(2) 8. Environmental Issues

(2) Vision

In five years...

• New homes are being developed in sustainable locations, all of which meet at least Level 3 of the Code for Sustainable Homes.

• Initiatives to reduce carbon emissions from new and existing developments are being encouraged.

• Local, national and international sites of nature conservation importance are protected.

By 2017...

• Local, national and international sites of nature conservation importance are being increasingly protected and enhanced to improve their biodiveristy and wildlife value.

• Conditions have been put into place for wildlife to thrive in the Roach Valley. The area's size and layout allow for people and wildlife to utilise the space with minimum conflict.

• The Coastal Protection Belt continues to be protected from unnecessary development and other potentially detrimental impacts.

• Later phases of sustainable extensions to the residential envelope are being planned and have begun to be implemented. These strategically located and planned developments are predominantly situated within areas least at risk from flooding.

• New residential developments are carbon-neutral, meeting Code level 6 of the Code for Sustainable Homes.

• New non-residential developments are of a sustainable construction, meeting the BREEAM rating of 'Very Good' as a minimum. The District's Eco-Enterprise Centre is a flagship building meeting the BREEAM rating of 'Excellent' and providing a model for other developments to utilise sustainable, carbon-neutral construction.

By 2025...

• The protection of Sites of Special Scientific Interest has resulted in improvements to the percentage of which, by area, are in 'favourable' or better condition.

• The proportion of the District's energy supply from renewable and low carbon sources has been increased.

• Existing dwellings incorporate renewable energy technologies to reduce their carbon emissions and energy costs.

• New residential and non-residential developments, as appropriate, obtain a proportion of their energy needs from renewable or low carbon sources produced on-site.

• New sustainable dwellings that meet the needs of local people of all social groups are in place and integrated into communities.

(2) Objectives

1. To protect and enhance sites of local, national and international importance and protect the District's historical and archaeological sites.

2. To ensure development is directed away from the Coastal Protection Belt.

3. To ensure development is away from the areas most at risk from flooding, or where this is unavoidable; ensure that appropriate flood mitigation measures are implemented before development ensues.

4. To work with the Environment Agency to maintain the District's flood defences.

5. To reduce the impact of new development on flood risk.

6. Increase air quality and decrease the negative impact on the District's residents.

7. Encourage the growth of renewable energy projects and the integration of on-site renewable or low carbon energy technologies for new developments, as appropriate.

8. Ensure new developments are sustainable in terms of their impact on the environment and resources.

9. Encourage the remediation of contaminated land to fully utilise the District's brownfield sites.

Introduction

8.1 Planning has a key role to play in the protection and enhancement of the District's natural resources and the local environment. The Council will endeavour to ensure that the District's landscape, historic character, agricultural land, wildlife habitats, undeveloped coast and other natural resources are protected and enhanced. In cases where a negative impact is unavoidable, the Council will ensure that measures are in place to mitigate any adverse effects.

8.2 Sustainable development is intrinsic to the Core Strategy as a whole, and certain specific contributions towards this are set out in this section. Sustainable development requires effective protection of the environment and careful use of natural resources. It involves accommodating necessary change whilst maintaining and, where possible, enhancing the quality of the environment for visitors, local residents, and for its own intrinsic value.

(1) 8.3 The Council is mindful of the need to address climate change at a local level, and the role that planning has to play in this. Climate change has been a consideration in the development of all policies but this section also includes policies which specifically address the issue.

Protection and enhancement of the natural landscape and habitats

8.4 The Council is 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 as well as lesser known insects and plants and the habitats that they occupy. It is an essential component of sustainable development.

Local Wildlife Sites (LoWSs)

8.5 Local Wildlife Sites (LoWSs) are areas which, despite their lack of national or international statutory protection, are of significant local wildlife value. 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 lies. The Council carried out a Local Wildlife Sites Review in 2007, which showed that Rochford District contains 39 LoWSs. These are predominantly woodland, but there are also significant areas of grassland, mosaic coastal and freshwater habitat types. The Council will work with key stakeholders to promote designing in wildlife schemes in order to obtain a gain in biodiversity, and ensuring any unavoidable impacts from development are appropriately mitigated against.

Sites of Special Scientific Interest (SSSIs)

8.6 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. Natural England 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.

8.7 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 value, and as such are designated as Special Areas of Conservation (SACs), Special Protection Areas (SPAs) or Ramsar sites. There are three SSSIs within the Rochford District as follows:

1. Hockley Woods SSSI - A site predominantly owned by the Council. The site is also of national importance due to its ancient woodland designation.

2. 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.

3. 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.

8.8 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 Public Service Agreement 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 has not been adequately conserved in the past, but the Council is working closely with Essex County Council, the Environment Agency, the Department for Environment Food and Rural Affairs (Defra), Natural England, Chelmsford Borough Council, Maldon District Council and the Crouch Harbour Authority to establish the Crouch and Roach Estuary Management Plan to remedy this situation.

