Core Strategy Preferred Options (Revised October 2008)
Environmental Issues
(7) Introduction
Planning has a key role in the protection and enhancement of the District's natural resources and its environment. We will endeavour to ensure that the District's landscape, historic character, agricultural land, wildlife habitats, undeveloped coast and other natural resources are not adversely affected. In cases where an impact is unavoidable we will ensure that measures are in place to mitigate any negative effects.
Sustainable development requires effective protection of the environment and careful use of natural resources. It involves accommodating necessary change while maintaining and, where possible, enhancing the quality of the environment for visitors and local residents.
We will seek high standards of development in all circumstances, including the location, siting, design and materials used, as well as ensuring that the proposal will contribute to the enhancement or, where appropriate, improvement of the character of the area in which it is proposed. Tree planting and landscaping schemes using native species appropriate to their location will be an important part of new development.
(4) Protection and enhancement of the natural landscape and habitats
We are committed to the protection, promotion and enhancement of biodiversity throughout the District. Biodiversity is the variety of living species on earth, including well known trees and animals to lesser known insects and plants and the habitats that they occupy. It is an essential component of sustainable development.
(6) Local Wildlife Sites (LoWSs)
Local Wildlife Sites (LoWSs) are areas which, despite their lack of national or international statutory protection, are of significant local wildlife value. Rochford District contains 39 LoWSs. These are predominantly woodland, but there are also significant areas of grassland, mosaic coastal and freshwater habitat types. In 1992 the UK signed the Convention on Biological Diversity which led to the production of the UK Biodiversity Action Plan. However, it is at the local level where the success of biodiversity depends.
(2) Sites of Special Scientific Interest (SSSIs)
Sites of Special Scientific Interest (SSSIs) are designated under the Wildlife and Countryside Act 1981. SSSIs are the country's very best wildlife and geological sites. English Nature has a duty to provide notification of these sites. The SSSI network includes some of the "best" semi-natural habitats including ancient woodlands, unimproved grasslands, coastal grazing marshes and other estuarine habitats.
There are over 4,000 Sites of Special Scientific Interest (SSSIs) in England, covering around 7% of the country's land area. Over half of these sites, by area, are internationally important for their wildlife, and designated as Special Areas of Conservation (SACs), Special Protection Areas (SPAs) or Ramsar sites. There are three SSSIs within the Rochford District as follows:
- Hockley Woods SSSI - A site predominantly owned by us. The site is of national importance as ancient woodland.
- Foulness SSSI - This comprises extensive sand-silt flats, saltmarsh, beaches, grazing marshes, rough grass and scrubland, covering the areas of Maplin Sands, part of Foulness Island plus adjacent creeks, islands and marshes. This is a site of national and international importance.
- Crouch and Roach Estuaries SSSI - (previously known as River Crouch Marshes). This covers a network of sites (salt marsh, intertidal mud, grazing marsh, a fresh water reservoir) including Brandy Hole and Lion Creek, Paglesham Pool, Bridgemarsh Island and marshes near Upper Raypits. This site is of national and international importance.
The Government's Public Service Agreement for SSSIs is to have 95%, by area, in favourable condition by 2010. Only Hockley Woods is currently meeting the PSA target. Foulness only has 87.5% of its habitats meeting this target, and the Crouch & Roach Estuaries is in poor condition as it is classified as 'unfavourable no change'1, or 'unfavourable declining'2 condition. The site was not being adequately conserved in the past, but we are working closely with Essex County Council, the Environment Agency, the Department for Environment Food and Rural Affairs (Defra), Chelmsford Borough Council, Maldon District Council and the Crouch Harbour Authority to establish the Crouch and Roach Estuary Management Plan to remedy this situation.
(2) Crouch and Roach
The Roach and Crouch estuary complex drains into the Outer Thames Estuary between two areas of reclaimed marshes; the Dengie Peninsula to the north and the islands of Foulness, Potton, and Wallasea to the south.
