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CHAPTER 5: Environmental Protection
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5.1
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Introduction
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| 5.1.1 |
Inefficient use and pollution of natural resources can threaten
the health, safety and quality of life of human beings and harm the environment,
both locally and globally, in ways that are sometimes irreversible. A large
amount of money can also be wasted, due to loss of resources and the cost
of removing pollutants from water, land and air. Environmental legislation
helps to control activities which cause direct and substantial harm to the
environment and human beings, but the planning system also has a major part
to play, through preventing pollution, promoting effective and natural water
drainage systems, minimising waste production, ensuring land is used efficiently
and promoting energy conservation. |
| 5.1.2 |
As part of the creation of a Green City, the Wolverhampton
Partnership Community Plan (2002-2012) aims to: |
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- Increase awareness of and respect for the environment;
- Increase recycling of household waste;
- Convert non-recyclable waste into energy by incineration and use the
ash residue for road building.
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5.2
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Pollution Control
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| Policy EP1: Pollution Control (Part
I) |
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| Development which may result in
pollution of air, ground or water or pollution through noise,
smell, dust, vibration, light, heat or radiation will only be
permitted where it can be shown that there would be no material
adverse impact on: |
- The immediate, medium or long term health, safety or
amenity of users of the land or surrounding areas; or
- Quality and enjoyment of the environment.
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| Where appropriate, conditions
or planning obligations will be used to reduce such impacts
to acceptable levels. |
| Pollution sensitive developments
will not be permitted where users of the land may be subject
to the adverse impacts of existing or proposed potentially polluting
uses, unless conditions or planning obligations can be used
to reduce such impacts to acceptable levels. |
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| 5.2.1 |
Pollution is caused by the release of damaging substances
into the air, ground or water or by excessive noise, smell, dust, vibration,
light, heat or radiation. A key objective of the Plan is to minimise the
effects of pollution in order to protect the health, safety and amenity
of local people and safeguard the natural environment. Pollution control
legislation, enforced by the Environment Agency and Council Environmental
Health Officers, is in place to control activities which may cause direct
and substantial harm to people and the environment. In addition to these
statutory controls, Planning Policy Guidance 23 (PPG23) on Planning and
Pollution Control (1994), PPG24 on Planning and Noise (1994) and Circular
02/2000: Contaminated Land provide guidance on how the effects of pollution
can be minimised through controls on the use of land. |
| 5.2.2 |
In recent years, a significant amount of new development
has taken place on former employment sites. Development of this type helps
to make efficient use of land and will continue over the Plan period. However,
it is inappropriate to site pollution sensitive developments, such as housing,
schools, hospitals and some high technology industries, where they may be
adversely affected by existing or proposed polluting uses. Such siting could
also place constraints upon the legitimate activities of established employment
uses and put their future viability in doubt. Similarly, uses with the potential
to cause pollution should not be sited where they would adversely effect
the health, safety or amenity of existing and future occupiers of the site
and surrounding areas, or the local environment, unless these effects can
be successfully managed through legal agreements or planning conditions.
Where conditions are imposed to control pollution, the preference will be
to attach them to structures rather than operations, to aid enforcement. |
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| 5.2.3 |
With respect to the storage
of oil on a site, all oil storage (over 200 litres) will also need to comply
with the Control of Pollution (Oil Storage)(England) Regulations 2001.
(1) |
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5.3
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Environmental Impact Assessments
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| Policy EP2: Environmental
Impact Assessments |
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| The submission of an environmental
statement to accompany a development proposal may be required,
subject to the provisions of the Town and Country Planning (Environmental
Impact Assessments) Regulations 1999. |
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| 5.3.1 |
Where a development proposal may have a significant impact
on the environment by virtue of its nature, size or location, an Environmental
Impact Assessment (EIA) will be required. The Environmental Impact Assessment
Regulations (1999) specify that an EIA will usually be required for: |
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- major development of more than local importance;
- development in particularly environmentally sensitive locations (such
as a Site of Importance for Nature Conservation);
- development with unusual, complex and potentially hazardous environmental
effects (such as a heavily contaminated site).
