Chapter 7 - Environmental Protection

7.1 This chapter deals with the many facets of environmental protection which have land use implications including pollution, unstable land, contaminated land and flooding. Part 1 of the UDP outlines a number of strategic objectives relating to environmental protection. A key objective is to ensure a reasonable standard of residential amenity in new development and to provide a physically safe and clean environment for all communities. In this respect Part 1 advocates the 'precautionary principle' in respect of development proposals that have environmental implications i.e. assume the activity might be damaging unless it can be proved otherwise. Policies in this Chapter provide the more detailed land-use planning framework for environmental protection.

7.3 Planning Policy Wales (2002) and accompanying TANs contain guidance on a wide range of environmental protection issues and what Unitary Authorities should include in their development plans. Unitary Authorities need to consider:

7.5 Recent years have witnessed an increase in, and strengthening of legislation concerning environmental protection. One key piece of legislation was the Environmental Protection Act 1990 which extended the scope and effectiveness of pollution controls. Planning Authorities must operate alongside other agencies which have statutory responsibilities regarding environmental protection.

7.6 The main environmental regulator is the Environment Agency Wales which has responsibility in Wales for several areas of environmental concern including flooding and the pollution of air, water and land. Other bodies which have a role to play in environmental protection include the Health and Safety Executive, Dwr Cymru/Welsh Water and other County Council functions such as Regulatory Services which has responsibility for environmental health.

7.8 Strategic Policy in Part 1 seeks to protect the environment of Denbighshire. Policies in this Chapter deal with potentially polluting development as well as the location of development which would be sensitive to pollution. Policies also seek to ensure a safe environment for communities by controlling development on land liable to flooding, unstable land, contaminated land and development involving hazardous installations. The safe disposal of foul sewage and surface water resulting from development is also addressed.

7.10 The aims of the chapter are to protect the environment from the effects of pollution and other hazards and it therefore has positive environmental effects. The Environmental appraisal led to improvements to policy ENV 1 regarding the aquatic environment and the introduction of a new policy regarding water resources.

DEVELOPMENT WILL NOT BE PERMITTED WHERE IT WOULD

UNACCEPTABLY HARM THE ENVIRONMENT AND / OR THE AMENITY OF NEARBY PROPERTIES, IN TERMS OF;

i) POLLUTION OF SEA, SURFACE WATER OR GROUNDWATER;

ii) EMISSIONS OF AIRBORNE POLLUTANTS;

iii) VIBRATION, ODOUR, NOISE, LIGHT OR OTHER POLLUTION.

It is important to protect the environment and quality of life by controlling development which would lead to unacceptable levels of land, water pollution, air pollution or other nuisances such as noise and smells. However, it is not the role of land use planning to duplicate controls which are the statutory responsibility of other agencies including other County departments. This Policy is intended to prevent development which would unacceptably impact on current and future land uses through the effects of pollution.

Planning powers can exercise greatest control over noise and light pollution by imposing conditions which can limit the method and hours of operation. The impact of noise and light pollution in or near statutorily designated areas and on the enjoyment of other areas of landscape, wildlife and historic value will also be taken into account. Policy REC 6 in the Recreation Chapter gives further guidance on 'noisy sports' developments.

POLLUTION SENSITIVE DEVELOPMENT WILL NOT BE ALLOWED TO LOCATE CLOSE TO SOURCES OF POLLUTION UNLESS APPROPRIATE MEASURES CAN BE TAKEN TO SAFEGUARD AMENITY.

Development will not be permitted where it would be incompatible with an existing use of land. For example, residential or other sensitive developments will not be allowed where they would suffer unacceptable levels of amenity due to exposure to existing sources of pollution whether this is from noise generation, odours or airborne pollutants such as dust. Not only could this reduce the quality of life but it could lead to future complaints that may prejudice any future development or expansion of an existing land use.

DEVELOPMENT WHICH WOULD INCREASE THE REQUIREMENT FOR WATER WILL NOT BE PERMITTED UNLESS ADEQUATE WATER RESOURCES EXIST, OR ADDITIONAL WATER RESOURCES CAN BE MADE AVAILABLE WITHOUT CAUSING UNACCEPTABLE HARM TO WATER QUALITY, ECOSYSTEMS, FISHERIES OR RECREATION/AMENITY INTERESTS.

Many new developments will require an adequate means of water supply, however over abstraction of surface and groundwater resources can cause environmental and other damage. New development should be located in areas already served by adequate water resources, or in areas where new provision can be made without causing unacceptable harm to the environment and other interests. For example over abstraction can reduce river flows causing harm to fisheries, aquatic ecosystems and habitats, recreational / amenity value and water quality.