The Crouch and Roach Estuary Management Plan has established some objectives in order to strive to ensure the sustainable future of the Crouch and Roach estuaries. Objectives include:
- Have regard to and promote the need for sustainability of the estuary system;
- Seek to ensure that the natural landscape and wildlife is properly protected;
- Seek to ensure sustainable public transport to and from the estuary;
- Encourage eco-tourism through the delivery of a sustainable tourism package;
- Disseminate and deliver information on water quality and raise awareness about improving water and air quality and promote a healthier environment;
- Seek to ensure that the historic environment is conserved and enhanced.
(1) Special Protection Areas (SPAs)
Rochford has two sites that have been confirmed as SPAs, they are the Foulness (classified in 1996) and Crouch and Roach Estuaries (classified in 1998), see Annex1.
We will endeavour to avoid any significant pollution, disturbance to or deterioration of these designated sites.
(1) Special Areas of Conservation (SAC)
Part of the Essex Estuaries SAC lies within the District. It covers the whole of the Foulness and Crouch and Roach Estuaries from the point of the highest astronomical tide out to sea. As such it relates to the seaward part of the coastal zone.
Ramsar Sites (Wetlands of International Importance)
There are two listed Ramsar sites in Rochford District: Foulness and the Crouch and Roach Estuaries. The same sites are also designated as SPAs, under the Natura 2000 network.
(10) ENV1 Protection and Enhancement of the Natural Landscape and Habitats - Preferred Option |
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We will seek to maintain, restore and enhance sites of
international, national andlocal natural conservation
importance. These will include Special Areas of
Conservation (SACs), Special Protection Areas (SPAs),
Ramsar Sites, Sites of Special Scientific Interest
(SSSI's), Ancient Woodlands, Local Nature Reserves (LNRs)
and Local Wildlife Sites (LoWSs).
In particular, we will support the implementation of the Crouch and Roach Management Plan. |
Coastal Protection Belt
The undeveloped coast is one of the most important landscape assets of the District, matching the special landscape areas. It has long been our policy to promote the control of development along the coast and estuaries due to the fact that the coast is an irreplaceable natural resource. Views of the coast, across river valleys and from one part of the boundary to another are important elements of the Coastal Protection Belt, and largely contributed to the drawing up of the boundary, demonstrating the coastal character of the whole area.
The District's coast and estuaries are of great importance recognised through national and international designations for their wildlife and natural habitats.
At the national level, PPG20 (Coastal Planning) provides guidance to Local Planning Authorities (LPAs) on planning for development and protecting the coastal environment (paragraph 1.2). This document is clear on the need to protect the undeveloped coast and this is especially true for the Rochford District, where much of the coast is covered by international and national nature conservation designations.
At regional level, the Coastal Protection Subject Plan, a statutory plan adopted in 1984, defined the extent of the coastal areas within Essex where there would be the most stringent restriction on development, due to the special character of the open and undeveloped coast. Policy CC1 of the Essex and Southend-on-Sea Replacement Structure Plan (2001) embodies the commitment to the Coastal Protection Belt. This will be replaced by our own policies once the Development Plan Documents are adopted.
(10) ENV2 Coastal Protection Belt - Preferred OptionWe will:
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(3) Flood Risk
Development opportunities on the undeveloped coastline are limited by physical circumstances in the District, such as risk of flooding, erosion and land instability, as well as conservation policies. Climate change and related sea-level rises will have an impact on flood risk.
Flooding can result in significant damage to properties and threaten human life. Planning Policy Statement 25 (PPS 25) requires that flood risk is taken into account at all stages of the planning process. We will avoid inappropriate development by appraising, managing and reducing the risk in the areas prone to flooding.
1) Appraising risk
We will apply the sequential test and direct development to areas least at risk of flooding. We will apply the exceptions test, as per PPS25, when the sequential test has shown that there are no available locations for necessary development other than within areas at risk of flooding, and will only allow development within such areas if the benefits of the development clearly outweigh the risks from flooding. When development is permitted, significant levels of flood risk management (e.g. surface water management plans, conveyance and Sustainable Drainage Systems) will be required.
