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5.6 Climate Change

Renewable Energy

National Planning Policy Background

5.6.1 The Government has taken a number of steps to limit the UK’s emissions of greenhouse gases through legally binding targets, both now and in the future. As part of an international effort the UK has been signed up to the Kyoto Protocol since 1995 and in 2016 ratified the Paris Agreement. The 2008 Climate Change Act commits the Government to reducing targeted UK greenhouse gas emissions by at least 80% in 2050 from 1990 levels.

5.6.2 Section 19 (1A) of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to include in their Local Plans “policies designed to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change”.

5.6.3 Paragraph 94 of the NPPF states that local planning authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of flood risk, coastal change and water supply and demand considerations in line with the objectives and provisions of the Climate Change Act 2008. One of the NPPF’s core planning principles is to support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change, by amongst other things, encouraging the use of renewable resources. In Paragraph 93 it identifies the key role planning plays in shaping places to:

• Secure radical reductions in greenhouse gas emissions
• Minimise vulnerability and provide resilience to the impacts of climate change; and
• Support the delivery of renewable and low carbon energy and associated infrastructure

5.6.4 Examples of actions which could impact on climate change by reducing emissions include:

• Reducing the need to travel and providing for sustainable transport
• Providing opportunities for renewable and low carbon energy generation
• Providing opportunities for decentralised energy and heating
• Promoting low carbon design approaches to reduce energy consumption in buildings

5.6.5 Examples of actions which could help adaptation to a changing climate include:

• Considering future climate risks when allocating development sites to ensure risks are understood over the development’s lifetime
• Considering the impact of, and promoting design responses to, flood risk and coastal change for the lifetime of the development
• Considering availability of water and water infrastructure for the lifetime of the development and design responses to promote water efficiency and protect water quality
• Promoting adaptation approaches in design policies for developments and the public realm

5.6.6 The Lancashire Climate Change Strategy sets out a framework for how the sub-region will work together towards meeting its target that “Lancashire is low carbon and well adapted by 2020” and identifies the carbon savings that can be achieved through four key sectors: domestic, transport, business and public sector and land use.

Renewable Energy Generation in Burnley

5.6.7 In addition to helping reduce greenhouse gas emissions, minimising the use of finite resources and improving the UK’s energy security, renewable energy generation can stimulate investment and provide jobs.

5.6.8 The UK Renewable Energy Strategy 2009 indicated that 15% of the UK’s energy demand would be met by renewable energy in 2020. In 2014 14.44% of Burnley and Pendle’s electricity consumption was met by renewable energy and the area ranks 6^th among English urban areas.

5.6.9 The NPPF states that to help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources, and they should:

• have a positive strategy to promote energy from renewable and low carbon sources;
• design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts;
• consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources;
• support community-led initiatives for renewable and low carbon energy, including developments outside such areas being taken forward through neighbourhood planning; and
• identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co-locating potential heat customers and suppliers.

5.6.10 The NPPF at paragraph 98 clearly states that when determining planning applications, local planning authorities should not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and approve the application if its impacts are (or can be made) acceptable.

