Local Plan -  List of Revisions

Chapter Heading

B6/A

2226/B6

Chapter B5 B6: Energy, Utilities and Health & Safety

B6.3

B6.3/A

732/B17

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

B6.4/A

3126/B2

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.

New para B6.6A

B6.6A/1

2226/B3

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.

B6.8

B6.8/A

5010/B59

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.

Title after Policy ES.2

ES.2/A

1984/B2

Development of Gas and Electricity Services

B6.14

B6.14/B

1984/B2, 1984/B4

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

B6.15/A

1984/B1

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.

Policy ES.3

ES.3/D

(all revisions)

In considering Development by gas and electricity companies, the design and appearance which involves the erection or alteration of any machinery, plant, apparatus or building should:

Development in close proximity to existing infrastructure will only be permitted where there is no unacceptable risk to public safety and where appropriate planning conditions will be imposed requiring regular monitoring of microwave reduction.

B6.16

5001/B35

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.

Policy ES.4

ES.4/B

5001/B35 }

B6.18

B6.18/A

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 protect different aspects of the water environment.

B6.19

B6.19/1

1427/B59, 1427/B60

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.

Policy ES.5

ES.5/B

564/B27

B6.20

B6.20/A

120/B52

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.

Policy ES.6

ES.6/A

120/B52,

B6.22

B6.22/D

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 some types of permitted for certain 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 PPG8 3 (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.

B6.23

(all revisions)

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.

B6.24

B6.24/B

(all revisions)

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

B6.25/A

2663/B1, 505/B61

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 these areas. In all these sensitive locations the visual impact of the proposal will be a key factor.

New para B6.25A

B6.25A/A

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.

New para B6.25B

B6.25B/A

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 not be ruled out with 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.

New para B6.25C

B6.25C/A

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 (its own agreed code of practice).

Policy ES.7A

ES.7A/A

1. the need for the facility to blend in more with its surroundings;
2. whether the design is suited to the local environment;
3. the impact on the topography and natural vegetation;
4. the impact on the skyline or horizon;
5. views into the site;
6. the site’s scenic or conservation value;
7. relationship with other existing masts, structures or buildings; and
8. relationship to residential property; and
9. arrangements are put in place to ensure that, if such development falls into disuse, any structures are removed and the land restored to its condition before development took place or other agreed beneficial use.

Policy ES.7B (re-name ES.7)

ES.7/D

(all revisions)

Planning conditions will be imposed requiring regular monitoring of the microwave radiation emitted from the equipment, where appropriate.

B6.29

B6.29/A

5003/B1

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.

B6.31

B6.31/A

5003/B5, 5003/B6

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.

New para B6.31A

B6.31A/A

5003/B5, 5003/B6

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

B6.31B/A

5003/B5, 5003/B6

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.

B6.33

B6.33/A

5004/B2

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 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.

B6.34A

B6.34A/A

5001/B179

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

B6.35/B

5001/B179

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.

B6.37

B6.37/A

3227/B1, 1984/B2, 3126/B5

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 (ICNRP) which were adopted by the E.U Council in 1999.

Policy ES.13

Development in close proximity to an existing hazard will only be permitted where there is no unacceptable risk to public safety.

7

DIAG7/A

2263/B14

Include Combe Down Mines

Policy ES.15

120/B50, 2965/B4