Chapter 4 - ENVIRONMENTAL PROTECTION
4.1 INTRODUCTION
4.1.1 This chapter covers land-use policies designed to protect specific features of the environment, such as air and water quality. It also contains policies for public protection; such as from risk of flooding and from hazardous substances. Some of these areas fall under the remit of the Environment Agency which has powers to protect and enhance water courses, to prosecute polluters and promote nature conservation and water recreation. The application of these policies in day to day planning decisions will therefore be complementary to this agency's role.
4.1.2 Other chapters contain policies specific to a number of environmental features, for example Open Space and Waste have their own chapters, and trees/landscaping and environmental improvement are covered in the Built Environment chapter. The environmental impact of traffic is covered in the Transport chapter. Details of how the plan as a whole will be used to bring about more sustainable development is set down in Part I of the plan.
4.1.3 The protection and active management of Brent's environment is a vital component of achieving sustainable development. If Brent's stock of key environmental features is undermined, then Brent will become a more unhealthy and unwelcome place detracting from the character, appearance and quality of the local environment in which people live, work and travel and which provide habitats for wildlife. Poor environmental conditions can make the Borough an unattractive place in which to live and work and act as a disincentive to commercial investment.
4.1.4 The design of buildings as well as land use patterns (see policies STR2, STR5 and STR11 in Part I of this Plan) have a crucial impact upon natural resources and ecological processes. The planning system, by encouraging designs that integrate with natural processes, can play an important part in countering such global problems as the greenhouse effect.
4.1.5 Success in this area cannot be achieved by Brent Council's actions alone. Co-operation between the Council, local communities and local businesses is essential, and the Council aims to work in partnership wherever possible. Brent Council encourages community participation at all stages of the planning and design process and will seek to raise awareness of environmental issues in the community.
4.2 BACKGROUND
4.2.1 Brent participated in the London-wide State of the Environment Report for London. Amongst other matters the 1996 report showed that Brent has typical energy use per person for Outer London Boroughs and that Brent has the joint third highest number of water pollution incidents amongst boroughs. More recent air quality monitoring data shows that much of Brent suffers from poor air quality levels. Much of the Borough also suffers from high noise levels, especially from traffic and railways. Some parts of the Borough, such as in congested town centres and along the North Circular Road, suffer from multiple environmental problems of noise and pollution leading to a poor quality of life.
4.3 STRATEGIC CONTEXT
4.3.1 The Town and Country Planning Act 1990 requires that development plans include policies in respect of, '..the conservation of the natural beauty and amenity of the land', as well as 'the improvement of the physical environment'.
4.3.2 National Government Guidance on environmental issues in plans is provided by Planning Policy Guidance Note 12 'Development Plans' (PPG12). It makes reference to the need for plans to take into account natural resource considerations, including water, and to include policies on pollution, flood prevention, noise pollution, hazardous installations, the protection of groundwater and the provision of adequate infrastructure.
4.3.3 PPG1 (General Policy and Principles) sets out the role of the planning system in terms of hazardous substances and noise. PPG1 overall stresses that the 'aim should be for any development to result in a benefit in environmental and landscape terms'.
4.3.4 Regional Planning Guidance for the South East (RPG9) stresses the need for sustainable development and environmental improvement so that 'urban areas provide a good environment in which to live and work'.
4.3.5 RPG3 (Strategic Planning Guidance for London Planning Authorities) stresses the need to reduce pollutants at source by discouraging unacceptable development and guiding development to acceptable locations. It also emphasises London's considerable consumption of water and energy and consequent arisings of sewage and pollution from energy consumption - planning has an important role in managing this consumption.
4.3.6 Draft Planning Policy Statement 22 (PPS22): Renewable Energy, November 2003 sets out the Government’s broad policy objectives for renewable energy in England and its proposed planning policies. Many of the draft policies are based on existing PPG22 and aim to assist the UK to meet targets for the reduction of emissions of greenhouse gases. PPG 23 and 24 contain detailed advice on planning for pollution control and noise respectively. PPG25 'Development and Flood Risk', July 2001 emphasises the positive role of land use planning in reducing the danger of flood risk.
4.3.7 On pollution, RPG3 states that land use policies should help to avoid the concentration of different polluting activities from different sources and should encourage sustainable practice and development to reduce pollution. RPG3 also contains specific advice on policies on pollution, air quality, water and sewerage, energy, noise and contaminated land (see relevant sections of the chapter).
4.3.8 The Mayor’s Draft London Plan (Spatial Strategy for Greater London), June 2002 included environmental protection policies including:
• Improving air quality (Policy 4A.6),
• Energy efficiency and renewable energy (Policy 4A.7),
• Energy assessment (Policy 4A.8),
• Providing for renewable energy (Policy 4A.9),
• Supporting the provision of renewable energy (Policy 4A.10),
• Water supply and quality (Policy 4A.11),
• Reducing noise (Policy 4A.12),
• Climate change (Policy 4A.13),
• Bringing contaminated land into beneficial use (Policy 4A.14).
4.3.9 In January 2004 the Mayor of London had published a series of strategy documents setting out his policies for London including:
• Air quality strategy (September 2002),
• Biodiversity strategy (July 2002),
• Municipal waste strategy (September 2003).