5.6.11 The main types of renewable energy currently in use are:

Wind (Electricity):	Small scale – turbines up to 100kW which can provide energy for several buildings with excess surplus sold to the grid or domestic turbines between 1KW- 6KW which can power single properties Commercial – turbines with a power output of 100kw or above. Energy generated would not normally be used on site and would be sold to the national grid
Biomass (Electricity/Heat):	The term biomass describes biological materials from living, or recently living, organisms, whereas the output is referred to as bioenergy or biofuels. Biofuels can be derived from plants, animal waste or human activity and three main processes are employed to generate electricity or heat from these products: Direct combustion of solid biomass. Gasification of solid biomass. Anaerobic digestion of solid, or liquid, biomass. Biofuels are typically used to heat buildings by the use of a stand-alone stove, to provide space heating for a room, or a boiler connected to the central heating and hot water systems. They are also suitable for use in combined heat and power (CHP) plants, but as yet have not been exploited to their full potential in the UK.
Solar (PV) (Electricity):	Solar photovoltaic cells capture energy from the sun and convert it into electricity. The benefits of these panels are that they only require daylight rather than direct sunlight to operate efficiently and can be designed to be highly unobtrusive
Solar thermal (Heat):	Solar heating systems employ solar panels, or collectors, that are usually fixed to the south facing roof of a property. They collect heat from the sun and use it to warm water used within the property.
Heat pumps (Heat):	Heat pumps are used to extract thermal energy from an outside source (i.e. from the ground, air or water) and transfer it into a distribution system to heat a confined space (e.g. a building).
Hydropower (Electricity):	Hydropower harnesses the power of water flowing, or falling, through a turbine to generate electricity. Critical to the suitability of sites are the combination of flow (i.e. the volume of water passing through the turbine) and head (i.e. the vertical distance between the water source and the turbine). The greater the flow or head, the more electricity can be generated. Water can also be stored to help generate electricity when it is most needed.
Low Carbon Schemes (Electricity/Heat):	Combined heat and power (CHP) and district heating/cooling schemes are examples of decentralised energy. Whilst not directly fulfilling commitments under the UK Renewable Energy Strategy, they are an important part of the mix of technologies that can be employed to reduce carbon emissions. CHP schemes typically capture the (residual) heat released when generating heat or electricity and redeploy this close by. In contrast district heating schemes use this residual heat to warm water to temperatures of between 80°C and 130°C and distribute this via a local network to residential and commercial properties for space and/or water heating. District heating schemes can also be fuelled by a wide range of fuel sources (e.g. biomass, solar pv etc.) with the choice of fuels influencing the overall carbon savings. Energy from Waste developments are ‘County Matters’ considered under the Lancashire Minerals and Waste Local Plan. Policy DM4 Energy from Waste requires all developments that include processes of recovering energy from waste to include measures to capture any heat or electricity produced directly or as a by-product of the waste treatment process and either use it on site or export it to the national grid or a local energy or heat consumer.

5.6.12 A number of local studies have examined the potential of Lancashire and/or Pennine Lancashire to facilitate/accommodate renewable energy provision.

The Lancashire Sustainable Energy Study: SQW and Maslen Environmental (2011/12):

5.6.13 This study was in three parts: the first part involved providing Lancashire’s local authorities with resource assessments of the technical renewable energy capacity at 2020 using nationally endorsed DECC and DCLG methodology. The second focused on translating this potential technical capacity to a more realisable deployable capacity. The final part of the study provided updated data on deployable capacity and considered the merits of local authorities setting targets for future renewable energy generation in their local plans.

5.6.14 The study identified a deployable potential in the borough of 81MW by 2030 taking account of current generating capacity and identified constraints. A summary of this breakdown is given in Table 5.

Table 5: Burnley renewable energy deployment projections, 2020 and 2030

Source SQW All figures in Mega-watts MW.

5.6.15 In 2016 renewable energy generation in Burnley accounted for 23% of average electricity consumption and the borough was estimated to have a renewable energy capacity of 34.4 MW¹²².

5.6.16 The borough has the potential to make further contributions to the transition to a low carbon future, including by virtue of its topography and natural assets. Opportunities exist for increased deployment across a range of renewable and low energy technologies.

5.6.17 This must, however, be balanced with the need to protect the borough’s high quality landscape, townscape and the biodiversity value of its designated nature conservation sites (see Policy NE1) and great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance. Where proposals would lead to harm to the significance of a heritage asset or those elements of its setting that contribute to significance, then alternative (less harmful) options should be explored and mitigation maximised in order to reduce the harmful effects as far as it is practically possible. Where conflict between climate change objectives and the conservation of heritage assets is unavoidable, then the public benefit of mitigating the effects of climate change will be weighed against the harm to the significance of the heritage assets (see Policies HE2 to HE4).

5.6.18 Renewable energy developments should be acceptable for their proposed location and there may be particular considerations for certain technologies. There are permitted development rights to install some technologies without the need for planning permission. Wind energy, because of its particular impacts and specific national policy approach, is dealt with separately from Policy CC1 below.

Policy CC1:   Renewable and Low Carbon Energy (not including Wind Energy)

1) Proposals for renewable and low carbon energy development will be supported where they satisfy the requirements of other relevant Plan policies and can demonstrate, after identifying and thoroughly appraising any potential individual and cumulative effects, that any associated impacts are or can be made acceptable. This presumption will apply where proposals: Do not have a significant adverse impact, including by reason of visual impact, on the character of the immediate and wider landscape or townscape; Do not have an unacceptable impact on local amenity, including public rights of way and bridleways; and can successfully mitigate against visual (including glint/glare), noise, smell, pollution or other impacts likely to affect nearby occupiers and/or neighbouring land uses; Do not have an unacceptable impact on ecology, geology, water resources or flood risk, and where possible enhance these functions; Ensure that any waste arising as a result of the development is minimised and dealt with using a suitable means of disposal; and e) Avoid the loss of, or loss of productive use of, the best and most versatile agricultural land and, for large scale developments, prefer previously developed and non-agricultural land, provided that it is not of high environmental value. 2) Where development proposals would have a wider landscape and/or visual impact than their immediate locality, planning applications should be accompanied by an appropriately detailed Landscape and Visual Impact Assessment (LVIA) undertaken by suitably qualified and experienced persons which includes any mitigation measures identified. 3) Where mitigation is required to make any identified impacts acceptable, these will be secured through condition, agreement and if necessary a planning contribution. 4) In assessing renewable energy proposals, the Council will give positive weight to initiatives which are community-led or where there are direct benefits to community through their involvement.

