What this policy does
This policy sets out how development should take account of sources of pollution. It requires that development does not lead to, or is subject to, significant adverse effects as a result of noise, vibration, odour, and/or light pollution and where any residual adverse impact is unavoidable then it is mitigated and minimised to an acceptable level. The policy details how land contamination should be considered, to ensure that the land is suitable for the end use. It applies appropriate protection to and from hazardous installations. It requires development to be appropriate for the air quality in the area but also address impacts on air quality.
Policy WS/HS: Pollution, health and safety
Light pollution
1. proposals that include new external lighting schemes or changes to existing external lighting will be permitted where it can be demonstrated that:
a. it is the minimum required to undertake the task, taking into account public safety, crime prevention / security, living, operational and recreational purposes; and
b. upwards or intrusive light spillage and glare is minimised; and
c. there is no unacceptable impact to local residential amenity and landscape character, particularly at settlement edges; and/or on the surrounding countryside, and it minimises any impact to wildlife and nature conservation.
2. All major development proposals, or any other proposals which include large scale lighting schemes (such as the floodlighting of external recreational and sporting facilities/pitches), will be required to submit an assessment of the impact of new external and internal lighting or changes to existing external lighting on any sensitive residential premises both on-site and off-site as well as on the wider surrounding open spaces and, or countryside, where applicable. For certain major and Environmental Impact Assessment (EIA) development (outline or full planning applications), a more detailed lighting impact assessment or strategy may be required at the determination stage. Any assessment should be undertaken considering guidance set out in the Sustainable Design and Construction SPD or successor document.
3. Where necessary, conditions will be used to mitigate and control lighting, including limiting the hours of illumination.
Noise and vibration pollution
4. will be permitted where it can be demonstrated that:
a. proposals will not lead to significant adverse impacts from noise and vibration, including internal, external and cumulative effects and wherever applicable on health and amenity; and
b. any adverse effects/impacts from noise and vibration can be minimised to acceptable levels by appropriate reduction and/or mitigation measures secured by conditions or planning obligations, as appropriate; and
c. for noise / vibration sensitive development, as part of a hierarchy of noise management and mitigation measures, adverse noise effects/impacts have been minimised through the consideration of high-quality acoustic design and layout early in the design process; and
d. proposals are in accordance with local noise / vibration standards and requirements as set out in the Sustainable Design and Construction SPD or successor document.
5. A Noise Impact Assessment will be required to support applications for noise sensitive and noise generating development where noise sensitive uses (existing or proposed) may be exposed to significant or unacceptable noise exposure and impacts.
Air quality, odour, dust and other fugitive emissions to air
6. will be permitted where it can be demonstrated:
a. that it does not lead to significant adverse effects on health, the environment or amenity from polluting or malodorous emissions, dust or other emissions to air; or
b. where a development is a sensitive end-use, that there will not be any significant adverse effects on health, the environment or amenity arising from existing poor air quality, sources of dust, odour or other emissions to air.
7. All major and minor planning applications (excluding householder developments) must submit an Air Quality Statement. This must identify the existing air quality at the site, qualitatively identify sources of emissions to air arising from the proposed development with any likely impact on air quality and identify any mitigation measures. It must consider both the operational and the development phase. A full Air Quality Assessment will be required for applications where air quality is likely to be a significant issue.
8. Proposals for major development will be expected to minimise emissions to air and provide mitigation measures which offset emissions to air and are proportionate to the scale, nature or location of the development.
9. According to the end-use and nature of the area and application, applicants must demonstrate that:
a. there is no adverse effect on air quality in an air quality management area (AQMA) and pollution levels within the AQMA will not have a significant adverse effect on the proposed use/users; and
b. the development will not lead to the declaration of a new AQMA; and
c. the development will not interfere with the implementation of, and shall be consistent with the Air Quality Strategy 2024-29 or successor document; and
d. the development will minimise the impact on air quality, during demolition, the construction process and, during the lifetime of the completed development; and
e. any sources of emissions to air, odours, dust and other fugitive emissions to air generated by the development are adequately mitigated so as not to lead to loss of amenity for existing and future occupants and land uses; and
f. any impacts on the proposed use from existing poor air quality, odours, dust and other fugitive emissions are appropriately mitigated and minimised to an acceptable level by the developer.