Draft strategies included:
• Energy strategy (January 2003),
• Ambient noise strategy (March 2003).
4.4 POLICY OBJECTIVES
4.4.1 Taking into account the state of Brent's environment, and the various requirements of government policy and guidance, the objectives of the Unitary Development Plan's policies towards environmental protection are as follows:
1. To work, in partnership with the community, business and the Environment Agency, to monitor and protect the environment of Brent - especially towards meeting national and international environmental standards;
2. To locate development where residential amenities can be protected and where sustainable business practices are unhindered;
3. To integrate measures for the sustainable use and management of resources into new development and regeneration pro-grammes.
4.5 BOROUGH STRATEGY
4.5.1 The strategy of the plan towards environmental protection is to ensure that national standards of acceptable environmental impact (e.g. air quality) are met, by ensuring that planning and non-planning controls support the achievement of these standards.
4.5.2 This needs to be seen alongside a number of other corporate strategies of the Council. Brent’s Community Plan ‘A Plan for Brent 2003 - 2008’ has been adopted, which represents a combined statement of the needs and priorities of local people and identifies some of the policies that have been adopted by local service-providers to meet these needs. More detailed Brent strategies, such as the Air Quality Action Plan, and its Health Strategy, have been framed alongside the Unitary Development Plan, with the UDP providing the land use planning element.
4.5.3 In assessing appropriate locations for development Brent has applied two key principles of sustainable development:
• The Precautionary Principle: In some policy areas there are potentially significant risks to the environment but scientific knowledge is not conclusive. In these cases the precautionary principle dictates that development should not go ahead;
• The Best Practical Environmental Option: So that the option providing the most benefits or least damage to the environment is chosen.
4.5.4 The Council has undertaken an Environmental Appraisal of the plan, which was subject to public consultation, assessing whether or not individual policies are supportive or contrary to the principles of sustainable development.
4.5.5 In implementing the policies in this chapter the planning authority will apply the Polluter Pays principle. A significant amount of environmental damage occurs because those who are responsible do not have to bear the costs. Where environmental damage is threatened, or caused, then the costs of any necessary protection measures should be borne by those responsible and not society at large.
POLICIES AND PROPOSALS
4.6 ENVIRONMENTAL IMPACT
4.6.1 The planning authority will take full account of the wider environmental impacts that a proposal may have, whether impact from nuisance, on the natural environment, from the traffic likely to be generated by the proposed development or from any other sources.
4.6.2 Certain development schemes can have a significant environmental effect. In these cases, European and UK law requires, taking account of factors such as the nature, size and/or location of the development, a statutory assessment of the environmental impacts of the proposal in the form of an Environmental Impact Assessment (EIA). In practice this will normally apply only to major developments of more than local importance (see Circular 2/99, Office of the Deputy Prime Minister (ODPM). Where such an assessment is required, the developer must compile detailed information about the likely main environmental effects, as well as the need for the development and alternatives to it. This information is known as an 'Environmental Statement' (ES) and must be taken into account by the planning authority in making its decision. The public must also be informed of the main reasons for the decision.
4.6.3 PPG 23 on Planning and Pollution Control also indicates that where an application relates to development for which an ES is not required by the regulations, the planning authority will need to determine what environmental information is required for a proper judgement to be made on the application.
EP1 ENVIRONMENTAL IMPACT ASSESSMENT
Where a development is judged likely to have significant effects upon the environment by virtue of factors such as its nature, size and/or location, a statutory environmental statement will be required to be submitted with the application. This should also assess the need for the development and alternatives to it, mitigation and monitoring measures.
4.7 NOISE & VIBRATION
4.7.1 Noise and/or vibration is a common problem in Brent. Such problems mainly arise from road traffic, railway and industrial/commercial noise.
4.7.2 For new developments such as housing, care is taken to ensure that the noise levels within the development area fall within a set category before development takes place. These categories are defined in Government Guidance (PPG24) based on noise levels from road, rail, air and industrial noise. Category A requires no consideration, categories B & C require consideration to be given to ensure adequate protection against noise. Category D indicates planning permission shall not be given.
4.7.3 BS 6472:1992 "Evaluation of human exposure to vibration in buildings" details methods for assessing vibration in relation to acceptable levels for proposed developments next to, for example, railways. This information shall be required prior to such developments to assess the feasibility of development.
4.7.4 Standard levels of insulation are required by the Building Regulations and guidance is given by BS8223:1987 in relation to steady and intrusive noise for living rooms and bedrooms. However, this does not take into account varying ambient noise levels and therefore additional requirements may be imposed by the planning system. Also changes of use, for example from a shop to a public house or a mini-cab office, would not require Building Regulations consent but planning conditions controlling noise can be imposed. New noise sources can be controlled through the powers of the Environmental Protection Act 1990, but only in retrospect once they become a nuisance. Therefore such issues shall be addressed at the planning stage through the application of planning conditions in relation to sound insulation and attenuation of plant noise such as extractors/air-conditioning etc, where these measures can be practically implemented. Where music entertainment is proposed, reports from independent acoustic consultants detailing sound insulation measures appropriate to the use of the building use shall be provided, and if satisfactory their findings implemented.
