Knowsley Replacement Unitary Development Plan - Knowsley Council

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ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION POLICY ENV5: CONTAMINATED LAND 1. New development will not be permitted if there is existing contamination on the site which could, as a result of the proposed development, place the occupiers or users of the development, ecological systems, the water environment or surrounding land uses at unacceptable risk. 2. Where there is evidence that a site may be unacceptably affected by contamination, proposals shall be accompanied by a site investigation report and schedule of remedial measures. 3. Where remedial measures are necessary then a verification report must be submitted before the development is brought into use to demonstrate that remedial work has been satisfactorily completed. 4. Where ongoing monitoring and risk assessment are necessary, reports must be submitted to the Council on an agreed basis. The developer must undertake any further investigations or remedial measures which the risk assessment shows to be required. EXPLANATION ENV5 13.21 Previously developed sites may have been affected by past land use in such a way that may cause harm to human health or the environment. Such sites need to be brought back into beneficial use in line with the Government’s policy on regeneration of brownfield sites. 13.22 Historically, the main industries within Knowsley have included collieries, the extraction of other minerals (including, gravel, sandstone, marl, clay and pebble beds), cable manufacture, watch making and potteries. The deposit of various materials has taken place within various locations, for example through the infilling of excavations. Potential sources of contamination include for example chemical or biological contamination or contamination from gas from any source. Issues of stability and subsidence should also be considered when proposing development on made or potentially contaminated ground. PROCEDURES 13.23 It is the developer’s responsibility to find out the extent of any harmful substances affecting their sites. It is important to protect the development site and other receptors from any contamination. However, the Council will have regard to sources of information at its disposal and will provide advice to developers. 13.24 Where there is evidence that a site is potentially contaminated, the Council will require site investigations and risk assessments to be carried out. Details of these, together with any remedial measures that are considered to be necessary and their timetable for completion, should be submitted, normally at the planning application stage, and agreed with the Council. Where there is evidence that development of a contaminated site could cause risk to an existing ecosystem, applicants will also be required to submit an ecological survey with the application together with details of how the risk would be mitigated. 13.25 Planning conditions or legal agreements will be used to ensure that agreed remedial measures are carried out to the approved timetable, and that the satisfactory completion of such measures is verified by a suitably qualified expert. A verification report, including evidence to confirm that works have been satisfactorily completed, must be submitted before such conditions can be fully discharged. Evidence should include for example: photographs; on site logs and records; results of any validation testing; waste transfer notes; and delivery notes for new materials. Where monitoring and risk assessment are needed after the development is complete this must be reported to the Council according to prior agreement. The developer is responsible for carrying out any further remediation works which such risk assessments indicate are necessary. 13.26 Under Part IIA of The Environmental Protection Act 1990, the Council has prepared a strategy (see footnote 17 ) which describes how it will inspect its area for contaminated land, and seek to secure the remediation of any land which is found to be contaminated. Developers are advised to have regard to any liability that they may have under this legislation when carrying out development proposals. Failure to remediate sites to a standard compatible with the part IIA regime may leave a developer liable for future remedial works. POLICY LINKS Policy ENV9 “Protection of Habitats and Designated Sites” Policy ENV6 "Landfill Gas" POLICY ENV6: LANDFILL GAS 1. Development on former landfill sites, or within 250 metres of current or former landfill sites will only be permitted, where the applicant can clearly demonstrate that there is no risk from the generation or migration of landfill gas or other hazardous substances, or that satisfactory measures can be taken to counter any possible hazard either to the development site or other receptors. 2. Residential development will not be permitted where active gas control measures are necessary. 3. Where remedial measures are necessary a verification report must be submitted before the development is brought into use to demonstrate that remedial work has been satisfactorily completed. 