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9 Environmental Protection

DMD 64

Pollution Control and Assessment

Developments will only be permitted if pollution and the risk of pollution is prevented, or reduced and mitigated during all phases of development, including demolition/decommissioning, construction, operations/occupation and maintenance.

This policy should be read in conjunction with Core Strategy policies 22 and 32.

Justification and guidance on implementation

9.0.1 This policy applies to all forms of pollution including noise, vibration, light, odour, dust, as well as land, water and air based pollution. Pollution can reduce the environmental quality of the borough, amenity, and negatively affect human health, safety and well being. This policy aims to ensure that forms of pollution are considered, controlled and mitigated against as part of all developments.

9.0.2 The precautionary principle 1 states that if a particular course of action has the potential to cause serious or irreversible damage to the public or the environment, a lack of scientific certainty that the action is actually harmful, is not a reason for not implementing mitigation measures or a full consideration of these potential risks. Developers will be expected to demonstrate that the proposal is not harmful and that there is a full assessment of any potential risks and any necessary mitigation measures have been included.

9.1 Air Quality

DMD 65

Air Quality

  1. Planning permission will be refused for developments which would have an adverse impact on air quality unless the developer is able to demonstrate that measures can be implemented that will mitigate these effects. Development will only be permitted if it is air quality neutral.
  2. Major developments located in air quality hotspots and all development that could have significant implications for air quality, should be accompanied by an air quality assessment detailing appropriate mitigation measures.
  3. Developments involving sensitive uses will only be permitted if sited away from major sources of pollution or adequate mitigation measures are secured to improve air quality.

Policy should be read in conjunction with Core Strategy Policy 32.

Justification and guidance on implementation

9.1.1 The whole borough is designated as an Air Quality Management Area (AQMA). Major sources of pollution identified in the Air Quality Action Plan include road traffic and some forms of industry.

9.1.2 Development should avoid/prevent, reduce, and mitigate against the impacts of poor air quality by applying best available techniques as defined in the London Plan. New development should not lead to further deterioration in air quality. In line with the London Plan (2011) development proposals should be at least ‘air quality neutral’ and, where provision needs to be made to reduce emissions from a development, this should usually be made on-site.

9.1.3 Developments for sensitive uses such as schools, hospitals and residential units should be located away from major sources/areas of air pollution. However, where this is not possible, developments must be designed and sited to reduce exposure to air pollutants by incorporating mitigation measures, these could include:

  • Setting back development and creating screening/buffer zone between the development façade and pollution source;
  • Ventilation provision (including the maintenance arrangements);
  • The location of amenity space/balconies, opening windows and doors;
  • The internal layout, particularly the placement of habitable rooms away from the façade fronting the pollution source;
  • Restricting residential use to the upper floors;
  • Ensuring the design of the development does not create a canyon effect (the design should create gaps in the building façade to help to free flow of air); and
  • Transport related measures (such as travel plans, car clubs, public transport, car free/minimal car parking/preferential parking for low emission vehicles).

9.1.4 Air quality assessments will be required, either as part of an Environmental Impact Assessment (EIA) or as a standalone document, for developments in air quality hotspots identified in the Air Quality Action Plan or in other cases of development which have implications for air quality. These air quality assessments are required to ensure that developments would not lead to the further deterioration in air quality or lead to increased exposure to receptors without adequate mitigation measures. Air quality assessments should include details of any proposed mitigation measures and demonstrate their effectiveness. It is recommended that developers investigate local air quality conditions at an early stage in order to establish whether the development is located in an area of poor air quality to ensure that any mitigation measures can be incorporated at the design stage.

9.1.5 The preparation of air quality assessments should consider:

  • The existing, and likely future, air quality in the local area, including its location in relation to any identified air quality hotspots and any other areas where air quality is likely to be poor;
  • The impact of development proposals in rural areas (i.e. areas of green belt) with low existing levels of background air pollution;
  • The need for compliance with the air quality objectives prescribed by the Air Quality Regulations;
  • The possible impact of potentially polluting development (both direct and indirect) on land use, including effects on health, the natural environment or general amenity;
  • The potential sensitivity of the surrounding area (environmental designations such as SSSI) and nearby uses (such as schools, hospitals and residential units) to the adverse effects of air pollution; and
  • The need for mitigation measures and also their appropriateness and effectiveness with regard to the particular circumstances of the site.

9.2 Land Contamination

DMD 66

Land Contamination and Instability

1. Planning permission will be refused if there are unacceptable risks of contamination and land instability which are not addressed through remediation. Development will only be permitted where appropriate remediation is undertaken to make the development safe.

2. All development on land which is or may be affected by contamination and/or instability must be accompanied by assessments to ensure that any risks are identified.

3. An initial assessment should be undertaken for all development to assess:

  1. The previous uses of the site;
  2. The potential for contamination and/or land instability; and
  3. Any risks.

4. In circumstances where the initial assessment identifies contamination risks or land instability, the Council will require the developer to provide more detailed investigations/studies to determine the level of contamination, assess the risks and provide details of a remediation and management strategy. On site remediation (treatment in-situ or ex-situ) of contaminated soils will be encouraged, where appropriate, to reduce waste sent to landfill.

