Development Management DPD Preferred Policy Options Document

Ended on the 27 February 2012

4. Environmental Issues

Vision

Short Term

  • 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.

Medium Term

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

  • Conditions have been created which enables 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.

Long Term

  • 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.

Objectives

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

  2. Ensure development is directed away from the Coastal Protection Belt.

  3. 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. Work with the Environment Agency to maintain the District’s flood defences.

  5. 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

4.1 Many of the environmental issues facing the District are detailed within the Core Strategy, as these are considered to be of critical importance to the future sustainable development of the District. The Core Strategy explores the wide range of environmental challenges and opportunities faced within the District primarily through the protection and enhancement of the natural environment and reducing the environmental impact of new development.

4.2 The Core Strategy goes a long way to delivering the environmental objectives of the District, and the Council’s vision in this regard. The Core Strategy covers the following key environmental issues, including:

  • Local Wildlife Sites (LoWSs);

  • Sites of Special Scientific Interest (SSSIs);

  • The Crouch and Roach estuaries;

  • Special Protection Areas (SPAs);

  • Special Areas of Conservation (SAC);

  • Ramsar Sites (Wetlands of International Importance);

  • Historical and archaeological sites;

  • The Coastal Protection Belt;

  • Flood risk;

  • Air Quality Management Areas;

  • Renewable energy (including large and small scale renewable energy projects and on-site renewable and low carbon energy generation);

  • Code for Sustainable Homes;

  • BREEAM (Building Research Establishment Environmental Assessment Method); and

  • Contaminated land.

4.3 The Council is committed to improving the biodiversity and wildlife value of the District and to protect and enhance, where appropriate, local, national and international sites of nature conservation importance, as well as the Coastal Protection Belt. The importance of protecting local historical and archaeological sites is also recognised within the Core Strategy.

4.4 Some areas, particularly towards the less populated, rural east of the District are vulnerable to flooding. Flooding is therefore a key environmental issue which is addressed within the Core Strategy. Development will be directed away from areas most at risk of flooding (Flood Zone 2 and 3), as far as practicable, and flood risk will be appraised, managed and reduced in accordance with Planning Policy Statement 25 (PPS25 – Development and Flood Risk).

4.5 The Core Strategy also seeks to reduce the impact of new development on the District, for example through requiring the inclusion of sustainable drainage systems (SUDS) to reduce flood risk, the designation of air quality management areas (AQMAs), as appropriate, and encouraging the use of renewable energy technologies. Appropriate sustainable construction standards are required to ensure that schemes are deliverable through compliance with the Code for Sustainable Homes standard for new residential development and BREEAM assessment criteria for new non-residential development.

4.6 The remediation of contaminated land is important to ensure the deliverability and efficient and effective use of previously developed land in the District to meet government guidance and objectives. The Core Strategy therefore encourages the reuse of all brownfield sites including the remediation of contaminated land and the mitigation of potential risks to ensure the appropriate and efficient use of available land within the District.

4.7 This chapter covers more specific issues concerning the protection and enhancement of the local environment relating to the Crouch and Roach estuaries, trees, woodlands and other important landscape features and air quality.

Uses within the Natural Environment

Houseboats

4.8 The Crouch and Roach estuaries are ecologically important environs which encompass some of the most sensitive habitats within Rochford District. The national and international importance of the estuaries is detailed within the Core Strategy. The estuaries are therefore significant habitats for wildlife and are a valuable environment of ecological significance, which the Council wants to protect from any undue disturbance that may not have a positive effect. Further information on the constraints surrounding the Crouch and Roach estuaries can be found in the Council’s Strategic Environmental Assessment Baseline Information Profile. Permanent houseboats have the potential to have a negative impact on these sensitive environments.

4.9 Houseboats which have a permanent mooring are considered to be a form of residential development within the District, because the occupation of such dwellings would require the implementation of infrastructure necessary for permanent occupation, which is associated with traditional permanent housing, including roads, car parks and toilets. This would not only impact on the wildlife and the nature conservation importance of the estuaries, but also undermine the Council’s housing strategy, because the Council promotes the development of residential dwellings within sustainable locations with good access to local services and community facilities. Such development would also conflict with the Council’s Green Belt policy, and is unlikely to be considered appropriate.

Draft Policy DM23 – Houseboats

Permanent moorings of houseboats are not normally considered to be appropriate within the Rivers Crouch and Roach and their estuaries, creeks and tributaries, but will be considered favourably if it can be demonstrated that they will not have a negative impact on the:

  • Conservation or wildlife value of the rivers which fall within a designated Ramsar site; Special Areas of Conservation; Special Protection Areas or Sites of Special Scientific Interest, Marine Conservation Zones or other nature conservation interests;
  • Coastal Protection Belt;
  • Openness of the Green Belt;
  • Conservation Areas and the wider historic environment;
  • Visual amenity of the area;
  • Water and air quality; and
  • Other users of the estuaries;

Permanent moorings and associated infrastructure, where permitted, should not cause disturbance or pollution to the surrounding environment and should not adversely impact on the appearance of the local area, the objectives of the Green Belt or the commercial or leisure use of the rivers and surroundings.