Wind Energy

5.6.19 The borough has a number of operational wind energy sites, the two largest being:

• Coal Clough - 8 turbines (16MW capacity)
• Hameldon Hill - 6 turbines (with further 3 turbines (capacity 7.05MW) consented in August 2017)

5.6.20 There is a growing concentration of ‘very small’ and ‘small’ turbines in the rural area to the north-east of the borough. These turbines are often seen in different landscape contexts to larger scale, commercial turbines which are commonly sited on sparsely settled moorland plateaux and hills. This means that smaller scale turbines tend to raise different siting and design issues.

5.6.21 Cumulative effects are increasingly relevant in the South Pennines given the pace and scale of wind energy development that has occurred in recent years; and will influence the location and amount of additional wind energy development that can be accommodated in a specific Landscape Character Type (LCT). Throughout the borough, but especially in the North West, a key consideration in planning for new wind energy development would be the effect on views to and from Pendle Hill and the wider Forest of Bowland AONB, which lies just to the north of the borough.

National Policy for Wind Energy

5.6.22 The NPPF states that to help increase the use and supply of renewable and low carbon energy local planning authorities should amongst other things “consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources. This includes wind turbines.”

5.6.23 A subsequent Written Ministerial Statement (WMS) on local planning in June 2015 set out revised national policy on wind energy development stating that when determining applications for one or more wind turbines planning permission should only be granted if:

• “the development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Development Plan; and
• following consultation, it can be demonstrated that the planning impacts identified by local communities have been fully addressed and therefore the proposal has their backing."

5.6.24 The WMS also stated that “whether a proposal has the backing of the affected community is a planning judgment for the local planning authority”.

5.6.25 In additional to addressing the planning impacts identified by local communities proposals would need to satisfy other national and local policy considerations.

Areas Suitable for Wind Turbines

5.6.26 Planning Practice Guidance states that there are no hard and fast rules about how suitable areas for renewable energy should be identified but indicates that landscape character areas could form the basis for considering which technologies at which scale may be appropriate in different types of location. Guidance also makes clear that assessment carried out at a county or district level may provide an appropriate scale for assessing the likely landscape and visual impacts of individual proposals.

5.6.27 The National Policy Statement (NPS) for Renewable Energy Infrastructure (read with the relevant sections of the Overarching National Policy Statement for Energy Infrastructure, including that on aviation impacts) states that where plans identify areas as suitable for renewable and low- carbon energy development, they should make clear what criteria have determined their selection, including for what size of development the areas are considered suitable. The NPS provides details of relevant factors that that can influence onshore wind site selection and could therefore inform the identification of suitable areas for wind energy in Local Plans. These include predicted wind speed, the proximity of sites to dwellings, capacity of a site (how many turbines can be accommodated), electricity grid connection and access. It is not considered feasible to undertake an assessment of all factors outlined in the NPS as many are clearly focused on individual site selection rather than the identification of broad areas. These would be more appropriately considered by applicants in determining specific sites.

5.6.28 The Council’s approach to defining suitable areas is based on detailed assessment of landscape and visual impacts of wind turbines impacts on landscape character contained in the following evidence:

Landscape Guidance for Wind Turbines up to 60m high in the South and West Pennines, Julie Martin Associates January 2013:

5.6.29 This study aimed to facilitate a rigorous, structured approach to consideration of landscape and visual issues associated with single turbines and groups of turbines up to 60m in height to blade tip. The guidance within the study is intended to help developers understand (and respond effectively to) the specific landscape and visual issues associated with smaller classes of turbine.

South Pennines Wind Energy Landscape Study, Julie Martin Associates/LUC October 2014:

5.6.30 This study focused primarily on larger scale commercial turbines and updated and expanded an earlier 2010 Julie Martin Associates study, which responded to a growing number of planning applications for wind energy development which raised concern about impacts, especially cumulative impacts, on the character and quality of South Pennine landscapes. The study indicates areas that may be more or less sensitive, in landscape and visual terms, for wind energy development of different scales.