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| 5.3.2 |
Where an EIA is required, the developer must compile detailed
information about the likely main environmental effects of the proposed
development and publish this as an Environmental Statement. The Regulations
allow developers to obtain a formal opinion from the Council on what should
be included in the Environmental Statement. This Statement, together with
any other information, comments and representations made on it, will be
taken into account during the consideration of the planning application. |
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5.4
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Air Pollution
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| Policy EP3: Air Pollution
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| Development which is likely
to hinder the achievement of the Council's air quality objectives
will not be permitted unless such effects are mitigated to the
satisfaction of the Council, through the use of planning obligations
and conditions, where appropriate. |
| Development proposals which
may affect an Air Quality Management Area should clearly demonstrate
how they will contribute towards the achievement of air quality
objectives for that area. |
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| 5.4.1 |
Air pollution can be damaging to human health and well-being,
wildlife and the fabric of buildings and has knock-on effects on soil and
water quality. Certain types of air pollution also contribute towards global
warming, which is causing major changes in climate around the world. Emissions
from road transport and industry are the major causes of air pollution in
Wolverhampton. Emissions from some industries are controlled by the Council
and the Environment Agency through environmental protection legislation. |
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| 5.4.2 |
The 2000 National Air Quality Strategy sets out Government's
objectives for concentrations of a wide range of pollutants, below which
there are no significant risks to human health. The Strategy sets target
dates for achievement of these objectives, depending on the pollutant. In
response, the Council has a duty to evaluate local air quality across Wolverhampton,
predict pollutant levels against these targets and declare Air Quality Management
Areas (AQMA's) in locations where the public will be exposed to air quality
that is predicted to fall below national standards. For each AQMA identified,
the Council must produce an Action Plan to bring air quality up to acceptable
standards. The Council's first review and assessment of air quality was
completed in 2000 and concluded that air quality objectives for some pollutants
are being met and that others would be met by 2005. However, the Government
has proposed a number of changes that may have an impact on whether the
Council will need to declare AQMA's, notably changes to targets for particles
and changes to vehicle emission factors. |
| 5.4.3 |
Land use planning has an important role to play in the Council's
strategy to achieve air quality objectives. Developments can produce air
pollutants either by direct emissions e.g. by certain industrial processes,
during construction / demolition, or indirectly, via changes in traffic
flows. The Council will seek to ensure that new development does not result
in a significant increase in production of air pollutants and that opportunities
are taken to improve air quality, where possible. The impact of air pollutants
is material to the consideration of planning applications. A detailed air
quality assessment should be produced where a proposed development may have
a significant adverse effect on air quality, particularly if an AQMA will
be affected. This consideration will take into account the results of any
Transport Assessment required under Policy AM1. In some cases, an Environmental
Impact Assessment may be required (see Policy EP2). Lower concentrations
of air pollutants, which do not prejudice air quality objectives but may
nevertheless have an adverse affect on people's quality of life and the
environment, should also be appropriately mitigated (see EP1). |
| 5.4.4 |
In some cases, impacts on air quality can be successfully
mitigated through measures such as Green Travel Plans (see Policy AM2),
contributions to improve public transport and separating polluting uses
from residential areas. A key objective of the UDP is to guide development
to locations which will minimise the number of car journeys generated, and
this is reflected in policies throughout the Plan. Areas of woodland also
play an important role by absorbing air pollutants (see Policy N7). Further
guidance is provided in "Air Quality and Land Use Planning" (DETR) and "Air
Quality and Land Use Planning - Good Practice Guide" (RTPI). |
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5.5
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Light Pollution
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| Policy EP4: Light Pollution |
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| Development proposals which
include external lighting should: |
- demonstrate that the use and design of the lighting scheme
is the minimum required to undertake the task;
- minimise light spillage; and
- where appropriate (19),
include measures to adequately screen neighbouring areas
from the glare produced by lighting installations, particularly
residential and commercial areas, areas of nature conservation
interest and areas whose open landscape qualities would
be affected.
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| 5.5.1 |
Night time lighting is necessary for convenience, safety
and personal security reasons and can also be used to enhance the appearance
of buildings and contribute towards a vibrant night time economy in town
centres. However, poorly located or designed lighting can cause nuisance
to nearby residents, detract from the character of townscapes and landscapes
and waste energy. |
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5.6
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Noise Pollution
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| Policy EP5: Noise Pollution |
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| Developments which are
likely to give rise to unacceptable levels of noise pollution
will not be permitted, unless measures can be taken to reduce
noise emissions or intrusion to acceptable levels. Such measures
will be secured through the use of conditions or planning obligations,
where appropriate. |
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| 5.6.1 |
Noise pollution can have a significant adverse effect on
the environment and the quality of life enjoyed by individuals and communities.
Environmental Health Legislation allows the Council to control excessive
noise pollution and a European Community Framework Directive, soon to be
produced, will require areas like Wolverhampton to prepare noise maps and
draw up action plans to tackle excessive noise, over a period of four years. |
| 5.6.2 |
The planning system plays an important part in avoiding noise
pollution by ensuring that developments which produce noise, such as roads
and certain industrial activities, are separated from developments sensitive
to noise, such as housing. The level at which noise becomes unacceptable
noise pollution will vary, depending upon factors such as type and frequency
of noise, levels of existing background noise and the need to protect areas
which are valued locally for their tranquillity. Therefore, each case will
be considered on its merits, in accordance with PPG24: Planning and Noise.
However, residential development will generally not be acceptable in locations
where noise levels exceed Noise Exposure Category D, as specified in PPG24. |
| 5.6.3 |
In order to encourage mixed use development a flexible approach
will be taken where it is possible to control or reduce noise levels or
to mitigate the impact of noise. For example, where the predicted noise
emission from a proposed development is acceptable during normal working
hours but not at other times, permission may be given subject to a condition
restricting operations and vehicle movements to certain specified hours.
Sound insulation measures, such as landscaped mounds, acoustic screening
or insulation within buildings, can also be used to reduce noise pollution
to acceptable levels. |
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5.7
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Water Resources
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| Policy EP6: Protection
Of Groundwater, Watercourses And Canals |
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Development which could adversely affect the quality or quantity
of water in groundwater, watercourses or canals will not be
permitted unless measures are included which would overcome
any threat, to the satisfaction of the Council, the Environment
Agency and other appropriate authorities.
