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Chapter 11
Pollution, Hazards and Contaminated Land
Introduction
11.1 A key priority of the Community Plan is to reduce noise pollution and improve the quality of air, land and water. This reflects both the legacy of past industries (in particular the legacy of salt mining and of the chemical industry) and the fact that certain types of development have the potential to cause pollution unless rigorously controlled. Pollution and perceptions about it affect quality of life and can be a major factor in investment decisions and thereby affect an area's prosperity.
11.2 In certain parts of Vale Royal, the presence of statutorily recognised hazardous installations introduces particular problems. These plants and their future development are important sources of local employment, but their very existence can have a blighting effect on certain kinds of development in the vicinity. Other parts of Vale Royal are important for natural resources and require protection.
11.3 An extensive legacy of historic land uses introduces challenges for environmental improvement and regeneration. The Local Plan encourages the development of "brownfield" sites but will ensure that proposals provide for appropriate site investigation and require remediation measures where necessary. The Council is responsible for air quality management and has a contaminated land inspection strategy. Overall the policies in this section address the assessment of different types of pollution; protect key natural resources and both safeguard and provide for improvement of the wider environment, human health and the quality of life.
AIR POLLUTION Policy P1 NEW DEVELOPMENT WHICH HAS THE POTENTIAL TO ADVERSELY IMPACT ON AIR QUALITY, PARTICULARLY WHERE EMISSIONS TO AIR COULD GIVE RISE TO, OR CONTRIBUTE TO, A BREACH OF NATIONAL AIR QUALITY STANDARDS AND OBJECTIVES, WILL NOT BE ALLOWED. DEVELOPMENTS WHICH ARE POTENTIALLY POLLUTING SHOULD BE ACCOMPANIED BY A DETAILED AIR QUALITY ASSESSMENT. THIS INCLUDES DIRECTLY POLLUTING ACTIVITIES AS WELL AS ANY DEVELOPMENT THAT MAY GIVE RISE TO POLLUTION THROUGH TRAFFIC GENERATION. |
Reasons and Explanations
(i) To protect public health, the environment and to safeguard amenity.
(ii) Air pollution can damage both the natural and built environment in addition to its potentially harmful effects on local residents. Whilst controls on air quality lie outside the scope of land use planning, the Local Plan can make a contribution towards reducing pollution by preventing development likely to increase unacceptable emissions into the air and in its approach to the integration of land use and transportation in minimising unnecessary road vehicle use.
(iii) In determining the acceptability of a proposed development the Borough Council will have regard to current legal standards and guidance in particular PPS23 "Planning and Pollution Control" and PPG24 "Planning and Noise". Where these are not available, account will be taken of relevant public health and environmental criteria, local circumstances and the level by which the emitted pollution exceeds normal background levels.
Policy Derivation
"Planning and Pollution Control"
PPG24 - "Planning and Noise"
Cheshire (2016) Structure Plan Alteration Policy GEN7
NEW DEVELOPMENT WHICH IS SENSITIVE TO AIR POLLUTION Policy P2 NEW DEVELOPMENT WHICH IS SENSITIVE TO AIR POLLUTION WILL NOT BE PERMITTED IN AREAS WHERE THE EXISTING LEVELS OF POLLUTANTS EXCEED THE NATIONAL AIR QUALITY STANDARDS AND OBJECTIVES OR HAVE THE POTENTIAL TO CAUSE UNACCEPTABLE NUISANCE TO THE PROPOSED OCCUPIERS. |
Reasons and Explanations
(i) To prevent creation of situations where uses which are incompatible are located close together and to avoid uses which are not appropriate to environmentally sensitive areas.
(ii) The Borough Council will have regard to current environmental standards, guidelines and advice to assess the effect on development such as contained in PPS23 "Planning and Pollution Control".