5.6.31 These studies were jointly commissioned by the South Pennines Wind Energy Group authorities (Kirklees, Calderdale, Barnsley, Rossendale, and Burnley) to assess and understand the sensitivity of different landscapes to varying scales of wind turbine development. They are based on National Landscape Character Areas and define local character areas and types using best practice and national landscape assessment guidance. Cross-border and cumulative impacts are also considered, and this is monitored as part of an ongoing process.

5.6.32 Drawing on the study information, it is considered that the landscape Character Type areas listed in Policy CC2 are suitable for some scale of wind turbine development subject to the consideration of the aforementioned evidence, other Plan policies and any other relevant planning considerations. This is consistent with the NPPF’s indication that Local Plans should plan positively to deliver renewable and low carbon technology developments.

Table 6:    Sensitivity of Burnley Landscape Character Types to Wind Energy Development

5.6.33 The table below indicates the power generated by various turbine sizes:

Table 7: Turbine sizes and Outputs

Turbine Size	Turbine height	Approx. average power rating	Approx. number of homes powered per annum (based on DECC figures)
Very small	25m or less to blade tip	12kW	7
Small	25-60m to blade tip	0.5MW	290
Medium	60-90m to blade tip	1MW	580
Large	90-130m to blade tip	2.5MW	1450

5.6.34 Policy CC2 excludes the nationally and internationally important South Pennine Moors SAC/SPA/SSSI from the identified suitable areas. Whilst national policy does not rule out wind energy development within such protected nature conservation sites, paragraph 119 of the NPPF states that the ‘presumption in favour of sustainable development’ (set out in paragraph 14 of the NPPF) does not apply to development affecting international sites which would require an appropriate assessment. In practice it is considered unlikely that wind energy development could be accommodated without adversely affecting the integrity of the South Pennine Moors SAC/SPA. This area lies within the High Moorland Plateaux Landscape Character Type where sensitivities are moderate to high for very small and small turbines and high for large and very large turbines. This area has therefore been excluded from the suitable areas. In Landscape Character Types which adjoin the designated sites, proposals will need to consider impacts on functional land associated with the SAC/SPA/SSSI, for instance land which birds depend on for feeding. Natural England provides advice on assessing these potential impacts.

5.6.35 Suitable areas for wind energy development in Burnley as set out in Policy CC2 include all the borough’s Green Belt land. Policy SP7 reflects the NPPF para 91 which states that when located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases, developers will need to demonstrate very special circumstances if projects are to proceed and that such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

5.6.36 Landscape Character Assessment is recognised as a method of establishing suitable areas for wind turbines. Policy CC2 adopts this approach and sets out the type, scale and general locational requirements for each of the Landscape Character Types which make up the Suitable Areas. If these requirements are satisfactorily addressed, development in these areas would be suitable in principle. However, there are other important issues which require further consideration before a specific proposal could be supported including hydrogeology; the historic environment; ecology and ornithology; noise and shadow flicker impacts and effects on aircraft radar. Wind energy developments that satisfy the requirement of Policy CC2 will need to be assessed on their own merits against the criteria set out in Policy CC3 Wind Energy Development, with detailed consideration of specific landscape and visual (including cumulative) impacts and siting, layout and design.