Proposals that include the culverting
of watercourses will be resisted. Where a culverted watercourse
exists on site, developments should include proposals to restore
culverts to open water courses. (2)
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| 5.7.1 |
As with all natural resources, it is important to conserve
and use water efficiently. Water resources, in the form of groundwater,
watercourses and canals, are valuable for wildlife, quality of life of local
people and provision of water supplies, but are particularly sensitive to
pollution. Groundwater is abstracted for industrial purposes and provides
baseflows to rivers, which is especially significant at times of low flows.
Once polluted, it is virtually impossible to clean groundwater up to its
former state. It is therefore important that new development does not threaten
water quantity or quality. Particular care should be taken in relation to
contaminated land, where disturbance can allow pollutants present to remobilise
and leach into watercourses and groundwater. The Environment Agency, as
the statutory regulatory body, has a wide variety of powers to prevent and
control water related problems. Groundwater protection zone maps for Wolverhampton
are held by the Environment Agency. |
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| 5.7.2 |
The need to improve the conservation
and amenity value of watercourses in the conurbation is recognised by the
Environment Agency, in the Local Environment Agency Plan (LEAP) for the
River Tame - West Midlands Catchment. However, past development has severely
modified natural watercourses, or buried them within culverts, disrupting
the ecological continuity which allows wildlife to thrive and to move along
rivers and streams. An identified aim of the Agency is therefore to resist
further culverting of watercourses in new development and restore existing
culverts to open channel (LEAP, West Midlands - Tame Action Plan, March
1999). (2) |
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| Policy EP7: Protection Of
Floodplains |
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| Development which would: |
- Result in the loss of a natural floodplain area;
- Materially affect the storage capacity of a floodplain;
- Impede flow of flood water;
- Prevent watercourse maintenance or flood control work;
or
- Expose occupiers to flood risk;
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measures can be put in place to protect the new development
from flood risk and reduce any likely effects on the watercourse
system to acceptable levels, to the satisfaction of the Council,
and in
consultation with (3) the
Environment Agency, in accordance with
up to date government guidance on development and flood risk
(4). Such
measures will be secured through the use of conditions or planning
obligations, where appropriate. (5) |
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| 5.7.2 |
The Council recognises the importance of the natural watercourse
system for providing essential drainage and will consider the need to protect
this system when assessing development proposals. The extent of development
in urban areas reduces the capacity of naturally formed floodplains to manage
flood waters. Although Wolverhampton has not suffered greatly from flooding
in recent years, it is likely that, in the future, climate change will bring
a large increase in flood risk across the country. PPG25: Development and
Flood Risk details the important role of the planning system in minimising
the risk of flooding. Indicative floodplain maps for Wolverhampton are held
by the Environment Agency. |
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| 5.7.3 |
Development which would materially affect the capacity of
a floodplain will only be permitted if measures can be taken to protect
the new development from flood risk and reduce any adverse effects on the
watercourse system to acceptable levels. These measures may include raising
property floor levels, providing and maintaining approved flood defence
measures or introducing sustainable urban drainage measures (see below). |
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| Policy EP8: Water Supply
Arrangements For Development |
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| All developments should
be designed so as to minimise the consumption of water and maximise
the recycling and treatment of used water. |
| Major developments will
only be permitted where adequate water supply services are available
or under construction, or where such services can be efficiently
extended without harm to the environment. Where necessary infrastructure
improvements can be carried out to the satisfaction of the statutory
undertaker, planning permission will be subject to a condition
and/or formal legal agreement specifying the improvements that
must be carried out before development commences. |
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| 5.7.4 |
The Council will seek to ensure that development does not
proceed unless water supply, sewerage or sewage treatment infrastructure
is adequate or can be upgraded to serve additional demands. Developers are
advised to discuss requirements with water, sewerage and sewage undertakers
so that an assessment of any necessary works can be made at the earliest
opportunity. The use of water recycling and water efficient devices in new
developments, particularly those which make intensive use of water, will
be encouraged. |
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| Policy EP9: Sustainable
Drainage Arrangements For Development |
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| All development proposals
should be located and designed so as to minimise the quantity
and maximise the quality of surface water run-off, by incorporating
the maximum possible area of permeable ground surface and features
which regulate surface water flows from impermeable surfaces. |
| Development will only be
permitted where adequate provision is made for the drainage
of foul and surface water. Where necessary infrastructure improvements
can be carried out to the satisfaction of the statutory sewerage
undertaker, planning permission will be subject to a condition
and / or formal legal agreement specifying the improvements
that must be carried out before development commences. |
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| 5.7.5 |
Disposal of surface water run-off from development has to
be carefully managed to avoid adverse environmental impacts. The traditional
practice for the disposal of surface water is to pipe it away to the nearest
watercourse to ensure rapid disposal. This can lead to increased flood risk,
aquifers not being recharged and less water retention in subsoil, resulting
in a greater use of treated water and an increased risk of pollutant transmission
in watercourses. All new developments will be expected to minimise such
negative effects, through the use of sustainable urban drainage measures,
as advocated by the Environment Agency. Measures such as porous ground surfaces,
grass swales and ponds can be easily incorporated into most developments
to create a more natural pattern of drainage, and they also provide a more
conducive environment for wildlife. It is also important to install adequate
oil interceptor facilities or trapped gullies, as appropriate, to avoid
unnecessary pollution of the watercourse system. |
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| 5.7.6 |
Requirements for the sustainable design of new developments
are given in Policy D13: Sustainable Development. |
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5.8
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Notifiable Installations
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| Policy EP10: Notifiable
Installations |
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| Development which would
be designated as a notifiable installation will only be permitted
if it is adequately separated from other land uses, in order
to avoid risks to health and safety. The council will pay due
regard to the advice of the Health and Safety Executive in relation
to such risks. |
| A decision on any development
proposal within a defined consultation distance of a notifiable
installation will pay due regard to advice given by the Health
and Safety Executive and other appropriate agencies. |
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| 5.8.1 |
Certain sites and pipelines are designated as notifiable
installations because of the quantities of hazardous substances stored or
used on the site or in the pipeline. Such installations can pose a safety
risk and must be sited at suitable distances from housing and other land
uses. The Council will consult the Health and Safety Executive on any proposals
for such development. |
| 5.8.2 |
There are a number of existing notifiable installations in
Wolverhampton, including high pressure natural gas transmission pipelines.