DEVELOPMENT WILL NOT BE PERMITTED UNLESS SATISFACTORY ARRANGEMENTS CAN BE MADE FOR THE DISPOSAL OF FOUL SEWAGE AND SURFACE WATER, IN PARTICULAR:

i) PROPOSALS WILL NOT BE ACCEPTABLE IF THEY WOULD OVERLOAD AND AFFECT PREJUDICIALLY EXISTING SEWERAGE OR SEWAGE TREATMENT FACILITIES OR CREATE OR INCREASE SEWAGE POLLUTION;

ii) PROPOSALS FOR PRIVATE WASTE WATER TREATMENT / DISPOSAL FACILITIES WILL NOT BE ACCEPTABLE WHERE CONNECTION TO A PUBLIC SEWER IS FEASIBLE, OR WHERE THEY WOULD LEAD TO POLLUTION, OR UNACCEPTABLY HARM CONTROLLED WATERS;

iii) WHERE NECESSARY, SURFACE WATER SYSTEMS WILL BE REQUIRED TO INCORPORATE APPROPRIATE FACILITIES FOR THE TREATMENT OF SURFACE WATER DRAINAGE PRIOR TO DISCHARGE.

Development will not be permitted if it would lead to pollution and impose an unacceptable burden upon sewage disposal infrastructure. The disposal of foul sewage by means of septic tanks and private treatment facilities will only be considered where connection to a public sewer is not feasible. In such circumstances it will only be acceptable in relation to small-scale development where it has been substantiated that they will work efficiently. Certain parts of the County are identified as groundwater protection zones where water is abstracted and in such locations the use of septic tanks will be carefully assessed.

Development on green field sites usually results in an increase of impermeable land which can alter the natural water cycle. Surface water from impermeable areas is generally conveyed by drains and sewers directly, or via a sewerage system, to a watercourse. Such arrangements not only reduce the natural recharge of groundwater, which wastes a valuable resource and increases pollution risk, but can also increase river flows. Increased river flows can damage the banks and bed of a water course and increase the risk of flooding.

Wherever practicable surface water should be disposed of as close to the source as possible. Where potential risks are identified appropriate flow attenuation facilities or mitigation measures may be required. Consideration should be given to the use of softer engineering structures such as swales, detention ponds, infiltration basins and porous surfaces as alternatives to conventional drainage where appropriate. It may be necessary to use planning conditions / agreements to ensure the maintenance and renewal of any attenuation facilities or mitigation measures provided as part of a development.

When determining development proposals the LPA will consult where appropriate with relevant agencies regarding sewerage matters and, in particular, Welsh Water and the Environment Agency Wales. The relevant agencies must provide conclusive technical evidence to demonstrate that a development would be harmful in terms of increased pollution. Unless this evidence is available then it will be difficult for the LPA to refuse a development solely on the grounds of inadequate means of disposal of foul sewage and surface water.

One area of concern is Rhyl Cut (a classified main river) which has insufficient capacity to deal with additional surface water drainage. Development which would unacceptably affect Rhyl Cut in terms of surface water drainage may have to make or contribute to the provision of new pumping facilities to overcome this problem.

DEVELOPMENT OF NEW OR EXTENSIONS TO EXISTING WASTE WATER TREATMENT AND DISPOSAL WORKS WILL BE PERMITTED OUTSIDE THE COASTAL PLANNING ZONE WHERE THE WORKS DO NOT UNACCEPTABLY HARM:

i) LANDSCAPE ESPECIALLY WITHIN THE AREA OF OUTSTANDING NATURAL BEAUTY, AREA OF OUTSTANDING BEAUTY, LOCAL LANDSCAPE AREAS OR HISTORIC LANDSCAPES;

ii) NATURE CONSERVATION VALUE ESPECIALLY STATUTORILY PROTECTED SITES, LOCAL ‘WILDLIFE SITES’ AND PROTECTED SPECIES;

iii) OPEN SPACE AND RECREATIONAL LAND;

iv) THE BEST AND MOST VERSATILE AGRICULTURAL LAND;

v) RESIDENTIAL AMENITY OR THE AMENITIES OF OTHER SENSITIVE LAND USES;

vi) HISTORIC FEATURES AND AREAS.

This Policy deals with the provision of waste water treatment works outside the Coastal Planning Zone. Policy CPZ 5 of the Coastal Planning Chapter allows for the development of treatment plants but only where there are no suitable sites outside the Coastal Planning Zone.

The provision of new treatment plants is broadly supported as it can improve the quality of coastal and river water and allow development which may not otherwise have been acceptable without improved disposal facilities.

