Protecting Biodiversity
5.5.1 Section 40 of the Natural Environment and Rural Communities Act 2006 places a duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity. Local planning authorities should take a pragmatic approach, the aim should be to fulfil statutory obligations in a way that minimises delays and burdens.
5.5.2 The NPPF in paragraph 9 states that pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):
5.5.3 The NPPF states at para 109 that the planning system should contribute to and enhance the natural and local environment by:
Sites of International and National Importance
5.5.4 As set out in Section 2, the borough includes parts of designated sites of international importance for nature conservation in the form of the South Pennines Special Protection Area (SPA) and Special Area of Conservation (SAC). The South Pennine Moors is also nationally protected as a UK Site of Special Scientific Interest (SSSI), the only such site in the borough.
5.5.5 Where a plan or project is likely to have a significant effect on a European Site (SAC/SPA) (either individually or in combination with other plans and projects) and is not directly connected with or necessary to the management of the site, the Habitats Regulations require an Appropriate Assessment of the implications for the site. In light of the conclusions of the Assessment, the competent authority shall agree to the plan or project only after ascertaining that it will not adversely affect the integrity of the site concerned, taking into account any mitigation measures proposed. In considering new development the Council will ensure that the requirements of the Habitats Regulations are met. These requirements do not only apply to development within the International Sites themselves. Development on sites outwith the designated sites can have significant effects on them and the qualifying species present. The Council’s Habitats Regulation Assessment (March 2018) explains this and has identified six proposed housing allocations in and around Worsthorne and Brownside where sites may be used for foraging by qualifying bird species. The requirement for ecological surveys at the time of any planning application to establish the presence of qualifying species has been included in the site specific requirements set out in Policy HS1. These surveys will inform whether a Habitats Regulations Assessment is needed and address any mitigation required. This may include the retention of particularly suitable land within the sites or the creation or long term maintenance of alternative suitable habitat.
Regional and Local Sites
5.5.6 Burnley has 43 Local Wildlife Sites, known in Lancashire as Biological Heritage Sites (BHS). These are the most important non-statutory wildlife sites in Lancashire and cover a wide variety of habitats such as ancient woodland, grassland, and wetlands. The quality and interconnectivity of these sites is vital to sustain wildlife in the context of pressures arising from urbanisation, agricultural intensification and climate change.
5.5.7 Burnley also has five Local Geodiversity Sites (LGS) (formerly Regionally Important Geological and Geomorphological Sites) identified by GeoLancashire as the most important places for geology and geomorphology outside statutorily protected sites such as SSSIs. They are important as an educational, historical and recreational resource.
5.5.8 No allocations are proposed on nationally or internationally designated sites or on BHS or LGS, and policies in the plan will seek to protect these sites from development. These sites are shown on the Policies Map.
5.5.9 The Burnley Wildlife and Habitat Survey 2007101 surveyed all the BHS and other sites of known potential wildlife value in the borough and identified a small number of sites considered worthy of BHS status or which could extend existing BHS and others that could be downgraded from BHS status to local wildlife sites of borough rather than county significance. It is understood that these recommendations have not to date been accepted by the County BHS Review Panel.
Local Nature Reserves
5.5.10 Local Nature Reserves (LNRs) are a statutory designation made under Section 21 of the National Parks and Access to the Countryside Act 1949. There are two Local Nature Reserves (LNR) in Burnley - the Deer Pond in Towneley Park and Lowerhouse Lodges. Both are also BHSs. The land area of these two nature reserves totals 11.47 hectares. LNRs are for both people and wildlife offering convenient access to nature and providing special opportunities to study or learn about nature or simply to enjoy it. All district and county councils have powers to acquire, declare and manage LNRs. To qualify for LNR status, a site must be locally important for wildlife, geology, education or public enjoyment.
5.5.11 The Burnley Green Infrastructure (GI) Strategy 2013 highlights the under-provision of LNRs in Burnley. Natural England recommends 1 hectare of LNR per 1,000 population. On that basis Burnley should have 87 hectares of designated LNR, which would mean that the borough has a shortfall of 75.53 hectares. The establishment of further LNRs over the Plan period would significantly enhance biodiversity and increase access to nature for residents.