Whilst they are subject to strict controls under existing health and safety
legislation, it is considered prudent to control the types of development
permitted close to these installations. Therefore, the Council will consult
the Health and Safety Executive on any development proposals within a designated
consultation distance of a notifiable installation. The Environment Agency
and English Nature may also be consulted, where appropriate. Plans showing
the extent of consultation zones are available for public inspection at
the Council's planning offices. |
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5.9
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Contaminated, Unstable and Derelict Land
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| Policy EP11: Development
On Contaminated Or Unstable Land |
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| For all sites where: |
- There is reason to suspect contamination or unstable
land (for example, land formerly used for industrial purposes
or landfill waste disposal or falling within a Lower Limestone
or British Coal Consideration Zone);
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- The possibility of contamination / instability has the
potential to materially affect the development or use for
which planning permission is being sought or neighbouring
users / occupiers (for example, housing, community services
or open space uses);
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| the developer will be required
to carry out a desk study of readily available records assessing
the previous uses of the site and their potential for contamination
/ instability in relation to the proposed development. |
| If the desk study establishes
that contamination / instability is likely but does not provide
sufficient information to establish its exact extent or nature,
the developer will be required to carry out a site investigation
and risk assessment to determine the standard of remediation
required to make the site suitable for its intended use. |
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are deemed necessary, conditions or obligations may be used
to ensure that the development does not take place until such
measures are completed to the satisfaction of the Council and
other relevant bodies. |
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| 5.9.1 |
Due to Wolverhampton's industrial heritage, industrial processes
have affected ground conditions in much of the City. There are former mineshafts
and workings on many sites, including those related to abandoned limestone
mines. Some sites are contaminated as a result of the tipping of domestic,
commercial and industrial wastes in landfill sites, resulting in varying
degrees of ground pollution. Development on or near contaminated or unstable
land can prejudice health and safety and cause harm to the environment,
both on the site itself and in neighbouring areas. For example, methane
gas produced by some landfill sites can cause explosions if it is allowed
to accumulate and mixed with air. Toxic chemicals can leach into watercourses
and groundwater, harming local wildlife and water quality. The stability
of structures built on mineworkings may be compromised due to the risk of
collapses. |
| 5.9.2 |
However, modern methods now allow on-site pollution to be
treated or removed and mine workings to be made stable. In the pursuit of
more efficient use of land, the Council will encourage the regeneration
of potentially contaminated and unstable sites. Where development is proposed
on or near such sites, including areas within 250 metres of a landfill site,
the Council will consult the Environment Agency and other relevant bodies
about the risks involved and may require desk studies and/or site investigations
to be undertaken and any necessary treatment completed before development
can take place. PPG14: Development on Unstable Land, Circular 02/2000: Contaminated
Land and Technical Advice on Development of Land Affected by Contamination
provide more detailed guidance on contamination and instability issues affecting
development proposals. The preference will be for treatment and disposal
of contaminants on-site, where appropriate, rather than simply transporting
untreated contaminants elsewhere. |
| 5.9.3 |
Plans showing known former landfill sites and the Lower Limestone
and British Coal Consideration Zones are available for public inspection
at Council offices. However, the Council does not hold exhaustive information
about contaminated and unstable land and it remains the responsibility of
the developer to determine the extent and effects of such constraints. |
| 5.9.4 |
The Council is currently implementing a Contaminated Land
Strategy, which describes how it will identify and investigate contaminated
land which has been given a statutory definition in the Environmental Protection
Act 1990. This definition is restricted to a small number of sites where
significant harm is being or may be caused to people, property, controlled
waters or important nature conservation sites. Where contamination on such
sites is proven to pose unacceptable risks, given the actual or intended
use of the site, Part IIA of the Environmental Protection Act (1990) requires
the person responsible for the contamination to clean up the site. |
| 5.9.5 |
Land which is not "contaminated land" under the statutory
definition may still contain substances with the potential to cause harm
if the land use is changed. Therefore, any land which may contain potentially
harmful substances must be subject to a formal risk management process prior
to development. |
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| Policy EP12: Reclamation
Of Derelict Land |
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| The Council will seek to
reclaim, and support others to reclaim, derelict land and bring
it back into productive use, in accordance with regeneration
priorities, historic environment (6)
and nature conservation policies and where resources allow. |
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| 5.9.6 |
Given the lack of land for new development in Wolverhampton,
one of the key objectives of the Plan is to make effective use of brownfield
(previously developed) land. Many of the brownfield sites allocated in the
Plan for development are derelict, that is, they have been so damaged by
a previous use that some form of reclamation or remedial action will be
required before development or environmental improvements can take place.
