(13)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 the NPPF.

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 For the purposes of this Plan, a “houseboat” is a boat which is not primarily used for navigation, and is kept on a river or its estuaries, creeks and tributaries, or other natural or man-made waterways such as lakes, long term for residential use. Houseboats require planning permission.

4.9 The Rivers Crouch and Roach and their estuaries, creeksand tributaries are ecologically important environs which encompass some of the most sensitive habitats within Rochford District. The national and international importance of those is detailed within the Core Strategy. They are therefore significant habitats for wildlife and are a valuable environment of ecological significance, which the Council will protect from any undue disturbance or pollution. Further information on the constraints surrounding the Rivers can be found in the Council's Strategic Environmental Assessment Baseline Information Profile. The presence of houseboats has the potential to have a negative impact on these sensitive environments, through disturbance.

4.10 Houseboats which have permanent moorings 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 the continuance ofoccupation, not only that which is associated with traditional permanent housing, including pedestrian and vehicle access roads, car parks and toilets, but also fuel stores, jetties and access structures. Such development would not only impact on the wildlife and the nature conservation importance of the Rivers, 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.

4.11 The rivers in the District are used for both commercial and leisure activities. It is important that the right of navigation on the rivers for both leisure and commercial users is protected. Whilst this is not directly a matter for the Local Planning Authority, it is nevertheless important that development (including houseboats) does not impede the safe and efficient navigation of the rivers. The Local Planning Authority will consult the Crouch Harbour Authority on applications for houseboats. Applicants for houseboats should be mindful that, in addition to planning permission, all vessels used for residential purposes within the harbour (which includes marinas, boatyards, creeks, mud berths etc.) are required by Crouch Harbour Act 1974 to be licensed by Crouch Harbour Authority. The Crouch Harbour Authority has the power to remove and/or destroy any vessel being used in contravention to this requirement. Applicants should also be aware that Crouch Harbour Authority byelaws prohibit the obstruction of the Fairway¹⁴.

4.12 Disused houseboats, where a past residential use has been abandoned, have the potential to be of significant detriment to the visual amenity of the locality. 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

4.13 Trees (both individual and groups including linear tree belts and plantations) and woodlands provide a wide range of economic, social and environmental benefits¹⁵. 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’¹⁶ 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 TPOs¹⁷.

4.14 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.

4.15 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.

4.16 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 Plan, 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.

Other Important Landscape Features

4.17 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 Regulations¹⁸.

4.18 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 Plan and the findings of the Rochford District Historic Environment Characterisation Project (2006).

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

Species and Habitat Protection

4.20 The Rochford Core Strategy seeks to steer development away from areas of ecological interest and wildlife habitats. However, individual sites within wider areas not specifically designated as being of ecological importance can still be important wildlife habitats in their own right. Brownfield, as well as greenfield sites, have the potential to be rich in biodiversity and home to wildlife.

4.21 Certain species of plants and animals, including bats, badgers, the common lizard, great crested newt and slow worm, are statutorily protected by national and international legislation. The presence of a protected species is a material consideration in the determination of planning applications. Natural England is the authority responsible for providing advice on protected species and for licensing survey work, species management and translocation schemes. Important habitats, such as Sites of special Scientific Interest (SSSIs) and Ramsar sites are also protected through legislation, and are given due consideration in the planning process.

4.22 However, priority species and habitats identified under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 should also be taken into consideration when making decisions to ensure that biodiversity is conserved where possible. The Section 41 list includes 56 habitats and 943 species of principal importance which can be found in England (this list is based on the 2007 UK Biodiversity Action Plan list of priority species and habitats). These species and habitats are identified as conservation priorities within the UK Post-2010 Biodiversity Framework.

4.23 In additional there are Local Biodiversity Action Plans, which address the needs of the UK priority habitats and species in the local area, together with a range of other plans for habitats and species that are of local importance or interest. There are Local Biodiversity Action Plans for Rochford District and Essex County that are relevant to development in the District, and should be had regard to in considering planning proposals.

4.24 Nature conservation bodies, including Natural England and the Essex Wildlife Trust, should be consulted, where appropriate, to obtain detailed advice and guidance on priority species and habitats.