5.5.12 The GI strategy identified a number of ‘areas of search’ for additional LNRs and the Council’s Green Spaces Strategy 2015 recommended that these be progressed towards LNR designation in partnership with Burnley Wildlife Forum and Lancashire Wildlife Trust (recommendation NSN2). Possible areas of search were included in the Issues and Options Local Plan of 2014. Whilst the precise boundaries of these potential new LNRs have not been drawn up or declarations pursued they are likely to be within the areas identified as Protected Open Space under Policy NE2 and/or sites identified as BHS or outwith the Development Boundaries.
Protected Species
5.5.13 A number of species of plants, birds and animals are specifically protected by European or national legislation due to their significance or vulnerability. The level of protection will vary according to the species and the particular legislation that protects it, but in general they will be protected from taking, killing or injuring or from the damage or destruction of a breeding site or resting place. Where development would affect such species, the developer needs to put in place measures to protect the species in question. This may involve providing alternative habitat for the species or actually moving (translocating) the species temporarily or permanently. Where development requires planning permission and is likely to result in harm to a protected species or its habitat, the Council will expect a developer to provide an ecological survey and/or details of measures to safeguard the species in order that the Council can properly address the issue, taking advice, including from Natural England, as necessary.
5.5.14 The aim of protected species legislation is to protect the populations of the species, not necessarily to protect them or their habitats in situ.
Priority Habitats and Species
5.5.15 England’s Biodiversity List published under Section 40 of the Natural Environment and Rural Communities Act 2006 (NERC Act) by the Secretary of State lists species of flora and fauna and habitats considered to be of principal importance for the purpose of conserving biodiversity. These are known as Priority Habitats and Species and some of these may be protected under other designations e.g. SSSIs or protected species legislation. The list of habitat types is extensive and not all are mapped. The aim of the list is to protect the populations of the species and extent of habitats that support them, not necessarily protect the species or habitats in situ.
Ecological Networks
5.5.16 Ecological networks are habitat patches suitable for particular types of species connected by movement corridors through the intervening habitat matrix which are important for maintaining biodiversity. Lancashire County Council has identified three key ecological networks across Lancashire; grassland, woodland and heath/wetland,102 collectively known as the ‘Lancashire Ecological Network.’ To date, specific ecological networks have been identified and mapped for grassland and woodland habitats. These are identified on the Policies Map. Work on a wetland and heath network is at a draft stage.
5.5.17 These networks are made up of ‘core sites’ and ‘corridors’. Statutorily protected sites and BHSs are core sites, whilst the corridors fall into three types: ‘linear’ features such as rivers or woodland; ‘stepping stones’ - small patches of intact habitat that may be Priority Habitats; and ‘landscape’ corridors - mixed habitat types that allow species to move between habitat patches.
5.5.18 These networks also form important Green Infrastructure links which Policy SP6 seeks to protect, enhance and extend. Collectively, they form a network of corridors and stepping stones, allowing the survival and dispersal of species of biodiversity priority.
Policy
5.5.19 Whilst legislation and national policy affords the highest protection to the international designations, European protected species and nationally protected species, the Council is aware of the importance of its wider duty to conserving biodiversity. The Local Plan seeks to ensure that these important issues are effectively integrated into its spatial approach.
5.5.20 In developing the Local Plan, a desk top study of potential site allocations and their known ecological assets was carried out for the Council by the Lancashire Environment Record Network (LERN) (June 2015 and December 2016 supplement). This incorporated the results of the site walkover survey work carried out for a majority of the sites. Further site survey work was carried out in 2017 for the remaining sites.
5.5.21 No allocations are proposed on designated sites and policies in the Plan will seek to protect these sites from development.
5.5.22 A number of the sites considered for allocation are known or likely to house Protected or Priority Species or comprise or include Priority Habitats.
5.5.23 Where appropriate and in particular where Protected Species and/or Priority Habitats or Species are known or likely to be present, developers will be expected to undertake appropriate ecological surveys prior to the submission of planning applications, and where appropriate, to take advice from suitably qualified and experienced persons who hold any necessary survey licences for protected species. Development should avoid harm to Protected Species and/or implement appropriate mitigation measures and/or provide compensatory habitat as necessary.
5.5.24 Scoping surveys (often called extended phase 1 surveys) are useful for assessing whether a species-specific survey is needed. Ecological surveys and assessments should be proportionate to the nature and scale of development proposed and the likely impact on biodiversity. All surveys should be carried out at the right time of year, using methods that are appropriate for the range of habitats present and the flora and fauna species likely to be found.