Policy Derivation
PPS23 "Planning and Pollution Control"
Cheshire (2016) Structure Plan Alteration Policy GEN7
NOISE POLLUTION Policy P3 THE COUNCIL WILL NOT PERMIT DEVELOPMENT: (i) WHICH WILL CAUSE AN UNACCEPTABLE INCREASE IN THE BACKGROUND NOISE LEVEL FOR THE AREA. (ii) WHICH IS SENSITIVE TO NOISE AND WHICH IS PROPOSED NEAR TO EXISTING RAILWAYS OR NEW ROADS FORMING PART OF THE PRIMARY ROUTE NETWORK OR OTHER EXISTING SOURCES OF SIGNIFICANT NOISE UNLESS THE DEVELOPER IS ABLE TO DEMONSTRATE THAT PLANNING OBLIGATIONS AND CONDITIONS RELATING TO NOISE ATTENUATION AND NOISE INSULATION WILL MITIGATE THE EFFECTS OF NOISE. DEVELOPERS WILL BE EXPECTED TO PROVIDE INFORMATION ON NOISE LEVELS WHERE A SENSITIVE DEVELOPMENT IS LOCATED NEAR AN EXISTING OR POTENTIAL NOISE SOURCE. THIS WILL INCLUDE A NOISE ASSESSMENT. |
Reasons and Explanations
(i) Nuisance from noise in all its forms is the most common source of complaint, particularly road traffic noise from major roads or where noisy industrial uses are located near housing. Railway noise complaints are received, but to a lesser extent.
(ii) This policy is intended to avoid the creation of new noise by controlling the amount of noise arising from a new noise source and making sure that new noise sensitive developments such as housing, hospitals and schools are not located near existing noise sources or where such developments are allowed that any mitigation measures required are put in place as part of the development.
(iii) For housing development near roads and railways, the Council may require mitigation measures between the edge of the carriageway or railway line and dwellings in order to reduce vibration and noise problems.
(iv) In determining whether a proposed noisy development is acceptable, the Borough Council will have regard to "Planning Noise Guidelines" (CCC), and PPG24 "Planning and Noise" and any other relevant legal standards or guidance.
(v) Under normal circumstances developers will be expected to provide the noise assessment with the application.
Policy Derivation
PPG24 "Planning and Noise"
Cheshire (2016) Structure Plan Alteration Policy GEN7
Planning Noise Guidelines Cheshire County Council
LIGHT POLLUTION Policy P4 WHERE A DEVELOPMENT REQUIRES THE PROVISION OF EXTERNAL LIGHTING, DETAILS OF THE SCHEME SHOULD BE SUBMITTED AS PART OF THE PLANNING APPLICATION. THERE WILL ALSO BE A REQUIREMENT TO DEMONSTRATE TO THE COUNCIL THAT THE SCHEME PROPOSED IS THE MINIMUM NEEDED FOR SECURITY AND WORKING PURPOSES AND THAT IT MINIMISES POTENTIAL POLLUTION FROM GLARE AND SPILLAGE PARTICULARLY TO: (i) RESIDENTIAL AND COMMERCIAL AREAS; (ii) AREAS OF NATURE CONSERVATION INTEREST; (iii) AREAS OF SPECIAL COUNTY VALUE AND AREAS OF SIGNIFICANT LOCAL ENVIRONMENTAL VALUE AND OTHER OPEN AREAS; (iv) TO DRIVERS USING NEARBY HIGHWAYS. |
Reasons and Explanations
(i) Outdoor lighting can cause intensive and unnecessary pollution of the countryside. Poorly designed or badly aimed lights are responsible for 'sky glow' and can affect the amenity of surrounding areas.
(ii) Applicants will need to demonstrate that lighting is needed in the interests of public safety, for security reasons or is an essential requirement of the use proposed.
(iii) Carefully designed lighting can enhance the appearance of some buildings. The internal lighting of premises in town centres can promote vitality and viability especially in the evening by encouraging window shopping.
(iv) Other relevant policies include RT1, RT16 and STC7.
