Bath & North East Somerset Local Plan Revised Deposit 2003

Chapter B6. Energy, utilities and health & safety

INTRODUCTION

B6.1 Provision of electricity, gas, water supply, sewerage and telecommunications are essential for modern day living and working and to secure a high quality of life. At the same time by making prudent, efficient and effective use of resources and encouraging energy efficiency and development of renewable energy sources we can help ensure that these utilities are available for future generations.

B6.2 PPG12 provides general advice on addressing these issues while PPG8 on telecommunications, PPG14 on development on unstable land, PPG22 on renewable energy, PPG23 on planning pollution control and PPG25 on flooding set out more detailed guidance.

RENEWABLE ENERGY

B6.3    Renewable sources of power make an important contribution to secure sustainable and securing diverse energy supplies and are a more sustainable alternative to fossil fuels.  They are an essential element of a cost-effective climate change programme.

B6.4 The Government hopes to achieve a target of 10 per cent of UK electricity supplies being provided from renewable energy sources by 2010.  This will also contribute to meeting other national targets such as reducing greenhouse gases by 12.5 per cent by 2008-2012 and reducing emissions of carbon dioxide by 20 per cent by 2010.  Related to this objective, the Council’s commitment to reducing air pollution within the District is set out in the Local Air Quality Strategy.

B6.5 Renewable energy is derived from a variety of sources including the sun, wind and water, geothermal activity and industrial, agricultural or domestic waste materials. The Government's policy on renewable energy, set out in PPG 22 'Renewable Energy', is to stimulate exploitation and development of renewable energy sources wherever they have prospects of being economically and environmentally acceptable.

B6.6 PPG 22 states that proposals which aim to utilise renewables should be considered in the context of existing planning policy relating to Green Belt, Areas of Outstanding Natural Beauty, Conservation Areas and related matters, although the possible contribution of the proposal to the reduction in greenhouse gases should be a material consideration. This approach is carried forward in Policy ES1.

B6.6A   A report entitled ‘Renewable Energy Assessment & Targets for the South West’ was produced in 2001 by GOSW and provides regional guidance for Local Authorities.  The report advises that the south west region should be working towards procuring between 11% and 15% of its electricity from renewable sources by 2010.

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ENERGY EFFICIENCY

B6.7 Buildings account for almost half the UK's delivered energy consumption and associated emissions of carbon dioxide, the main greenhouse gas causing climate change. Action by Planning Authorities to increase energy efficiency can complement building regulations.

B6.8 Paragraph 4.4 of PPG12 ‘Development Plans’ identifies energy conservation and the efficient use of energy as one of the environmental considerations that development plans should take into account.  Section 2 of Quick Guide 4B suggests how buildings can be designed to minimise energy needs.

B6.9 The design, orientation, siting and layout of buildings can have a significant influence on their energy efficiency. The orientation of dwellings to maximise passive solar gain can reduce the need for energy derived from fossil fuels. Similarly, the creation of more sheltered micro-climates can minimise the amount of energy needed. Traditional building designs and layouts will often have taken energy conservation into account. It is often such layouts that provide the inspiration for new developments that are required to reflect the character of an area.

B6.10 The desire to achieve energy efficiency in buildings will sometimes conflict with other policy objectives of the plan. A balanced approach therefore is needed.

Combined Heat and Power

B6.11 Combined heat and power (CHP) represents one of the most significant means of achieving energy efficiency. CHP provides for the generation of power from a wide range of potential sources, whilst using the heat generated from the process elsewhere on the development site. An ideal opportunity for CHP is in the development of large sites, such as Western Riverside, where the economies of scale are greatest. However, smaller sites, and existing developments may be appropriate for CHP as technology improves and incentives increase. Consideration should be given to the potential for the incorporation of combined heat and power (CHP) into the development where appropriate.

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DEVELOPMENT OF GAS AND ELECTRICITY SERVICES

B6.12 Gas and electricity supply is often taken for granted but is fundamental to ensuring the quality of life enjoyed today. It is therefore essential that where new development is proposed that gas and electric companies are able to provide these services by providing the necessary infrastructure.

B6.13 Gas and electricity infrastructure supply companies have wide ranging powers to carry out many operations without the need for planning permission. There are however exceptions to this where the specific permission of the Local Planning Authority is needed. There are separate regulations governing the erection of overhead lines which require electricity companies to have regard to the desirability of preserving amenity and to consult the Council in most cases.