5.5.25 Lists of ecological consultants and further guidance on conducting ecological surveys may be available from relevant professional institutes, for example, the Chartered Institute of Ecology and Environmental Management (CIEEM).103 Developers should take advice from Natural England where European Protected Species are known or likely to be present as a mitigation licence may be required.104 Free or paid advice on certain developments is available from Natural England.105
Policy NE1: Biodiversity and Ecological Networks
| 1) All development proposals should, as appropriate to their nature and scale, seek opportunities to maintain and actively enhance biodiversity in order to provide net gains where possible. Development affecting Sites of National and International Importance 2) Development proposals which are likely to have a significant effect on a European Site (SAC/SPA)106 (either individually or in combination with other plans and projects) should be subject to an Appropriate Assessment. Development that is considered to adversely affect the integrity of a European Site will not be permitted. 3) Development proposals will not be permitted where there is likely to be an adverse effect on sites of national importance for biodiversity and/or geology.107 In exceptional circumstances, development proposals may be considered acceptable where the benefits of the development clearly outweigh both the impacts that the development is likely to have on the defining features of the site and the broader impacts on the national network of that designation. Where adverse effects are unavoidable, these should be minimised and mitigated against, and where this cannot be achieved, compensated for. Development affecting local and regional sites 4) Development proposals will not normally be permitted where there is likely to be an adverse effect on sites identified as being of local or regional importance for biodiversity and/or geology108 unless the benefits of the development clearly outweigh the impacts that the development is likely to have on the key ecological features of the site and the wider Ecological Network. Where an adverse effect is likely, applications should be accompanied by a detailed ecological assessment from suitably qualified or experienced persons. Where adverse effects are unavoidable these should be minimised and mitigated against, and where this cannot be achieved, compensated for. Development affecting Protected and/or Priority Species and Priority Habitats 5) Where sites are known or likely to house Protected Species, Priority Species and Priority Habitats, surveys should be carried out by suitably qualified or experienced persons to establish the presence, extent and density of these species and habitats before planning applications are determined and appropriate measures should be taken to safeguard these habitats and species before any development commences. 6) For Protected and Priority Species, the first preference is to avoid disturbance, the second to provide suitable inter-connecting new habitats for these species within the development site. If this is not feasible, suitable alternative habitats should be provided such that there is no net loss of biodiversity. 7) For Priority Habitats, where practicable, areas of Priority Habitat should be retained, enhanced or created within the development site, or, suitable alternative habitat created elsewhere. If this is not feasible, contributions towards the cost of habitat creation or improvement elsewhere may be required. Where for reasons of viability none of the above solutions are possible, the benefits of the development should clearly outweigh the loss of the habitat concerned. Maintaining Ecological Networks 8) Where development may adversely affect the effective functioning or connectivity of Ecological Networks defined on the Policies Map, in addition to meeting any of the above listed policy requirements, schemes should:
|
Open Spaces
5.5.26 Parks and green spaces are good for people’s health, the local economy and the environment. There is unequivocal evidence that living in proximity to green spaces increases well- being and reduces mortality rates regardless of income. Living near to green spaces is proven to encourage physical activity and reduce obesity and stress, which are two of the most significant health issues facing the UK.
5.5.27 Green spaces also help to create attractive environments in which people will choose to live and in which business will invest.
5.5.28 The NPPF identifies that: “Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities” and paragraph 73 states that planning policies should be based on robust and up-to-date assessments of the needs for open space, sports and recreation facilities and opportunities for new provision.
5.5.29 The Council’s Green Spaces Strategy 2015-2025 provides a comprehensive audit of all types of green space in terms of quality, quantity and accessibility. It identifies local quantity, quality and accessibility standards for each type of open space and uses these local standards to identify surpluses or deficiencies with recommendations for resolving any key issues. The Strategy divides open space into a number of typologies. It also informs the open space requirements for new housing developments set out in Policy HS4.
5.5.30 The provision of playing pitches is considered in the separate Playing Pitch Strategy that the Council has jointly prepared with Pendle and Rossendale Borough Councils (see paragraph 5.7.24). Some playing pitches will be within open spaces protected under Policy NE2 or protected as wider green infrastructure under Policy SP6; but their function in terms of meeting identified sporting need and any development proposals affecting their provision as such would be assessed under Policy IC5.
5.5.31 In meeting the development requirements identified in Policies SP3 and SP4, and the NPPF’s approach to housing development which seeks to boost significantly the supply of housing including by meeting in full the demand for affordable and market housing, open spaces within settlements can come under pressure from development as well as the open countryside.
