Issues and Options Document

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.

Dear Sir/Madam

Rochford local plan - Issues and Options

Thank you for the opportunity to consider your issues and options document produced as part of your new local plan. We have provided comments related to our remit.

Section 6 - Delivery homes and jobs

We welcome option A, supporting the effective use of brown sites, provided they are not of high environmental value. The justification for such a policy should set out how the local authority will deal with any contamination issues to ensure the protection of human health, ecological systems, property and the environment. The policy should refer to a tired approach to the development of contaminated land which meets good practice (CLR 11). We suggest the policy which outlines the steps to be taken for dealing with contamination, as detailed below

 A preliminary Risk Assessment (PRA) which has identied all previous uses and contaminants associated with those uses. A conceptual model of the site identifying sources, pathways and receptors and any unacceptable risks arising from contamination at the site.

 A site investigation and detailed assessment of risk to all potential receptors both on and off the site.
 An options appraisal and remediation strategy giving details of remediation measures proposed and how they will be undertaken.
 A verification report demonstrating completion of the remedial works.

Section 6.6.1.- Gypsy, Travellers and Travelling Showpeople

We feel this section should include the flood risk posed to pitches that maybe occupied by Gypsies, Travellers and Travelling Showpeople. Caravans, mobile homes and park homes intended for permanent residential use are classed as Highly Vulnerable. 'Highly vulnerable' development should not be permitted in Flood Zone 3 and the Exception Test is required in Flood Zone 2. If users of the development function as residents rather than holiday makers, in the event of a flood, they may have no other place of residence available and could lose all of their possessions. You should consider the flood zone 'compatibility' in accordance with Table 3 of the PPG.

Section 6.79 - Houseboats and Liveaboards

We feel that the houseboat section should include information in regards to flood
risk.
Although boats are water compatible, if the use of the boat is to be residential we
would then classify the development use as 'More Vulnerable'. Table 3 of the PPG
makes clear that this type of development is not compatible with Flood Zone 3b and
should not therefore be permitted. However if LPA confirmed they would classify
houseboats as 'water compatible' we would review our position.

We feel this section should also consider the pollution potential of houseboats. Our
main concern with the use of houseboats is the potential for waste water (including
but not limited to sewage) being discharged from boats into the environment. The
nutrients therein have the potential to cause deterioration of the water quality and
have a knock-on impact on the ecology and wildlife. We therefore ask that any policy on houseboats seeks to ensure that waste water is disposed of by a method other than direct discharge, and that it is passed through appropriate treatment before discharge to the environment. Protection of environmentally sensitive areas are identified within the plan but it should be noted that the Crouch and Roach estuaries are used for shellfish cultivation which is reliant on good water quality. A
deterioration in water quality could impact on this business and so houseboats in
these locations could have a particular impact.

Section 8 - Delivering Infrastructure - Waste Water

We feel that the plan should include recognition of the importance of waste water
infrastructure. We would recommend liaison with water companies and ourselves
throughout the plan period to ensure adequate capacity is available. Water
resources; security of supply in this zone remains at 100% according to the latest
update to Essex and Suffolk Waters WRMP. However, a new WRMP is currently at
draft stage, and plans should be checked against this document as soon as it
becomes available.

Southend and Rayleigh East Water Recycling Centres (WRC) are over capacity with
regards to their permit. Rayleigh West and Rochford have considerable capacity
remaining, so it is recommended that, in the short term, development be planned to
go to these two WRC. In the longer term we would strongly suggest remaining in
regular touch with Anglian Water regarding the preferred locations for development
and the possibility of upgrade works at Rayleigh East and Southend. The LPA
should be aware that Anglian Water are reluctant to commit to upgrades until there is development firmly planned, but that can take up to 10 years.

Section 8 - Water and Flood Risk Management

We welcome the reference to the Thames Gateway South Essex Flood Risk
Assessment (SFRA) and the South Essex SWMP. These are useful supporting
documents to understand the potential impacts on the flood risk management
infrastructure.
The DEFRA document "Flood and Coastal Resilience Partnership Funding - DEFRA
policy statement on an outcome-focused, partnership approach to funding flood and
coastal erosion risk management" is another useful document to support evidence
base with regard to funding deliverability of new and replacement flood defence
infrastructure. This document could be used to enhance the flood risk management
policy.
We continue working in partnership with Rochford Distric Council and the local Flood
Risk Management Authorities (RMA's) including and the local communities on
developing flood alleviation schemes for both fluvial and surface water flooding in
Rochford. These are discussed at the District Council led Rochford Flood Forum and
the Community Action Group meetings. Any additional partnership funding that could be generated from new development will help to enhance and accelerate their
delivery.

