies to land that is suspected of being contaminated1.

 

17.22 The policy requires developers to find out the nature, degree and extent of any harmful materials on their sites by carrying out site investigations and to come up with proposals for dealing with any contamination.

 

17.23 Where there is evidence that the level of contamination is slight, planning permission may be granted subject to further site investigations and assessments being carried out.

 

17.24 Conditions will be used to require the necessary remedial measuresG. A validation report will also be required to verify that remedial measures have been carried out. Occupation of built development will not be permitted until a validation report is received.

 

17.25 Contaminated land may have nature conservation value. In such cases an assessment of the potential nature conservation value of a contaminated site may be required. This will ensure that, as far as possible, this interest can be protected and enhanced as part of an overall scheme to develop contaminated land.

 

Implementation

17.26 This policy will be implemented through the development control process.

 

Sustainability Appraisal

Policy not changed as it is considered to be acceptable.

 

Policy Links

None.

 

Background documents

Planning Policy Guidance Note 23 ‘Planning and Pollution Control’, Consultation Paper, July 2002; Circular 02/2000 ‘Contaminated Land’, DETR, 2000. Sefton Contaminated Land Inspection Strategy, June 2001

 

POLICY EP4
DEVELOPMENT ON OR NEAR TO LANDFILL SITES

  1. Development proposals on land liable to be affected by the migration of gas or other harmful substances from a nearby landfill site will only be permitted:

     

    1. if proposals are accompanied by a site investigation report containing information on the nature and extent of landfill gas and any other harmful mobile substances;

       

    2. if proposals are accompanied by a schedule of remedial measures;

       

    3. if suitable precautions are taken to prevent migrating gas or other harmful substances causing a hazard either during the course of development or during the subsequent use of the site; and

       

    4. where appropriate, adequate provision has been made for the continued monitoring of gas on site.

       

Procedures

 

  1. Planning conditions or legal agreements will be used to ensure that appropriate measures are incorporated into proposals to control the migration of gas or other mobile substances.

     


Explanation

17.27 Significant risk can be posed by the migration of harmful substances including gases from landfill waste disposal sites. As a guide, an assessment of migrating gas or other harmful substances will need to accompany development proposals within 250m of a landfill site2. Planning permission will not be granted where there is considered to be a substantial risk to the development. In particular residential development with gardens within 50 metres of a boundary with a landfill site and the provision of garden areas within 10 metres of a boundary with a landfill site are likely to be resisted.

 

Implementation

17.28 This policy will be implemented through the development control process.

 

Sustainability Appraisal

Policy not changed but explanation now refers to Environment Agency’s recommendations in relation to development within 250m of a landfill site.

 

Policy Links

None.

 

Background documents

None

 

POLICY EP5
DEVELOPMENT AND HAZARDOUS SUBSTANCES

Development:

 

  1. which involves the storage or use of hazardous substances; or

     

  2. which involves modifications to existing establishments where hazardous substances are used or stored; or

     

  3. within the vicinity of existing sites where hazardous materials are stored or used
    will not be permitted where there would be unacceptable risk to the users of the site, occupiers of neighbouring land or the environment.

     


Explanation

17.29 The purpose of this policy is to reduce the risk posed by the storage and use of hazardous substances. This is done by maintaining appropriate distances (defined by the Health and Safety Executive) between establishments where hazardous substances are present, and sensitive areas. These include residential areas, sites or buildings that are used by the public, natural features such as watercourses and aquifers, and areas of ecological interest.

 

17.30 This policy only covers applications for planning permission where the storage and use of hazardous substances is likely to affect uses nearby. Separate permission - Hazardous Substances Consent - is needed for the storage and use itself.

 

Implementation

17.31 This policy will be implemented through the development control process.

 

Sustainability Appraisal

Policy not changed as radioactivity is dealt with under other legislation.

 

Policy Links

None.

 

Background documents

EC Directive 96/82/EC (the Seveso II Directive); The Planning (Hazardous Substances) Act 1990

 

POLICY EP6
NOISE AND VIBRATION

  1. Development that is likely to generate significant levels of noise or result in new noise-sensitive developments being located close to an existing noise source will only be permitted where:

     

    1. a noise assessment has been carried out and submitted as part of the planning application; and

       

    2. the impact of the noise and vibration will not be significant or can be reduced to an acceptable level.

       


Explanation

17.32 Noise or vibration can be generated through development in many different ways, for example:

 

17.33 Problems can arise where development which generates noise is proposed near a development which is sensitive to noise, such as housing, hospitals or schools. There is also concern where a development which is sensitive to noise is proposed near an existing source of noise.