A Strategic Flood Risk Assessment for the Thames Gateway South Essex has been prepared and will be used to inform and apply the sequential test in development decisions for the District.
Areas at risk of flooding (Flood Zone 3) within the District are unevenly distributed, being concentrated towards the east of the District in predominantly undeveloped, rural areas. The majority of the District settlements where new development is appropriate lie outside of flood risk areas. As such, it is envisaged that the vast majority of new development necessary within the District can be accommodated within Flood Zone 1 (areas least at risk of flooding), although there may be exceptions involving previously developed land.
2) Managing risk
PPS 25 states that Local Authorities should consider moving existing development away from areas at risk of flooding. Parts of Great Wakering and other existing settlements, are in areas at risk of flooding. We believe it would not be appropriate to relocate these affected areas due to the detrimental impact this would have on community cohesion and the viability of such an approach. Nonetheless, we are working closely with other partners to safeguard the flood risk area. For instance, the Environment Agency, which has statutory responsibility for flood management and defence, is proposing to improve the flood defences in the Great Wakering area. The Great Wakering Flood Risk Management Scheme identifies the environmental issues and introduces management solutions for the area. The proposed flood risk management solution involves improvements along the line of the existing flood defenses.
3) Reducing risk
Built up areas need to drain to remove surface water. The traditional pipeline system has exasperated the problem of polluted runoff from urban areas entering the river system. It is necessary to balance the impact of urban drainage on flood control, water quality management and amenity.
Sustainable Drainage Systems (SUDS) offer an alternative approach to drainage in developed area. The SUDS approach to drainage management includes a range of techniques to manage surface water as close to its source as possible to minimise potential flood risk. To produce a workable and effective scheme SUDS must be incorporated into developments at the earliest site planning stage. The Environment Agency has identified 5 techniques:
- Permeable pavement
- Green roofs and rainwater use
- Swales and basins
- Infiltration trenches and filter drains
- Ponds and wetlands
(8) ENV3 Flood Risk - Preferred Option |
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We will seek to direct development away from areas at
risk of flooding by applying the sequential test and,
where necessary, the exceptions test, as per PPS25. The
vast majority of development will be accommodated within
Flood Zone 1.
We will continue to work with the Environment Agency, scrutinising and monitoring the impact of the technical advice on flood risk provided by the Agency. We will continue working with the Environment Agency to maintain sustainable flood defences in order to reduce the risk of flooding. |
(7) ENV4 Sustainable Drainage Systems (SUDS) - Preferred Option |
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All large scale development will be required to
incorporate runoff control via SUDS to ensure runoff and
infiltration rates do not increase the likelihood of
flooding.
SUDS will be required in all new development sites, unless there is evidence showing the system is not viable on the site. In such cases developers will be required to implement alterative forms of drainage. |
(1) Air Quality Management Areas
Local air quality is affected by emissions from industrial activity, airports, power stations and natural sources, but road transport accounts for around 40% of UK Nitrogen Dioxide emissions. The growing dependence on the car in the district has led to increased air pollution, although continuing improvements in technology may counter this.
Where development proposals are likely to involve emissions into the air or where a sensitive development is proposed near an existing source of emissions, we will require the submission of appropriate details to enable a full judgement of the impact of the development to be made.
Local Authorities are required to carry out periodic reviews of air quality in their areas, and to assess present and likely future quality against statutory air quality standards. An Updating and Screening Assessment (USA) needs to be produced to identify those aspects that have changed since the previous round of reviews and which may require further assessment. For any pollutants and specific locations that have been identified as requiring further investigation by way of monitoring and/or modelling, a Detailed Assessment (DA) will then need to be carried out.
Where the results of a DA indicate the exceedance of an objective, we are required to designate an Air Quality Management Area (AQMA), consult with local stakeholders and make an Action Plan for improving air quality in that area.
Air quality tests showed that there may be exceedances of particulate matter (PM10) and Nitrogen Dioxide (NO2) in Rawreth Industrial Estate and Rayleigh High Street respectively, we have factored such issues into the determining of its preferred options, in particular those around housing locations (see Housing chapter).