4.7.5 The environmental impact resulting from cumulative background noise due to the introduction of new industry and commercial enterprise shall be addressed through enforcement conditions at the planning stage with reference to BS4142: rating industrial noise affecting mixed residential and industrial areas.
4.7.6 The impact of ambient noise and vibration from transport (including road, rail and aircraft) on the local environment is recognised in the European Environmental Noise Directive 2002/49/EC as a pollutant which needs to be managed. The Government has launched a 5 year process towards a National Ambient Noise Strategy including noise mapping and practical actions including planning and transport controls. The Greater London Authority Act 1999 gave the London Mayor a duty to prepare a London Ambient Noise Strategy. The Council will have regard to the Mayor’s strategy to safeguard the amenity of the local community.
4.7.7 Noise from construction is inherent in any development large or small. The Council is aware of the ongoing impact of such development especially major developments such as Wembley or the rail infrastructure. Environmental Health can ensure under the Control of Pollution Act 1974 that controls are put in place to minimise the impact of any development to local residents from noise or vibration. The Council’s Supplementary Planning Guidance 19 on Sustainable Design, Construction and Pollution Control (SPG19) provides guidance on noise (see also Policy BE12).
EP2 NOISE & VIBRATION
I) Noise &/or vibration generating development will be permitted unless it would create, or worsen, noise levels above acceptable levels. In particular they will not be permitted where they would harm existing or proposed noise sensitive development (e.g. housing, hospitals, schools) in the area, and if this cannot be acceptably attenuated.
II) Noise sensitive development will be permitted unless its users would suffer noise levels above acceptable levels, and if this cannot be acceptably attenuated.
Necessary noise insulation will be secured by condition.
4.8 AIR QUALITY AND POLLUTION
Air Quality Management
4.8.1 Poor air quality has fundamental impacts on health and the quality of life. National policies on air pollution are expected to deliver a significant improvement in air quality. However, it is recognised that there is an important local dimension to air quality. Local factors, such as density of traffic or geography etc. can create "hotspots" which require local air quality management solutions.
Local Air Quality Management
Part IV of the Environment Act 1995 provides a national and local framework for tackling air pollution. Under the Act, the Secretary of State has published a National Air Quality Strategy (recently reviewed), that provides a framework of standards and objectives for pollutants of most concern, including small particles. It also includes a timetable for achieving these objectives by 2003-2010 and sets out the steps the Government is taking as well as measures it expects others to take to see that objectives are met.
Locally there is a system of air quality management in which local authorities are required to carry out regular reviews of present and likely future air quality. If standards and objectives are not being met, nor are likely to be met, within a period specified in regulations or the National Strategy, the local authorities are required to designate an Air Quality Management Area (AQMA). It will then be necessary for the authority to prepare an assessment of the air quality in the AQMA and an Air Quality Action Plan of measures to be taken within a timetable for implementation to ensure the achievement of standards and objectives within the designated AQMA.
4.8.2 The principal pollutants of concern are as follows:
Brent's Air Quality Action Plan
4.8.3 Brent's approach to improving air quality is to follow the approach recommended by government of first monitoring sources of pollutants, then modelling dispersion of pollutants and where national pollution objective levels will be breached, and then declaring Air Quality Management Areas (AQMAs) in these locations. Where an AQMA has been designated there is a requirement to prepare an action plan to meet national objectives. On 2 April 2001, following a public consultation, Brent declared parts of the Borough as AQMAs including:
• The entire area south of the North Circular Road due to the number of times target levels have been breached and because of the presence of many schools and other sensitive sites;
• All main road corridors north of the North Circular Road including all housing, schools and hospitals along the North Circular Road, Bridgewater Road, Ealing Road, Harrow Road, Watford Road, Kenton Road, Kingsbury Road, Edgware Road, Blackbird Hill, Forty Avenue, Forty Lane and East Lane.
The map showing these is available on the Council’s website, select Environmental Heath and the Air Quality Management Areas links.
4.8.4 Air Quality issues do not respect local planning boundaries and planning decisions can have cross boundary air quality implications. Therefore some AQMAs (such as the North Circular Road) may have to cross Borough boundaries. The definition of these areas will vary over time because of monitoring. At the time this UDP was adopted, Supplementary Planning Guidance on air quality management was being drafted for Boroughs in West London to consider adopting for their own areas, if appropriate.
Air Quality and Planning Decisions
4.8.5 The impact of a development on air quality is a material consideration in determining planning applications; this includes both the direct effects from a development as well as indirect effects, such as emissions from road traffic increases caused by development.
4.8.6 For major development, especially that likely to attract high traffic levels, air quality dispersion models and assessments should be submitted with the application as part of the transport impact assessment (this is already a requirement for applications subject to statutory environmental impact assessment). The specific type of air quality model(s) to be used should be discussed with officers in the Council’s Environmental Health Unit. SPG19 provides guidance on air quality measures (See Policy BE12) and the Mayor’s Air Quality Strategy.
EP3 LOCAL AIR QUALITY MANAGEMENT
In considering development proposals and in preparing traffic management measures regard will be had to impacts upon air quality - especially affecting or in Air Quality Management Areas - Development proposals should not harm the achievement of National Air Quality Objectives.
