Newark & Sherwood District Council
   
Chapter 14.0 - Public Utilities and Energy
 
PU1 Washlands
PU2 Land Drainage and Surface Water Disposal
PU3 Water Supply
PU4 Aquifer Protection
PU5 Water Environment
PU6 Sewerage and Sewage Treatment
PU7 Development in the Vicinity of Sewage Treatment Works
PU8 New Public Utilities
PU9 Telecommunication Development
   

   
14.1 This chapter sets out the District Council's policies for public utilities and energy within the District. Firstly, the background, problems and issues are considered, the policy context is explained, and the Local Plan's strategy is outlined. Then the Council's policies are detailed in sections on land drainage and flood alleviation, water supply and sewage treatment, public utilities and energy.
   
  Background, Problems and Issues
14.2 The availability and provision of utility services has a significant influence on the scale, location and timing of new development. The District Council will seek to ensure that new development is provided with satisfactory infrastructure. The Environment Agency is responsible for safeguarding the water environment, including flood alleviation and the protection of ground water supplies. The Local Plan can help by steering new development away from areas which are not suitable for building.
14.3 There are a number of problems within the District relating to water supply, drainage, sewage treatment, groundwater pollution and minewater intrusion. For instance, in Newark, the water supply system cannot provide for the scale of development proposed in the Plan without major reinforcements being undertaken. In particular, there is little or no spare capacity for industrial uses on the Northern Road Industrial Estate. In Southwell, there are surface water drainage problems in the Halam Road/Lower Kirklington Road area, which at times of heavy rainfall has led to the flooding of properties and gardens. Further residential development in this area could exacerbate the problems unless flood alleviation measures are taken. There is also a need to protect groundwater, including the aquifers within the District, from pollution. Of particular concern is the contamination caused by nitrate usage in arable farming. Past industrial activities, the use of some pesticides, inappropriate disposal of sewage, and minewater intrusion all contribute to the problem of groundwater pollution. There are policies in the Plan which seek to prevent development which would cause groundwater contamination.
   
  Policy Context for the Plan
  Central Government Advice
14.4 PPG12 "Development Plans and Regional Planning Guidance" states that in preparing plans, planning authorities should consider both the requirements of public utilities for land to enable them to meet the demands that will be placed upon them, and the environmental effects of such additional uses. It further advises that the adequacy of existing infrastructure and any backlog in investment may well influence the timing of development.
14.5 Renewable energy's potential role in tackling greenhouse gas emissions and its environmental implications are set out in PPG22 "Renewable Energy".
14.6 Government policy on telecommunications development, which is set out in PPG8 "Telecommunications", is to facilitate the growth of new and existing systems, whilst taking account of the need for the protection of urban and rural areas.
   
  Regional Planning Guidance for the East Midlands
14.7 The District Council has taken into account Regional Planning Guidance which indicates that development plan policies should not permit inappropriate development in areas at risk from flooding or allow the pollution of groundwater supplies. In addition, local planning authorities should have regard to water supply and sewerage problems in the preparation of local plans. However, the absence of particular infrastructure, whether water supply or sewage treatment, should not be regarded as a long term constraint, as it can be resolved given time and resources. The development of renewable energy facilities should be encouraged where economically viable and environmentally acceptable.
   
  Nottinghamshire Structure Plan Review
14.8 The policies of the Local Plan conform with those of the Structure Plan Review. The Structure Plan seeks to protect floodplains (Policy 11/1) and aquifers (Policy 11/2) from inappropriate development.
14.9 The Structure Plan Review encourages energy conservation in new development (Policy 10/4) and supports renewable energy proposals (Policies 10/2 and 10/3). Major energy developments will be considered more favourably on existing sites subject to certain planning criteria (Policy 10/1).
   