5.5.32 The Plan therefore proposes to identify and protect the most important of these remaining open spaces. These are identified on the Policies Map and listed in Appendix 7. Whilst the policy protection set out in NE2 applies to all these protected open spaces, their typology will inform what development if any could be supported within them e.g. development to enhance their recreational, community and nature conservation value may be acceptable.
5.5.33 The sites to be protected were identified using a bespoke appraisal of all the Council’s greenspaces scored against criteria relating to their scarcity, quality, visual amenity and GI functions. This work will be published as an addendum to the Council’s Green Spaces Strategy. It could be used by communities to help identify Local Green Space e.g. on non-Council owned land in Neighbourhood Plans.109
5.5.34 In addition to the open spaces protected under Policy NE2, certain other types of open space will be protected either in situ e.g. as SSSIs and BHSs (NE1), Registered Parks and Gardens (HE2); or in terms of requiring alternative provision where these are to be lost to development e.g. playing fields and pitches (Policy IC5). Where development which is otherwise acceptable affects other open spaces not identified for specific protection under Policy NE2, their location for example as within an Ecological Network corridor (NE1) and their importance as green infrastructure (SP6) will be assessed including against the Council’s Green Spaces Strategy to determine whether part of the site should be retained or enhanced as open space or alternative provision made in areas where there is or would be a deficit of open space.
Policy NE2: Protected Open Space
| 1) Development will not be permitted within the Protected Open Spaces shown on the Policies Map except where the proposals are for appropriate recreational, community and nature conservation uses and where any building and structures would not undermine the fundamental purpose and nature of the site as open space. 2) Protected Open Spaces should be maintained and enhanced for the recreational, amenity, biodiversity or other benefits they provide and as an important component of Burnley’s green infrastructure network. |
Landscape Character
5.5.35 One of the core principles in the NPPF is that planning should recognise the intrinsic character and beauty of the countryside. It states that the planning system should contribute to and enhance the natural and local environment by, amongst other things, protecting and enhancing valued landscapes. It further states that local plans should include strategic policies for the conservation and enhancement of the natural and historic environment, including landscape.110
5.5.36 An estimated 80% of the borough is open land and the borough’s open landscapes are one of its greatest assets. They provide a visually striking setting for the urban area, a recreational resource and a ‘green lung’ in close proximity to the built-up area. Burnley’s identity and its distinctive sense of place and history is derived from the quality of its natural landscape and from its industrial heritage, in particular its textile heritage.
5.5.37 The borough falls across two National Character Areas; No. 35 Lancashire Valleys (2013) and No. 36 Southern Pennines (2012).111 5.5.38 The Landscape Strategy for Lancashire’112 included a Landscape Character Assessment that identified 21 landscape character types and three urban landscape types across the County. Six of these are found in Burnley:
5.5.39 The Landscape Strategy makes specific, detailed recommendations for the planning and management of these landscape types.
5.5.40 The ‘South Pennines Wind Energy Landscape Study’ (October 2014) and ‘Landscape Guidance for Wind Turbines up to 60m high in the South and West Pennines’ (January 2013) also includes a detailed analysis of local landscape characteristics.
Protecting and Responding to Landscape Character
5.5.41 Natural features combine with man-made features and human activity (past and present) to create landscape character which contributes to local distinctiveness and reflects the long-term interaction between human activity and natural processes. The individual or cumulative impact of development or land-use change can detrimentally affect landscape character.
5.5.42 Where development is judged to be acceptable in principle e.g. on allocated sites, suitable sites within the Development Boundaries or development in the open countryside that accords with Policy SP4; development may inevitably change the character of the existing landscape. Such development in its design and layout can still respect the existing landscape character, for example by respecting existing contours, retaining key field boundaries such as dry stone walls or hedgerows, following historic and traditional development patterns e.g. addressing village road/green or verge frontages, retaining and incorporating existing mature trees and avoiding overly urbanized forms of development in rural areas e.g. standard pavement and street-lighting schemes and highly engineered cul-de-sacs.
5.5.43 Development should be sensitively designed to contribute positively to the character of the local landscape in terms of its location, siting and design wherever possible. The Lancashire Landscape Character Assessment and National Character Area Profiles 35 and 36 are important tools to inform design decisions on the impact of development on the local landscape.