B6.14   In instances where the companies are exercising their permitted development rights Circulars 15/92 (all utilities) and 14/90 (electricity) advises them that they should inform both local planning authorities and the public of their intentions and give them the opportunity to comment on proposals.  Impact on visual amenity can be of particular concern and Policy ES.3 sets out the principal criteria that will be used in considering proposals by the gas and electricity companies.  When considering such proposals or applications for other development in  proximity to existing utilities infrastructure, the Local Planning Authority will be particularly concerned about residential and visual amenity and, in addition, public safety.  It will take advice from the Health and Safety Executive about adequate clearance.  In response to public concerns about the effects of electromagnetic fields associated with overhead electricity cables, the Local Planning authority will, where appropriate, take advice from the National Radiological Protection Board.  As in the case of telecommunications proposals, concern can be reduced by the submission of a “Health Radiation Impact Assessment” (H.R.I.A.) with each proposal or application.  An H.R.I.A. should provide full and publicly accessible information about the expected electromagnetic radiation from the installation, any cumulative impact, and set out proposals for regular monitoring.

B6.15   The Council has undertaken a number of environmental enhancement projects in the District’s Conservation Areas to put unsightly overhead utility company telephone and low voltage overhead cables underground.  Electricity companies have been involved in these projects.  Opportunities to achieve similar enhancements may arise as a result of development proposed by the companies.  The Council will seek such enhancements where opportunities arise.

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WATER SUPPLY AND SEWERAGE

Water Supply

B6.16 PPG12 makes it clear that the adequacy of existing water supply can be a factor in determining the location and timing of development.  New developments should be located in ways that minimise or eliminate the environmental impact of additional demand for water.  Policy ES.4 addresses the issue of adequate supply to new development, together with the need for development to incorporate water conservation measures (for example, sustainable drainage systems such as reed-beds, and on-site water recycling systems).  Protection of water supply sources is considered in Policy NE.13.

Foul And Surface Water Drainage

B6.17 The availability of foul and surface water sewerage infrastructure is a material consideration in deciding planning applications. Wessex Water Plc is the water company which provides these services to the District and their advice should be sought before development proposals are submitted. New development can create additional demands for sewage disposal. Some villages are not served by mains sewerage, others require improvements. In the case of non-mains villages new developments may have to be served by cess pits or septic tanks which are potential sources of pollution.

B6.18 Surface water in the District is drained to a number of ‘main rivers’ and their tributaries. The Environment Agency is responsible for the main rivers. Other land drainage issues are the responsibility of the Local Authority or, in the case of the Kennet and Avon canal, British Waterways. Policies NE.13-NE.15 set out the approval to protection of the water environment.

B6.19   There are many opportunities for dealing with surface water drainage in a more sustainable manner rather than the traditional hard sewerage systems.  Modern Sustainable Drainage systems (SuDs) can collect all runoff from a development site, storing it in a way that removes sediments which trap pollutants, then releasing them slowly via natural cleaning facilities or local watercourses.  Further advice is available from the Environment Agency.

Water and Sewerage Infrastructure

B6.20 Development may require the provision of new water supply and sewerage infrastructure such as new pipelines, boreholes, or sewage treatment works.  These can have a detrimental effect on the environment and such effects need to be carefully examined.  Policy ES.6 provides the basis for this assessment but policies on Design, the Built and Historic Environment and the Natural Environment will also be of particular relevance.

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TELECOMMUNICATIONS

B6.21 Modern telecommunication systems have become an essential and beneficial part of life. The Governments overall approach, set out in PPG8 Telecommunications, is to seek to balance the need and demand for maintaining and developing telecommunication systems and the protection of amenity.

B6.22 In the District there are a number of sites which accommodate transmitter masts and antennas.  Much of the minor Some telecommunications development is permitted development under the GPDO.  However, telecommunications operators wishing to carry out permitted for certain types of development are still required to submit an application to the Council, may require an application for prior approval on matters relating to the siting and appearance of the development.  Revised PPG3 (2001) sets out a range of issues which should be considered under these arrangements and these are referred to in Policy ES.7 A.  In sensitive areas such as Areas of Outstanding Natural Beauty and Conservation Areas, as well as for Listed Buildings and Scheduled Ancient Monuments these permitted development rights are reduced or removed.