4.25 Where it is evident that a proposal could affect a protected species or habitat, the Local Planning Authority will require that a satisfactory ecological survey of the site, as agreed by Natural England, be carried out to allow proper consideration of the proposal. Any permission granted will be subject to conditions and/or a legal agreement setting out measures required to mitigate the impact of the proposed development.

Sustainable Drainage Systems

4.26 Flooding can have a significant impact on communities, through risk of damage to properties and loss of human life. The strategic approach to development and flood risk in the District is set out in the Core Strategy; Policy ENV3 (Flood Risk) and Policy ENV4 (Sustainable Drainage Systems).

4.27 Any proposal that will increase the flood risk will be required to be accompanied by a flood risk assessment to consider the level of risk posed and the intended mitigation and management measures. The Local Planning Authority will also seek to ensure that development does not adversely affect the water catchments of existing watercourses.

4.28 One potential cause of flooding is surface water flooding, which occurs when the local drainage system is unable to cope with the amount of rainfall.

4.29 Surface water run-off from new development can lead to an increased risk of flooding, however, Sustainable Drainage Systems (SUDs) offer an alternative approach to drainage within developed areas. The Core Strategy states that SUDs will be required to be incorporated into all residential schemes of more than 10 units. However, there may still be occasions where smaller developments have the potential to give rise to concerns in respect of surface water flooding, particularly in areas that have been identified as being susceptible to such flooding, including through Surface Water Management Plans. Other instances where there may be a perceived risk of surface water flooding include where historical instances of such flooding have been documented.

4.30 Essex County Council is the authority responsible for the determination of planning applications for SUDs.

4.31 SUDs can help to reduce flooding by controlling surface water run-off as close to the source as possible, before the water enters the watercourse. Such systems can also protect water resources and improve wildlife interests of developments.

4.32 There are a number of sustainable drainage options available, such as green roofs, rainwater use, and permeable surfaces, although the suitability of each technique would depend on a number of factors including site size and geology.

4.33 Such measures should be employed at all available opportunities and incorporated into development schemes of 10 units or fewer, unless it can be demonstrated that this would be unviable (in addition it should be noted that Core Strategy Policy ENV4 requires developments of 10 units or more to incorporate SUDS). In any event, the Environment Agency, the Local Planning Authority and the local Highway Authority should be consulted at the earliest possible stage.

Environmental Protection

Air Quality

4.34 Air pollution can have wide-ranging impacts upon human health and the natural environment. It is the responsibility of the Local Authority to monitor local air quality and, where air of poor quality is found, to designate an Air Quality Management Area (AQMA) and develop an action plan to improve it. Further information can be found in ‘Air Quality and Climate Change: Integrating Policy Within Local Authorities¹⁹’ produced by Environmental Protection UK.

4.35 Air quality, specifically with regard to nitrogen dioxide (NO2), is monitored at 11roadside locations across the district including Rochford and Rayleigh town centres. Particulate matter (PM10) is also being monitored at Rawreth Industrial Estate because of the AQMA that has been designated there. 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.

4.36 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.

4.37 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)’²⁰, 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.

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¹⁴ The Fairway is the channels shown on the Admiralty Chart of the area in force for the time being as being accessible to vessels of maximum draft able to navigate safely between the Horse Shoal buoy in the East and No. 15 Fairway buoy in the West of the River Crouch and between No.1 buoy in the North East and No.3 buoy in the South West of the River Roach. ¹⁵ 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 ¹⁶ Standing Advice for Ancient Woodland (Issued 23 February 2011) available from www.naturalengland.org.uk/Images/aw_standing_advice_tcm6-25315.pdf ¹⁷ Information on Tree Preservation Orders available from www.rochford.gov.uk/environment/wildlife_and_trees/tree_preservation.aspx ¹⁸ Information on the Hedgerow Regulations available from www.rochford.gov.uk/environment/wildlife_and_trees/hedgerow_regulations.aspx ¹⁹ ‘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 ²⁰ ‘Development Control: Planning for Air Quality (2010 Update)’ available from www.environmental-protection.org.uk/assets/library/documents/Air_Quality_Guidance_2010_(final2).pdf