Air Quality Management Areas will be designated (with adjoining London Boroughs where necessary) where air quality levels are forecast to be at unacceptable levels.
Development proposals that would significantly contribute to air pollution are required to submit an assessment of the likely dispersion of pollutants with the planning application.
Potentially Polluting Development
4.8.7 The possibility that development could cause pollution is an important aspect of the overall environmental impact of development, and therefore needs to be taken into account in planning decisions. This does not just include air quality impact but also other aspects of pollution such as smell and dust. Applicants for planning permission should provide sufficient information on the pollution aspects of their proposals to enable a sound planning decision to be made. In considering applications for potentially polluting development, the planning authority will consult with, and take into account the views of, the appropriate pollution control authorities.
4.8.8 Where the development is likely to meet the requirements of the pollution control authority, the Council will nevertheless need to be satisfied that:
• the location and siting are such that the amenity and character of the surrounding area are protected,
• there is no significant element at risk of a polluting incident or from continued exposure and
• development options for neighbouring or otherwise affected sites are not unjustifiably constrained as a result. Conditions relating, for example, to hours of operation may need to be proposed. Potentially polluting industrial developments that meet the relevant planning and pollution control requirements are most likely to be considered acceptable in Strategic and Borough Employment Areas.
4.8.9 In recent years, the scope and effectiveness of non-planning controls over pollution have been extended through new legislation. Local authority pollution inspectors and the Environment Agency have responsibility for air and water quality respectively. Industrial processes with the greatest pollution potential are regulated under the Pollution Prevention and Control Act 1999.
4.8.10 As well as controlling the location of potentially polluting sources, the planning authority also has to consider the pollution issues arising from proposals to site new development in close proximity to existing pollution sources. The Council will seek advice from pollution control authorities where new development (for example housing schemes or developments attracting significant number of people such as shopping, entertainment or office complexes) is proposed close to an existing pollution source. The Council will also need to consider the cumulative impact that could arise from the addition of a new potentially polluting development to an existing pollution source.
EP4 POTENTIALLY POLLUTING DEVELOPMENT
Developments should be located and operated so as to limit pollution (including smell and dust) to levels specified in National Air Quality Objectives and especially where it affects Air Quality Management Areas.
The onus will be on developers of potentially polluting uses to demonstrate that the level of pollution would be acceptable, and compatible with requirements under the Environmental Protection Act (any aspects of the development necessary to discharge such consents, e.g. chimney heights, should be included with the planning application).
Developments will not be permitted which:
(a) Present an unacceptable risk of a polluting incident and where that risk might have a wide land-use impact on the social, economic or environmental well-being of the area; or
(b) Impose unacceptable constraints on adjoining or otherwise affected sites.
EP5 DEVELOPMENT AFFECTING EXISTING POTENTIALLY POLLUTING DEVELOPMENT
Where proposed new development near to potentially polluting sources would be subject to unacceptable risk, or the operations of the potentially polluting source concerned would be unacceptably prejudiced, or would give rise to unacceptable cumulative impact, the development will be refused.
Contaminated Land
4.8.11 Sites which have previously accommodated a polluting industrial use or which have had a history of landfill, are potentially contaminated. Contaminated land is defined by the Environment Act 1995 in terms of substances in, on, or under land where significant harm is or would be caused.
4.8.12 The Government's Policy is that any works needed for a contaminated site should deal with any unacceptable risks to health, safety or the environment, taking into account its actual or intended uses. The preferred approach is that contamination should be dealt with on the site itself. Contaminated land has now become an issue of growing interest to government, industry and the public due to research revealing the potential risk to human health posed by toxic and contaminative substances within land, and pressure on land resources making recycling of previously used urban land a priority of government policy. National policy is in favour of on-site treatment as landfill is contrary to national waste policy (see waste chapter), this will require design changes, such as building above contamination and outlet pipes for venting. ‘Dig and Dump’ will only be permitted where it is within the site area or on-site treatment is not the best practical environmental option.
The Reformed Law on Contaminated Land
Section 57 of the Environment Act 1995 sets down a new regime for dealing with contaminated land which came into force in 2000. Legislative and planning regimes are being formulated to treat past contamination problems and prevent its occurrence in the future. This will be implemented primarily by local authorities with the support and assistance of the Environment Agency.
• Local authorities must produce a strategy setting out how they intend to prioritise the investigation and identification of contaminated land. If the site is seriously contaminated it may be designated a "special site" and becomes the responsibility of the Environment Agency;
• The local authority must identify the person responsible for clean up and consult them on how to remediate the site. If no voluntary agreement is reached a remediation notice is served, against which there is a right of appeal;
• Clean up is required to make the site "suitable for use";
• If the works are not carried out the Local Authority may carry out remediation and recover its costs.