4. Where ongoing monitoring and risk assessment are necessary, reports must be submitted to the Council on an agreed basis. The developer must undertake any further investigations or remedial measures which the risk assessment shows to be required. EXPLANATION ENV6 13.27 The decomposition of material within landfill sites can cause the generation of landfill gas. This gas can migrate in any direction through permeable ground, structures such as drains or even dissolved in water. Gas can subsequently enter or affect adjacent land or buildings and pose an unacceptable risk to human health, property or ecosystems. Without control, the accumulation of gas may lead to explosions and fire risk, or to odours and the risk of asphyxiation or toxic effects. The latter may also affect ecosystems. 13.28 In the event of failure of active gas control measures an unacceptable risk would be presented to property. Gas monitors used to back up such systems may also fail. In the event of such failures there would be a very high risk of a serious incident. It is therefore the Council’s policy not to permit residential development where site conditions are such as to require active gas control measures. This approach is in line with guidance (see footnotes 18 and 19 ). 17 ”Contaminated Land Inspection Strategy” Knowsley MBC, June 2001 18 Building Regulations 2000, Approved Document C “Site Preparation and Resistance to Moisture 19 BR212 “Construction of New Building on Gas Contaminated Land” Building Research Establishment 156 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 157
ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION ENVIRONMENTAL PROTECTION AND NATURE CONSERVATION PROCEDURES 13.29 Article 10 of the Town and Country Planning (General Development Procedure) Order 1995 requires the Council to consult with the Waste Regulation Authority (now the Environment Agency) before granting planning permission for development within 250 metres of land which: a. is or has, at any time in the 30 years prior to the submission of the application, been used for the deposit of refuse or waste; or b. is or has been notified to the Council by the Waste Regulation Authority for the purposes of this provision. 13.30 The Environment Agency maintains a publicly available register of former landfill sites, and notifies Knowsley Council of sites within the Borough. The statutory distance where consultation is required (250 metres) is a minimum, and the Council may consult the Environment Agency about suspect sites outside the consultation zone. The Council will consult closely with the Environment Agency at all stages of an application, as advised in Department of the Environment Circular 17/89. 13.31 It is the developer’s responsibility to supply the following information if required: i) A site investigation report containing information on the nature and extent of landfill gas and any other harmful mobile substances; ii) A site specific risk assessment for gas; iii) A schedule of any remedial measures that are necessary to prevent migrating gas or other harmful substances causing a hazard either during the course of development or during the subsequent use of the site; iv) Where remedial measures are put in place a verification report; and v) Where appropriate, evidence that adequate provision has been made for the continued monitoring of gas on site. 13.32 Planning conditions or legal agreements will be used to ensure that appropriate measures are incorporated into proposals to control the migration of gas or other mobile substances and to monitor and if necessary remediate any potential problems following development. POLICY LINKS Policy ENV9 “Protection of Habitats and Designated Sites” Policy ENV5 “Contaminated land” POLICY ENV7: FLOOD RISK AND DRAINAGE 1. Development at an unacceptable risk of flooding will not be permitted. Where a development would be within an area of flood risk, the applicant will be required to: a) submit evidence to establish that the development could not be practicably located within an area of lower or no flood risk. b) submit a flood risk assessment, which will fully assess the risks of flooding associated with the development in accordance with the requirements of Planning Policy Guidance note 25 "Development and Flood Risk". 2. Development will not be permitted if it may cause an unacceptable risk of flooding elsewhere. 3. Mitigation measures will be required, where necessary, to manage flood risk associated with or caused by new development. These should: a) Be derived from a flood risk assessment; b) Be fully described in the planning application; c) Be fully funded - including for the provision of long-term maintenance - as part of the development; and d) Contribute to the biodiversity resource of the Borough. 4. New development will not be permitted unless a Sustainable Drainage System is incorporated into the overall design. Exceptions may be made where it can be demonstrated that: a) The Sustainable Drainage System would be likely to cause either significant land or water pollution; or b) The site’s ground conditions would preclude the use of a Sustainable Drainage System; or c) The size of the site precludes the use of a Sustainable Drainage System; or d) The proposed Sustainable Drainage System could cause damage to adjacent buildings or sites. EXPLANATION ENV7 13.33 It is recognised by the Council that flood risk is likely to increase as a result of climate change. Planning Policy Guidance Note 25 “Development and Flood Risk” requires new development to be consistent with the sustainable management of river systems. Within Knowsley this means having regard to Merseyside-wide initiatives including the Mersey Basin Campaign and the Alt/Crossens Action Plan 2000+. 