  Objectives
14.10 The aims of the Local Plan will be achieved through the implementation of the following objectives:
 
  • to resist development in the washlands;
  • to resist development which fails to make adequate provision for sewerage disposal, surface water disposal and water supply;
  • to resist certain types of development in the "aquifer protection zones";
  • to ensure that new development takes place in locations where existing and planned services can accommodate additional growth;
  • to resist development which has an adverse effect on the water quality and wildlife habitats of rivers;
  • to minimise the impact of new public utility development on the environment;
  • to provide for telecommunications development; and
  • to encourage the use of renewable energy sources.
  Land Drainage and Flood Alleviation
14.11 The District Council wishes to protect residents and businesses from the risk of flooding and will ensure that there is adequate drainage for any new development. The following policies provide guidance on where development will be permitted.
 
Policy PU1
Washlands
Planning permission will not be granted for built development or the raising of ground levels in the washlands of the Rivers Trent, Devon, Fleet, Maun, Meden and Greet, except if alternative flood storage capacity has been provided elsewhere.
   
  Justification
14.12 Large areas of land in the District lie within washlands and are liable to flood. These areas, which have been identified by the Environment Agency, are shown on the Proposals Map. It is important to ensure that new development is not at risk from flooding which could endanger life, damage property or cause the wasteful expenditure of public resources on remedial works. Development in such locations may also increase the risk of flooding elsewhere by reducing storage capacity for the floodplain or by impeding the flow of flood water. Land raising in the floodplain may have a similar effect. Development will therefore be resisted in washlands, in accordance with guidance in Circular 30/92 "Development and Flood Risk" and Policy 11/1 of the Structure Plan Review. Exceptions may be made if alternative flood storage capacity has been provided elsewhere. Within the washland areas of the District, there are many existing buildings and uses ranging from dwellings and farm buildings to employment and retail sites. New built development associated with these sites and buildings will not normally be acceptable. However, it is recognised that small extensions or the rationalisation of existing sites to reduce the floor area covered by buildings may in certain circumstances be acceptable.
 
Policy PU2
Land Drainage and Surface Water Disposal
Planning permission will not be granted for development which fails to make adequate provision for land drainage and surface water disposal. Where there is a reasonable prospect that infrastructure improvements necessitated by development can be satisfactorily implemented, planning permission will be granted subject to a condition that the development shall not commence until those infrastructure works have been completed in accordance with details first submitted to and approved by the District Council.
   
  Justification
14.13 The function of the Local Planning Authority with regard to land drainage is to ensure that development does not proceed, unless the infrastructure is adequate or is upgraded to cope with additional demands. The District Council will heed the advice of the relevant land drainage authority, and the Environment Agency, and, where there is a reasonable prospect of the necessary works being carried out, grant planning consent subject to a negative planning condition.
   
  Water Supply and Sewage Treatment
14.14 It is important that there is adequate infrastructure to accommodate new development. In particular, the provision of a satisfactory water supply and the means to dispose of sewage is essential. The environment of river corridors and the existing sources of water supply will also be protected. The District Council will seek to ensure that new development can be satisfactorily accommodated and the following policies outline the relevant requirements.
 
Policy PU3
Water Supply
Planning permission will not be granted for development where the water supply system is inadequate to serve the proposal. Where there is a reasonable prospect that infrastructure improvements necessitated by development can be satisfactorily implemented, planning permission will be granted subject to a condition that the development shall not commence until those infrastructure works have been completed in accordance with details first submitted to and approved by the District Council.
   
  Justification
14.15 The function of the Local Planning Authority with regard to water supply is to ensure that development does not proceed, unless the infrastructure is adequate or upgraded to cope with additional demands. The District Council will heed the advice of the relevant water company and, where there is a reasonable prospect of the necessary works being carried out, grant planning consent, subject to a negative planning condition. Prospective developers are advised to discuss the requirements with the relevant water company, so that an assessment can be made at the earliest opportunity.
 
Policy PU4
Aquifer Protection
Planning permission will not be granted for development proposals which could lead to the infiltration of harmful pollutants into groundwater or that will adversely affect groundwater movement. This restriction is particularly important to aquifers from which public water supplies are drawn, as defined on the Proposals Map.
   