4.8.13 Although the responsibility for dealing with contamination rests with the developer (and legal liability lies with the original polluter), the planning authority will need to know what account has been taken of contamination when dealing with planning applications. Therefore, once these sites, or sites adjacent to these areas, become available for redevelopment, it is essential that a full technical investigation is carried out, at the expense of the developer and in a form agreed by the Council, and that the development incorporates any necessary remediation (which the draft circular stresses is the responsibility of the developer). For the development to be approved, it must be shown that the site poses no risk to human health, controlled waters or other sensitive receptors and that every effort has been taken to deal with pollutants. Therefore, an assessment of that risk must be made using tools such as C.L.E.A . model or similar. The best way of dealing with potential risks to health is to identify which sites may be contaminated early. Very few sites are so contaminated that they cannot be re-used at all but the choice of new uses may be restricted by the contamination and the cost of dealing with it. The Council will seek to ensure, in conjunction with English Partnerships, that contaminated land is brought into beneficial use in accordance with the other policies of this Plan and will apply for appropriate funding.
4.8.14 Guidance on contaminated land and a range of remediation measures is provided in SPG19. See also Policy BE12.
EP6 CONTAMINATED LAND
When development is proposed on or near a site
suspected of being significantly contaminated then an investigation of the hazards posed and any necessary remedial measures will be required from the
developer, prior to the determination of a planning application.
Where contamination is found any development should be capable of being built and occupied safely, (fit for the purpose of the end user) without adverse environmental impact. There will be a presumption in favour of on-site treatment. Conditions will be imposed requiring action to comply with national standards, prior to the commencement of the development, together with any required monitoring measures.
Where contamination is suspected of being less severe, or where initial investigation is not possible, then conditions will be imposed requiring investigation, and for necessary remedial action as above.
4.9 HAZARDOUS SUBSTANCES
4.9.1 The Planning (Hazardous Substances) Act 1990 provides for the control of the presence or use of hazardous substances and introduced the concept of hazardous substances consent in the UK. The controls are designed to ensure that hazardous substances can only be kept or used in significant amounts after the responsible authorities have had the opportunity to assess the degree of risk arising to persons in the surrounding area. Even after all health and safety controls have been complied with, there remains a residual risk to the surrounding area and these planning controls allow for this risk to be assessed. There are circumstances where controlled amounts of hazardous substances may be brought onto land, or the way it is used upon that land, without there being any associated development requiring planning permission. Planning policies on controlling such hazards are now required by European Directive 96/82/EC on the control of major-accident hazards (the SEVESO II Directive).
EP7 HAZARDOUS SUBSTANCES
Developments involving hazardous substances, or uses requiring hazardous substances consent, will not be approved unless there is no unacceptable risk to occupiers, to public health and safety, or to nature conservation. The location of such uses in or near residential areas will not be permitted. Development adjoining areas in hazardous use will be controlled if this would otherwise create an unacceptable risk.
4.9.2 Certain sites and pipelines are designated as notifiable installations by virtue of the quantities of hazardous substances that are stored or used in them. Policies on these are required by Directive 96/82/EC on the control of major-accident hazards (the SEVESO II Directive). Whilst they are subject to stringent controls under existing health and safety legislation, it is considered prudent to control the kinds of development permitted in the vicinity of these installations. The Council will therefore consult with the Health and Safety Executive where applications are received within the vicinity of the any notifiable installation in the Borough (the distances varying according to the substances involved). The only such installation at present sited in the Borough is Transco High Pressure Pipeline and for which the appropriate 'consultation distance' is 6 metres. Development is only likely to be affected if foundations would affect the pipeline or where there are surface installations. In most areas, however, it runs down the centre of roads.
EP8 NOTIFIABLE INSTALLATIONS
Proposals for developments to be sited within the consultation distances for notifiable installations and which would substantially increase the number of people at risk, and/or would result in unacceptable risk (including to nature conservation), will not be permitted.
4.10 WATER
4.10.1 Brent has a main river running through it - the River Brent - as well as several tributaries, such as the Wealdstone Brook. The Borough also contains part of the Grand Union Canal and its feeder. The quality of the water environment in Brent is of serious concern. Many watercourses suffer from pollution and poor sewerage connections. Brent's waterways are an underused resource offering considerable potential for recreation and regeneration. For this reason, Brent is a member of London's Waterway Partnership co-ordinating and funding waterside regeneration, and is jointly planning waterway rehabilitation projects. The policies in this section address the quality of Brent's water environment and public safety issues (i.e. flooding). The Open Space chapter contains special policies on the recreational use of waterways and waterside open spaces and a special policy on the Grand Union Canal is contained in the Built Environment Chapter, Policy BE14.
Groundwater and Surface Water Quality
4.10.2 The water quality of inland watercourses is an important area of concern. Poor quality water may be made worse by abstraction practices for drinking water and industrial water supply, consequently limiting future availability, including for recreation and conservation. Particular problems can arise if developments disturb contaminated land (which needs to be sealed against the leakage of polluted matter). The Council will support initiatives to improve surface water quality.
4.10.3 Also of concern is the need to protect groundwater resources. It is better to prevent pollution than to deal with subsequent contamination. The Council therefore gives its support to initiatives to prevent groundwater pollution.
EP9 WATER QUALITY
Development will be refused (following consultation with the Environment Agency) which would pose an unacceptable risk to the quality of groundwater or which would have a detrimental effect upon the quality of surface water.