Policy CC2: Suitable Areas for Wind Energy Development

1) Subject to detailed consideration of landscape, visual, ecological, heritage, cumulative and other environmental impacts in line with Policy CC3 and other relevant policies in the Plan, wind energy development of the scale and type described will be supported within the areas of the borough set out in in 3) below and as shown on the Policies Map.123 These areas correspond to Landscape Character Types (LCTs) defined in the South Pennines Wind Energy Landscape Study (Julie Martin Associates and LUC 2014): 2) In all areas wind turbine proposals should: When locating ‘very small ‘ and ‘small’ turbines, choose sites that are well away from medium or large turbines (in the same or adjoining LCTs), so that the different size classes are not seen together and avoid strong concentrations of turbines in a given area; Avoid close juxtaposition of different small turbine designs and heights, aiming instead for a consistent height and design in a given area; Identify and take account of possible cross-boundary cumulative impacts associated with small turbines in adjoining local authorities; and When locating turbines in LCTs, sites should be chosen away from views to existing turbines in adjoining LCTs, so as not to blur the distinctions between LCTs. 3) LCT A: High Moorland Plateaux (excluding the South Pennine Moors SAC, SPA, SSSI) Within this LCT, new wind energy development should not extend a wind energy influence over a wider area than at present or visually ‘connect’ existing wind energy developments in the same or adjoining LCTs. Wind energy development at new locations in this landscape will be limited to very occasional ‘very small’ or ‘small’ single turbines of consistent height and design. In this LCT, particular care will need to be taken to ensure that: In repowering existing wind energy sites, the surrounding landscape does not become a ‘windfarm landscape’ i.e. a landscape in which the influence of wind energy development dominates landscape character, effectively creating a new character. Wind energy development presents a clear and coherent image that does not visually dominate or overwhelm a specific landform feature, skyline or settlement, especially in the Calder Valley /Cliviger Gorge. LCT C: Enclosed Uplands Small scale development visually associated with settlements or farms, sited away from sensitive skylines or settings e.g. on gentle upland side slopes will be most suited to this landscape type. Locally, where the landscape is somewhat larger in scale (more expansive, with large enclosures or open moorland and sparser settlements) there may be some limited scope for larger turbines or turbine clusters. Wind energy developments in this LCT should avoid visually ‘connecting’ existing wind energy developments (in the same or adjoining LCTs) or dominating the landscape character of the LCT to the extent that its overall character changes. LCT D: Moorland Fringes/Upland Pastures and LCT E: Rural Fringes Small scale wind energy development that is visually associated with settlements or farms, and evenly spread across the landscape rather than concentrated in one particular area, will be most suited to this landscape type. In LCT D adjacent to SAC/SPA/SSSI, wind energy developments should demonstrate a clear association of ‘very small’ turbines with the regular clusters of farm buildings that occur in this LCT. In LCT E, locations close to industry, business parks, major transport corridors and quarried or other brownfield sites may be less sensitive. LCT F: Settled Valleys and LCT G: Wooded Rural Valleys Opportunities are likely to be very limited, but a single turbine that shows clear visual and functional relationships with the building, business or farm that it serves may fit best within the landscape and townscape of these LCTs. In LCT F, the upper valley reaches, which are slightly larger scale and more open, may be somewhat less sensitive than the lower parts of the valleys. In LCT G, adjacent to SAC/SPA/SSSI, siting close to locally existing woodland may screen and help to accommodate turbines. LCT O: Industrial/Business Parks and LCT U: Urban Area Areas that are heavily influenced by major transport corridors or industrial or business activity may have lower sensitivity to wind energy development. Turbines that show a clear visual and/or functional relationship with such land uses may be more easily accommodated in the landscape. In LCT O, siting turbines so that they show a close association with major industrial and/or infrastructure elements may fit best within the landscape. In the wider urban area very small or small turbines which show a clear visual or functional relationship with large public or private land uses, e.g. educational establishments or leisure facilities, may be more easily accommodated in the landscape.

Wind Energy Development

5.6.37 The Council will support proposals for wind energy development within a suitable area as set out in Policy CC2 that satisfy the requirements of the LCT within which they are located as set out in Policy CC2, subject to the criteria set out in Policy CC3 being met and the proposals complying with other relevant policies of the Plan, including policies relating to developments affecting internationally and nationally designated nature conservation sites (Policy NE1) or heritage assets (see Policies HE2 to HE4). (See also paras 5.6.36 and 5.6.17)

Policy CC3:   Wind Energy Development

1) The Council will support proposals for wind energy development providing: The development is located in a suitable area as set out in Policy CC2; The development would not have an unacceptable impact on landscape character as set out in Policy CC2, including cumulative impacts in combination with other existing or approved developments; The development would not result in unacceptable noise or shadow/reflective flicker impacts on local residents and sensitive users of the site or its surroundings e.g. those using public rights of way/bridleways, and would not result in the loss of, or significantly detract from, key views of scenic landmarks or landscape features; Measures are taken to avoid and where appropriate mitigate any negative effect of the development in terms of ecology, geology or hydrology, including; impacts of the development on deep peat areas, nature conservation features, biodiversity and geodiversity including habitats and species; Measures are taken to avoid, and where appropriate mitigate, unacceptable adverse impacts on local amenity resulting from development, its construction and operation. The development would not have an unacceptable impact on the operation of radar systems required for commercial or military aircraft or the Met Office Safeguarded Meteorological Site at Hameldon Hill; The development would not have an unacceptable impact on television and broadband reception or other telecommunications; They avoid the loss of, or loss of productive use of, the best and most versatile agricultural land; Grid connections are kept underground and any site sub-station/control buildings are appropriately sited and small in scale; and Supporting infrastructure (including access tracks through the site, associated cables and operational equipment) do not have a significant adverse impact on the site and its surroundings, including any Public Rights of Way. 2) Proposals for wind energy development should be accompanied by: An appropriately detailed Landscape and Visual Impact Assessment (LVIA)undertaken by an appropriately qualified and experienced person that assesses the impact of the proposed development on landscape. This should include assessment of cumulative landscape and visual impacts including photomontages illustrating the proposed development in context of existing or consented turbine development and other landscape features, and plans illustrating the extent of visual impact; and A Construction Environmental Management Plan and proposals for managing the decommissioning and removal of the turbines and the restoration of the site. 3) In assessing wind energy proposals, the Council will give positive weight to community- led initiatives or where there are direct benefits to community through their involvement. 4) Where mitigation is required to make any identified impacts acceptable these will be secured through condition and/or legal agreement including, where necessary, through planning contributions.