Crouch and Roach

8.9 The Roach and Crouch estuaries 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.

8.10 The Crouch and Roach Estuary Management Plan has established 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.

Special Protection Areas (SPAs)

8.11 Rochford District has two sites that have been confirmed as SPAs, they are the Foulness (classified in 1996) and Crouch and Roach Estuaries (classified in 1998).

8.12 The Council will endeavour to avoid any significant pollution, disturbance to or deterioration of these designated sites.

Special Areas of Conservation (SAC)

8.13 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)

8.14 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.

Historical and Archaeological Sites

(3) 8.15 The District contains numerous sites of historical and archaeological interest in both rural and urban areas, for example:

• There are significant concentrations of prehistoric find spots between the settlements of Ashingdon and Hockley, and Ashingdon itself is an Early Saxon settlement;

• Land to the south of Great Wakering, where brick earth extraction has demonstrated continuous settlement from at least the Middle Bronze Age, also contains a number of important military remains dating from World War I and II including pillboxes, and anti-aircraft batteries;

• The historic core of the market town of Rochford is dominated by the many Listed Buildings and the surviving street pattern;

• A Motte and Bailey Castle lies just west of the medieval town of Rayleigh, which was constructed between 1066 and 1086 making it one of the earliest Norman castles in England.

8.16 The historic and archaeological importance of the District is further detailed within the Rochford District Historic Environment Characterisation Project.

Coastal Protection Belt

8.17 The undeveloped coast is one of the most important landscape assets of the District, matching the Special Landscape Areas. The District's coast and estuaries are of great importance recognised through national and international designations for their wildlife and natural habitats.

8.18 At the national level, Planning Policy Guidance 20 (PPG20 - Coastal Planning) provides guidance to Local Planning Authorities 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 national and international nature conservation designations.

8.19 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.

(4) Policy ENV2 - Coastal Protection Belt

The Council will:

• Protect and enhance the landscape, wildlife and heritage qualities of the coastline, recognising the implications of climate change and sea level rise, and the need for necessary adaptation;

• Prevent the potential for coastal flooding; erosion by the sea; and unstable land (e.g. land slips);

• Not permit development in coastal areas which are at risk from flooding, erosion, and land instability;

• Ensure that development which is exceptionally permitted does not adversely affect the open and rural character, historic features or wildlife;

• Ensure that development which must be located in a coastal location will be within the already developed areas of the coast.

Flood Risk

8.20 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. A Strategic Flood Risk Assessment (SFRA) has been produced for Thames Gateway South Essex area. This assesses the flood risks posed and outlines the main hazard zones in order to further aid the planning process.

8.21 The Environment Agency is working with other Local Authorities in Essex, including Rochford District, in the production of a Shoreline Management Plan. The Shoreline Management Plan will be a high level document that forms an important element of the strategy for flood and coastal erosion risk management. The Council will work with the Environment Agency to ensure that the District continues to be subject to an appropriate level of protection.

(3) 8.22 Flooding can result in significant damage to properties and threaten human life. To counteract these risks, Planning Policy Statement 25 (PPS25 - Development and Flood Risk) requires that flood risk is taken into account at all stages of the planning process. The Council will avoid inappropriate development by appraising, managing and reducing the risk in the areas prone to flooding.

(1) Appraising risk

The Council will apply the sequential test and direct development to areas least at risk of flooding. The Council 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's 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

PPS25 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. The Council 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, the Council is working closely with partners to safeguard the flood risk area.

(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 areas. 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 five techniques:

• Permeable pavement - The water passes through the surface to the permeable fill. This allows the storage, treatment, transport and infiltration of water.

• Green roofs and rainwater use - Green roofs can improve water quality and reduce the peak flow and the total volume discharged from a roof, and a way to increase biodiversity at the same time.

• Swales and basins - Swales are grassed depressions which lead surface water overland from the drained surface to a storage or discharge system, typically using the green space of a roadside margin.

• Infiltration trenches and filter drains - An infiltration trench is a shallow, excavated trench that has been filled with stone to create an underground reservoir.

• Ponds and wetlands - Ponds and wetlands can be designed to accommodate considerable variations in water levels during storms, thereby enhancing flood storage capacity.

Air Quality Management Areas

8.23 Air quality is affected by emissions from industrial and commercial activities, cars, airports, power stations, natural and domestic sources, within those, 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 counteract this.

8.24 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. Where an area is designated as an Air Quality Management Area (AQMA), the Council will consult local stakeholders and propose an Air Quality Action Plan for improving air quality in that area in particular.

8.25 In Rochford District, 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, the Council has factored such issues into the formulation of its policies, in particular those around housing locations.