Protection of Surface Water
4.10.4 Watercourses are a precious natural resource. The water environment is sensitive to change and needs to be protected. Watercourses and wetlands can easily be damaged by development. Watercourses should be retained in their natural state wherever possible, including watercourse vegetation, and lost watercourses restored where practical.
4.10.5 Culverting or canalisation should be avoided as it effectively removes all natural interest. It is the duty of the Environment Agency to protect and enhance watercourses, to prosecute polluters and to promote nature conservation and water recreation. Brent will work closely with the Agency in implementing this policy.
4.10.6 Ponds are small water bodies, both natural and man made. They have a popular appeal, enabling people to experience wildlife on their own doorstep. Ponds support distinctive communities of animals and plants and these can include rare species. Over the last century there has been a decrease, estimated at about 75%, in the number of ponds in Britain. The land surrounding a pond is an important component of the habitat. Degradation of this 'buffer zone' is a reason for ponds becoming less suitable for many animals, such as amphibians and dragonflies, which breed in ponds but which spend much of their adult life away from the water (Wildlife & Freshwater: An Agenda for Sustainable Management, English Nature 1997).
EP10 PROTECTION OF SURFACE WATER
Development will be refused which harms watercourses. In particular:
(a) The culverting or canalisation of further surface water will be refused, and the restoration of watercourses to their natural state will be encouraged;
(b) Drainage into surface water will be limited to that which is essential and which does not harm the water environment;
(c) Development should not restrict access to the waterside for recreation or for essential flood prevention or maintenance work;
(d) Development should seek to protect and integrate the natural functions of surface waters, including ponds, to safeguard habitats and maximise their amenity value;
(e) Waterside or wetland habitat should not be materially harmed; and
(f) Development should not cause harm through altering the water table.
Water Supply - Demand Management
4.10.7 The combination of climate change, increasing water use and new development are producing serious concerns about the adequacy of future supplies of water in the South East of England. The Environment Agency is responsibility for planning water resources. Their role is to ensure that there is enough water for people to use, and that this water is taken in a way that prevents long-term environmental damage. Controlling the demand for water at the point of use is part of this. This is a planning matter, as recognised by PPG 12, as it is not controlled by other legislation, such as the building regulations, as demand management measures are now seen as central to sustainable land use planning in all areas, and as it has an impact upon the use of land elsewhere. Measures that can be used include metering all new homes, low-flush WCs and, in certain circumstances recycling 'greywater', i.e. safely re-used water, such as from washing, within the dwelling, see also Policy BE12.
EP11 WATER SUPPLY - DEMAND MANAGEMENT
Larger new developments, especially housing developments, should, where practical incorporate measures to reduce the demand for water from the mains supply network.
Flood Risk
4.10.8 Flooding is a natural phenomenon and the effects cannot entirely be prevented. Rivers drain groundwater and surface water run off from the land, via the drains into rivers and streams in Brent. River channels have a limited capacity and when a river rises above its banks it floods the adjoining land, known as the flood plain. Floodplain storage reduces the peak flood flow in the river which can reduce flood levels and the risk of flooding downstream. Development on the flood plain reduces it’s storage capacity thereby increasing the risk of flooding. Flood risk is influenced by both the statistical probability of a flood occurring and the scale of the potential consequence. Climate change effects may Increase the frequency of extreme weather events and the risk of flooding. Reducing the danger of flood risk through minimising run-off and protecting flood plains is therefore an important role of the planning system, as emphasised in PPG25 ‘Development and Flood Risk’.
4.10.9 The planning system has acknowledged the natural function of open land and flood plains in reducing the risk of flooding. It is often more cost effective to work with nature rather than fight against it. Government policy is to reduce the risks to people and the environment from flooding. PPG25 'Development and Flood Risk' outlines how flood risk issues should be considered at all stages of the planning and development process in order to reduce future damage to property and loss of life.
4.10.10 The Government has adopted a precautionary approach in dealing with flood risk. This requires planning authorities to:
1. apply a risk-based approach, known as the sequential approach/test, when determining planning applications,
2. take advice from the Environment Agency.
The sequential approach involves giving priority to allocating or permitting sites for development according to three Flood Zones:
1. little or no risk;
2. low or medium risk; and
3. high risk.
Table 1 in PPG25 identifies the appropriate planning response to development in each of the three Zones, although local planning authorities should take account of the level of actual risk, including the effects of flood risk on both local public transport availability and the surrounding road network.
4.10.11 Brent has identified all areas at risk of flooding where appropriate flood compensation measures will be required before development is permitted. This area is shown on the Proposal Map and in Appendix EP1. The flood prevention work to the River Brent and its tributaries that has taken place over the last twenty-five years, now largely completed, has greatly reduced the risk of flooding. The effectiveness of this scheme is, however, dependent on flood storage being available in the Welsh Harp Reservoir. Some developments still require appropriate flood prevention measures to be taken and the Council will consult with the Environment Agency and local water companies.
4.10.12 Development outside areas at risk from flooding may cause flooding elsewhere through increased surface water run-off. Undeveloped land acts like a sponge, soaking up surface rainwater, allowing it to drain away slowly to watercourses. All non and semi-permeable surfaces i.e. hardstanding, built development, remove this natural drainage capacity thus increasing surface water run-off. Heavy and persistent rain may overload the storm drain and watercourse capacity causing flooding on floodplains and surcharging from drains. Foul drains may become overloaded causing pollution. Areas with inadequate storm drainage are listed in Appendix EP1. In these areas on-site storage of rainwater may be required.