  Justification
14.17 Currently, groundwater provides approximately 40% of the total public water supplied in the Severn Trent Region. Aquifers also form a major source of industrial and agricultural water supplies. Unlike pollution of surface water courses, pollution of groundwater may result in the loss of the groundwater resource for many years. Effective remedial action is frequently not feasible or is excessively expensive and so groundwater pollution control must be preventative in nature. The risk of pollution is increasing, both from the disposal of waste materials and from the widespread use of potentially polluting chemicals by industry and agriculture.
14.18 The District Council will seek to prevent the pollution of groundwater within the Aquifer Protection Zone identified on the Proposals Map. In addition the District Council will follow the guidance set out in the Environment Agency's policy document 'Policy and Practice for the Protection of Groundwater'. As part of the implementation of the policy the Environment Agency are publishing vulnerability maps, which locate in detail vulnerable areas of aquifer. The Environment Agency are also to designate Source Protection Zones around major water supplies, which may lead to the amendment of the zones detailed on the Proposals Map. There is a particular need to protect the vulnerable Sherwood Sandstone aquifer in Newark and Sherwood. Developers are advised to check, with the Environment Agency, the extent of the new zones when published. Within these areas in particular, development will be carefully controlled. The existing Nitrate Sensitive Areas are referred to in Paragraph 8.47.
 
Policy PU5
W ater Environment
Planning permission will not be granted for development which could have an adverse effect on water quality and associated wildlife habitats of the Rivers Trent, Devon, Fleet, Maun, Meden and Greet and their tributaries.
   
  Justification
14.19 It is essential that new development does not lead to increases in the level of pollution or of a risk of pollution occurring. Levels of water pollution adversely affect the recreation, tourist, ecological, and abstraction potential of the rivers in the District.
 
Policy PU6
Sewerage and Sewage Treatment
Planning permission will not be granted for development which fails to make adequate provision for sewerage and sewage treatment. Where there is a reasonable prospect that infrastructure improvements necessitated by development can be satisfactorily implemented, planning permission will be granted subject to a condition that the development shall not commence until those infrastructure works have been completed in accordance with details first submitted to and approved by the District Council.
   
  Justification
14.20 The function of the Local Planning Authority, with regard to sewerage and sewage treatment, is to ensure that development does not proceed, unless the infrastructure is adequate or is upgraded to cope with additional demands. The District Council will heed the advice of the relevant water company and the Environment Agency and, where there is a reasonable prospect of the necessary works being carried out, grant planning permission, subject to a negative planning condition.
 
Policy PU7 - Development in the Vicinity of Sewage Treatment Works
Development in the vicinity of a sewage treatment works will not be permitted, if it would result in occupiers and users of the development experiencing an unacceptable loss of amenity caused by odours or other problems associated with sewage treatment.
   
  Justification
14.21 The operations undertaken at a sewage treatment works may, by their very nature, be incompatible with other land uses. Consequently, when considering planning applications, the District Council will seek the advice of the relevant water company and the Council's Community Services Department as to the potential impact of existing sewage treatment works upon the occupiers and users of the proposed development. Although the level of incompatibility is perhaps greatest with the development of land for residential purposes in close proximity to a sewage treatment works, other land uses may be considered inappropriate because of the loss of amenity to occupiers and users.
14.22 Severn Trent Water Ltd. has a "cordon sanitaire" policy which seeks to minimise the impact of potential nuisance and discomfort caused by odours/flies generated by sewage treatment works. Each "cordon" is site specific and takes into account such factors as: types of process in use at the works; size of the works; industrial effluents received; land-use around the site; anticipated extensions to the works; and site topography.
14.23 Policy 11/4 of the Nottinghamshire Structure Plan Review "Development of Hazardous Installations and in Areas Potentially Affected by Pollution" also relates to development close to sewage treatment works.
   
  Public Utilities
14.24 The District Council wishes to encourage the development of an efficient distribution of public utilities and communications systems within the area. The following policies provide guidance on where new public utilities will be permitted.
 