5. The Council will impose planning obligations/conditions to ensure that remediation of the site is secured, the level of remediation is suitable for its intended end use, and the development is safe.

This Policy should be read in conjunction with Core Strategy policies 22 and 32.

Justification and guidance on implementation

9.2.1 There are significant concentrations of industrial uses and infrastructure within the borough, particularly in the Lee Valley. As well as contamination due to human activities, there may also be natural sources of contamination. Whilst modern pollution control measures are in place to prevent new contamination and reduce the impact of existing activities, there is the potential for contaminated land from previous land uses.

9.2.2 Where contamination sites are identified through the planning system, developers will be required to carry out detailed site investigations, provide a risk assessment, remediation and management strategy considering:

  • Whether the land in question is already affected by contamination through source-pathway-receptor pollutant linkages and how these linkages are represented in a conceptual model;
  • Whether the development proposed will create new linkages e.g. new pathways by which existing contaminants might reach existing or posed receptors and whether it will introduce new vulnerable receptors; and
  • What action is needed to break those linkages and avoid new ones, deal with any unacceptable risks and enable safe development and future occupancy of the site and neighbouring land.

9.2.3 The report should also outline the impacts of the remediation activities (including dust, noise and traffic movements) and demonstrate that the development can be carried out safely without unacceptable risks to workers, neighbours or other off-site receptors. An initial assessment will be required as part of a planning application, or otherwise a condition of the planning permission will require the submission of further details to the Council to demonstrate that contamination has been considered, and will be subjected to appropriate remediation. A verification report will be required to demonstrate that the remediation works have been implemented successfully and to confirm the absence of any unacceptable risks from contamination. The remediation strategy should consider waste management implications when deciding the best approach to remediation and the handling and treatment of contaminated soils, including treatment in-situ and ex-situ 2 and other material.

9.2.4 The standard of remediation should ensure that the site is suitable for its proposed use, and that all unacceptable risks (to receptors such as living organisms, ecological systems – fauna/flora, property, landscape, amenity, controlled surface water and groundwater) have been addressed. As a minimum, the remediation must at least ensure that the land, after development, is not capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.

9.3 Hazardous Substances

DMD 67

Hazardous Installations

Development of new hazardous installations or development of sites located within the vicinity of existing installations will only be permitted if necessary safeguards are incorporated to ensure the development is safe. Developers may be required to submit an assessment of risks, the risks will be considered in balance with the benefits of the development and existing patterns of development.

This Policy should be read in conjunction with Core Strategy Policy 32.

Justification and guidance on implementation

9.3.1 The Planning (Hazardous Substances) Act 1990 aims to prevent major accidents and limit the consequences of such accidents. The Town and Country Planning (Local Development) (England) Regulations (2012) makes clear the need for Local Plans to have regard to:

  1. The objectives of preventing major accidents and limiting the consequences of such accidents; and the need to maintain appropriate distances between establishments and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and
  2. In the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/EC on the control of major accident hazards.

9.3.2 Hazardous installations comprise a wide range of chemical process sites, fuel and chemical storage sites, and pipelines. The planning process must ensure that the risks arising from new hazardous installations and development within the vicinity of existing installations are considered. There are a number of major hazard sites and pipelines in Enfield (these are listed in Appendix 12: 'Hazardous Installations'), including gasholders and gas supply pipelines.

9.3.3 The Council will seek the advice of the Health and Safety Executive (HSE) and the Environment Agency (EA), and other organisations as appropriate when considering the potential risks from new hazardous installations and proposed development near such installations. The HSE have defined consultation zones around hazardous installations and issued standing advice to provide an indication of when they consider development to be appropriate/not appropriate. The EA's General Principles and Practice document (GP3) also provides guidance for the protection of groundwater. If a new installation is proposed, the Council will seek to ensure that it is located appropriately to minimise risks to the surrounding population and to environmental quality.

9.3.4 Risk assessments will be required to ensure that appropriate safeguards are incorporated as part of the development. The Council will also take the opportunity to review existing planning consents granted for hazardous installations to ensure they reflect current conditions and the physical capacity of the site.

9.4 Noise

DMD 68

Noise

1. Developments that generate or would be exposed to an unacceptable level of noise will not be permitted.

2. Developments must be sensitively designed, managed and operated to reduce exposure to noise and noise generation. Particular regard should be had to the following:

  1. Building design (positioning of façades and selection of materials);
  2. Layout of uses and rooms;
  3. Positioning of building services;
  4. Landscaping;
  5. Sound insulation; and
  6. Hours of operation and deliveries.

3. Development involving noise sensitive uses close to sources of significant noise will only be permitted if mitigation measures reduce noise to an acceptable level to safeguard the amenity of future occupiers. Applications must be accompanied by a noise assessment to demonstrate that occupiers/users will not be exposed to unacceptable levels of noise, having regard to relevant noise exposure categories noise standards and corresponding advice.

4. Development involving potential noise generating development will only be permitted in appropriate locations where there is no adverse impact on amenity.

