Recent years have witnessed increasing public concern over threats to the environment.  The by-products of using energy and raw materials for domestic and industrial purposes are, in addition to their global effects, a major factor in pollution of local air, land and water resources.  The Council is committed to a substantial improvement in air quality in the City together with a major reduction in water pollution along the Sunderland coastline.  It will also seek to minimise any hazards arising from the contamination of land and will continue to work for the reclamation of derelict sites.  The UDP will complement the Council's other powers to deal with pollution, public health, public safety and similar environmental issues.  Because of its scope and its ability to shape future patterns of development, rather than simply regulate existing problems, planning is one of the most important mechanisms by which to safeguard and enhance the City's environment.

Measures such as the Clean Air Acts of 1956 and 1968 have resulted in a significant reduction in visible air pollution.  Smoke Control Areas - within which permitted levels for sulphur dioxide and smoke are set and monitored - have been designated across the whole City.  Nevertheless, despite these successes, nitrogen dioxide levels in Sunderland increased by 16.6% between 1986 and 1991.  Traffic is now the main cause of poor air quality and policies to address this problem are found in the relevant chapters.

The organisation of the post-privatisation gas and electricity industries continues to evolve in response to Government policy aimed at ensuring diverse and secure sources of power.  The requirement for a proportion of power to be generated from non-fossil fuel sources is expected to give a boost to the development of renewable energy technologies such as wind-farms, which require prominent sites for the wind turbine masts (15-30m high).  Energy-from-waste schemes have the potential to recycle the energy contained in refuse by converting it into electricity through incineration, whilst biogas, sewage sludge, farm slurry and energy from crops may all have a role to play.  Thus planning control can not only contribute to reducing the need to consume energy but also provide a policy framework for the development of energy from renewable resources.

Nuisance from noise and vibration can be controlled under various legislation.  The Control of Pollution Act 1974 provides for the designation of Noise Abatement Zones; one has been declared at the Wear Industrial Estate in Washington.  Road traffic can also be a source of noise nuisance.  On new roads this can be overcome by careful design; on existing roads 'traffic calming' measures may have some effect. Building Regulations require new building works to comply with prescribed standards of sound insulation, whilst noise can also be a material consideration under planning legislation (PPG24 para. 2).

Hazardous and 'bad neighbour' uses - and developments near to them - require special consideration because of the potential danger or nuisance which can arise.  The Health and Safety Executive provides advice to local planning authorities on proposals for development in close proximity to sites where hazardous substances are stored. 'Bad neighbour' uses (see also Chapter 4: EC14 to EC15) potentially include heavy industry, abattoirs, existing sewage treatment works, landfill sites and incinerators.  The siting of environmentally-sensitive development such as housing, shopping or community facilities in close proximity to such uses can give rise to complaint.

Unstable Land  Parts of the City contain old shafts, drifts and shallow coal workings and can be affected by subsidence.  In areas where there are old mine workings (broadly the west and south of the City) all new developments must be referred to the Coal Authority for a detailed examination of the need for structural precautions.  Instability can also arise in areas underlain by the magnesian limestone escarpment; its soluble carbonate geology can result in sink-holes leading to collapse and subsidence effects.  Coastal and riverbank erosion can also constrain development on adjacent land.

Contaminated Land  Past or present uses of land may potentially result in some degree of contamination of the ground below and around the site.  Such uses might include gasworks, heavy industry, hospitals and landfill sites.  Records of past use do not identify whether sites actually are contaminated or (if they were once contaminated) whether the contamination has been removed.  Those questions need to be addressed by site investigations to ascertain what, if any, constraints to development exist.

Completed landfill waste disposal sites pose a particular problem, since decomposing wastes can generate gas in sufficient quantities to require continuing surveillance and management to avoid potential problems to subsequent development or to nearby residents (see para. 9.49).

Gas emissions are considered unlikely from older sites, and little evidence has been forthcoming to indicate a gas problem in Sunderland of the magnitude indicated in other parts of the country.  Between 1970 and 1993, Sunderland's household waste was incinerated and, since the closure of the incinerator, is now landfilled outside the City boundaries.  Any new sites to be established in Sunderland can be designed to ventilate landfill gas (see M16).