5.5.44 Good design can often avoid the need for screening which itself can appear incongruous in the landscape. Where landscape screening is appropriate and for landscape schemes in general, this should utilise native species to maintain or where possible enhance biodiversity.
5.5.45 As appropriate to their nature and scale, planning applications should be supported by a landscaping scheme that responds to the above matters and includes new landscaping measures that positively integrate the development into the landscape character of the area. In some cases they should also be supported by a landscape analysis which should take account of, as a minimum, the Lancashire Landscape Strategy and information obtained from the Lancashire Historic Environment Record.
Policy NE3: Landscape Character
1) The Council will expect development proposals to respect and where possible, enhance and restore landscape character, as appropriate to their nature and scale. Development proposals should ensure that:
2) Planning applications should be supported by a landscaping scheme that responds to the above matters and includes new landscaping measures that positively integrate the development into the landscape character of the area. 3) Planning applications should be supported by a landscape analysis and management plan in appropriate cases. This should take account of, as a minimum, the Lancashire Landscape Strategy and information obtained from the Lancashire Historic Environment Record. |
Trees, Hedgerows and Woodland
5.5.46 The importance of trees in delivering high quality places to live, work and spend leisure time is widely recognised. Trees add significant value to development in terms of social (health and well-being), economic (improving the image and desirability of an area) and environmental (shading from the sun, reducing flooding and improving air quality) benefits. Integrating trees and associated green spaces into developments early in the design process can minimise costs and maximise the benefits they can provide.
5.5.47 The NPPF at paragraph 118 states that “planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss.”
5.5.48 Local planning authorities have a wider statutory duty when determining planning applications to include appropriate and adequate provision for the preservation and planting of trees. They also have a duty to consider the making of tree preservation orders for individual trees, groups of trees or woodlands.113
5.5.49 The Council will consider the making of Tree Preservation Orders (TPOs) in respect of trees of moderate and high quality which have life expectancy of at least 10 years and are of visual amenity value. TPOs could be made in response to perceived threats e.g. development proposals, notifications of proposed works to trees in Conservation Areas; or following work or studies which have identified trees of exceptional landscape value, e.g. areas where tree cover is particularly low, trees that contribute to the setting of a listed building, trees which are part of a deliberate composition e.g. a focal point or an avenue, trees which aid screening and buffering (visual/noise) and trees with historical or botanical interest or of particular importance as wildlife habitat. Threats will include felling or poor quality or unnecessary pruning such as lopping and topping.
5.5.50 Hedgerows provide important habitat for a range of flora and fauna. Under the Hedgerows Regulations 1997 it is unlawful to remove or destroy certain hedgerows without permission from the local planning authority. Permission is normally required to remove hedgerows that are at least 20 metres in length, more than 30 years old and contain certain plant species. The Council will assess the importance of the hedgerow using criteria set out in the regulations before deciding whether to grant permission.
5.5.51 Development proposals which involve the loss of protected, aged, veteran trees or areas of mature or ancient woodland will not be supported unless the public benefits of the proposal clearly and demonstrably outweigh the loss. For other trees and hedgerows, development proposals should also seek to retain these, or where this is not practicable or desirable taking into account their species, condition or location, replacement trees and planting may be required, either directly or through a planning contribution. Development will be expected to retain prominent mature healthy trees.
5.5.52 In order to properly assess potential impacts, where there are trees that could affect, or be affected by a planning application, the Council may require a tree survey to be submitted in support of the application indicating which trees are to be retained and how these will be protected during construction works. This requirement will normally apply to trees which:
Policy NE4: Trees, Hedgerows and Woodland
| Protected trees, hedgerows and woodland 1) Development proposals that lead to a loss of protected trees, important115 hedgerows, prominent mature or aged or veteran trees or areas of mature or ancient woodland will not normally be permitted. 2) The Council will consider the making of Tree Preservation Orders where trees of moderate and high quality which have a life expectancy of at least 10 years and are of visual amenity value may be affected by future development or have been recognised as having public value. 3) Works to protected trees will only be granted consent where these:
4) The felling of protected trees will only be allowed where:
5) Where the felling of protected trees is allowed, replacement planting will normally be required. Trees and hedgerows within development sites 6) Development proposals should provide for the protection and integration of other existing trees and hedgerows for their wildlife, landscape and/or amenity value. Where trees or hedgerows will be lost due to new development and this is considered acceptable on balance, the Council may require developers to replant trees of appropriate species on site where it is practicable to do so; or off site where it is not. The extent of replanting will not necessarily be a 1:1 ratio but will reflect the age, number and size of trees or length of hedgerows to be lost and the environment and likely survival rate for replacement trees. Where development proposals would affect or be affected by trees or established woodland on or adjacent to the development site, the Council may expect planning applications to be accompanied by:
|
Environmental Protection
5.5.53 Excessive levels of air, land, noise, energy, vibration, light and water pollution have the potential to have an adverse impact on environmental quality, ecology, health and wellbeing. It is therefore essential to ensure that, wherever possible, all forms of pollution are considered, controlled and mitigated against as part of the development process.