Flood Risk

5.6.38 Flooding from rivers is a natural process that plays an important role in shaping the natural environment. However, flooding can threaten life, disrupt the local economy and cause substantial damage to property in both urban and rural communities. Although flooding cannot be wholly prevented, risk of flooding can be reduced and its impacts can be mitigated through good planning and management, including through a ‘managed adaptive approach’, for example setting a development away from a river so it is easier to improve flood defences which, whilst they may not be necessary at the present time, may be necessary in the in future.

5.6.39 Flood Zones refer to the probability of river and sea flooding. In respect of river flooding, Flood Zone 1 is low probability (less than 1 in 1,000 annual probability of river flooding); Flood Zone 2 is medium probability (between 1 in 100 and 1 in 1,000 annual probability of river flooding); Flood Zone 3a is high probability (1 in 100 or greater annual probability of river flooding) and Flood Zone 3b is the Functional Floodplain where water has to flow to be stored in times of flood. Flood Zones are defined nationally on the Environment Agency’s Flood Map for Planning (Rivers and Sea), except for Flood Zone 3b which local authorities are normally expected to identify in their Strategic Flood Risk Assessments. Flood Zones ignore the presence of defences and they do not take account of the possible impacts of climate change which affect the future probability of flooding.

The Sequential Test

5.6.40 The NPPF and the accompanying NPPG ‘Planning Guidance on Flood Risk and Coastal Change’ indicate that development should be directed to areas at the lowest risk of flooding. This sequential approach to the location of development aims to avoid, where possible, flood risk to people and property and to manage any residual risk, taking account of the impacts of climate change. To inform this approach, the Council prepares a Strategic Flood Risk Assessment (SFRA) to support its Local Plan, drawing on information on all potential sources of flooding from the Environment Agency, the County Council as Lead Local Flood Authority for Lancashire, and United Utilities.

5.6.41 Flood zoning and sequential testing are designed to minimize development in areas at risk. The level of risk will be dependent on the type of development proposed in a particular Flood Zone and its vulnerability. Whilst all development is considered compatible with Flood Zone 1 (low risk), many types of development are not considered compatible with Flood Zones 3a and 3b. For some types of development in Flood Zones 2 and 3 to be considered acceptable, it must first be demonstrated that it is not possible, consistent with wider sustainability objectives, for the development to be located in zones with a lower probability of flooding. Such developments then also have to satisfy an ‘Exception Test’.

The Exception Test

5.6.42 For the ‘Exception Test’ to be passed it must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk and that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible will reduce flood risk overall.

Flood Risk in Burnley & the Strategic Flood Risk Assessment (SFRA)

5.6.43 In terms of river flooding, the Burnley, Nelson and Colne Flood Risk Management Strategy 2011 identified seven principal flood risk reaches within the borough. In Padiham, flood risk reaches follow the River Calder and Green Brook to their confluence in the town centre and a further reach is identified on Green Brook Upper to the south of Padiham. In Burnley, the main areas at risk of fluvial flooding are Burnley town centre, the adjacent Burnley Wood and Fulledge neighbourhoods, and Thompson Park/ former Burnley College site.

5.6.44 The Council’s Strategic Flood Risk Assessment (SFRA) 2017, updating work carried out in 2009, draws on Environment Agency Flood Zone and Surface Water mapping data and data on local sources of flood risk supplied by the Council’s Streetscene unit, Lancashire County Council and United Utilities. This data was used in the SHLAA and site selection process to inform a sequential approach to the selection of housing and employment sites.