The Council keeps an up-to-date record of all derelict land and buildings
in Wolverhampton, which forms part of the National Land Use Database. The
Council will work with relevant bodies, such as the Regional Development
Agency, and the private sector to enable these sites to be brought back
into productive use, including the creation of open space. Priorities for
reclamation of derelict land will be determined by wider regeneration strategies.
The Council will explore mechanisms to enable the reclamation of derelict
land, including securing external funding and serving compulsory purchase
orders, where necessary. The Council also has powers under section 215 of
the Town and Country Planning Act (1990) to require the clearing up of unsightly
land for reasons of visual amenity. |
| 5.9.7 |
Long term dereliction and neglect of sites can result in
natural regeneration, producing valuable natural habitats of a type which
are scarce in Wolverhampton and provide refuges for rare plant and animal
species. Before reclamation takes place, such sites should be surveyed,
in accordance with Policies in the Nature Conservation Chapter,
the Historic Environment Chapter, (6) and
Supplementary Planning Guidance on Nature Conservation, and any proposals
for reclamation and development should take full account of the nature conservation
value of the site, either by preserving the important elements of the habitat
or by providing an equivalent replacement habitat nearby, as appropriate.
Reclamation of derelict sites may also offer opportunities to create new
wildlife habitats, for example wetland features or woodlands, at a low cost. |
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5.10
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Waste
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| Policy EP13: Waste And Development
(Part I) |
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| The Council will seek to ensure
that: |
- Sufficient waste management facilities are provided across
the City, in appropriate locations in
accordance with applicable waste management legislation
(7), to meet adopted regional, sub-regional and local
waste management targets;
- All development is designed so that, throughout construction
and operation, the production and transportation of waste
is minimised and the recovery of waste is maximised.
- Opportunities
to utilise sustainable transport modes, including rail and
water, will be taken where possible (8)
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| Development proposals will
be expected to incorporate appropriate provision for the segregation,
recovery and recycling of waste generated by the development,
commensurate with its scale and nature. In the case of major
developments, a waste audit and provision for in-house or on-site
recycling or treatment of wastes may be required. |
| Businesses and households
produce large amounts of waste, the treatment and disposal of
which can cause major economic and environmental problems. In
the past, waste has often been managed in a way which makes
inefficient use of land, energy and scarce resources and causes
harm to human health and safety, the environment and wildlife. |
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| 5.10.1 |
The Government's Waste Strategy (2000) sets out national targets
for waste management. These targets are based on the waste hierarchy, which
ranks different waste management options according to their sustainability.
Waste reduction is the best option, followed by re-use, then recovery, including
recycling, composting and energy recovery. Making more efficient use of
irreplaceable natural resources in the first instance is a key factor in
reducing waste and conserving energy. Safe waste disposal (e.g. to landfill)
should only take place when all other options have been exhausted. It is
also important to handle waste as close as possible to where it arises (the
proximity principle), because of the environmental impacts of transporting
waste. A consideration of the waste hierarchy and the proximity principle
can help to identify the "Best Practicable Environmental Option" for waste
management in any individual case. |
| 5.10.2 |
Regional targets for waste management have been established
through the preparation of a Regional Waste Strategy and review of Regional
Planning Guidance and reflect the national requirement that all waste produced
within a Region should be treated or disposed of within that Region (regional
self-sufficiency). |
| 5.10.3 |
The Council is a Waste Disposal Authority, responsible for
the safe management of household and some commercial wastes arising in Wolverhampton.