We aim to reduce the carbon emission produced by vehicles by encouraging the use of public transport. The delivery of South Essex Rapid Transport (SERT) will be one of the potential possibilities. SERT will link residential areas with employment, retail areas and stations and become an alternative of the car (please see the Transport chapter for details). This eco-bus will emit fewer harmful emissions and help to minimise the impact on the District's air quality.
(4) ENV5 Air Quality - Preferred Option |
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We will prevent new development in AQMAs that will result
in additional public exposure to poor air quality by
setting extra constraints within Development Control
policies. Additional residential development will, in
particular, be restricted in AQMAs until it has been
demonstrated that such area's air quality has improved to
a degree that they no longer warrant AQMA status.
In areas where poor air quality threatens to undermine public health and quality of life, we will seek to reduce the impact of poor air quality on receptors in that area and to address the cause of the poor air quality. Proposed development will be required to include measures to ensure it does not have an adverse impact on air quality. |
(2) Renewable Energy
Addressing climate change is a major priority of ours. One of our corporate aims is to provide a greener and more sustainable environment and to be the 'green' part of the Thames Gateway. There is a need to reduce energy and water consumption not only for the benefit of the local environment, but also for the global environment. As being part of the strategy, we are keen to reduce impacts of development on the environment by applying the Code for Sustainable Homes and BREEAM standards.
Whilst recognising the contribution renewable energy can make, there are currently no plans for developing large-scale renewable energy projects within the district. If such schemes were to be proposed, the impact of such development on the character of the landscape would be a primary concern, particularly in areas designated for their landscape and nature conservation value. We will seek to reduce carbon emissions through supporting the development of small-scale renewable energy projects and through its commitment towards zero carbon for all new housing developments (see the Code for Sustainable Homes section for details).
As mentioned above, we will encourage the delivery of small-scale renewable energy projects where appropriate including additions to domestic properties; these projects and schemes (utilising technologies such as solar panels, biomass heating, small scale wind turbines, photovoltaic cells and combined heat and power schemes, etc) have the potential to make a positive contribution towards renewable energy provision.
(10) ENV6 Large Scale Renewable Energy Projects - Preferred Option |
Planning permission for large-scale renewable energy
projects will be granted only if:
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(7) ENV7 Small Scale Renewable Energy Projects - Preferred Option |
| We will favourably consider small-scale renewable energy projects in both new and existing development, ensuring the location, scale, designs and other measures, including ecological impact, are carefully considered. |
(1) ENV6 and ENV7 - Alternative Options |
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| Option | Why is it not preferred? |
| We will actively encourage both large and small-scale renewable energy development. | The large-scale renewable development may have significant adverse landscape and visual impact. |
| We will be more restrictive on small-scale projects/schemes due to character, impact on neighbours. | Small-scale projects/schemes can provide a limited but valuable contribution to overall outputs of renewable energy. National policy statement PPS22, notes that Local Authorities should consider the opportunity to incorporate renewable energy schemes both into new developments and some existing buildings. |
Code for Sustainable Homes / BREEAM
New development has the potential to impact upon the environment, from the materials used to construct it, to the impact its future use has on natural resources. It is crucial that energy and water conservation measures to be incorporated into new development measures, along with other sustainability measures.
The Code for Sustainable Homes, a new national standard for sustainable design and construction of new homes was launched in December2006. The Code is an environmental assessment method for new homes based on a scoring system of six levels. The different levels are reached by achieving both the appropriate mandatory minimum standards together with a proportion of the 'flexible' standards. Since April 2007 the developer of any new home in England can choose to be assessed against the Code.
The Code uses a sustainability rating system3 - indicated by 'stars', to communicate the overall sustainability performance of a home. A home can achieve a sustainability rating from one to six stars depending on the extent to which it has achieved the Code's standards.