Vacant land constitutes abandoned farmland, neglected wasteland, cleared or reclaimed sites awaiting development or areas of open space requiring enhancement.  Derelict land is defined as land so damaged by industrial or other development that it is incapable of beneficial use without treatment (MPG7 (1988), para. 113).

The PPG series includes detailed guidance on:

• unstable land (PPG14)
• coastal planning (PPG20)
• renewable energy (PPG22)
• the relationship between planning and pollution control (PPG23) and on
• the consideration of noise issues in land-use planning (PPG24).

This guidance has been taken into account in drafting the Environmental Protection policies.

Land-use planning alone cannot ensure a reduction in pollution but it can require, through its assessment of planning applications, that developments are located and designed to avoid creating problems needlessly.  Uses which may result in some degree of pollution (including noise and vibration) can be separated from those which require a clean and quiet environment.  Likewise, areas at risk from flooding, instability or other potential hazards associated with industrial plants can be avoided, or developments can be designed so as to mitigate the harmful effects of any accident or natural disaster.  The Plan sets out policies to guide the Council in its negotiations with developers on such matters.

Vacant and Derelict Land

Land left vacant, or in a derelict state as a result of past activities, represents an under-used resource.  Where such land can be put to beneficial use, it can ease the demands on other land, such as farmland; re-use also eliminates unsightly areas which detract from the City's appearance.  Re-use within the urban areas will also assist in achieving the spatial strategy, though the demand for building land must always be balanced with nature conservation interest and open space/recreational needs.  The Plan sets out priorities for dealing with dereliction in the City and controls the possibility of new dereliction arising.  Contamination may be a problem on some sites and there is a need to consider this at the planning stage, to assess the possible risks and the limitations these pose.

POLICIES

Strategic Guidance states that the revitalisation of the economy and regeneration of the urban areas should be the primary aims of the UDP; in pursuit of these, particular emphasis should be given to the improvement of the area's living, working and leisure environment.  Policy EN1 relates to those elements of the environment which can be controlled by the City Council as local planning authority or encouraged through its programmes of work and partnerships with other agencies.  Other aspects, such as the control of pollution through environmental protection legislation, may be dealt with by the Council under non-planning powers.  The general rule is that powers under one control regime cannot be used to achieve the objectives of another, but close co-ordination is often necessary where these powers overlap, especially in relation to pollution matters.

The Council is committed to various enhancement programmes including a substantial element of landscape/amenity improvements to untidy and unused land, environmental works to shopping and industrial areas and along major road corridors.  There still remain significant areas of vacant and derelict land awaiting reclamation and there is a noticeable lack of tree cover, particularly within the urban areas.  The Council's ongoing programme of derelict land reclamation (see EN15) and the Great North Forest (see CN15) a joint initiative of the Countryside and Forestry Commissions and five local authorities, will significantly assist in the improvement of the City's environment.

The City Council will implement this policy through its development control powers and its capital programme, using SRB, financial assistance from the Countryside Commission, English Heritage, English Nature, English Partnerships and other agencies, as appropriate.  The Council makes use of powers under Section 79 of the Building Act 1984 and Section 215 of the Town and Country Planning Act 1990 to secure the improvement of vacant sites and buildings.

Nationally, over 90% of energy comes from fossil fuels with less than 1% coming from renewable sources, although this figure is expected to increase significantly over the next two to three decades.  UDP policies on energy production aim to provide a framework for balancing the benefits of developments in this field against their possible environmental impact.  Taking into account Government guidance (PPG22), the major issues from a planning viewpoint relate to the balance to be struck between the economic benefits (and, in the case of renewables, global environmental benefits) of energy production and the impact on the local environment, notably on the landscape and local communities.