At present, 6 9.6%
(9) of household waste is recycled and
64 67% (9)
is incinerated at the Crown Street Energy from Waste facility, which exports
electricity to the National Grid. The remaining 30
22% (9) is
non-combustible and is disposed of at landfill sites outside Wolverhampton
(1998/99 2001/02
(10) figures). The Council, in partnership with commercial operators,
provides recycling facilities for a wide range of household and commercial
wastes, including glass, paper, metals, batteries, textiles, oil and rubble,
and a composting scheme for green garden waste. There
are at present no figures available on the management of industrial and
commercial waste The Environment Agency holds
estimates of the types and quantities of industrial and commercial waste
produced in Wolverhampton in 1998/99, (10)
which forms the bulk of total waste produced. |
| 5.10.4 |
The Council, together with its partners, is developing a Waste
Management Strategy for Wolverhampton, which will set out Best Practicable
Environmental Options for dealing with different waste streams in Wolverhampton,
in order to achieve national, regional, sub-regional and statutory local
targets. The Council considers that the most effective way of dealing with
waste produced in the City is for producers to look at the potential for
minimising and recovering their own waste. |
| 5.10.5 |
Wolverhampton already exceeds the national target to recover
value from 45% of municipal waste by 2010. However, the Council, other bodies,
businesses and householders will need to take action to achieve two other
targets: |
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- to recycle or compost at least 30% of household waste by 2010;
- to reduce the amount of industrial and commercial waste sent to landfill
to 85% of 1998 levels by 2005.
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| 5.10.6 |
The land use system can play a major role in achieving waste
management targets, as detailed in PPG10 on Planning and Waste Management
(1999). The construction of a development and its long-term use inevitably
give rise to waste, but this can be minimised. For example, waste materials
produced during demolition and construction, such as rubble, can be recovered
for use on-site or elsewhere by the construction industry. Waste recovery
facilities should also be considered for inclusion in all new developments,
wherever possible and appropriate. These could take the form of recycling
bin storage areas for individual dwellings or premises and centralised recycling
points and energy recovery schemes for larger developments. Other requirements
for the sustainable design of new developments are given in Policy D13:
Sustainable Development. |
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| Page 74 |
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| Policy EP14: Waste Management
Facilities |
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| Proposals for the establishment
or extension of waste management facilities will be permitted
where: |
- It can be demonstrated that the proposal represents the
Best Practicable Environmental Option for the achievement
of the Council's Waste Management Strategy;
- The risk of any adverse impact on the environment, local
wildlife and the health, safety, general well being and
amenity of local people will be minimised and mitigated
to the satisfaction of the Council and other relevant bodies;
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| And |
- The following locational requirements are satisfied:
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| 1. |
Energy recovery, waste transfer, waste
treatment and material recycling facilities should only be located
in areas used or allocated for industrial purposes in
accordance with policies B5, B9, and B10 (11)
purposes and sufficiently distant from existing housing or other
sensitive uses to avoid detriment to amenity; |
| 2. |
Composting sites should be located at
a reasonable distance from residential areas to avoid harm to
local amenity; |
| 3. |
Container banks should be accessible
by a choice of means of transport or by car in a location which
would encourage a combined journey purpose; |
| 4. |
Sites should be capable of providing
sufficient on-site space for staff and customer parking and
on-site turning facilities for the size of commercial vehicles
likely to visit the site. |
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| 5.10.7 |
The move towards more sustainable waste management will mean
a greater need for facilities to store, sort and recover waste in Wolverhampton.
The Council will aim to maintain sufficient waste management facilities
across the City to meet local, regional and sub-regional needs and targets,
ranging from energy recovery facilities, waste transfer sites (for sorting
and storing waste prior to recycling) and material recycling plants, to
public waste disposal sites, composting facilities and local container banks.
It is likely that a substantial waste transfer facility will be required
to serve the Black Country area. The Council will work with neighbouring
authorities to determine the optimum location for such a facility. The
applicant will be required to discuss proposals with the Environment agency
at the earliest opportunity. (12) |
| 5.10.8 |
Extensions to existing facilities and new facilities will
be encouraged where they would contribute towards the objectives of the
Waste Management Strategy. However, care will be taken to ensure that the
environment and the amenity of nearby residents are protected by guiding
facilities to appropriate locations and requiring measures such as screening
and containment of activities within buildings, where appropriate. Some
applications for waste management facilities will require an Environmental
Impact Assessment (see Policy EP2). |
| 5.10.9 |
Particular care should be taken regarding the storage, treatment
and disposal of industrial wastes. Due to the risks associated with the
disposal and treatment of hazardous or toxic wastes, known as "special"
wastes, existing special waste treatment facilities will be strictly controlled
and proposals for new facilities will only be permitted where it is comprehensively
demonstrated that these risks have been minimised to acceptable levels,
in accordance with Policy EP14. |
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| Page 75 |
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| Policy EP15: Landfill Activities |
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| Development proposals involving
landfill of domestic and commercial waste will not be permitted,
except where it can be demonstrated that this is necessary to
achieve the reclamation of a site for a defined beneficial after-use. |
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| 5.10.10 |
There are at present no active landfill sites in Wolverhampton.
However, previous use of large areas for landfill has given rise to long
term problems, such as landfill gas contamination. Given that all other
possible options for waste management should be explored before landfill
is considered, the Council will not allocate any further landfill sites
over the plan period. Landfill activities will only be permitted where fill
with inert waste is necessary in order to bring a derelict or contaminated
site back into use. In such cases, the Council will need to be satisfied
that waste disposal is a by-product of the need to reclaim the land, rather
than an end in itself. The Council will require that
the applicant discuss landfill proposals with the Environment Agency at
the earliest opportunity. (13) |
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5.11
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Energy
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| Policy EP16: Energy Conservation
(Part I) |
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| The conservation and efficient
use of energy will be maximised by: |
- Ensuring that the energy demands of developments
are minimised through appropriate location, orientation,
siting and design;
- Encouraging the production and use of renewable energy.