Contaminated land
10. will be permitted where the applicant can demonstrate that:
a. there will be no adverse health impacts to future occupiers due to land contamination (including gas migration) resulting from existing/previous uses of the area; and
b. there will be no adverse impacts to the surrounding occupiers, controlled waters and the environment from suspected/identified land contamination from existing/previous uses, caused by the development.
11. Where land contamination is suspected or known to exist, an assessment must be undertaken by a ‘competent person’ to quantify the risks. It may be necessary to:
a. undertake an intrusive investigation to identify all potential risks from land contamination, and where unacceptable risk is identified:
b. submit a remediation strategy and/or implement mitigation measures.
12. Proposals for sensitive developments on existing or former industrial areas will be permitted where it is demonstrated that land contamination is capable of being remediated appropriate to the proposed end use.
13. Where required, conditions and/or obligations shall be applied to secure appropriate pollution prevention or mitigation measures.
Hazardous installations
14. Proposals for the development of hazardous installations/pipelines, modifications to existing sites, or new development/land uses in the vicinity of hazardous installations or pipelines, will be permitted where:
a. it has been satisfactorily demonstrated that the amount, type and location of hazardous substances would not pose adverse health and safety risks. This includes the storage and disposal of any hazardous inputs and outputs; and
b. it can be evidenced that any necessary special precautions to limit potential societal and environmental risks to an acceptable degree will be in place prior to the commencement of development, to protect future users of the site and to protect any other affected land.
15. Any development in proximity to a site with a Hazardous Substances Consent must demonstrate that the design/ layout has due regard to the Hazardous Substances Consent and, that the benefits of the development outweigh the level of residual risk.
Environmental nuisance / pollution and the agent of change principle
16. will be permitted where:
a. it will be compatible with existing surrounding uses; and not give rise to unreasonable restrictions being placed on existing businesses and community / cultural facilities both now and in the future; and
b. it has been clearly demonstrated how existing noise and vibration, odour, dust, lighting and other potential nuisances or other sources of environmental pollution will be avoided, mitigated, and managed by including consideration of the following:
i. ensuring good design avoids, mitigates and minimises existing and potential nuisances generated by existing uses and activities located in the area; and
ii. exploring mitigation measures either at receptor or at source early in the design stage, with necessary and appropriate provisions including ongoing and future management of mitigation measures secured through planning obligations; and
iii. separating new sensitive development where possible from existing noise or other pollution -generating businesses and uses through distance, screening, internal layout, sound-proofing, insulation and other design measures.
Supporting information
The policy is required to prevent new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of light, noise and vibration, air, water, soil pollution or land instability.
Light pollution
The lighting of new developments, or changes to existing external lighting must be carefully designed to ensure that areas are appropriately lit, while avoiding or minimising light pollution. Lights should be carefully selected and sited for their purpose, directed only on to the area where they are needed, and where necessary should be shielded by way of appropriate landscaping. Whilst the lighting must be adequate for the purpose, it is important that there is no significant adverse impact on the amenity of surrounding properties, landscape character (particularly at settlement edges) and on the environment (including wildlife). Where necessary, conditions will be used to mitigate and control lighting, including limiting the hours of illumination, such as: angle of lights; light levels; column heights; shielding; specification and colour; retention of screening vegetation; or use of planting and bunding.