Policy EN2 relates to all sources of energy: conventional coal, oil or gas-fired power stations, nuclear power, and renewable sources such as wind power, solar power and bio-fuels (energy-from-waste and energy crops).  Parts of the City, particularly the higher ground in the south and west, have annual mean wind speeds high enough for commercial exploitation.  A four-turbine wind farm is in operation at Eppleton, near the site of the former colliery, and developer interest has also been expressed in a site at the South Docks.  Commercial interest in energy-from-waste may also be expected to develop, as it brings together concerns relating to the global environment (including energy efficiency and reduction of 'greenhouse' gas emissions) with current waste disposal issues (recycling and reduction of dependence on landfill).  Urban areas, in particular some of the older industrial areas, could be the most likely locations for such initiatives.

EN2(i) to EN2(iii) are to be interpreted in the light of more specific UDP policies relating to the countryside, nature conservation and traffic (see Chapter 11 and T14).  Cumulative impact arises in particular where there is inter-visibility of wind turbines, for example, giving a cluttered appearance to the landscape.  It could also arise where communities are exposed to the adverse environmental effects of more than one scheme, e.g. traffic, noise, etc., and odours in the case of energy-from-waste.  Where satisfactory arrangements are not made to meet the requirements of EN2, planning permission will normally be refused.  Exceptions will only be considered where there are benefits to be gained as identified in Policy EN3.

Wind turbines can have particular environmental effects resulting from their height and motion.  'Electromagnetic interference' is the interference which may be caused to radio and television signals by structures placed in the 'line of sight'; 'shadow flicker' is the flickering shadow cast inside nearby buildings by the rotating blades, whilst 'reflective effects' are the visual effects caused by sunlight reflecting from the blades.  In most cases, applications for the production of energy will be accompanied by an environmental statement, indicating how these matters can be mitigated.

Policy EN3 adds further criteria to be taken into account when considering renewable energy schemes.  Because of their innovative character and potential contribution to reducing atmospheric pollution, such schemes may offer economic or environmental benefits to offset any negative impact.  (An example of an economic benefit could be employment generated locally in research and development.)  However, the scale of energy output should be sufficient to justify the acceptability of negative effects.

Environmental health legislation provides powers to tackle existing noise problems but the planning system allows the Council to consider potential problems before development is committed.  In accordance with Government guidance (PPG24), UDP policies on noise and vibration aim to ensure that likely problems are investigated before a development is undertaken and that any necessary mitigation measures are incorporated into its design.

Housing, hospitals and schools should generally be regarded as noise-sensitive development.  In residential areas, gardens can be as important to protect from noise as rooms within a dwelling.  The City Council also considers that, in some circumstances, recreational and some B1 uses (offices, research and development) could also be 'noise-sensitive' for the purposes of Policies EN5 and EN6, at least in terms of daytime activity.  Noise-sensitive development will not normally be permitted in locations where high levels of noise will continue throughout the night, especially, in the cases of housing and hospitals, during the hours when people are usually sleeping (23.00 to 07.00).

Wherever practicable, noise-sensitive developments should be separated from major sources of noise; equally, new development involving noisy activities should be sited away from noise-sensitive uses.  Where such separation is not possible, control or reduction of noise, or mitigation of its impact, will be considered through the use of conditions or planning obligations.

Government guidance advises the use of Noise Exposure Categories (NEC’s) for assessing residential development proposals near transport-related noise sources, with a recommended range of noise levels for each category (PPG24, Annex 1).  In cases of sizeable sites occupied by offices, hospitals or schools it will be more appropriate to refer to specific guidance on internal noise standards in respect of each such activity.  Industrial noise sources may necessitate a specific assessment.  Where a new source of noise is proposed in a noise-sensitive area, it may be appropriate to seek an environmental assessment, which would include consideration of noise contours and their impacts.

The City Council's Director of Health and Housing will advise on potential problems in relation to any likely noise/vibration effects.  The applicant will be expected to carry out the full assessment, incorporating any suitable mitigation measures found necessary.  These could range from sound-proofing (by physical means or by layout) to vibration pads or to controls on days and hours of operation.  The City Council will also assess an application's noise impact in relation to the Government's Noise Exposure Categories.