5.6.45 The Level 1 SFRA assessed all the SHLAA sites (and non-housing and employment allocations and their reasonable alternatives) against risks from all sources of flooding. A small number of sites that lie partly within Flood Zones 2 and 3 are identified for allocation. These, and a small number of sites identified as being at a significant risk of surface water flooding in the Level 1 SFRA, have been subject to a Level 2 SFRA. This provides advice as to how flood risk can be mitigated through design, layout and sustainable drainage and informs the overall assessment of the Sequential Test and where necessary the Exception Test.

5.6.46 National guidance states that the Environment Agency’s most recent climate change allowances for peak river flow in the North West should be applied in Strategic and site specific Flood Risk Assessments.¹²⁴ They are expressed as a range of percentage increases depending on the particular Flood Zone, development type and vulnerability, and future lifespan of proposed development or local plan allocation.

Site Specific Flood Risk Assessments

5.6.47 Applicants are required to undertake site specific Flood Risk Assessments for proposals on sites of 1 hectare or greater in Flood Zone 1; all proposals for new development (including minor development and change of use) in Flood Zones 2 and 3 or in an area within Flood Zone 1 which has critical drainage problems (as notified to the local planning authority by the Environment Agency); and where proposed development or a change of use to a more vulnerable class may be subject to other sources of flooding. These FRAs should, if necessary, apply the Sequential and Exception Tests. For minor development and for sites allocated in a Local Plan however, applicants do not need to apply the Sequential Test as, in effect, the Council has done this through their SFRA to support the allocation.¹²⁵

Policy CC4: Development and Flood Risk

1) The Council will seek to ensure that new development does not result in increased flood risk from any source or other drainage problems, either on the development site or elsewhere. 2) No development should take place within 8m of the top of the bank of a watercourse either culverted or open, unless this approach is supported by the Environment Agency or Lead Local Flood Authority. Proposals involving the creation of new culverts (unless essential to the provision of access) will not be permitted. 3) Culverts should be opened up where possible to improve drainage and flood flows. Sequential Test 4) New development on sites not allocated for the use proposed in this Plan, or which do not comprise minor development or changes or use, should be located within Flood Zone 1 unless the Sequential Test as set out in the NPPF and NPPG has been satisfied. Exception Test 5) Development in Flood Zones 2, 3a or 3b on allocated or unallocated sites will only be acceptable where it is of a compatible type as set out in the NPPG (Tables 2 and 3), satisfies the Exception Test set out in the NPPF and NPPG and meets criteria 6b ii) to vi) below. Site Specific Flood Risk Assessments 6) Development proposals on allocated or unallocated sites: of 1 hectare or greater in Flood Zone 1, or in an area within Flood Zone 1 which has critical drainage problems or includes an ordinary watercourse; or in Flood Zones 2, 3a or 3b; should be supported by a site specific Flood Risk Assessment taking account of the Council’s Strategic Flood Risk Assessment (or the most up to date flood risk information available) along with any evidence from the Lead Local Flood Authority (Lancashire County Council), and the Environment Agency to establish whether the proposed development: is likely to be affected by current or future flooding from any source, taking into account the increased risk associated with climate change; will increase flood risk elsewhere or interfere with flood flows; can provide appropriate mitigation measures to deal with potential risks and effects; would be likely to preclude the future implementation of necessary flood risk measures, including the improvement of flood defences; can reasonably maintain access and egress at times of flood; and can be accommodated within the capacity of the water supply, drainage and sewerage networks. 7) Where flood defences exist that protect development sites, any site specific Flood Risk Assessment required should also assess the risk overtopping of defences in extreme events and possible breach analysis evidence. 8) Where mitigation is required to make any identified impacts acceptable, these will be secured through conditions and/or legal agreement, including where necessary through planning contributions.

Surface Water Management and Sustainable Drainage Systems

5.6.48 Through the Flood and Water Management Act 2010, Lancashire County Council was designated as a Lead Local Flood Authority. The County Council is responsible for managing flood risk from all local sources; surface water, groundwater and ordinary watercourses. As part of its role, Lancashire County Council has worked in partnership with Blackpool Council to develop a joint Lancashire and Blackpool Local Flood Risk Management Strategy 2014-2017.

5.6.49 The strategy outlines the duties and responsibilities of flood risk agencies including emergency planning functions; assesses existing and future local flood risk in the county and sets out a Local Flood Risk Management Plan with short and medium term strategic objectives. In order to understand local flood risk in more detail, a number of studies were undertaken to support the Local Strategy including a sub-regional Preliminary Flood Risk Assessment, followed by lower level Surface Water Management Plans and Ordinary Watercourse Studies. These studies are aimed at achieving a greater level of understanding around the main areas of risk across the region so that risk monitoring, further studies and works to reduce flood risk can be prioritised.