Where proposals include external lighting requiring planning permission, the councils recommend that details of lighting schemes are submitted as part of the planning application to demonstrate that the proposed scheme is appropriate in terms of its purpose and setting. For all lighting proposals, the applicant should identify the purpose and use of the lights, the potential users of the lighting scheme (e.g. for recreation facilities) and the hours the lights will be in operation (summer-time and winter-time). The hours of operation will be expected to be kept to a working minimum and applicants should demonstrate this in their application. Keeping the use of the lighting to a minimum will reduce the impact the lighting may have on the environment. Details of the proposed lighting scheme, light mitigation scheme or strategy, as appropriate should be in line with the latest nationally accepted guidance available at the time of the application (including but not limited to the Institute of Lighting Professional guidance) and submitted with the planning application. However, it is acknowledged that lighting is often a detailed design matter and may not have been finalised for all applications at the submission stage.
The policy requires all major development proposals, or any other proposals which include large scale lighting schemes (such as the floodlighting of external recreational and sporting facilities/pitches), to undertake a lighting assessment in accordance with the Sustainable Design and Construction SPD (2020) or successor document.
For certain major and Environmental Impact Assessment (EIA) development (outline or full planning applications), a more detailed lighting impact assessment or strategy may be required at the determination stage. If this is the case the lighting impact assessment or strategy should be undertaken having regard to and in accordance with the Institute of Lighting Professionals ‘PLG04 – Guidance on Undertaking Environmental Lighting Impact Assessments’ and any additional guidance set out in the Sustainable Design and Construction SPD or successor document.
Where possible and appropriate, schemes will achieve lighting levels in line with current best practice guidance on bats (see Sustainable Design and Construction SPD) and with the artificial lighting at night Bat Conservation Trust Guidance Note August 2023. If mitigation is not deemed possible (by LPA ecology officer(s) case-by-case evaluation of the proposals) then the scheme design will be required to be changed.
Noise and vibration pollution
Typical sources of environmental noise within the district include transport: road, rail and air traffic; industrial; commercial and business premises; landfill operations; construction and sport and recreation / and food, drink and entertainment venues. The internal and external acoustic environment and good acoustic design in and around new noise sensitive and noise generating development should be considered as early as possible in the development management process. Any other relevant issues, for example how the acoustic design will avoid any unintended adverse consequences on other living conditions such as indoor air quality and overheating, should also be considered.
When possible, proposals should consider opportunities to protect, improve and enhance the acoustic environment in the immediate vicinity, including promoting positive soundscapes appropriate for the local context. Proposals for residential development near an existing noise source will be required to demonstrate that the proposal would not be subject to an unacceptable noise impacts/effect both internally and externally. are those, both existing and proposed, with human receptors that are most susceptible to adverse noise impacts. These mainly include premises where people live and or sleep overnight including dwellings (houses, flats, bungalows and maisonettes), residential institutions (hospices, residential care and nursing homes), hotels and rooms for residential purposes (including student accommodation / halls of residence, school boarding houses and hostels) and healthcare (hospitals and other medical facilities with accommodation for patients and families)
Prevention through high quality acoustic design is preferable to mitigation and for most development, an acoustic design statement demonstrating what good acoustic design process has been considered and followed to mitigate and minimise adverse noise impacts / effects will be required, proportionate to the noise risk. The consideration of high quality / good acoustic design and layout early in the design process is preferable to at receptor noise insulation schemes to habitable rooms and reliance on closed windows, unless otherwise justified. This must be achieved whilst also providing adequate and suitable ventilation and thermal comfort control for future occupants. Proposals should be in accordance with local noise / vibration standards and requirements as set out in any relevant Council guidance.
Where a Noise Impact Assessment is necessary (the Sustainable Design and Construction SPD provides guidance on when this assessment is likely to be required), the remit and methodology will be required to be agreed in advance with the Council and shall be undertaken in accordance with the most relevant and up to date national and industry codes of practice, British Standards and technical best practice and guidance and, shall:
- identify all significant sources of noise and noise sensitive receptors either existing or proposed;
- assess the likely short- and long-term impacts of noise generated or noise sensitive receptor exposure to noise both internally and externally in and around buildings;
- assess the suitability of the site for the development proposed, having regard to noise impact on quality of life and health both internally and externally; and
- for proposals which are identified as giving rise to unacceptable noise impact, either through noise exposure or generation, demonstrate in detail, including through good acoustic design, how the development will be designed, located and noise otherwise avoided or mitigated to reduce and minimise any unacceptable adverse impacts.