It is necessary to bear in mind that a subsequent intensification or change of use can result in greater intrusion; this possibility will need to be taken into account when assessing the noise/vibration implications of a proposal.  For example, launderettes and similar uses involving machinery create vibration effects which can increase over time if additional or more powerful equipment is installed.  Similarly, Use Class A3 includes restaurants but also fast food shops and public houses, which may generate more noise, including noise from traffic and car parking and customers congregating in the vicinity.

Likewise, in assessing the impact of transport-related noise, account should be taken of forecast traffic levels on major new or improved roads and any proposals for significant operational changes on railways.  As well as being noisy, trains can cause significant ground-borne vibration and this can also be material to a planning decision.  The British Standards Institution has published advice on acceptable levels of vibration (BS6472 : 1992).

Exceptions to Policies EN5 and EN6 will be considered only where significant employment or urban regeneration benefits are offered to offset any detrimental effects on amenity, though such exceptions can only be contemplated where the development has achieved the maximum achievable mitigating measures.

The Health and Safety Executive (HSE) defines consultation zones around hazardous installations and the City Council is required to consult the HSE on certain proposals for development within such zones.  The area within which consultation is necessary depends on the nature of the installation, topography and other local circumstances.  New development which would be likely to increase materially the number of people present (living, working or visiting) within a consultation zone will usually be subject to careful scrutiny by the HSE. The Council will be guided by HSE advice in determining whether a proposed development may proceed as submitted or whether protection measures could overcome any safety objections.

Established industries can sometimes be a potential source of nuisance but are also of economic benefit to the City.  This needs to be borne in mind when considering proposals for housing, shopping, community facilities and other sensitive uses if these are to be close enough to industrial or similar ‘bad neighbour’ uses for complaints to arise.  For example, Northumbrian Water recommends a half mile separation between any new developments and its existing large sewage works which have sludge treatment facilities on site.  The Council will consult the pollution control authority and other appropriate agencies for specialist advice.  Where the potential for nuisance exists and cannot be overcome by design measures in the proposed development (such as sound-proofing, screening, etc.), it may be appropriate to reject the proposal.  In regard to uses causing noise nuisance, the provisions of Policy EN6 will also apply.

In many parts of the City it is considered that the existing land use pattern is satisfactory, unlikely to be the subject of major development pressure, and therefore should be maintained.  It is not possible to predict all likely development demands.  Consequently where land is not identified for any particular purpose, development is required to be in accord with the strategic and City-wide policies and compatible with the principal land use of the surrounding area, e.g. residential, industry, agriculture.  It should be noted that, in relation to residential areas, the Business Use Class B1 covers office, laboratory and industrial uses which can be carried out in a residential area without detriment to amenity.  It will not always be appropriate to prevent such uses - especially on a small scale - from operating within the residential communities for which they are a source of employment and services.  This will be taken into account in applying this Policy.

Where conflicting uses already exist, the Council will use its powers to try to ensure that the environmental problems are not exacerbated; where possible it will try to improve the situation.  Where proposals are made for establishing or extending uses that could be detrimental to the local environment, consideration will be given to the detrimental/detractive effects on other uses in the vicinity.  Exceptions to the Policy will only be allowed where the expansion of a non-conforming use on its existing site is considered to be the only practical means of retaining local employment or other opportunities and mitigating measures can be instigated which minimise its impact.

These Policies seek to ensure that new development is neither itself at risk from flooding nor likely to increase the risk of flooding elsewhere.  The City is largely well above sea level, with only small parts liable to flooding - mainly along the courses of the Herrington and Moors Burns.  Areas known to be at risk from flooding are shown on the Proposals Map; these will be up-dated as necessary from re-survey work undertaken by the Environment Agency.  Policy EN12 also seeks to protect water supplies against pollution.  Much of the City is underlain by limestone strata which act as an aquifer from which water for public consumption is abstracted, in particular from the Fulwell Quarry/ Downhill and Houghton escarpments.  Hence consideration of the implications of development for the quality of underground as well as surface watercourses is important.