 

17.34 The purpose of this policy is twofold. It will help to ensure that:

 

17.35 Where the levels of noise would be unacceptable, developers will need to demonstrate that adequate measures can be incorporated into proposals to reduce noise and disturbance. Planning Policy Guidance Note 24 ‘Planning and Noise’ provides further guidance on such measures and on how to carry out noise assessments.

 

Implementation

17.36 This policy will be implemented through the development control process.

 

Sustainability Appraisal

No changes made.

 

Policy Links

None.

 

Background documents

Planning Policy Guidance Note 24 ‘Planning and Noise’, 1994.

 

POLICY EP7
LIGHT NUISANCE

  1. Development, including that containing flood-lighting, will only be acceptable where it can be demonstrated that:

     

    1. light spillage, glare and sky glow can be minimised;

       

    2. the scheme will not harm road safety or wildlife.

       

  2. Proposals for flood-lighting within the rural areas will not be permitted unless it can be demonstrated that the lighting will not detract from the character of the rural areas.
    Procedures

     

  3. Details of flood-lighting schemes shall be submitted as part of a planning application.

     

  4. Where flood-lighting is permitted conditions may be imposed to limit their level of luminance and hours of use.

     


Explanation

17.37 Flood-lighting is important for security and safety. It has other important uses, such as extending the times when recreational sites can be used and lighting key buildings within town centres. However, poorly designed or badly directed lighting is responsible for sky glow and glare, which can harm wildlife, residential amenity and the character of an area.

 

17.38 To assess the likely impact of flood-lighting it is essential that planning applications are accompanied by details of the number of floodlights proposed, their location and their luminance level (i.e. the amount of light emitted).

 

Implementation

This policy will be implemented through the development control process.

 

Sustainability appraisal

Policy not changed but explanation now refers to safety and lighting of key town centre buildings.

 

Policy Links

None.

 

POLICY EP8
FLOOD RISK

  1. Where development is likely to be at risk of flooding or increase the risk of flooding elsewhere, a flood risk assessment shall be submitted as part of the planning application.

     

  2. Development which would be at unacceptable risk of flooding or would be likely to increase the risk of flooding elsewhere will not be permitted, unless the proposal contains adequate flood protection or mitigation measures.

     

  3. Development will not be permitted if it increases the need for additional civil engineering or other works to prevent flooding. Exceptions may be made where the developer pays for the capital and maintenance costs of the necessary works.
    Procedures

     

  4. Planning conditions or legal agreements will be used to ensure that development is not at risk of flooding or likely to cause flooding elsewhere.

     


Explanation

17.39 In Sefton there is a threat from tidal flooding, river flooding and a combination of the two. Areas known to be at risk of flooding include those areas defined by the Environment Agency, which are shown in figure 17.1, and those areas which have a history of flooding. Figure 17.1 provides only a snapshot and developers should obtain up-to-date information from the Environment Agency. Development in other areas (not specifically highlighted on figure 17.1) may also be at risk of flooding or would be likely to increase the risk of flooding elsewhere.

 

Figure 17.1 Flood Zones in Sefton

 

Figure 17.1 Flood Zones in Sefton, January 2005 based on information supplied by the Environment Agency

17.40 The risk of flooding can be increased through development which:

 

17.41 It is the developer’s responsibility to provide an assessment of whether their proposals are likely to be affected by flooding, or whether they will increase flood risk elsewhere.

 

17.42 Developers will need to demonstrate that any risk can be reduced to an acceptable level by, for instance:

 

17.43 Conditions or agreements will be used to make sure that these are provided where agreed.

 

Implementation

17.44 This policy will be implemented through the development control process.

 

Sustainability Appraisal

Policy not changed as detailed explanations are more appropriate to supplementary guidance.

 

Policy Links

CPZ2 Coastal Protection
DQ5 Sustainable Drainage Systems

 

Background documents

Planning Policy Guidance Note 25 ‘Development and Flood Risk’, 2001; Shoreline Management Plans for Sub-Cell 11A (Llandudno to Formby Point) and 11B (Formby Point to Fleetwood), both Shoreline Management Partnership, 1999.

 

1 This is regardless of whether or not it is statutorily defined as being contaminated under Part 11A of the Environmental Planning Act 1990

 

2 This is in accordance with the advice contained within Waste Management Paper No.27, DoE 1989. This document is currently being revised.

 

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