13.34 The areas currently identified as being at risk from flooding within Knowsley are within the catchment of the River Alt in the northern part of the Borough and Ditton Brook to the south. These areas are based upon the most up to date data from the Environment Agency. Policy ENV7 requires proposals for new development (other than for very minor development such as small extensions and alterations) that are to be located in an area of flood risk to be accompanied by evidence to establish that there are no areas of lower or no flood risk available for that development. 13.35 The policy also imposes controls over new development which may itself increase flooding elsewhere by increasing surface run-off, thereby over stretching the capacity of watercourses and sewers. To control run off as close to the source as possible, the use of Sustainable Drainage systems (SuDs) is often appropriate. These represent a move away from traditional piped drainage systems to those that mimic natural drainage processes e.g. balancing ponds and infiltration devices. 13.36 Part 4) of this policy aims to complement Part H of the Building Regulations 2000 by ensuring that SuDS are incorporated into the overall design of the development. The policy will apply to developments comprising one dwelling or more and also to applications for new retail, industrial and warehousing, as well as commercial uses such as hotels. 13.37 SuDS may be inappropriate in areas which comprise soils with low infiltration rates or where there may be an increased risk of polluting land or water. For example, SuDS may not be suitable for use on contaminated sites or where industrial development is proposed that uses or stores hazardous materials. It will be the responsibility of the applicant to demonstrate why it may be inappropriate to incorporate SuDS into the overall design of their scheme. Whilst secondary benefits such as the creation of new biodiversity habitats are to be welcomed, the primary functions of SuDS must take priority. 158 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 159
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Knowsley Replacement Unitary Develo
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CONTENTS Contents SECTION A: INTROD
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INTRODUCING THE PLAN CHAPTER 1 Intr
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INTRODUCING THE PLAN KEY ISSUES AND
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KEY ISSUES AND INFLUENCES KEY ISSUE
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VISION AND OBJECTIVES CHAPTER 3 Vis
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VISION AND OBJECTIVES VISION AND OB
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CORE POLICIES CORE POLICIES POLICY
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CORE POLICIES HOUSING Key Diagram K
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HOUSING HOUSING • Provide a signi
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HOUSING HOUSING MAKING EFFICIENT US
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HOUSING HOUSING 5.41 The North Huyt
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HOUSING HOUSING EXPLANATION H7 5.53
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ECONOMIC DEVELOPMENT ECONOMIC DEVEL
Page 29 and 30: ECONOMIC DEVELOPMENT ECONOMIC DEVEL
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Page 33 and 34: ECONOMIC DEVELOPMENT TOWN CENTRES A
Page 35 and 36: TOWN CENTRES AND SHOPPING TOWN CENT
Page 41 and 42: TOWN CENTRES AND SHOPPING TRANSPORT
Page 43 and 44: TRANSPORT TRANSPORT d) Further deve
Page 45 and 46: TRANSPORT TRANSPORT POLICY LINKS Po
Page 47 and 48: TRANSPORT TRANSPORT POLICY T7: NEW
Page 49 and 50: TRANSPORT TRANSPORT 8.47 These issu
Page 51 and 52: GREEN BELT AND THE RURAL ECONOMY GR
Page 57 and 58: GREEN BELT AND THE RURAL ECONOMY UR
Page 59 and 60: URBAN GREENSPACE, SPORT AND RECREAT
Page 65 and 66: DEVELOPMENT QUALITY AND THE BUILT E
Page 71 and 72: MINERALS, WASTE AND ENERGY MINERALS
Page 77 and 78: MINERALS, WASTE AND ENERGY ENVIRONM
Page 79: ENVIRONMENTAL PROTECTION AND NATURE
Page 83 and 84: ENVIRONMENTAL PROTECTION AND NATURE
Page 85 and 86: COMMUNITY BENEFITS AND PLANNING AGR
Page 87 and 88: MONITORING AND REVIEW IMPLICATIONS
Page 89 and 90: APPENDIX 1: KEY PARTNERS APPENDIX 1
Page 91 and 92: APPENDIX 3: GLOSSARY APPENDIX 3 Glo
Page 93 and 94: APPENDIX 3: GLOSSARY APPENDIX 3: GL
Page 95 and 96: APPENDIX 5: EMPLOYMENT LAND SUPPLY
Page 97 and 98: APPENDIX 6: LOCAL SHOPPING CENTRES
Page 99 and 100: APPENDIX 8: SITES OF BIOLOGICAL AND
Page 101: Directorate of Regeneration and Nei
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Knowsley Replacement Unitary Development Plan - Knowsley Council

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