Because powers under other legislation are limited, the Government looks to local authorities to use their planning powers to guide development away from areas that may be affected by flooding (DoE Circular 30/92; PPG20).  It also requires restrictions on development that would itself increase the risk of flooding or would interfere in the ability of the Environment Agency or other bodies to carry out flood control works/ maintenance.  Uncontrolled works in the vicinity of watercourses may lead to problems such as an increased risk of flooding, erosion of the beds and banks of watercourses, waterbodies and the coast; increased danger to the public; restricted access for maintenance; and damage to the water environment and the associated river corridor.  There is also a need to consider the potential risk of pollution associated with the flooding of sites containing toxic/harmful materials which could leach out (see EN14).  This can be quite prevalent in urbanised areas of the coalfield.

Because impermeable surfaces such as paved areas and buildings reduce the ground area capable of absorbing rainfall, new development may increase the quantity of and the rate at which run-off reaches watercourses, increasing the risk of flooding in some localities.  Proposals for land-raising will be subject to particular scrutiny where they are located on a flood plain because they may reduce the latter's capacity, increasing the flood risk elsewhere.

Developers should be made aware (in pre-application discussions) of the risks of flooding or to water resources in a specific area, the consequent constraints on development, and any ways in which these can be overcome.  The Council will be guided in these matters by the advice of the Environment Agency.

The City's 10km of coastline varies significantly in character and can be separated into three distinct areas.  The north coast is a focus for tourist activity and contains the resorts of Roker and Seaburn with their attractive sandy beaches.  South of the river mouth are two different types of coastline; the South Docks form a developed industrial area extending as far as Hendon; beyond this, adjacent to Grangetown/ Ryhope, the coast comprises rocky cliffs, up to 20 metres high with shingle beaches, and, nearer Hendon, a rather degraded hinterland east of the railway. Due to their friable geology, the cliffs suffer from erosion by the sea, whilst the attraction of the beaches is somewhat diminished, at present, by sewage and effluent and the lack of convenient access.

Local planning authorities are requested by the Government (PPG20) to define a coastal zone, within which restrictive policies will apply so as to protect the coastline's amenity and to avoid expensive protection works.  This coastal zone is defined in the area proposals for Sunderland North and Sunderland South, where greater amplification is given to this Policy (see SA33, NA26).

Development plan policies should normally not provide for development in the coastal zone which does not require a coastal location.  Where new development is necessary, the developed parts of the coast will usually provide the best option, i.e. north of the mouth of the Wear, if the use can appropriately be associated with policies for the Roker/Seaburn seafront, or south of the river mouth, if related to Port activities.

Erosion by the sea and consequent land instability represent a significant constraint to development on some stretches of coast.  The City Council is lead authority for the preparation of a Shoreline Management Plan for the section of coastline between the River Tyne and Seaham.  This will act as supplementary guidance, identifying those stretches of coast where sea defence works are appropriate to protect existing or proposed capital investments inland, and those where erosion could be accepted; the latter is likely to appertain to that part south of Grangetown.

Difficulties can be experienced in developing land in areas where past or present mining and quarrying has resulted in the land becoming unstable or potentially unstable.  As a general rule, investigations will have to be carried out by prospective developers on sites within 250m of known quarries and tipped areas.  Similar hazards may also arise within the soluble carbonate area of the magnesian limestone escarpment by reason of the formation of a variety of swallow holes.  Other areas which are potentially unstable, through landslips, include the southern coastline and parts of the riverside.

As explained previously (see para. 9.9), past uses may have resulted in contamination of land which constrains its re-use.  Wind and rain can also cause contaminants to be deposited on or under adjoining land.  Where there are cases of high contamination and the end uses are of a sensitive/social nature, e.g. housing or schools, the Council will reserve the right to refuse the application if it is not satisfied that the risks arising from contamination can be eliminated.

Closed landfill sites can generate gas which may pose a risk to development either above the site or on adjoining land as a result of seepage.  Whilst this is not thought likely to be a major problem in Sunderland, consultation with the Environment Agency will help to identify sites potentially at risk.