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| 5.11.1 |
PPG22 Renewable Energy (1993) requires local planning authorities
to consider the contribution their area can make towards energy conservation,
given that current use of fossil fuels is unsustainable, in economic and
environmental terms. Transport is a major consumer of fossil fuel resources
and UDP policies which guide development to locations where the need to
travel is minimised will make a large contribution towards energy conservation. |
| 5.11.2 |
Buildings generate large demands for energy over their lifespan.
Building Regulations ensure that detailed measures for energy conservation,
such as insulation, are included in the construction of new buildings. The
planning system can also help by promoting energy saving features in the
design of developments e.g. orientating buildings so they retain maximum
heat from the sun (passive solar gain) and are sheltered from wind chill
effects. Design features which improve water efficiency and encourage recycling
of waste are also energy efficient. See also Policy D13: Sustainable Development. |
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| Policy EP17: Renewable Energy |
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| Favourable consideration
will be given to developments that produce or use renewable
energy, where such proposals conform with other Plan policies
and are in scale and character with their surroundings. |
| Where a new development
will generate significant energy demands, consideration should
be given to the provision of combined heat and power systems
and district heating schemes to serve the development. Renewable
energy facilities which are of a large size or likely to have
a significant impact on the environment should be located within
industrial areas. |
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| 5.11.3 |
Another way of conserving energy resources is through encouraging
greater use of renewable sources of energy, such as solar, wind and water
power or waste incineration. Other renewable sources of energy include wood
from local, sustainably-managed woodlands and controlled use of landfill
gas, which can supplement gas supplies, generate heat and electricity and
also remove the risk of fires and explosions. The Crown Street Energy from
Waste facility is a major source of renewable energy in Wolverhampton, generating
7 megawatts of energy each year, sufficient power for 12,000 households.
If proposals come forward for further renewable energy facilities, these
will be considered favourably, providing they conform with other Plan policies
and are located appropriately. An Environmental Impact Assessment may be
required for such facilities (see Policy EP2). |
| 5.11.4 |
The inclusion of appropriate renewable energy features in
the design of new development, such as solar panels on buildings or combined
heat and power (CHP) facilities, which make use of waste heat e.g. from
industrial processes, will also be encouraged. These features allow developments
to harness renewable energy for use on site, to the extent that some developments
can be self-sufficient or even net producers of energy. This also helps
to reduce the large amount of energy wasted during transfer across the national
grid. All renewable energy facilities should be carefully located and designed
to ensure that no harm is caused to the environment or to the health and
well-being of occupants of the site or the surrounding area. |
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5.12
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Mineral Extraction
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| Policy EP18: Mineral Extraction |
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| Any proposals for the extraction
and transport of minerals, coal or fill should: |
- Be sited, constructed and operated so as to minimise
environmental impacts on the surrounding area and the local
highway network, including any impact arising from a temporary
cessation of working, to acceptable levels;
- Have regard to the need to protect environmentally sensitive
areas and sites;
- Include measures for the satisfactory transport of material
to and from the site, with preference for rail transport;
- Include, in respect of underground extraction, details
of measures to minimise any problems of subsidence;
- Include measures to achieve restoration of the site to
an appropriate after-use, which should include the creation
of new nature conservation resources. Restoration should
preferably be by progressive restoration, with the importation
of any infill materials phased to minimise environmental
impacts.
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| 5.12.1 |
The industrial heritage of the Black Country was based, to
a large extent, on the exploitation of the South Staffordshire coalfield.
Although there are at present no active mineral workings in Wolverhampton,
it is important to protect known accessible mineral reserves (coal and clays)
to allow future extraction, if necessary. The Coal Authority have defined
an area of "opencast interest present and future" in the south east of Wolverhampton,
where they wish to be consulted on any major development proposals in order
to consider the need for any further extraction of coal before development
occurs. Plans showing this area and Mineral Resource Information Maps produced
by the British Geological Survey are available from the Council on request. |
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| 5.12.2 |
The Council, in conjunction with the other West Midlands
Metropolitan Councils, will seek to maintain a land bank of permitted reserves
of aggregates equivalent to at least ten years production, to contribute
towards meeting regional demand for aggregates. However, in line with sustainable
development principles and the waste hierarchy, the processing and use of
secondary aggregates will be encouraged, where practicable, in accordance
with Policies EP13 and EP14. |
| 5.12.3 |
In the unlikely event that proposals for mineral extraction
come forward during the plan period, they will be considered on their merits,
in accordance with Minerals Planning Guidance Notes, criteria set out in
Policy EP18 and other UDP policies. If any substantial proposals are made,
an Environmental Impact Assessment may be required (see Policy EP2). |
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5.13
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Advertisements and Telecommunications Apparatus
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| Policy EP19: Outdoor
Advertisements and Signs
(15) |
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| Outdoor
Aadvertisements
hoardings and display panels
(15) will not be permitted
where their location, scale, design or means of illumination
would: |
1. Have a harmful effect
on road or pedestrian safety; or
2. Have a harmful effect on the appearance of an area by reason
of visual clutter, over dominance in the street scene or otherwise
being out of scale or character with the building, buildings
or immediate neighbourhood where they are to be displayed. The
effects are more likely to be harmful in the following locations:
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- Within or affecting the setting of a conservation area
(see Policy HE11);
- On or adjacent to a Listed Building or local list building
(see Policies HE14 & HE19);
- On sites fronting onto or dominating views from the ring
road, main roads, railways or canals;
- In predominantly residential areas or in close proximity
to residential properties;
- Where the proposed advertisement would screen attractive
views, significant landscaping or other visually important
features.