Where planning permission is granted for the mooring of houseboats, the Council will require the applicant to enter into a legal agreement for the removal and disposal of any vessel so moored if it subsequently sinks, or becomes unfit for habitation, derelict or is otherwise abandoned.

Nature Conservation

Trees and Woodlands

4.10 Trees (both individual and groups including linear tree belts and plantations) and woodlands provide a wide range of economic, social and environmental benefits 16. There are 14 areas of Ancient Woodland in the District, predominantly clustered around the settlement of Hockley. Ancient Woodland in England, as set out in the ‘Standing Advice for Ancient Woodland’17 by Natural England, is an area of woodland that has been wooded continuously since at least 1600 AD. However, continuously wooded in this context does not require there to have been a continuous physical cover of trees and shrubs across the entirety of a site. Open space, both temporary and permanent, is an important component of woodlands. Hockley Woods is a large expanse of Ancient Woodland located within the Upper Roach Valley and is an important ecological, as well as recreational, resource. The location of Ancient Woodland in the District, as well as in neighbouring local authority areas in proximity to the District’s boundary, is set out in the Strategic Environmental Assessment Baseline Information Profile. There are also numerous pockets of other woodland throughout the District which are of local importance, many of which are designated as Local Wildlife Sites or areas of public open space. Some individual or groups of trees are protected through Tree Preservation Orders or TPOs 18.

4.11 Development which would result in the loss or deterioration of groups and/or individual trees of local importance should be avoided (even if they are not afforded a nature conservation designation). Where this is unavoidable, appropriate mitigation measures to offset any detrimental impact will be sought through replacing those lost or damaged of equivalent value. Aged or veteran trees in particular should be conserved, although the conservation of individual trees (whether younger or not) should be determined on their individual merits.

4.12 The loss or deterioration of ancient woodland and/or other woodlands as a result of development should be avoided (even if areas of woodland are not afforded a nature conservation designation). The conversion of woodland to other land uses will be resisted unless there are overriding public and ecological benefits. Woodland unavoidably lost to development or damaged should be replaced with new woodland of at least equivalent area and composition, preferably in the same landscape character area.

4.13 Woodland cover in the District should be increased through protecting and achieving better management of existing woodland, and promoting new planting where this is consistent with landscape character. The different landscape characters and their differing habitats, as defined within the Green Belt chapter of this preferred policy options document, and the findings of the Rochford District Historic Environment Characterisation Project (2006) should be taken into consideration. The biodiversity targets set out in the most up-to-date local biodiversity strategy (the Rochford Biodiversity Action Plan or BAP) should also be considered.

(1) Draft Policy DM24 – Trees and Woodlands

Development should seek to conserve and enhance existing trees and woodlands. Where development would result in the loss or deterioration of existing trees and/or woodlands, then appropriate mitigation measures should be implemented to offset any detrimental impact through the replacement of equivalent value and/or area as appropriate. Consideration should be given to the impact on landscape character when considering the potential loss of trees and/or woodland, and the replacement of these.

New woodland creation should be sought, where appropriate. In particular this should be encouraged within:

  • schemes for the restoration of derelict or contaminated land and sites formerly used for mineral-extraction or industry;
  • green infrastructure projects, particularly in areas where sustainable development is promoted;
  • planting schemes along transport corridors; and
  • schemes to expand and link areas of native woodland taking into account the most up-to-date Rochford Biodiversity Action Plan targets.

Conditions will also be attached to planning permissions to encourage the proper management of these important trees and woodlands, where appropriate. In addition to, or instead of, the completion of a legal agreement will be required to secure the provision of a replacement trees and woodlands of equivalent value and/or area as appropriate, and to ensure the future management of these features.

Other Important Landscape Features

4.14 Existing landscape features such as ponds, hedgerows and tree belts have a vital role to play both in supporting local biodiversity and contributing to the quality and appearance of the local environment. Some important hedgerows are also protected by the Hedgerow Regulations 19.

4.15 The Council will require developers to integrate existing features such as these into development schemes and to provide replacement features, using appropriate native species, in cases where the removal of existing features proves unavoidable. Developers must have regard to the different landscape characters and their differing habitats as defined within the Green Belt chapter of this preferred policy options document and the findings of the Rochford District Historic Environment Characterisation Project (2006).