5.6.50 The NPPG advises that local planning authorities should work with lead local flood authorities to secure Local Plan policies which are compatible with the local flood risk management strategy. Whilst the current Flood Zone based sequential approach to flood risk sets out clear methodology with regard to flood risk from main rivers or the sea, this does not deal with all flood risk for example from surface water runoff or smaller watercourses. The Council’s SFRA assesses flood risk from all sources.

Sustainable Drainage Systems (SuDS)

5.6.51 Areas with a high percentage of sealed surfaces are vulnerable to excessive run-off and can create problems of flood damage in high rainfall events and overloading of water treatment facilities and resultant potential for diffuse pollution to enter the water cycle.

5.6.52 Sustainable Drainage Systems (SuDS) are a natural approach to managing drainage in and around properties and other developments by slowing or holding back water that runs off. SuDS can improve water quality and also improve local amenity, environmental quality and biodiversity and form part of green infrastructure networks.

5.6.53 In March 2015 DEFRA published national non-statutory technical standards for the design, maintenance and operation of sustainable drainage systems. These include systems to drain surface water from housing, non-residential or mixed use developments for the lifetime of the developments.

5.6.54 The SuDS Manual C753 published by Construction Industry Research and Information Association (CIRIA) in December 2015 covers the planning, design, construction and maintenance of SuDS to assist with their effective implementation within both new and existing developments.¹²⁶

5.6.55 In December 2014 a Written Ministerial Statement on SuDS made changes to national policy making clear the Government’s expectation that SuDS should be provided in major residential or commercial developments. These changes came into effect in April 2015. The NPPG continues to state that priority should be given to the use of SuDS as part of satisfying the Exception Test (see Policy CC4).

5.6.56 From 15 April 2015 Lancashire County Council, in its role as Lead Local Flood Authority , was made a statutory consultee in the planning process for major development proposals which have surface water implications. The County Council produced draft Local Specifications, Standards and Policies on Sustainable Drainage Systems in May 2015.

5.6.57 The Council will expect SuDS to be provided on major developments in line with Policy CC5 below and SuDS will be encouraged and supported on all developments.

Policy CC5:   Surface Water Management and Sustainable Drainage Systems (SuDS)

1) In order to assist in minimising surface water run-off from sites: Existing green infrastructure should be retained and integrated and where possible enhanced in line with Policy SP6; and The use of permeable materials should be maximised. 2) Surface water should be managed at source and not transferred and discharged. The following order of priority for any water discharge should be adopted: A permeable soakaway or some other form of infiltration system An attenuated discharge to a watercourse An attenuated discharge to surface water sewer An attenuated discharge to combined sewer (this should be considered the last resort) 3) In respect of major developments, SuDS will be required and surface water discharges from developed sites should be restricted to QBar rates (mean annual greenfield peak flow).127 A drainage strategy should be submitted detailing the following: The types of SuDS and/or measures; Hydraulic design details/calculations; Pollution prevention and water quality treatment measures together with details of pollutant removal capacity as set out in the current CIRIA SuDS Manual C753 or equivalent and updated local or national design guidance; and The proposed management and maintenance regime for the lifetime of the development.

Policies in this chapter:

IC1: Sustainable Travel	IC5: Protection and Provision of Social and Community Infrastructure
IC2: Managing Transport and Travel Impacts	IC6: Telecommunications
IC3: Car Parking Standards	IC7: Taxis and Taxi Booking Offices
IC4: Infrastructure and Planning Contributions

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¹²² Green Alliance https://renewablelocator.green-alliance.org.uk/

¹²³ The main Policies Map shows the area not identified as Suitable Areas for Wind Energy Development – the Suitable Areas by landscape character type are shown on the Supplementary Map https://www.burnley.gov.uk/sites/default/files/Suitable%20Areas%20for%20Wind%20Energy%20Development%20%28Web%29.pdf

¹²⁴ www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances

¹²⁵ NPPF para 103 footnote 20

¹²⁶ BS 8582 Code of practice for surface water management for development sites gives recommendations on the planning, design, construction and maintenance of surface water management systems for new developments and redevelopment sites.

¹²⁷ https://www.gov.uk/government/publications/rainfall-runoff-management-for-developments A simplified free web-based tool, www.uksuds.com, is available and is approved by the Environment Agency for use in planning applications. http://www.uksuds.com/greenfieldrunoff_js.htm

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