The proposed new development allocations should ensure that where possible
development does not impact on the Main Rivers of Crouch, Roach and their
associated tributaries and their modelled floodplains. As highlighted in the new Local
Plan development in areas should be located in Flood Zone 1 (low probability) less
than 1 in 1000 year (<0.1%) of fluvial flooding. This ensures that development is
sustainable and compliant with the principles of National Planning Policy Framework
(NPPF). It should contribute and minimise the risk of river flooding and flood
inundation to existing and future development in major conurbations in Rochford
District.
For all new development proposals there must be a robust application of the National Planning Policy Frameworks (NPPF) Sequential Test to avoid development in areas of flood risk wherever possible and to maintain the function of these land areas for natural processes. Any new proposals relating to flood defence schemes should draw on the guidelines highlighted in the attached documents.
Any development allocations highlighted in Local Development Plan should be
appropriately located according to the requirements of the National Planning Policy
Framework (NPPF) and any proposals in Flood Zone 3 highlighted blue on the
attached plan will be required to pass the Exception Test in the NPPF.
Any works associated with the development in, over, under or within 8m byelaw
distance of the "Main Rivers" may need our formal permit.

We believe the water and flood risk management section should also consider the
following points which are relevant to all proposed developments and whose
inclusion would enhance policy.

General Flood Risk Comments

All development proposals within the Flood Zone (which includes Flood Zones 2 and
3,as defined by the Environment Agency) shown on the Policies Map and Local
Maps, or elsewhere involving sites of 1ha or more, must be accompanied by a Flood
Risk Assessment.

Planning Practice Guidance (PPG)

The Local Plan should apply the sequential test and use a risk based approach to
the location of development. The plan should be supported by a Strategic Flood risk
Assessment (SFRA) and should use the NPPF Planning Practice Guidance (PPG).
The PPG advises how planning can take account of the risks associated with
flooding and coastal change in plan-making and the planning application process.
The following advice could be considered when compiling the Local Plan to ensure
potential development is sequentially sited or if at flood risk it is designed to be safe
and sustainable into the future.

Sequential Approach

The sequential approach should be applied within specific sites in order to direct
development to the areas of lowest flood risk. If it isn't possible to locate all of the
development in Flood Zone 1, then the most vulnerable elements of the development should be located in the lowest risk parts of the site. If the whole site is at high risk (Flood Zone 3), an FRA should assess the flood characteristics across the site and direct development towards those areas where the risk is lowest.

Finished Floor Levels

We strongly advise that proposals for "more vulnerable" development should include
floor levels set no lower than 300 millimetres above the level of any flooding that
would occur in a 1% (1 in 100) / 0.5% (1 in 200) Annual Exceedence Probability
(AEP) flood event (including allowances for climate change). We are likely to raise
an objection where this is not achieved in line with Paragraphs 060 of the NPPF's
Planning Practice Guidance which advises that there should be no internal flooding
in more vulnerable developments from a design flood.
We recommend "less vulnerable" development also meet this requirement to
minimise disruption and costs in a flood event. If this is not achievable then it is
recommended that a place of refuge is provided above the 0.1% AEP flood level.

Safe Access

During a flood, the journey to safe, dry areas completely outside the 1% (1 in 100) /
0.5% (1 in 200) AEP flood event, including allowances for climate change, should not involve crossing areas of potentially fast flowing water. Those venturing out on foot in areas where flooding exceeds 100 millimetres or so would be at risk from a wide range of hazards, including, for example; unmarked drops, or access chambers
where the cover has been swept away. Safe access and egress routes should be
assessed in accordance with the guidance document 'FD2320 (Flood Risk
Assessment Guidance for New Developments)'. We would recommend that you
refer your SFRA which has produced hazard maps following a breach/overtopping of
the defences?

Emergency Flood Plan

Where safe access cannot be achieved, or if the development would be at residual
risk of flooding in a breach, an emergency flood plan that deals with matters of
evacuation and refuge should demonstrate that people will not be exposed to flood
hazards. The emergency flood plan should be submitted as part of a FRA and will
need to be agreed with yourselves. As stated above refuge should ideally be located
300mm above the 0.1% AEP flood level including allowances for climate change. If
you do produce a flood safety framework as mentioned above, it will be important to
ensure emergency planning considerations and requirements are used to inform it.

Flood Resilience / Resistance Measures

To minimise the disruption and cost implications of a flood event we encourage
development to incorporate flood resilience/resistance measures up to the extreme
0.1% AEP climate change flood level. Information on preparing property for flooding
can be found in the documents 'Improving the Flood performance of new buildings'
and 'Prepare your property for flooding'.

Betterment

Every effort should be made by development to improve the flood risk to the local
area, especially if there are known flooding issues. Opportunities should also be
taken to provide environmental enhancements as part of the design, for example
naturalising any rivers on the site with a buffer zone on both sides.

Increases in Built Footprint (excluding open coast situations)

When developing in areas at risk of flooding consideration should be given to
preventing the loss of floodplain storage. Any increase in built footprint within the 1% AEP, including allowances for climate change, flood extent will need to be directly compensated for to prevent a loss of floodplain storage. If there are no available areas for compensation above the design flood level and compensation will not be possible then a calculation of the offsite flood risk impacts will need to be
undertaken. If this shows significant offsite impacts then no increases in built
footprint will be allowed. Further guidance on the provision of compensatory flood
storage is provided in section A3.3.10 of the CIRIA document C624.