 For telecommunications development requiring planning permission application will be determined in accordance with a range of policies set out in the Plan.  PPG8 recognises that proposals for the location of new masts pose challenges to the protection of Green Belts, high quality landscapes including Permitted development rights for telecommunications development are reduced or removed in sensitive areas such as Areas of Outstanding Natural Beauty and the World Heritage Site of Bath Conservation Areas, as well as for Listed Buildings and scheduled Ancient Monuments.  In these cases, or if the proposed development measures more than 15 metres in height, “full” planning permission will be required.  Siting and design are particular concerns and operators proposing new masts should allow that they have explored the possibility of mast sharing or use of existing buildings or other structures.  In Green Belt areas new masts may be inappropriate development and very special   circumstances must be demonstrated to justify such a location.  For the Green Belt and Areas of Outstanding Natural Beauty the developer will be expected to show that there are no suitable alternative locations outside of these areas.  In all these sensitive locations the visual impact of the proposal will be a key factor.  Policy ES.7B sets out criteria for assessing these proposals.  Planning applications will be determined in accordance with a range of policies set out in the Plan, including Policy ES.7.

 Concern has been expressed that radiation associated with a proliferation of transmitters could threaten public health.  A Government commissioned report published in 2000 concluded that “the balance of evidence indicates that there is no general risk to the health of people living near to base stations” but that the possibility of harm could no be ruled out without confidence.  The Government accepts that more research is required but it advises that any risk to health should be regulated under Health and Safety legislation rather than by the planning system.  The only material consideration for the Planning Authority should be compliance with current European Union guidelines on public exposure to electromagnetic fields.  Planning applications should therefore include a statement explaining how the proposed installation will comply with the radiation limits recommended by the International Commission on Non-Ionising Radiation Protection (ICNRP) which were adopted by the E.U. Council in 1999.  

Before submitting an application for prior approval or planning permission, telecommunications operators are advised to carry out pre-application consultation with the Council and other interested bodies.  These should include local residential groups, parish councils and other amenity organisations.  Pre-application discussions can help to identify possible conflicts of interest at an early stage.

 B6.25   Whilst a range of other Plan policies apply, ES.7B sets out some specific criteria for assessing proposals.  PPG8 recognises that proposals for the location of new masts pose challenges to the protection of Green Belts, high quality landscapes including Areas of Outstanding Natural Beauty and the World Heritage Site of Bath .  Siting and design are particular concerns.  When seeking prior approval or planning permission, telecommunications operators will be required to provide clear evidence that they have fully explored the options of mast sharing and using existing buildings and other structures.  In Green Belt areas new masts may be inappropriate development and very special   circumstances must be demonstrated to justify such a location.  For the Green Belt and Areas of Outstanding Natural Beauty the developer will be expected to show that there are no suitable alternative locations outside of these areas.  In all these sensitive locations the visual impact of the proposal will be a key factor.

 B6.25A Where planning permission is required, the Council will take account of the legal obligations placed on telecommunications operators, together with the technical constraints on locating equipment.  However, these must be balanced against environmental considerations.  The planning system should provide for telecommunications development, but the environment must be protected as far as possible from unsightly development.

B6.25B Concern has been expressed that radiation associated with a proliferation of transmitters could threaten public health.  A Government commissioned report published in 2000 concluded that “the balance of evidence indicates that there is no general risk to the health of people living near to base stations” but that the possibility of harm could no be ruled out without confidence.  The Government accepts that more research is required but it advises that any risk to health should be regulated under Health and Safety legislation rather than by the planning system.  The only material consideration for the Planning Authority should be compliance with current European Union guidelines on public exposure to electromagnetic fields.  Planning applications should therefore include a statement explaining how the proposed installation will comply with the radiation limits recommended by the International Commission on Non-Ionising Radiation Protection (ICNRP) which were adopted by the E.U. Council in 1999.

 B6.25C Revised PPG8 does, however, acknowledge that in principle, public concern about health can be a material consideration when determining applications for prior approval and planning permission.  The Council believes that this concern can be reduced by the submission of a ‘Health Radiation Impact Assessment’ (H.R.I.A.) with each application.  An H.R.I.A. should provide full and publicly accessible information about the expected microwave radiation from the proposed development, cumulative impact and proposals to regularly monitor the equipment following installation.  It should also demonstrate how the proposal complies with the Telecommunication Industry’s Ten Commandments.

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B6.26 In order to help reduce the need for new telecommunications apparatus above ground and to help minimise disruption and expense at a later date developers should provide adequate ducting for tele-communications cables at the outset both underground and in the structure of the building. Proposals for a range of developments such as housing, office, leisure and industrial uses should make such provision to meet foreseeable demand for telecommunication services.