5.5.54 The NPPF at paragraph 110 states that in preparing plans to meet development needs, the aim should be to minimise pollution and other adverse effects on the local and natural environment and at paragraph 109 that the planning system should contribute to:
5.5.55 The NPPF at paragraph 14 also requires the Local Plan to meet objectively assessed needs unless: any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or specific policies in the NPPF indicate development should be restricted.
5.5.56 These imperatives can sometimes pull in different directions. Housing, employment, retail and leisure developments will have impacts on the environment. Many of these impacts can be avoided by location and design, whilst others cannot e.g. many developments will generate additional vehicle journeys both during their construction and operation. In such cases, where development is required to meet identified requirements, including on sites specifically allocated for development in the Plan, and in circumstances where short or longer term adverse impacts cannot be entirely avoided, the Council will expect appropriate mitigation measures to be explored.
5.5.57 In failing to meet legislative air quality limits for nitrogen dioxide emissions, the Government has made a commitment to improve air quality in the UK. Implementing measures to reduce air pollution at a local level is therefore extremely important. Although there are no formal Air Quality Management Areas (AQMAs) in the borough,116 there are several areas of the borough where traffic emissions are impacting on air quality.117 Paragraph 124 of the NPPF states: “Planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan.”
5.5.58 Policy SP4 sets out the Plan’s overall development strategy and seeks to focus development on Burnley and Padiham and in other in areas accessible by public transport. Policies SP4 and SP5 set out the requirements for addressing energy efficiency through design. Policies IC1 and IC2 set out policies to encourage the use of more sustainable forms of transport and Policy IC3 includes provision for charging points for ultra-low emission vehicles (e.g. electric cars).
5.5.59 Where a specific development proposal has the potential to result in adverse environmental effects, the Council will adopt the ‘polluter pays’ principle whereby the developer should meet the costs of mitigation or contribute towards environmental improvements elsewhere through planning contributions. The cumulative effects of various sources of pollution will be taken into account and detailed assessments to evaluate the level of risk and to identify appropriate measures to satisfactorily mitigate the risk of pollution may be required.
5.5.60 Development that is sensitive to pollution that is within legal limits will not be appropriate where existing sources of pollution cannot be satisfactorily mitigated or where it would prejudice the viability of other important land uses by reasons of its sensitivity to pollution.
5.5.61 Policy NE5 deals with the light pollution aspect of external lighting schemes. Other policies address the impact and design of lighting units e.g. SP4,SP5, NE3 TC8 and any relevant historic environment policies.
5.5.62 The Borough has a legacy of sites which are unstable or potentially unstable due to past mining, quarrying and landfilling activity. The Coal Authority has identified locations of potential instability arising from historic coal mining activity, which may contain one or more of such legacy issues, as ‘Development High Risk Areas’.118 These High Risk Areas cover some 23% of the borough and whilst most sites are likely to be unaffected, there is a potential for direct risks associated with subsidence and the potential collapse of workings and shafts in these areas. Instability may also arise from factors such as natural underground cavities, natural or artificial slopes, subsidence, or ground compression. The Council will require surveys of land that is potentially unstable to demonstrate that land is or can be made safe for occupiers and neighbours.
5.5.63 Where development may affect protected nature conservation sites or species e.g. through light pollution, or groundwater or watercourses, early engagement should be made by the applicant with Natural England, the Environment Agency and United Utilities, as appropriate.