Proposals for noise and vibration generating development (including plant / equipment or other sources, including air conditioning and handling units, plant rooms, ground- and air-source heat pumps), that would have unacceptable noise, and vibration impacts on mental and physical health and amenity, are unlikely to be supported. Other noise generating activities include uses such as nurseries, leisure and community centres.
Air quality, odour, dust and other fugitive emissions to air
Some industrial trades and agricultural / farming activities are inherently odorous by virtue of the materials they process, generate, use or store and, even with the use of best industrial practice from time to time such facilities may give rise to offensive odour emissions. In some circumstances the ability to adequately disperse or abate the release of offensive odours may be limited and therefore planning permission should not be granted for any such facility in inappropriate locations where there will be receptors sensitive to those odours. Certain uses (such as restaurants, cafes and takeaways) can create odours and fumes which can cause nuisance and harm to the amenity of neighbouring residents and businesses. Full height discharge should initially be sought (also considering the height of any building within approximately 20m of the discharge point). Where this is not possible and where there may be adverse impacts from odour and / or fumes, either at the proposed development or because of the proposed development, an odour impact / risk assessment will be required to support the application. Where it is demonstrated that adverse impacts will likely arise at neighbouring / nearby premises from odours and fumes and that adequate abatement cannot be provided, the Local Planning Authority will likely refuse the proposals unless an acceptable level of odour abatement appropriate for the location is able to be installed and maintained. Where required, conditions shall be applied to secure and ensure the appropriate maintenance of any mitigation measures.
The National Planning Policy Framework (2024) states that planning policies should mitigate the impacts on, and where possible, take opportunities to improve air quality. It is important to ensure that development proposals contribute to and enhance the natural and local environment throughout their lifetime and take account of cumulative impact. Applications, as appropriate to their scale and nature, should support the improvement of local air quality and the key priorities of the Air Quality Strategy 2024-2029 and successor documents. Early engagement with the Council’s Air Quality Officer is encouraged to help ensure the approach taken is acceptable.
Applicants shall, where reasonable and proportionate, prepare and submit with their application a relevant air quality assessment taking into account guidance current at the time of the application). The criteria for requiring an air quality assessment, a dust risk assessment/management plan and/or an odour risk assessment/management plan and, the methods and guidance to be used are set out in the sustainable Design and Construction SPD (2020), or successor document. Air Quality assessments will need to ensure that all possible mitigation measures are integrated into the scheme to address the impacts of development, as well as considering the impacts of air quality on the development. Each site and operation will need its own separate consideration and the amount of detail required will depend upon the type and scale of the development. For Minor applications, details in simple terms of the operations to be undertaken and the dust control and mitigation measures to be adopted shall be submitted by the applicant. Each stage of should be considered through demolition, site preparation, ground works, construction as well as materials storage, transport and handling, both on and off site. This could be in the form of a written statement or a table of activities and mitigation and will be included in the Air Quality Statement if there will be demolition or earthworks. Applicants are therefore encouraged to engage with the Council at an early stage to determine whether there are likely to be predicted adverse impacts from a development on local air quality, and therefore whether what type of air quality assessment is required.
A particular issue will be seeking to ensure cumulative development does not lead to a gradual worsening air quality and where there is an AQMA in place during the plan period that no adverse effect on air quality is allowed.
Contaminated land
Unless dealt with appropriately, historical/legacy land contamination can adversely affect both public health and impact upon the quality of controlled waters (these include rivers and streams, as well as the underlying aquifer used to supply drinking water). For the successful development and re-use of previously developed (Brownfield) sites it is essential that the potential for land contamination is assessed at the earliest stage of the development management process. This ensures that appropriate remediation measures are designed into the final development proposals for the site. Where a Contaminated Land Assessment is required, this must be completed as per the submission requirements set out in the Sustainable Design and Construction SPD (2020), or successor document. The developer is responsible for ensuring that any proposed development is safe and suitable for use for the purpose for which it is intended. To fulfil this responsibility the developer will be required to undertake a process of risk assessment in order to determine the severity of any contamination and the degree of harm that it poses to future site users and to the wider environment. The National Planning Policy Framework requires this site investigation has to be prepared by a ‘competent person’. Whilst the term ‘competent person’ has not been defined further, the developer must consider the full range of technical expertise that is likely to be required when sourcing consultants or advisors to undertake the risk assessment process.
