1.1 What is an Area Action Plan?

Thank you for consulting The Coal Authority on the above.

Having reviewed your document, I confirm that we have no specific comments to make on this document at this stage.

We look forward to receiving your emerging planning policy related documents; preferably in an electronic format. For your information, we can receive documents via our generic email address planningconsultation@coal.gov.uk, on a CD/DVD, or a simple hyperlink which is emailed to our generic email address and links to the document on your website.

Alternatively, please mark all paper consultation documents and correspondence for the attention of the Planning and Local Authority Liaison Department.

Should you require any assistance please contact a member of Planning and Local Authority Liaison at The Coal Authority on our departmental direct line (01623 637119).

Rayleigh Town Centre Area Action Plan - Issues and Options.

Thank you for consulting the Environment Agency regarding the Rayleigh Town Centre Area Action Plan - Issues and Options (September 2009) Consultation Document. The document represents an early stage in the production of the Area Action Plan (AAP) which aims to create a framework for development sites and planning policies in a specific area. We have reviewed the information contained within the consultation document and offer the comments as set out below.


Drainage/ Sustainable Drainage Systems (SUDS)

Figure 1 of the AAP depicts the Rayleigh Town Centre study area boundary. Based upon this boundary the study area is shown to be located solely within Flood Zone 1, the low probability zone, as defined in table D.1 of Planning Policy Statement (PPS) 25.

The policy aim for Flood Zone 1 as detailed in PPS25 is for developers and local authorities to seek opportunities to reduce the overall level of flood risk in the area. Opportunities include through the layout and form of development and through the use of Sustainable Drainage techniques.

Sustainable Drainage Systems (SUDS) are a sequence of management practices and control structures designed to drain surface water in a sustainable manner. The benefits to be gained from the implementation of SUDS should be considered and this approach is encouraged in PPS25. These techniques can be used to provide a method for attenuating runoff that could otherwise lead to flooding. Sustainable drainage systems also improve water quality and offer amenity and biodiversity benefits.

Surface water arising from a development site should, as far is practicable, be managed in a sustainable manner to mimic surface water flows arising from the site prior to development, while reducing flood risk to the site itself and elsewhere.


Density of Development

To date we have received no information on the proposed density of development being proposed for the possible opportunity areas/spatial options put forward within the AAP consultation document. We request this further detail on development density is provided in view of the findings of the Essex Thames Gateway Water Cycle Study Scoping Report carried out by Scott Wilson.

The Report identifies that in terms of water resources, Essex and Suffolk Water are currently operating at a demand-supply deficit during dry years and that, although the approval of the Abberton reservoir scheme will largely alleviate these problems in the future, the deficit will remain until this scheme comes online in 2014. The Scoping Report therefore recommends that, as well as seeking high levels of water efficiency in new and existing developments, new development is phased up to 2014. This needs to be considered in relation to when sites are to be brought forward for development.

New development being put forward in the AAP as potential options, for example major mixed-use redevelopment including residential development in the town centre, will result in more demand for water along with greater wastewater volumes. Whilst the Essex Thames Gateway Water Cycle Study Scoping Report has not raised capacity concerns at the Wastewater treatment works (WwTW) at Rayleigh East or West it should be ensured that any further development and associated increases in wastewater volumes does not result in a deterioration of water quality in nearby watercourses under the Water Framework Directive (WFD). To illustrate this point, if wastewater is treated at Rayleigh East WwTW then any treated water will then be discharged into the Eastwood Brook. The Eastwood Brook currently has a status of 'Moderate' under the Water Framework Directive with issues having already been highlighted and options for mitigation being explored as part of the Water Cycle Study. It is therefore necessary to clarify the potential for further significant development to exacerbate the water quality of nearby watercourses.

Sustainability

With further information becoming available on the impacts of climate change it is important that consideration is given to the sustainability of any proposed development proposed within the AAP. All developments should be carried out in as sustainable manner as possible. With this in mind, the highest possible standards of sustainable construction and design must be incorporated into developments. This would be in line with the objectives of Planning Policy Statement 1.

Development should seek to minimise the use of resources and the production of waste by incorporating, for example, passive systems using natural light, air movement and thermal mass. High levels of energy and water efficiency must also be ensured.

Further ideas can be obtained from the Communities and Local Government publication, 'Code for Sustainable Homes' issued in December 2006 which details building practice for sustainable developments and introduces minimum requirements for both water and energy efficiency for every different rating, as well as minimum requirements for materials, surface water run-off and waste. The Code is designed to assist in achieving Government's objectives for achieving zero carbon emission developments by 2016 as set out in "Building a Greener Future: Towards Zero Carbon Development". This will be achieved in a three step process: by 2010 the Government would like to see a 25% improvement in the carbon/energy performance set by building regulations, this will increase to 44% by 2013 and the final target is zero carbon in 2016.

Increased water efficiency within developments will directly reduce consumer water and energy bills and reduce carbon dioxide emissions. We therefore seek that all residential developments across the Thames Gateway area are designed to use less than 95 litres/head/day of water, which is in excess of Code for Sustainable Homes Level 4.


Biodiversity

A number of the options detailed in the AAP give consideration to tree planting and landscaping as ways of enhancing the appearance of the town centre area. We support opportunities for improving green corridors along footpaths and cycle paths as this offers a real chance to improve these corridors for wildlife migration. Opportunities for planting native tree species along new corridors should be pursued in order to improve biodiversity.


Contamination

Contamination should be considered at this stage in case some of the sites considered under the spatial options in the AAP are affected by contamination as a result of former uses. Planning Policy Statement (PPS) 23: Planning and Pollution Control takes a precautionary approach to contamination as part of the planning process. Table 2.1 of PPS23, Annex 2, includes certain former land uses where contamination should be assumed (on a precautionary basis) on all land subject to or adjacent to these previous uses.

As and when sites identified within the AAP are brought forward for development, if the sites former use is listed in table 2.1 of PPS23, Annex 2, then as a minimum, a desktop study should be completed and submitted as part of a planning application. This study must include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information, a Conceptual Model (diagrammatical representation) for the site must be produced to illustrate all potential contaminant sources, pathways and receptors in order to fully assess the risk posed to the site.

If the desktop study identifies that contamination may be a problem, a full site investigation should be completed and submitted along with a risk assessment and remediation Method Statements.

I trust our comments will be useful in progressing this document. If you do have any questions then please do not hesitate to contact me.

Thank you for your letter of 30 November advising of the publication of the Rayleigh Area Action Plan - Issues and Options consultation, and seeking comments by 30 January.

The Highways Agency has no comments to make on the consultation document.