Policy NE5: Environmental Protection
| 1) Development proposals, as appropriate to their nature and scale, should demonstrate that environmental risks have been evaluated and appropriate measures have been taken to minimise the risks of adverse impacts to air, land and water quality, whilst assessing vibration, heat, energy, light and noise pollution both during their construction and in their operation. Air Quality 2) The Council will seek to ensure that proposals for new development will not have an unacceptable negative impact on air quality and will not further exacerbate air quality in AQMAs or contribute to air pollution in areas which may result in an AQMA. Applicants should consult with the Council’s environmental health service to establish if the proposed development is located within an AQMA. 3) An air quality assessment will be required where a development may result in a significant increase in air pollution, or lead to a significant deterioration in local air quality resulting in unacceptable effects on human health, local amenity and/or the environment. Assessments shall address the following:
4) The Council will support and promote the provision of charging points for ultra-low emission vehicles.119 Light Pollution 5) New lighting schemes should be appropriate to the type of development and its location. Proposals for outdoor lighting should not have an unacceptable adverse impact by reason of light spillage or glare on neighbouring building/uses, the countryside, highway safety or biodiversity in line with Policy NE4. Where appropriate, a light impact assessment will be required as part of the application submission. Noise Pollution 6) Developments generating noise which is likely to create significant adverse impacts on health and quality of life and cannot be mitigated and controlled through the use of conditions or through pre-existing effective legislative regimes, will not be permitted. Contaminated Land120 7) On sites that are known to be or potentially contaminated,121 applicants will be expected to carry out an appropriate survey by a suitably qualified and experienced person.
Unstable Land 8) On sites that are known to be or where there is reason to suspect them to be unstable and the risk of instability has the potential to materially affect either the proposed development or neighbouring uses/ occupiers, applicants will be expected to carry out an appropriate assessment by a suitably qualified and experienced person to demonstrate that the proposed development is safe and stable or can be made so. This should:
9) Where remediation, treatment or mitigation works are considered necessary to make the site safe and stable and/or to protect wider public safety, conditions or obligations will be imposed to ensure appropriate works are completed prior to the commencement of development or in accordance with an alternative programme agreed. Water Quality 10) Development will not be permitted where it would have an adverse effect on the quality or quantity of groundwater resources or watercourses and water bodies. |
Policies in this Section
| CC1: Renewable and Low Carbon Energy (not including wind) |
CC4: Development and Flood Risk |
| CC2: Suitable Areas for Wind Energy Development | CC5: Surface Water Management and Sustainable Drainage Systems (SuDS) |
| CC3: Wind Energy Development |
101 Golder Associates for Burnley Borough Council December 2007
102 Lancashire Ecological Network and Framework report 2013
104 Licences may be required for proposals that would affect protected European protected species including for works to capture rescue or translocation. Planning consent does not over-ride the need to obtain such licences.
106 In the borough these currently comprise the SAC/SPA (see paras 2.7.11 and 5.5.4) but could in future include the sites types listed in para 118 of the NPPF - if identified
107 Sites of Special Scientific Interest (SSSI)
108 Biological Heritage Sites, Local Geodiversity Sites, Local Nature Reserves
109 Local Green Space is defined in the NPPF paras 76, 77 and 78
110 NPPF paras 17, 109 and 156
111 NCA’s are areas that share similar landscape characteristics compiled by Natural England, full details of each of the NCA’s can be viewed at http://publications.naturalengland.org.uk/publication/12237027
112 Lancashire County Council 2000 available at http://www.lancashire.gov.uk/council/strategies-policies-plans/environmental/landscape-strategy.aspx
113 Sections 197 and 198 of the Town and Country Planning Act 1990
114 BS 5837 2012 Trees in relation to design, demolition and construction - Recommendations:
115 ‘Important’ is defined in the Hedgerow Regulations 1997 http://www.legislation.gov.uk/uksi/1997/1160/contents
116 The Council monitors for the pollutant nitrogen dioxide (NO2) at 25 sites throughout the borough. At March 2018 there had been no annual exceedances in relation to those sites with the annual maximum mean for NO2 being 40 micrograms per metre cubed. https://www.burnley.gov.uk/business/environmental-health/environmental-protection/air-quality-burnley
117 Local Air Quality Management Policy Guidance (PG16) http://laqm.defra.gov.uk/documents/LAQM-PG16-April-16-v1.pdf DERFA
118 Development High Risk Areas are shown on a plan entitled “Coal Mining Referral Area” available on The Coal Authority website
119 Specific minimum provision standards are set out in Policy IC3 – Appendix 9
120 Refer to definition in the Environmental Protection Act 1990: Part 2A Contaminated Land Statutory Guidance, DEFRA
121 The Council maintains a contaminated land register
< Previous | ^ Top | Next >