Policy Derivation
PPS6 "Planning for Town Centres"
PPG17 "Planning for Open Space, Sport and Recreation"
GROUNDWATER Policy P5 DEVELOPMENTS WILL NOT BE ALLOWED WHICH POSE AN UNACCEPTABLE RISK TO GROUNDWATER RESOURCES IN TERMS OF THEIR QUANTITY, QUALITY OR THE ECOLOGICAL FEATURES THEY SUPPORT. |
Reasons and Explanations
(i) Groundwater resources are a vital source of water for public supply, industry and agriculture, as well as sustaining the base flows of rivers. Planning Policy Guidance Note 12: Development Plans (Dec 1999) acknowledges the importance of protecting this resource.
(ii) The Borough contains a number of areas designated as Source Protection Zones. These include public water boreholes at Eddisbury, Organsdale, Delamere, Five Crosses, Foxhill, Helsby, Newton Hollow, Manley Quarry, Eaton, Sandyford and Cotebrook. There is also the Nitrate Vulnerable Zone in the Delamere-Willington-Utkinton region as designated by DEFRA. The Source Protection Zone 1 designation, as defined in the Environment Agency's Policy and Practice for the Protection of Groundwater, means that certain developments are unlikely to be acceptable.
(iii) With regard to ecological impacts on groundwater - see policy NE2.
Policy Derivation
PPG12 "Development Plans"
National Rivers Authority Guidance Notes for Development Plans
PPS23 "Planning and Pollution Control"
Cheshire (2016) Structure Plan Alteration Policy GEN7
HAZARDOUS INSTALLATIONS Policy P6 DEVELOPMENT WHICH MAY BE POTENTIALLY HAZARDOUS TO LIFE OR HEALTH WILL NOT BE ALLOWED IF IT: (i) INCREASES THE RISK TO HUMAN HEALTH TO AN UNACCEPTABLE LEVEL; (ii) INVOLVES MORE OF THE PUBLIC BEING EXPOSED TO AN UNACCEPTABLE LEVEL OF RISK. (iii) WOULD RESTRICT THE TYPE OF DEVELOPMENT WHICH COULD TAKE PLACE ON SURROUNDING LAND/PROPERTY FOLLOWING ENVIRONMENTAL RISK ASSESSMENT REQUIREMENTS. |
Reasons and Explanations
(i) To avoid increasing the risks to human life and health to an unacceptable level and to protect the environment.
(ii) The advice of the Health and Safety Executive and the Environment Agency will be sought on such planning applications where appropriate.
(iii) Where the proposed hazardous development is likely to affect the public in an adjacent district or where it is likely to affect a County Council establishment, the appropriate Borough Council and County Council will be consulted.
Policy Derivation
Cheshire (2016) Structure Plan Alteration Policy GEN7
DEVELOPMENT OF A NON-HAZARDOUS NATURE IN THE VICINITY OF NON-HAZARDOUS INSTALATIONS Policy P7 DEVELOPMENT OF A NON-HAZARDOUS NATURE IN THE VICINITY OF HAZARDOUS INSTALLATIONS WILL NOT BE ALLOWED IF IT WOULD INVOLVE MORE OF THE PUBLIC BEING EXPOSED TO AN UNACCEPTABLE LEVEL OF RISK IN EITHER: (i) AREAS ALREADY SUBJECT TO SIGNIFICANT RISK LEVELS; OR (ii) AREAS WHERE IT IS KNOWN THAT FUTURE RISK LEVELS ARE CERTAIN TO INCREASE AS A RESULT OF HAZARDOUS DEVELOPMENT. |
Reasons and Explanations
(i) To avoid increasing the risk to life and health to an unacceptable level.
(ii) The advice of the Health and Safety Executive and the Environment Agency will be sought on applications which are located within prescribed consultation distances of hazardous developments which include high pressure pipelines.