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POLLUTION & NUISANCE

B6.27 The control of pollution is governed by the Environmental Protection Act (1990) and related legislation. Various regulatory authorities have a role in pollution control, principally the Environment Agency and Local Planning Authorities. PPG23 Planning and Pollution Control clarifies the specific responsibilities of the planning system. Planning has a role to play in separating potentially polluting land uses from other existing or proposed land uses, to prevent nuisance and detrimental effects on health and the environment. The Council will seek to achieve these aims through the control of development.

B6.28 An important consideration in the planning process is the 'precautionary principle'. This requires that where there is significant risk of damage to the environment, pollution controls will take into account the need to prevent or limit harm, even where scientific knowledge is not conclusive. The principle applies particularly where there are good grounds for judging that action taken promptly at comparatively low cost may avoid more costly damage later, or that irreversible effects may follow if action is delayed. Policy ES.9 embodies this principle.

Air Quality

B6.29 There has been an increasing recognition that air pollution can be a cause of serious health problems, such as respiratory illnesses.  Air pollution can take the form of releases of gases, such as oxides of nitrogen, and fine dust vehicle emissions mainly as a result of industrial processes, or the creation of odour.  Already Bath is a Smoke Control Area where there is control over emission from domestic chimneys.  The control of air quality is a statutory function of the District Council as the Environmental Health Authority.

B6.30 Whilst control of pollution is governed by other legislation Planning has a role to play in separating potentially polluting land uses from other existing or proposed land uses and in ensuring that new development is not allowed where it would exacerbate already poor air quality conditions. The Government has adopted the UK National Air Quality Strategy as a statement of its policies with respect to the assessment and management of the quality of air. Local Authorities are required to carry out periodic reviews of air quality in their areas, and to assess present and likely future quality against statutory air quality standards. Where the objectives are not likely to be achieved, an Authority is required to designate an Air Quality Management Area (AQMA), and then make an Action Plan for improvements in air quality in that area.

B6.31    Air quality in Bath & North East Somerset has been assessed in accordance with current legislation and an excedence of National Air Quality Strategy objectives in respect of nitrogen oxide is predicted for the London Road , Bath owing to high traffic flows. Air quality monitoring has also indicated excedence of air quality standards in and around the City centre.  For development with the potential to have an adverse impact on air quality, an Environmental Impact Assessment is likely to be required to address these issues.  Following assessment, the Council declared an AQMA with respect to nitrogen dioxide for the London Road , Bath and has made a commitment to continually review and assess the air quality within the District, with a view to identifying future exceedences of the Government’s standards.

 B6.31A    The Council has also adopted a Local Air Quality Strategy which requires that air quality is considered at the earliest stage possible, in development, transport and other planning proposals within the Authority.

 B6.31B In determining a planning application, consideration will be given to the development’s likely effect, not only in terms of the air pollution it may cause directly, but also in terms of any increase or decrease in traffic it generates.  The influence of air quality considerations on planning decisions will vary according to the circumstances and must be weighed against other material considerations.  In considering the effects of the development on the local air quality, the Council will use the latest Government regulations and guidelines to determine the sustainability of the proposal.

Sewage Treatment Works

B6.32 Sewage treatment works can cause nuisance as a result of smells and noise where they are located near residential or industrial areas. Wessex Water has produced a series of buffer zone maps which define ‘Development Restraint Areas’ for existing sewage treatment works in which new development could suffer nuisance. These areas are shown on the Proposals Map. Policy ES.11 sets out how development proposals in these areas will be considered.

Noise and vibration

B6.33 Noise and vibration can be a serious cause of nuisance.  PPG24 Planning and Noise recognises that the planning system cannot deal with pre-existing sources of noise pollution.  Instead, this can be regulated under the 1990 Environmental Protection Act and related legislation.  The planning system can however seek to ensure that new noise sensitive development such as housing and schools is not located close to existing sources of noise, including industrial uses and noise generated by vehicles and other forms of transport,that would lead to nuisance.  Also it should ensure that potentially noise creating uses such as some industrial processes or some recreational activities are not located where they would be likely to cause nuisance. It is important that areas which have remained relatively undisturbed by noise nuisance, and are prized for their recreational and amenity value for this reason, are safeguarded from potentially noisy development.

B6.34 The impact of noise can be attenuated by careful siting of development and design features such as screening and insulation. In assessing the effects of noise on new noise-sensitive development PPG24 advocates the use of different British Standards according to the noise source type. It also sets out noise exposure categories which attempt to quantify the effects of noise and how this should influence the determination of planning applications for residential development near transport related noise sources. Where the dominant noise source affecting residential development is industrial noise proposals will usually be assessed using the BS 4142 standard. These standards and categories will form the basis of assessments to be carried out by developers in consultation with the Council's Environmental Health Service. Policy ES.12 sets out the Council's position on proposals coming forward where noise is a material consideration.