Whilst it is recognised that new treatment plants can bring environmental benefits the protection of landscape, nature conservation interests, open space, agricultural land and of residential amenity are key concerns. Buildings and any associated plant, machinery, infrastructure and access should be located, sited, designed and landscaped so as to not be visually intrusive especially in protected areas. New or expanded waste water treatment plants should not have an unacceptable effect on residential amenity especially through the emission of odours.

DEVELOPMENT WHICH WOULD RESULT IN AN UNACCEPTABLE RISK FROM FLOODING, EITHER ON OR OFF-SITE, OR WHICH WOULD ADVERSELY AFFECT FLOOD MANAGEMENT OR MAINTENANCE SCHEMES WILL NOT BE PERMITTED.

Development within areas of flood risk are not only at risk of flooding, but may also exacerbate existing or create new flooding problems on other land or property through reductions in floodplain storage capacity or by impeding flood flows. Information regarding flood risk may be held by the Environment Agency Wales, or by the County Council. Where detailed information on areas at potential risk from flooding is not available, as is the current situation in much of Denbighshire, developers will be required to carry out detailed technical investigations to evaluate the extent of the risk. The UDP will seek to prevent the loss of the natural flood plain and guide development away from areas at risk of flooding. Where development is permitted for special or exceptional reasons, then appropriate and environmentally sympathetic flood protection and mitigation measures must be taken to safeguard life and property.

Certain developments may increase the risk of flooding elsewhere. For example, developments which result in the replacement of permeable surfaces with impermeable surfaces such as roofs and paved areas may increase the rate and volume of surface water run-off. The consequences of this include an increase in the risk of flooding on other land and in downstream areas as well as physical damage to the river environment. Where these problems are likely, the developer must demonstrate that successful and environmentally sympathetic measures can be taken to mitigate or alleviate the problem if the development is to be permitted. The advice of the Environment Agency Wales will be sought regarding these matters.

Coastal flooding is dealt with by Policy CPZ 4 in the Coastal Planning Zone Chapter.

DEVELOPMENT THAT WOULD BE AT RISK FROM GROUND INSTABILITY OR THAT WOULD INCREASE THE RISK FROM GROUND INSTABILITY ELSEWHERE WILL NOT BE PERMITTED UNLESS APPROPRIATE PRECAUTIONS CAN BE TAKEN.

This Policy aims to safeguard life and property from ground instability such as landslips and subsidence. Therefore, unless mitigating measures can be taken, development will not be permitted where it would be at risk from unstable land or increase the risk of ground instability elsewhere.

It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimately it is the responsibility of the developer to ensure that land is safe and suitable for development. Although the Local Planning Authority will try to ensure that a development will not be put at unacceptable risk the subsequent liability for safe development and secure occupancy of a site rests with the developer and / or landowner.

DEVELOPMENT WILL NOT BE PERMITTED ON OR CLOSE TO CONTAMINATED LAND UNLESS IT CAN BE DEMONSTRATED THAT THERE IS NO UNACCEPTABLE RISK TO LIFE, THE ENVIRONMENT, WATER RESOURCES OR PROPERTY.

Contaminated land is typically the legacy of past industrial and chemical land uses although it may be the result of naturally occurring radiation.

Bringing contaminated land back into beneficial use is supported, however it is important that certain conditions are met in order to safeguard life and property. Where a site is proposed for development, which is known or suspected to be contaminated, developers will be required to undertake a detailed survey to identify the extent of contamination and how contamination problems can be overcome. Ultimately it is the responsibility of the developer to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development. Furthermore, precautions may be needed to ensure that contaminants cannot escape from the site which may cause air or water pollution, or pollution of nearby land. If reasonable doubt remains then the precautionary principle approach will be adopted and the development refused.

HAZARDOUS DEVELOPMENT, AND DEVELOPMENT OF RESIDENTIAL AND OTHER LAND USES CLOSE TO HAZARDOUS DEVELOPMENT WILL ONLY BE PERMITTED WHERE THERE ARE NO UNACCEPTABLE RISKS TO THE PUBLIC OR SURROUNDING LAND USES.

Hazardous development relates to those industries which use hazardous substances as notified under the Planning (Control of Major Accident Hazards) Regulations 1999 and accompanying Regulations. It is important to ensure that hazardous development does not put the public at risk. It is also equally important to ensure that development such as housing and community facilities are not put at unacceptable risk by locating close to hazardous installations. The advice of the Health and Safety Executive will be sought regarding development near notified hazardous installations. Controls may exist under the Planning (Hazardous) Regulations 1992 even where planning permission is not required.