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| Where an outdoor
advertisement hoarding or display
panel is acceptable in principle, it will be expected to comply
with any supplementary planning guidance on outdoor
advertisements that may be adopted by the Council at that time. |
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| 5.13.1 |
Advertisements on business premises are usually acceptable,
provided they do not detract from the appearance of the premises themselves
or the immediate environment, or create or add to visual clutter, particularly
in predominantly residential areas. In the key locations listed in Policy
EP19, where it is especially important to enhance the environment, poorly
designed advertisements and signs can, both individually and collectively,
prove particularly damaging to appearance. Free-standing
advertisements are generally considered to be detrimental to the character
and amenity of residential areas, main roads, railways and canals. Acceptable
free-standing commercial signage is generally more difficult to achieve
within a predominantly residential environment (16). |
| 5.13.2 |
Advertisements and signs that could distract road users or
those in control of other forms of transport can increase the risk of accidents
and are therefore not acceptable. This particularly applies to large hoardings
and illuminated advertisements near to junctions and road signals of any
kind. |
| 5.13.3 |
However, advertisements and signs can add interest to areas
which have remained undeveloped for a considerable period of time and can
make positive contributions to sites which are likely to remain undeveloped
for the foreseeable future, when erected in conjunction with good quality
landscaping. They can also serve a useful function by screening unsightly
views, provided that they are of a sympathetic scale, design and illumination. |
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| Policy EP20: Telecommunications |
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| Applications for planning
permission or prior approval for telecommunications development
will not be granted unless it has been demonstrated that: |
- There is a need for the development;
- The development has been designed and sited to minimise
its visual impact, and harm to local
amenity; (18) and
- It has been demonstrated that no practicable alternative
sites in less sensitive locations are available.
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| For applications in the
Sensitive Locations defined below telecommunications development
will not be granted unless: |
- All appropriate means of screening the development are
included in the proposal; and
- There is no adverse impact on visual amenity sufficient
to outweigh other considerations.
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| The following are considered
to be Sensitive Locations: |
- Within conservation areas or where their setting would
be detrimentally effected;
- Within the curtilage of Listed Buildings and locally listed
buildings, or where their setting would be detrimentally
eaffected;
(17)
- Within historic parks and gardens, recreational open space,
Greenways (Policy R6) or Areas
of Special Character (Policy G6);
- Sites fronting onto or dominating views from main roads,
canals and the Metro;
- Predominantly residential areas;
- Grounds of education, health or other community buildings;
- In close proximity to a dwelling, where there would be
a dominating effect on the dwelling.
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| 5.13.4 |
The provision of telecommunications apparatus which is both
necessary and environmentally sensitive in terms of siting, design and amenity,
will be encouraged. In "Sensitive Locations", which have been identified
because of their sensitivity to visual intrusion, controls on telecommunications
development will be stronger. There will also be sites which do not fall
within Sensitive Locations but are sensitive because of circumstances peculiar
to themselves. Following the receipt of an application or prior consultation
for such a site, the Local Planning Authority will inform the telecommunication
company or their agents, who will then be expected to fulfil criteria 4
and 5 of the Policy. |
| 5.13.5 |
Supplementary Planning Guidance on Telecommunications,
approved by the Council in January 2002, (14)
provides more detailed design guidance for different types of telecommunications
equipment. |
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| Page 79 |
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| REASONS FOR PROPOSED CHANGES |
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1.
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In response to objection 135/488 |
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2.
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In response to objection 135/490 |
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3.
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In response to objection 136/521 |
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4.
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In response to objection 135/493 |
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5.
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In response to objection 135/595 |
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6.
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In response to objection 182/857 |
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7.
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In response to objection 28/128 |
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8.
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In response to objection 138/543 |
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9.
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Figures amended in line with draft Wolverhampton
Waste Management Strategy 2003-2023. |
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10.
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In response to objection 86/706, 135/498,
and 152/686 |
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11.
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In response to objection 190/915 |
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12.
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In response to objection 135/500 |
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13.
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In response to 135/502 |
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14.
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For clarification. |
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15.
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In response to objection 81/198 |
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16.
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In response to objection 81/199 |
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17.
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Typographical error |
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18.
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In response to increasing public concern regarding
the impact of telecommunications development on local amenity. |
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19.
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In response to objection 96/291 |
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