4.16 On-site environmental enhancements including opportunities to create/enhance/restore habitats will be sought to improve the ecological value of the development site.

(4) Draft Policy DM25 – Other Important Landscape Features

When considering proposals for development, it must be shown that consideration has been given to the landscape character of the area and the findings of the Rochford District Historic Environment Characterisation Project (2006).

The Council will protect the following landscape features when considering proposals, where they are of importance for fauna and flora, from loss or damage:

  1. Hedgerows;
  2. Semi-natural grasslands;
  3. Marshes;
  4. Watercourses;
  5. Reservoirs;
  6. Lakes;
  7. Ponds; and
  8. Networks or patterns of other locally important habitats.

Development which would adversely affect, directly or indirectly, the landscape features listed above will only be permitted if it can be proven that the reasons for the development outweigh the need to retain the feature and that mitigating measures can be provided for, which would reinstate the nature conservation value of the features.

Where a particular landscape feature is of ecological or landscape importance and should be retained, planning permission will be conditioned to ensure the retention and continued maintenance/management, where appropriate, of this landscape feature. On-site environmental enhancements including opportunities to create/enhance/restore habitats will also be sought.

Conditions will also be attached to planning permissions to encourage the proper management of these important landscape features, where appropriate. In addition to, or instead of, the completion of a legal agreement will be required to secure the provision of a replacement landscape feature of equivalent value, and to ensure the future management of this feature.

Environmental Protection

Air Quality

4.17 Air pollution can have wide ranging impacts on human health and the natural environment, and it is the responsibility of the Local Authority to monitor local air quality, develop action plans and designate Air Quality Management Areas (AQMAs). Further information can be found in ‘Air Quality and Climate Change: Integrating Policy Within Local Authorities’ 20 produced by Environmental Protection UK.

4.18 Air quality, specifically particulate matter (PM10) and Nitrogen Dioxide (NO2), is monitored at 10 significant road junctions throughout the District. In some instances the levels recorded have the potential to exceed national air quality targets. Where this is the case the need to designate an AQMA is then considered.

4.19 New development, as proposed in the Core Strategy, if not managed appropriately has the potential to have an adverse impact on air quality through increased transport movements and congestion at potentially significant road junctions. A potentially significant road junction is a junction identified by the Environmental Health Team as being such, based on air quality monitoring. In isolation a development may not have a significant impact on local air quality ‘hot spots’ but in conjunction with a neighbouring development, there may be a cumulative negative effect on air quality levels. Whilst an earlier development may decrease air quality but within acceptable levels, a later development may decrease air quality beyond this acceptable level. It is therefore appropriate that the cumulative and proportional impact of any development on local air quality should be considered in the determination of planning applications.

4.20 Air quality assessments will be required to accompany all major planning applications to assess the cumulative impact on local air quality. The guidance produced by Environmental Protection UK in ‘Development Control: Planning for Air Quality (2010 Update)’21, or the most up to date guidance, should be referred to in the development of air quality assessments. Planning obligations should be sought to either mitigate the impact of development on local air quality or support the future monitoring of potentially significant road junctions, as appropriate. The approach taken should be proportional with the scale of the development and should be determined in consultation with the Council’s Environmental Health team.

Draft Policy DM26 – Air Quality

Alongside the provision of transport assessments, major developments will be required to submit an air quality assessment with their planning application to determine the potential cumulative impact of additional transport movements on potentially significant road junctions. This assessment should be produced having regard to the guidance developed by Environmental Protection UK.

Planning permission may be conditioned to contribute proportionately to offset the impact of the development on local air quality (either through mitigation or supporting future air quality monitoring). This should be determined in consultation with the Council’s Environmental Health team.


16 Realising the benefits of trees, woods and forests in the East of England (A Woodlandforlife Publication) available from www.woodlandforlife.net/PDFs/WFL_RealisingtheBenefits.pdf 17 Standing Advice for Ancient Woodland (Issued 23 February 2011) available from www.naturalengland.org.uk/Images/aw_standing_advice_tcm6-25315.pdf 18 Information on Tree Preservation Orders available from www.rochford.gov.uk/environment/wildlife_and_trees/tree_preservation.aspx 19 Information on the Hedgerow Regulations available from www.rochford.gov.uk/environment/wildlife_and_trees/hedgerow_regulations.aspx 20 ‘Air Quality and Climate Change: Integrating Policy Within Local Authorities’ available from
www.environmental-protection.org.uk/assets/library/documents/Air_Quality__Climate_Change_Report.pdf 21 ‘Development Control: Planning for Air Quality (2010 Update)’ available from
www.environmental-protection.org.uk/assets/library/documents/Air_Quality_Guidance_2010_(final2).pdf
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