(iii) In determining the acceptability of a proposed development the Borough Council will have regard to the current legislation, standards and guidance available including: The Control of Major Accident Hazards Regulations 1984, the Housing and Planning Act 1986, the Planning (Hazardous Substances) Act 1990 and DoE Circular 11/92 "Planning Controls for Hazardous Substances". The Council will also require the submission of an overall risk assessment in considering development proposals within a designated hazard site.
Policy Derivation
Cheshire (2016) Structure Plan Alteration Policy GEN7
CONTAMINATED AND DERELICT LAND Policy P8 BEFORE DETERMINING PLANNING APPLICATIONS FOR SITES WHICH ARE KNOWN OR STRONGLY SUSPECTED TO BE ADVERSELY AFFECTED BY CONTAMINATION (INCLUDING BY LANDFILL GAS) OR TO BE SOURCES OF CONTAMINATION, THE BOROUGH COUNCIL WILL REQUIRE THE DEVELOPER TO CARRY OUT A SITE INVESTIGATION WHERE APPROPRIATE TO: (i) ASSESS THE NATURE, EXTENT AND SIGNIFICANCE OF THE CONTAMINATION; AND (ii) IDENTIFY SPECIFIC REMEDIAL MEASURES TO DEAL WITH ANY HAZARD, TO SAFEGUARD FUTURE DEVELOPMENT, NEIGHBOURING USES AND OTHER SENSITIVE RECEPTORS. PLANNING PERMISSION WILL ONLY BE GRANTED ON SUCH SITES PROVIDED THAT ALL OTHER RELEVANT POLICIES OF THE LOCAL PLAN ARE SATISFIED AND THAT ANY SPECIFIC REMEDIAL MEASURES REQUIRED TO DEAL WITH HAZARDS ARE INCORPORATED WITHIN THE DEVELOPMENT, SUBJECT TO THE SATISFACTION OF THE BOROUGH COUNCIL WHO WILL ATTACH CONDITIONS TO THIS EFFECT. |
Reasons and Explanations
(i) To protect public health, the environment and property. This policy applies to sites including former landfills or developments proposed within 250m of current and former landfills. It will also apply to development adjacent to other contaminated sites were there is a significant chance that contamination may have migrated.
(ii) In appropriate cases the advice of Vale Royal's Environmental Protection Service, consultants, the Health and Safety Executive, Environment Agency etc., will be sought when considering the acceptability of development proposals.
(iii) To reflect the advice contained in Planning Policy Statement 23 "Planning and Pollution Control" which clearly places the responsibility of assessing whether a site is contaminated upon the developer.
(iv) The Council will have regard to existing sources of information including the work done to update and supplement Cheshire County Council's "Potentially Contaminated Land Survey" 1987 and the National Land Use Database and will provide information and advice to developers.
(v) Under the "suitable for use" approach, risks should be assessed, and remediation requirements set, on the basis of both the current use and circumstances of the land and its proposed new use (DETR Circular 02/2000)
Policy Derivation
DOE Circular 21/87 "Development of Contaminated Land"
National Rivers Authority Guidance Notes for Development Plans
PPS23 "Planning and Pollution Control"
DETR Circular 02/2000 "Contaminated Land"
AERODROME SAFEGUARDING - LIVERPOOL JOHN LENNON AIRPORT Policy P9 OFFICIALLY SAFEGUARDED AREAS HAVE BEEN ESTABLISHED FOR LIVERPOOL JOHN LENNON AIRPORT. THE OUTER LIMITS OF THESE ARE SHOWN ON THE PROPOSALS MAP. WITHIN THESE AREAS CERTAIN PLANNING APPLICATIONS WILL BE THE SUBJECT OF CONSULTATION WITH THE AERODROME OPERATOR. |
Reasons and Explanations
(i) Liverpool John Lennon Airport is officially safeguarded to ensure that its operation and development is not inhibited by new development. Within the safeguarded areas there may be restrictions on the height or design of buildings or on development which may create a bird hazard. The designation of safeguarded areas is neither the responsibility nor the proposal of the Borough Council.
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