The Code for Sustainable Homes provides this all-round measure of the sustainability of new homes, ensuring that sustainable homes deliver real improvements in key areas such as carbon dioxide emissions and water use. The new mandatory minimum levels of performance have been introduced across 6 key issues4. The Government's ambition for the Code is that it becomes the single national standard for the design and construction of sustainable homes, and that it drives a step-change in sustainable home building practice.
It is important that all new non-domestic developments should also meet a standard of high quality appraisal in terms of function and impact, not just for the short term but over the lifetime of the development.
Energy conservation, generating energy from renewable sources and effective usage of energy are ways to contribute towards the achievement of more sustainable forms of development. In 2003, Merton became the first local authority in the UK to require all new industrial, warehousing and office development outside conservation areas and above a threshold of 1,000 sqm to incorporate renewable power generation equipment to provide at least 10% of predicted energy requirements, the "Merton Rule".
BREEAM (Building Research Establishment Environmental Assessment Method) is the world's most widely used environmental assessment method for buildings. BREEAM covers a wide range of building types (e.g. BREEAM Offices, BREEAM Retail, BREEAM Industrial), they assesses these buildings against a set criteria and there are 4 level of rating (Pass, Good, Very good, Excellent) for all non-domestic development to achieve.
We will require all non-domestic development to meet the relevant BREEAM assessment criteria. This is felt to be a more holistic approach than the Merton Rule, as it covers a wider range of issues other than just energy use. Whilst the importance of sustainable design is acknowledged, we do not want to make development unviable through the imposition of overly onerous standards. As such, whilst a BREEAM rating of excellent will be encouraged, a rating of at least 'good' will be required.
(17) ENV8 Code for Sustainable Homes - Preferred Option |
| For all new domestic developments, we will ensure that there are real improvements in key areas such as carbon dioxide emissions and water use. Development will be required to reach a code level 3 (see Annex 4) of the Code for Sustainable Homes for all new homes by 2010 and eventually code level 6 by 2013. |
(8) ENV9 BREEAM - Preferred Option |
| We will require new non-domestic buildings, as a minimum, to meet the BREEAM rating of 'Very good'. We will encourage developers to attain a BREEAM rating of 'Excellent' in all non-domestic developments. |
Contaminated Land
Contaminated land is land that has been polluted with hazardous materials. This may, for example, be due to past industrial uses or storage of industrial substances on land. As such, the issue of contaminated land has the potential to impact upon the reuse of previously developed, brownfield sites.
Legislation concerning contaminated land is discussed within Part IIA of the Environmental Protection Act 1990, which came into force from 1st April 2000. This Guidance requires Local Authorities to inspect land in their area for threats to human health and the environment from land contamination.
We are continuing to inspect our area in order to identify contaminated land, as outlined in the Contaminated Land Strategy (August 2004). The Strategy clearly sets out how land which merits detailed individual inspection within the contaminated land regime, will be identified in an ordered, rational and efficient manner.
In light of our desire to encourage the reuse of Brownfield sites over greenfield land, identifying and mitigating the impact of contaminated land is paramount.
(4) ENV10 Contaminated Land - Preferred Option |
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The presence of contaminated land on a site will not, in
itself, be seen as a reason to resist its development.
We will require applicants who wish to develop suspected contaminated land to undertake a thorough investigation of the site and determine any risks. Relevant remediation and mitigation measures will need to be built into development proposals to ensure safe, sustainable development of the site. |
1 Unfavourable no change: The special interest of the SSSI is not being conserved and will not reach a favourable condition unless there are changes to the site management or external pressures. The longer the SSSI remains in this condition, the more difficult it will be to achieve recovery.
2 Unfavourable declining: The special interest of the SSSI is not being conserved. The site condition is becoming progressively worse.
3 One star (*) is the entry level - above the level of the Building Regulations; and six stars (******) is the highest level - reflecting exemplar development in sustainability terms, of which representing a "zero carbon home", one where there are no net emissions of carbon dioxide from all energy use in the home.
4 i) Energy efficiency/ CO2, ii) Water efficiency, iii) Surface water management, iv) Site Waste Management, v) Household Waste Management, vi) Use of Materials