Climate Change

The Environment Agency guidance 'Flood risk assessments: climate change
allowances' should be used to inform the spatial distribution of growth and the
requirements of Flood Risk Assessments (FRA) for individual applications.
The National Planning Practice Guidance provides advice on what is considered to
be the lifetime of the development in the context of flood risk and coastal change.
The 'Flood risk assessments: climate change allowances' guidance provides
allowances for future sea level rise, wave height and wind speed to help planners,
developers and their advisors to understand likely impact of climate change on
coastal flood risk. It also provides peak river flow and peak rainfall intensity
allowances to help planners understand likely impact of climate change on river and
surface water flood risk. For some development types and locations, it is important to assess a range of risk using more than one allowance. Please refer to this guidance.
https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances.
This advice updates previous climate change allowances to support NPPF and may
result in flood extents being greater than they have been in the past. This does not
mean out flood map for planning has changed, as these maps do not consider
climate change, but fluvial flood maps that may have been produced as part of
SFRAs and other flood risk studies may be out of date. FRAs submitted in support
of new development will need to consider the latest climate change allowances.

Environmental Permit for Flood Risk Activities

An environmental permit for flood risk activities may be required for work in, under,
over or within 8 metres (m) from a fluvial main river and from any flood defence
structure or culvert or 16m from a tidal main river and from any flood defence
structure or culvert.
Application forms and further information can be found at:
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone
carrying out these activities without a permit where one is required, is breaking the
law.
The Local Plan should consider this when allocating development sites adjacent to a
'main river'. A permit may be required and restrictions imposed upon the work as a
result in order to ensure the development does not have a detrimental impact upon
the environment and flood risk.

Sustainable Drainage Systems (SUDS)

We agree with the promotion of the use of SUDS within the policy on all
developments where geological conditions permit. However in order to ensure the
protection of the water environment, we feel any development must incorporate
appropriate pollution prevention measures and a suitable number of SUDS treatment
train components in line with requirements of Ciria C753 and the SUDS Manual.

Policy 10 - Biodiversity, Geology and Green Infrastructure

We welcome the inclusion of Strategic Objective 19: To protect, maintain and
enhance our district's natural environment, geology and biodiversity, including our
open spaces, recreational areas and our extensive coastline, as well as support
wildlife, to create habitat networks and reduce fragmentation.
We also welcome the inclusion of Strategic Objective 22: To mitigate and adapt to
the forecasted impacts of climate change, including the water environment, air
quality, biodiversity and flooding, support more efficient use of energy and natural
resources and facilitate an increase in the use of renewable and low carbon energy
facilities. We hope that innovative solutions to the issue of climate change be found,
including the use of natural flood management techniques.
Whilst we broadly support the policy protecting and enhancing the environment, but
feel more importance should be given to the water environment. The policy needs to
refer to the Water Framework Directive and all development need to show that it will
not have a negative impact on water bodies. We feel this is important in regards to
the proposed marina development at Wallasea Island. This could cause serious
impacts on the protected estuarine habitat and birdlife as well as a deterioration in
the WFD status of the Crouch and Roach Estuaries.
We welcome the importance given to green infrastructure and the benefits it can
provide to human health and the environment. We feel the policy could also promote
the enhancements developments could provide for overall biodiversity. Setting a
requirement that all new development must create a new priority habitat would
support Local Planning Authoritys duty under the Natural Environments Rural
Communities (NERC) Act 2006. Priority habitats include new wetlands created as
part of SuDs schemes, deciduous woodlands and wildflower meadows.

Section 10 - Air Quality

Whilst we have no direct comments in regards to the air quality policy it is worth
noting that any new development of within 250-500m of a site permitted by the us
could result in the proposed development being exposed to impacts, e.g. odour,
noise, dust and pest impacts. The severity of these impacts will depend on local
factors such as the size of the facility, the nature of the activities and the prevailing
weather conditions. If the operator can demonstrate that they have taken all
reasonable precautions to mitigate these impacts, the facility and community will coexist, with some residual impacts. In some cases, these residual impacts may cause local residents concern, and there are limits to the mitigation the operator can apply. Only in very exceptional circumstances would we revoke the operators permit. These factors should be considered when identifying areas suitable for development. The locations of waste sites can be found on our public register at
https://environment.data.gov.uk/public-register/view/search-all
We trust the advice we have given is useful and will contribute to the soundness of
the emerging local plan. We will continue to provide further advice and comments at
future statutory stages of the emerging local plan. Should you wish us to review any draft policies and text as well as technical documents and background studies, such
as strategic flood risk assessments or water cycle studies which may be used to
support your plan, we can offer this as part of our planning advice service.

This service will ensure that your evidence documents fully support the local plan
and ensure that environmental issues are addressed in an effective and timely way
contributing to sustainable development. As part of the planning advice service we
will provide you with a single point of contact who will co-ordinate access to our
technical specialists who will be able to provide bespoke advice and help you
prepare any supporting documents. We will be pleased to provide you with an
estimated cost for any work we would undertake as part of the service.