EP12 FLOOD PREVENTION
On land liable to river flooding, as defined on the
proposals map, new development or the intensification of existing development will be refused, unless appropriate flood compensation measures are taken.
Development should not pose an increased risk of flooding by increasing the rate of run-off into local watercourses.
Water Run-Off Source Control
4.10.13 Rainfall in urban areas drains off roads, industrial and residential areas. Thames Water and the Environment Agency insist that surface water discharge from new development is controlled and adequate on-site storage is provided. This reduces flooding downstream of proposed development. Drainage to nearby waterways via surface water outfalls often leads to high levels of water contamination, including oil, organic matter and toxic metals. For this reason there is now much greater awareness and attention to more sustainable forms of urban drainage - of controlling run-off and contamination at source. The environmental impact can be reduced through good design and practice. Amongst those that have proven useful are porous paving and roads, roadside swales, infiltration trenches and basins and detention ponds. Further details can be found in the Environment Agency's 'A Guide to Sustainable Urban Drainage' (1997), Urban Drainage the Natural Way (1993) and Brent’s Supplementary Planning Guidance on Sustainable Design, Construction and Pollution Control (SPG19) which shows how these techniques can be applied in typical Brent situations.
EP13 WATER RUN OFF - SOURCE CONTROL
The building and landscape design of developments should incorporate, where practicable, measures to control surface water run-off and prevent water contamination at source.
4.11 ENERGY
4.11.1 The use of energy is central to virtually all the goods and services which contribute to quality of life. However, the environmental side-effects of our modern dependence on fossil fuels is now a cause of worldwide concern. Whenever fossil fuels are used to create energy, the result is the creation of carbon dioxide and various pollutants such as sulphur dioxide and nitrogen oxides. These gases are a prime cause of acid-rain, which has seriously damaged the eco-systems and corroded buildings. Carbon dioxide (CO2), while not a pollutant, is a major contributor to global warming. Fossil fuel burning in vehicle or power stations also cause the bulk of health threatening air pollution.
4.11.2 The Energy White Paper ‘Our energy future - creating a low carbon economy’ February 2004 and the Mayor's draft Energy Strategy will require action by local authorities to tackle energy issues. The papers encourage local authorities to develop energy efficiency initiatives and strategies, promote renewables amongst other measures to decrease CO2 emissions and reduce energy consumption.
4.11.3 The Government aims to move beyond its Kyoto Protocol target towards its goal of reducing emissions of carbon dioxide by 20 per cent below 1990 levels by 2010 and to put itself on a path to reduce carbon dioxide emissions by 60% by 2050 has set challenging national targets on reducing CO2 emissions including a 30% reduction in domestic energy consumption. Energy production in buildings accounts for 40-50% of the UKs emissions of CO2. To achieve this Brent will have to considerably improve energy efficiency and develop renewable energy. See also Policy BE12 and SPG19.
4.11.4 The Council has been involved in promoting energy efficiency for some time. The Home Energy Conservation Act (HECA) places a responsibility on the Council to promote energy efficiency in the wider community to improve the energy efficiency of the housing stock by 30% by the year 2006. It is intended that improvements in energy efficiency will reduce CO2 emissions. At the same time, it will lead to reduced fuel bills, improved health and generation of local employment opportunities when such work is undertaken. Part L1 of the Building Regulations sets down minimum energy efficiency targets in respect of newbuild dwellings, conversion to flats, replacement windows and extensions to existing dwellings.
New Energy, Renewable Energy, & Fuel Storage Development
4.11.5 Greater use of renewable energy (e.g. solar & wind) is to be particularly encouraged as this is an underused resource in Brent and a study by the London Research Centre indicates great potential within London. PPG22 encourages renewable energy because of its reduced CO2 production compared to conventional energy sources and the consequent concern to reduce the risk of global warming, through the Government's requirement for energy producers to fulfil a non-fossil obligation. PPG22 ‘Renewable Energy - Annex on Photovoltaics’ March 2002 states that photovoltaic (or PV) technology can play a small but significant part in delivering the Government’s target to produce 10%. of electricity from renewable sources by 2010.
4.11.6 There are limited opportunities for large-scale renewable energy schemes in Brent. Nevertheless, the technologies of solar panels and photovoltaic cells, and passive solar design techniques should be explored. Proposals for such should accord with policies applied in conservation areas and in relation to listed buildings.
4.11.7 One of the greatest environmental issues relating to energy is transport. The pattern of land uses and transport infrastructure in an area is fundamental to local transport energy demand and its environmental effects. The Council's planning policies aim to encourage a shift away from using the car towards less energy intensive forms of transport; for example, urban areas can be designed so as to avoid lengthy journeys (particularly by car) between homes and workplaces and other regular destinations (see Policy STR5 in Part 1). Diesel and petrol engine exhaust pollution is a problem that continues to worsen. In Brent, there will be more sophisticated pollution monitoring and tougher regulation (see Policy EP3). Alternative fuels like liquid petroleum gas (LPG), compressed natural gas (CNG) and electric powered vehicles are alternatives to reduce the level of diesel and petrol engine exhaust pollution.