Remediation measures must remove all unacceptable health and pollution risks and must ensure that the site suitable for its new use. As a minimum, the site must not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990 (as required by the NPPF). In the context of this policy, examples of sensitive developments include residential housing, schools, hospitals, and children’s playing areas. Further detailed guidance is included in the sustainable Design and Construction SPD (2020), or successor document and the Environment Agency groundwater protection guides.
Hazardous installations
Hazardous installations, notifiable pipelines and licensed explosive sites are installations handling or storing hazardous materials. The siting of installations handling hazardous substances are subject to planning controls aimed at keeping them separate from housing and other land uses with which such installations might be incompatible from the safety viewpoint. The operators of such installations are required to notify the Health and Safety Executive (HSE) on certain types of development. The Council is required to consult the HSE on proposals for certain types of development within specified distances of notifiable installations. The LPA will therefore seek the advice of the HSE and other regulatory authorities about off-site risks to the public arising from any proposed development which would introduce one or more hazardous substances. The level of risk associated with hazardous installations will depend on the nature of both the development and the hazardous installation. Applications will be considered on a case-by-case basis and, in determining a planning application on land within the specified consultation zone of one of these installations the LPA will take account of advice from the HSE and other regulatory authorities.
Environmental nuisance / pollution and the agent of change principle
proposed in the vicinity of existing businesses, community facilities or other activities may need to put suitable mitigation measures in place to avoid those activities having a significant adverse effect on residents or users of the proposed scheme. The Agent of Change principle identifies that the party responsible for a change should also be responsible for managing the impact of that change and, places the responsibility for identifying and mitigating unacceptable adverse impacts from existing noise and vibration, odour, dust, lighting, and other potential nuisance- generating activities, environmental pollution or uses on any proposed new sensitive development. This is particularly relevant in cases where residential development is proposed near to an established sports, leisure, transport / warehouse or entertainment use.
Established noise-generating industrial, employment and cultural venues such as theatres, concert halls, pubs, restaurants, nightclubs, community centres and other venues should be protected. This requires a sensitive approach to managing change in the surrounding area. Adjacent development and land uses should be brought forward and designed in ways which ensure established uses remain viable and can continue in their present form without the prospect of new licensing restrictions, or the threat of statutory nuisance action which may require abatement in the form of restrictions or actions to mitigate sources of nuisance, curtail their activities or at worst closure due to complaints from new neighbours. Planning decisions will take account of existing noise and vibration, odour, dust, lighting, and other nuisance-generating uses in a sensitive manner when new sensitive development is proposed nearby. Any assessments relating to noise and vibration, odour, dust, lighting, and other nuisance-generating uses accompanying planning applications should be carefully tailored to local circumstances and be fit for purpose. That way, the characteristics of existing uses can be properly captured and assessed. For example, some businesses and activities can have peaks of noise and odour generation at different times of the day and night and on different days of the week, and any impact assessment should take this into consideration.
Construction and demolition
In certain situations, for instance where there is a proposal for major development or an infrastructure project, a Noise and Demolition and Construction Environmental Management Plan, detailing the management and control of noise and vibration, will be required as part of planning consent (see policy I/CM: Construction Management).
Further guidance is included in the Sustainable Design and Construction Supplementary Planning Document 2020, or successor document.
Supporting topic paper and evidence studies
- : Topic Paper: Wellbeing and Social Inclusion
- Sustainable Design and Construction Supplementary Planning Document (2020)
- Air Quality Strategy 2024-2029
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