5. Proposals for plant and machinery that result in harm to amenity will not be permitted. Developments must not contribute to cumulatively higher noise levels and, must be designed so as not to increase the lowest measured background level.

This Policy should be read in conjunction with Core Strategy Policy 32.

Justification and guidance on implementation

9.4.1 Noise is an inherent part of everyday life. It contributes to the character of different places (its absence marks places of tranquillity and its presence in areas of mixed activities contributes to vibrancy). The impacts of noise depends on the context, but high levels can have a considerable affect on human health, productivity and quality of life. Given the existing mix of land uses and activities and the need to make the most sustainable use of land, there is the potential for conflict between noise sensitive and noise generating developments. The impacts of noise are a material planning consideration, and this should be managed through the development process recognising that existing businesses wishing to develop should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established.

9.4.2 The effect of noise can be minimised by separating conflicting developments. Noise sensitive developments / land uses should not be located close to major sources of noise, such as road, rail, and certain industrial developments unless the effects can be mitigated. New noise generating development must be located away from noise sensitive development/uses (such as schools, hospitals, residential
units, open space, and nature conservation sites) unless mitigation measures are used effectively to
reduce noise levels.

9.4.3 A concentration of new noise generating plant equipment, through a process of ‘background creep’, can
cumulatively result in increasing the background noise levels. Developments of this type must therefore
achieve a reduction in noise generation so that, over time, there is not a further increase in overall
background noise levels.

9.4.4 In line with the London Plan Sustainable Design and Construction SPG, developments should minimise
the adverse impacts of noise. Good design measures and an effective layout to minimise the adverse
impact of noise should be part of any overall package of noise reduction, and should be considered in
advance of, and in addition to, sound insulation. This will ensure that sound insulation is not used in
isolation, and that more consideration is given to the way the development can reduce noise, as well
as how landscaping could enhance soundscapes.

9.4.5 Where a proposed development has the potential to negatively impact on a noise sensitive development
or new noise sensitive development is proposed near major sources of noise, the Council will require a
noise assessment to investigate noise levels and determine the effectiveness of mitigation measures.

9.4.6 When assessing proposals, the Council will have regard to relevant noise exposure standards and
internal noise standards which apply to particular uses.

9.5 Light Pollution

DMD 69

Light Pollution

  1. Development which results in light pollution that has a harmful impact on local amenity, nature conservation/wildlife, environment, and will not be permitted.
  2. Development should limit and, where possible, reduce the adverse impact of light pollution.
  3. Where necessary, the Council will require developers to submit a Light Assessment Report and take measures to control the level of illumination, glare, and spillage of light. Restrictions on the hours of operation may also be imposed.

This Policy should be read in conjunction with Core Strategy Policy 32.

Justification and guidance on implementation

9.5.1 This policy seeks to prevent loss of amenity through glare and light spillage whilst ensuring that other benefits associated with lighting, such as facilitating opportunity for evening activities and increasing the perception and experience of safety and security, are realised.

9.5.2 Developers will need to submit a Light Assessment Report detailing the affect that the proposed development will have on neighbouring residential properties. This should include mitigation measures to secure safer access routes and crime reduction. A Light Assessment Report will be required to assess light pollution, detailing lighting levels and spread, having regard to best practise such as ILE Guidance Notes for Reduction of Light Pollution.

9.6 Water Quality

DMD 70

Water Quality

  1. New development that adversely affects water quality, including waterways, identified Source Protection Zones (SPZ) or Aquifers will not be permitted.
  2. In consultation with the Environment Agency, the developer must consider the risks arising to water quality from development.
  3. Applications for developments involving high risk activities in SPZs or Aquifers must be accompanied by a Risk Assessment to determine whether the proposed use would pose a threat to water quality, and Mitigation and Management Strategies to identify suitable measures to deal with the risk.

This Policy should be read in conjunction with Core Strategy policies 21 and 32.

Justification and guidance on implementation

9.6.1 Improving water quality meets a number of key objectives: it increases the potential for the recreational use of Enfield’s water resources; it provides a better quality environment for and opportunities to enhance biodiversity; it also helps to maintain a good quality supply of drinking water. Where a Water Framework Directive (WFD) assessment is required the developer will need to demonstrate there is no adverse ecological impact on the ability of the waterbody to meet its WFD targets.

9.6.2 Further policies on waterways and surface water are set out in 8 'Tackling Climate Change'. Groundwater is a significant contributor towards our drinking water supply; supporting wetland ecosystems and surface water flows as part of the wider water cycle.

9.6.3 There are a number of source protection zones 3 and aquifers 4 in the borough, these are areas of groundwater storage or sensitive areas of extraction where the risk to groundwater quality may need to be considered. The policy seeks to protect these areas.

Source Protection Zones

Maps showing the locations of Source Protection Zones in Enfield can be found at: http://www.environment-agency.gov.uk.

 


1 Rio Declaration on Environment and Development, made at UNCED 1992.

2 When materials are taken away and treated off site but are brought back to use on the site.

3 Aquifer - underground layers of water-bearing permeable rock or drift deposits from which groundwater can be extracted.



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