Policy PU8
New Public Utilities
Planning permission will be granted for new utility services provided:
1. They are not located in highly visible locations or where they would have an adverse effect on landscape quality;
2. They do not adversely affect the landscape and ecological value of the Sherwood Forest Heritage Area;
3. They are sited, designed and landscaped to minimise their possible impact on the countryside and/or neighbouring properties; and
4. They would not adversely affect features of ecological or archaeological importance.
   
  Justification
14.25 The District Council will generally support the provision of essential utility installations. In certain circumstances, these facilities may have to be accommodated in the countryside, such as, electricity transmission lines. However, it is important to ensure that these installations are sensitively located in order to minimise the adverse impact on the landscape or neighbouring properties. Careful siting, design and landscaping will normally be required, particularly in sensitive locations. New public utilities should not be situated in the Sherwood Forest Heritage Area, unless it is unavoidable, because of the sensitive nature of the area.
 
Policy PU9
Telecommunications Development
Planning permission will be granted for the erection of telecommunications apparatus where:
1. There is no reasonable possibility of erecting antennas on an existing building or other structure; and
2. There is no reasonable possibility of sharing existing facilities.
Any apparatus should be sited and designed so as to minimise the visual impact, subject to operational and technical requirements. Particular care will be needed where apparatus is proposed to be located within the Sherwood Forest Heritage Area.
   
  Justification
14.26 Technological changes in communications require the provision of a wide range of aerials and masts. Government policy is to facilitate the growth of telecommunications. In PPG8 "Telecommunications", it advises that the planning system should encourage and avoid hindering development in this field. However, the Government is also fully committed to preserving the national heritage and it has emphasised that the growth of telecommunications does not mean that the appearance of buildings, towns and the countryside can be allowed to suffer serious damage.
14.27 PPG8 stresses the need to keep to a minimum the numbers of radio and telecommunications masts, and of the sites for such installations. The sharing of masts will help to achieve this, where practicable, as will the use of existing buildings to site new antenna. In dealing with new telecommunications proposals, the District Council will take account of the visual impact of the apparatus and any ancillary development, whilst bearing in mind the special needs and technical problems of the industry. The scope for landscaping and screening will also be important considerations.
   
  Energy
14.28 National Power have been granted planning permission for a new 1500 megawatt combined cycle gas turbine (CCGT) power station at Staythorpe.
14.29 In addition to the Staythorpe Power Station proposal, it is possible that other major energy development schemes may be submitted in the future. The District Council, when commenting on proposals for major energy developments will take into account:
 
  • the impact upon sensitive environments, the landscape, and the best and most versatile land;
  • the effect on the amenities of local residents;
  • the traffic generation effects; and
  • the impact upon rivers and washland areas.
  These factors must be weighed against the national demand for energy and the regional and local need for job creation or retention. Where development is considered to be acceptable, it should meet the highest possible environmental standards.
14.30 Renewable energy is the term used to cover those energy flows that occur naturally and repeatedly in the environment: energy from the sun; the wind and the oceans; and the fall of water. The advantage of using renewable energy is the contribution it makes to limiting emissions of greenhouse gases and to reducing the depletion of finite energy resources. PPG22 "Renewable Energy" accepts that such development will almost always have some local environmental effects, but that this must be weighed against the wider environmental benefits for developing renewable energy sources.
14.31 Renewable energy is not the only solution to limiting emissions of greenhouse gases. On the demand side, energy efficiency can also make a substantial impact on reducing our energy consumption. Combined heat and power schemes represent one of the ways in which greater energy efficiency can be achieved.
14.32 Proposals for renewable energy installations and combined heat and power schemes will be determined in accordance with Policies 10/2 and 10/3 of the Structure Plan Review and relevant Local Plan policies. Policy DD1 is applicable and Countryside, Green Belt and Sherwood Forest Heritage policies may also be relevant. In considering such development, the District Council will take account of a range of issues including residential amenity, highways, landscape, nature conservation, ecology and archaeology.
 
 
 
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