4.11.8 Conventional power stations produce large amounts of waste heat as a by-product of the generating process, with the result that their average energy efficiency is around 30%, with the most efficient rarely exceeding 35%. Combined Heat and Power stations (CHPs), or co-generation systems, use this waste heat to provide hot water for central heating systems and general purposes, in addition to producing electricity. This means that they can achieve efficiencies of 80-90% and, at the same, time enable reductions in emissions of carbon dioxide, sulphur dioxide and nitrogen oxides to be made. In addition to environmental benefits, CHP schemes can also bring significant cost savings to the consumer (see also waste chapter Policy W10).
EP14 NEW ENERGY, RENEWABLE ENERGY AND FUEL STORAGE DEVELOPMENT
Development of new energy and fuel storage facilities will only be permitted where they meet local deficiency of energy supply. Proposals for renewable energy which meet the need for increasing use of renewable energy would, however, be welcomed. This is conditional on development having an acceptable visual and environmental impact, and where large movements of fuel are required, to have an acceptable transport impact (Policy TRN1), with a presumption in favour of rail or water movement. New petrol stations will be encouraged to install LPG and CNG refuelling pumps.
Development should be of a form not to prejudice future realistic use of renewable energy.
High voltage cabling should remain underground, unless this is economically, environmentally or operationally unfeasible.
Major development proposals, especially housing developments, should where possible, make reasonable measures to incorporate Combined Heat and Power, or equivalent, where this would be viable and available.
4.12 INFRASTRUCTURE AND STATUTORY UNDERTAKERS
Infrastructure
4.12.1 A number of existing services provided by the utilities (particularly sewerage systems and sewage treatment works) are becoming overloaded. It is important that development does not proceed ahead of the ability of sewerage facilities and receiving sewerage treatment works to be able to deal with increased flows. Unless additional infrastructure is provided, this may result in the pollution of watercourses and lead to public health risks. Although additional capacity will be provided where necessary to meet the demands of new development, some time must be allowed for this to be implemented. Developers are therefore recommended to consult with the utility providers at an early stage.
EP15 INFRASTRUCTURE
Infrastructure of adequate capacity and design (particularly water supply and sewerage) should be available in time, and be adequate to serve development (following consultation with the utility undertakers and Brent Council). Where necessary, conditions will be imposed phasing development, and/or planning obligations will be secured, to ensure that new facilities are brought forward.
Statutory Undertakers
4.12.2 Utility companies and authorities include the gas, electricity, telephone, water, sewerage, post, public transport and the emergency and police services. Many of these are substantial landowners in the Borough. With the continuous process of review of these services and of their operational requirements, there is often the need to dispose of surplus land and buildings and conversely the need to acquire more modern buildings and equipment. These are important services essential to the community and, to that end, the Council will support the provision of public services to meet the needs of the Borough and guide the individual authorities and companies to appropriate sites.
EP16 OPERATIONAL REQUIREMENTS OF STATUTORY UNDERTAKERS
Developments will be supported which provide adequate plant and equipment, land and buildings available for the operational requirements of public utility companies and authorities, subject to impact on residential amenity and local environmental conditions.
4.13 LAND CAUSING POOR AMENITY
4.13.1 Local authorities have limited powers, through section 215 of the Town and Country Planning Act 1990, to require the improvement of land adversely affecting the amenity of the neighbourhood. Such powers will be exercised where they will be effective. However it should be noted that the powers are limited and cannot be used simply for gardens which are overgrown. Also, where rubbish is the main problems environmental health legislation may be more appropriate. Finally, the problem is often absent owners (such as the sick elderly) for which enforcement is undesirable and impractical.
EP17 LAND CAUSING POOR AMENITY
The Council will consider serving notices requiring the improvement of property and/or land where it is clearly adversely affecting the amenity of the neighbourhood.
APPENDIX EP1
SCHEDULE OF SITES SUBJECT TO FLOODING
Quainton Street Area - Land Liable to River Flooding
All or part of the land occupied by the following properties:
Birchen Grove 2-24; 54-68
Blackbird Hill 1-19 Talbot Court
Braemar Avenue Electricity sub-station 2-16
Chesham Street 1-9; 2-16
Coombe Road 3; 6; Sellar House; Roger Stone Court properties fronting Neasden Lane North (Godfrey Davis and McDonalds) Harp Island Close 95-100; 101-106; 107-110; 111-116,117-128
Neasden Lane North 391-409; 494-504; Open Space Poplar Grove 35-50; 51-67 (incl); garage
Quainton Street 1-103; 2-84
Runbury Circle 15-25
The Close 13-17; 14- 18
Verney Street 1-77
Chalkhill Youth and Community Centre and Sports Ground
Marshland below Welsh Harp Dam
Tokyngton - Land Liable to River Flooding
Area outlined on Proposals Map
Sites subject to flooding due to foul sewer surcharging
Belverdere Way, Kenton
The Mall, Kenton
Chapman Crescent, Kenton
Christchurch Avenue, NW6
Cavendish Road, NW6