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Safety Hazards

B6.34A Council Directive 96/82/EC (the Seveso II Directive) which entered into force on 3 February 1999 requires Member States to ensure that the objectives of the Directive - the prevention of major accidents involving hazardous substances and limiting their consequences for man and the environment - are taken into account in their land use policies.  This is to be achieved through controls on the location of new establishments at which hazardous substances are present or are likely to be present; controls on modifications at existing establishments where hazardous substances are present, and controls on new developments in the vicinity of existing establishments where hazardous substances are present.  It also requires Member States to ensure that their land use policies, and the procedures for implementing them, take account of the need in the long term, to maintain appropriate distances between establishments where hazardous substances are present and residential areas, areas of public use and areas of particular natural sensitivity or interest.  These obligations have been implemented by the Control of Major Accident Hazards Regulations 1999.

 B6.35 The Planning (Hazardous Substances) Act, 1992 1990 and circular 11/92 04/00 describe the role of the planning system in controlling the location and use of substances and processes which are potential hazards to public safety such as some industrial processes, gas pipelines and the storage of explosives.  These European Community and national objectives are carried forward into Local Plan policy ES.13. Applicants should indicate as part of any application whether hazardous substances will be used, stored or manufactured on the site.  The Health and Safety Executive (HSE) will be consulted in such instances and the applicant will be expected to demonstrate to the satisfaction of the Council and the HSE that adequate safety precautions have been taken. 

B6.36 Similarly the HSE is consulted about development proposals in locations close to sites of hazardous substances or operations.  The HSE apply risk criteria to the operation concerned to determine if a development proposal would be likely to be put at unacceptable risk as a result of proximity to a hazard.  In the District there are a number of gas pipelines which are defined as hazards.

 B6.37 There has been growing concern over the potential effects of the electromagnetic fields associated with overhead electricity cables. As for telecommunications development the only material consideration for the Planning Authority should be compliance with current European Union guidelines on public exposure to electromagnetic fields.  Planning applications should therefore include a statement justifying how the proposed installation will comply with the radiation limits recommended by the International Commission on Non-Ionising Radiation Protection (ICNIRP) which were adopted by the E.U. Council in 1999.

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UNSTABLE LAND

B6.38 The geology of the District and its history of surface and underground mineral extraction means that land in certain areas – for example, at Combe Down in Bath and locations within the former Somerset coalfield - may be unstable. For this reason site investigation and surveys need to be carried out before land in these areas is developed. Government advice in PPG14 Unstable Land is that Local Authorities should acknowledge where areas of potential instability exist.

B6.39 Diagram 7 shows in general terms the extent of the former Somerset Coalfield together with other areas where significant mineral extraction is known to have occurred. Minerals Planning Guidance Note 12 contains information about treatment of disused mine openings. Whilst the Council holds some records of the extent of workings, data is held also by the Coal Authority and Mineral Valuer (the latter accessible only by Local Authorities or other public bodies).

B6.40 The Government advises in PPG14 that with appropriate remedial measures unstable land can be brought into beneficial use. The onus is on developers to carry out investigative work to assess whether a proposed development would be affected by land instability and to set out any necessary stabilisation measures. In some instances even small-scale development could be affected by instability.

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CONTAMINATED LAND

B6.41 Land contaminated with hazardous or toxic materials potentially is a serious cause of pollution. Contamination can result from previous uses of the site – for example, industrial processes involving chemicals or closed waste disposal sites where landfill gas and leachate are still present.

B6.42 National planning policy on contaminated land is outlined in PPG23 Planning and Pollution Control. A new regulatory regime for contaminated land came into force in April 2000. Under the new provisions, the Council was required by July 2001 to produce a strategy for inspection of Bath and North-East Somerset and recording of contaminated land together with measures for its remediation. It is anticipated that PPG23 will be revised to take account of the new regime.

B6.43 Current policy is to seek a balance between the risks associated with contamination and the need to bring land into beneficial use. The "suitable for use" approach is advocated. Responsibility for assessing whether or not land is suitable for a particular use, including whether or not it is contaminated, rests primarily with the developer. Where it is known or strongly suspected that land is contaminated, the developer will be required to undertake a detailed site survey in this respect and the results submitted with the planning application. Similarly, the developer should set out any remedial measures necessary to bring the land into use at this stage. Where contamination is suspected or known to be slight, planning conditions may be imposed requiring investigative work to be carried out and remedial measures to be implemented before development begins.

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