The re-use of contaminated land can contribute towards urban regeneration, reducing the need to use new sites outside the built-up area.  The City Council will encourage the treatment of contaminated land, including the use of Land Reclamation Programme funding from English Partnerships, to enable it to be re-used or permanently landscaped (See EN15).

The responsibility for determining whether or not the ground conditions are suitable for a particular purpose, i.e. free from actual or potential problems of instability; contamination or migrating contaminants; or migrating landfill gas or mine gas; and that all necessary structural or other remedial measures are carried out rests primarily with the developer and/or the landowner, and not with the City Council.  The developer will be required to undertake any necessary remedial work as a condition of obtaining planning permission.  However, the Council is responsible for identifying individual contaminated sites, controlling closed landfill sites, and maintaining records of actions taken to remedy previous land contamination.

Although no comprehensive record exists, the Council as local planning authority keeps some records of contaminated land which are up-dated as new information becomes available.  Records of abandoned mines are held by the Coal Authority; the Environment Agency maintains records of closed landfill sites which have been subject to licensing requirements.  The Council will consult with these and other bodies as necessary.

Despite recent efforts, the City continues to suffer from dereliction, the remaining large sites being mainly former collieries, located principally in the outer coalfield settlements.  The Council seeks the elimination of all dereliction in both town and country over the Plan period; its priorities for tackling this problem are listed above.  There is no significance to the order in which these appear, though where a site is of serious concern to public health, then action will be a very high priority.  Reclamation for a range of uses, taking account of the scale and distribution of Sunderland's derelict sites, will bring about a significant improvement to the City and will play a major part in its economic and environmental regeneration.  The range of major sites is such that their reclamation would accord with one or more of the Policy's priorities.

The programme and priority of Council reclamation works is determined annually.  Where applications for reclamation and after-use are made by the private sector, the extent to which they achieve one or more of the Policy's priorities will be offset against any temporary detrimental effects on the locality.

Whereas Government policy has since the early 1980's given priority to the reclamation of sites in urban areas for 'hard' end-uses such as housing and industry, more recent guidance introduced a greater degree of flexibility (DLGA1 (Derelict Land Grant Policy), paras. 11 and 12).  Locally developed reclamation strategies are favoured, enabling the worst dereliction to be treated first, wherever it is found, and for it to be reclaimed for the most appropriate end-use.  The new priorities will allow a greater level of grant support to be obtained for schemes intended to improve the environment.  'Soft' end-uses such as nature conservation, sport and recreation will be encouraged.  More generous support for tree-planting will be possible, especially that contributing to the establishment of the Great North Forest.  Parts of some sites may be left untreated if the nature conservation interest of the land in its unreclaimed state so warrants, and it does not cause a safety hazard.  Sites will be evaluated for their nature conservation interest before reclamation proposals are drawn up and, where appropriate, precautions to protect important habitats will be included in the proposals.  Important habitats which would be lost or damaged as a result of reclamation works should be fully compensated for by new habitat creation, preferably within the immediate vicinity (see CN18).

Some forms of development may be expected to result eventually in a derelict/vacant site requiring reclamation and possibly aftercare, e.g. chemical works and sewage treatment works.  Other forms of development, such as mineral extraction and waste disposal, have a finite life-span which can often be predicted.  In approving such forms of development, the Council will seek to ensure that appropriate provision is made for restoration of the site to a suitable after-use.  For example, a developer may be asked to set aside a sum of money as a bond to secure future reclamation works.  Use will be made of planning conditions or planning obligations under section 106 as appropriate to ensure that suitable arrangements are in place.  Where parts of a site will become available for reclamation before others (e.g. where part of a mineral extraction site is worked out but extraction continues in another part) it may be practical to phase reclamation works to commence before the overall operations cease (see MPG7 (1988), figure 1).

Closed landfill sites may require after-care in the form of pollution monitoring and environmental control.  Planning legislation will assist waste management legislation in ensuring that operators leave sites in a safe and tidy condition before they are put to a new use.  Public health and water resources legislation may also apply in some circumstances to control the level of site restoration and aftercare.