8.26 The Council aims to reduce the carbon emissions produced by vehicles through encouraging the use of public transport and travel plans. The delivery of South Essex Rapid Transport (SERT) will be one of the potential possibilities. This initiative is detailed within the Transport chapter. SERT will link residential areas with employment, retail areas and stations and become an alternative mode of transport to the private car. This high quality, frequent and high-capacity service will emit fewer harmful emissions and help to minimise the impact on the District's air quality.

(1) 8.27 In 2008, the Council introduced the Car Share Scheme to its staff and will continue promoting travel plans in order to reduce cars in key junctions where air pollutants accumulate the most.

8.28 Where development proposals are likely to involve significant emissions into the air or where a sensitive development is proposed near an existing source of emissions, the Council will require the submission of appropriate details to enable a full judgement of the impact of the development to be made.

Renewable Energy

8.29 Addressing climate change is a major priority for the Council as evidenced by its inclusion within the Corporate Plan and Sustainable Community Strategy. One of the Council's 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 environs, but also for the global environment. The Council is keen to reduce impacts of development on the environment through a variety of measures as set out in the following sections of this chapter.

8.30 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 concern but the Council will endeavour to be supportive. The Council will refer to the Essex Landscape Character Assessment as a guideline, particularly in areas designated for their landscape and nature conservation value.

8.31 To balance nature conservation and the promotion of renewable energy, the Council 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.

(1) 8.32 The Council will encourage the development of small-scale renewable energy projects, where appropriate, including additions to residential properties; these projects and schemes (utilising technologies such as solar panels, photovoltaic cells, geothermal heat pumps and combined heat and power schemes) have the potential to make a positive contribution towards renewable energy provision. The use of biomass heating will not be supported as biomass-burning boilers can produce more pollution than a similar gas system and emit a number of pollutants including nitrogen dioxide (NO2), particles (PM) and sulphur dioxide (SO2).

(1) 8.33 The Council seeks to increase the proportion of renewable and low carbon energy generation within the District to reduce the consumption of fossil fuels and the District's carbon footprint. New development presents the opportunity to secure decentralised, renewable or low carbon energy sources such as on-site renewable energy generation technologies, which is relatively more cost effective to fit at the construction stage. Therefore new development presents the best opportunity to deliver such technologies.

8.34 The East of England Plan requires Local Planning Authorities to encourage developers to incorporate decentralised renewable or low carbon energy technologies to help achieve the Government's targets for reducing carbon emissions, and the Council's local policy is in line with its aims.

(1) 8.35 On-site renewable energy generation and low carbon energy generation have the potential to contribute towards a reduction in carbon emissions from the District, whilst also helping to reduce energy costs for future residents. The Council therefore supports the provision of on-site renewable and low carbon energy generation in new developments and will seek to secure its provision. The Council encourages developers of both residential and non-residential developments to incorporate on-site renewable energy technologies and low carbon energy technologies to provide a proportion of the developments energy requirements to reduce subsequent carbon emissions.

Code for Sustainable Homes/BREEAM

8.36 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 be incorporated into new development measures, along with other sustainability measures.

Code for Sustainable Homes

8.37 The Code for Sustainable Homes is a national standard for sustainable design and construction of new homes. Mandatory rating for all new social housing developments against the Code for Sustainable Homes comes into effect as from 1 May 2008 and from 2010 all new homes will have to comply with it.

8.38 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. 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 Government's aim is for 'carbon neutrality' to be achieved in relation to residential development by 2016.

8.39 The Code for Sustainable Homes provides an all-round measure of the sustainability of new homes, ensuring that 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.

BREEAM

8.40 It is important that all new non-residential 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.

8.41 BREEAM (Building Research Establishment Environmental Assessment Method) is the most widely used environmental assessment method for buildings. BREEAM covers a wide range of building types (e.g. BREEAM Offices, BREEAM Retail, BREEAM Industrial), which are assessed against a set criteria. There are four levels of rating (Pass, Good, Very Good and Excellent) for all non-residential developments to achieve.

8.42 The Council will require all non-residential developments to meet the relevant BREEAM assessment criteria. This is felt to be a more holistic approach than simply requiring a proportion of a development's energy to be generated from renewable sources, as it enables a far more proactive approach to carbon management and covers a wider range of issues other than just energy use.

8.43 Whilst the importance of building environmentally sound developments is acknowledged, the Council does 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 'Very Good' will be required.

Contaminated Land

8.44 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.

8.45 Legislation concerning contaminated land is discussed within Part IIA of the Environmental Protection Act 1990, which came into force on 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.

8.46 The Council is continuing to inspect the District in order to identify contaminated land, as outlined in the Contaminated Land Strategy (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. The Council will not resist the development of appropriate sites solely because of land contamination, as contaminated land can be remediated and made 'fit for purpose'.

8.47 In light of the Council's desire to encourage the reuse of brownfield sites over greenfield land, identifying and mitigating the impact of contaminated land is paramount.

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