Replacement Calderdale UDP : Adopted 25 August 2006 (as amended August 2009)

Replacement Calderdale UDP : Adopted 25 August 2006

• Foreword
• 1 Introduction
• 2 Calderdale in Context
• Strategic and Core Part One Policies
• 3 Guiding Principles and Key Themes
• 4 Employment, The Economy, Tourism and Regeneration
• 5 Housing
• 6 Retailing and Town Centres
• 7 Open Space, Sport and Recreation Facilities
• 8 The Built and Historic Environment
• 9 Transport
• 10 Infrastructure, Education and Community Facilities
• 11 Natural Environment and the Countryside
• 12 Environmental Protection
  • Introduction
  • Pollution Control
    • Air Pollution
    • Noise Pollution
    • Light Pollution
  • Dangerous Substance Establishments and Other Incompatible Land Uses
  • Contaminated Land
  • Unstable Land
  • Litter and Graffiti
  • The Water Environment
  • Overhead Power Lines
  • Energy Efficiency
  • Renewable Energy in New Developments
  • Development of Renewable Energy
• 13 Minerals
• 14 Waste Management
• 15 Monitoring and Review of the Plan
• Annex A Privacy, Daylighting and Amenity Space
• Annex B Trees On or Adjacent to Development Sites
• Appendix 1 National Planning Policy
• Appendix 2 National Minerals Policy
• Appendix 3 Supporting Published Documents
• Appendix 4 Glossary of Terms
• Appendix 5 Acronyms and Abbreviations
• Appendix 6 Policy Topic Index
• Appendix 7 Policy Number Comparison
• Appendix 8 Supplementary Maps

Pollution Control

12.2 Pollution causes adverse health risks and damages amenity and the environment. It can also prejudice neighbouring land use, resulting in long-term contamination and hinder urban regeneration. Control of pollution is complex, involving several agencies, council powers and national regulation. The duty for pollution control rests with the Council’s Environmental Health Service, with the Environment Agency providing a regulatory and advisory role in the system. PPS23 ‘Planning and Pollution Control’ (2004) and PPG24 ‘Planning and Noise’ (1994) seek to protect the environment and community from pollution from new developments. Planning has a role to play by ensuring that development does not have an adverse impact on the environment through:

• the development plan which influences the location of development
• development control decisions which can either minimise, through the use of planning conditions, the impact of a development causing or susceptible to pollution or ultimately through refusal of planning permission, where conflict cannot be resolved or mitigated.

Air Pollution

12.3 The Local Authority Statement of Environment (SoE) for Calderdale (May 2004) identifies transport and industry as the main sources of air pollution within Calderdale. Therefore, action needs to be focused on these major uses if air quality is to improve.

12.4 The Council has undertaken a review and assessment of air quality , in accordance with the Environment Act (1995), to ascertain whether air quality objectives will be achieved in future years. Where air quality objectives cannot be achieved, the Council is required to declare Air Quality Management Areas (AQMA’s) and formulate an Action Plan outlining how improvements to air quality will be made. By 2006, three AQMAs have been declared in the District. Where an AQMA is declared, development will be controlled to ensure the air quality is not made worse and the objectives of the associated Action Plan are upheld.

12.5 Development, of a commercial, industrial or traffic generating nature should not result in an unacceptable level of air pollution to the detriment of other land uses and public health. Developers will therefore be expected to take proper account of air quality issues in drawing up development proposals in accordance with the following Policies: -

12.6 Where a development is likely to have a significant effect on the environment through the creation of air pollution, the applicant will be expected to undertake an Environmental Assessment (EA)in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Developers should contact the Council as early as possible to request a screening opinion in order to determine whether an EA is necessary.

12.7 The effect of vehicle emissions is an area in need of improvement that cannot be controlled directly through planning legislation. The sustainable development objectives of the UDP aim to ensure emissions are decreased through the appropriate location of development, a reduction in the need for vehicle journeys and the encouragement of public transport or other means to reduce the need to travel by car (see paragraphs 3.11 and 3.12 and POLICY GP 2 ‘LOCATION OF DEVELOPMENT’, POLICY GP 3 ‘DEVELOPMENT OUTSIDE URBAN AREAS’ and POLICY GT 1 ‘PROVISION OF A SUSTAINABLE, SAFE AND EFFICIENT TRANSPORT SYSTEM’). The West Yorkshire Local Transport Plan also provides potential to improve local air quality. One of the primary objectives of the Local Transport Plan is to improve environmental quality and reduce the impacts of transport pollution.

Noise Pollution

12.8 The Council has powers to control statutory defined noise pollution. In addition, planning powers can be used to contain this form of pollution. This will be done in two ways:

• Firstly, by controlling the introduction of new noise sources, such as certain employment uses, close to existing noise sensitive land uses.
• Secondly, by controlling the introduction of noise sensitive development, such as housing, schools and hospitals, close to the existing sources of noise.

12.9 The impact of noise levels can be reduced through the design of development and the integration of effective barriers and landscaping measures. The onus lies with the developer to ensure that development proposals do not cause unacceptable noise problems.The following Policies will apply:-

Light Pollution

12.10 There is now formal recognition of the problems caused by excessive or insensitive external lighting schemes, as artificial light nuisance can now be classed as a statutory nuisance. Most lighting, which gives cause for concern, relates to new development. Planning can influence and control many forms of lighting on new developments to prevent adverse pollution into the night sky, disturbance to other adjacent land uses, wildlife and the surrounding area.

12.11 Exterior lighting brings many benefits in the form of road safety, crime prevention, outdoor working and sports activities and the enhancement of the environment. However, the use of excessive, poorly designed and badly aimed external lighting can result in glare, which can hamper vision and create a hazard rather than increasing safety. Similarly, floodlighting of outdoor sports pitches can be intrusive in residential locations or the open countryside due to the light spillage. Control is required to ensure that lighting is essential to the operation, is appropriate to the task and does not impact on the amenity of the surrounding area.

12.12 Within the countryside, urban type lighting installations will not be supported unless special circumstances exist, for instance a prison, since these can cause intrusive and unnecessary pollution and harm the character of the countryside. Light pollution can also have significant adverse ecological effects, particularly for nocturnal animals and insects. To some extent this can be minimised by shading and also by the use of different types of lighting. Lighting within existing built-up areas will normally be permitted, though the Council will seek to minimise the impact of glare and light spillage.

12.13 Depending on the scale and sensitivity of a proposed lighting scheme, applicants will be expected to provide the Council, in conjunction with any planning application, with:-

1. an appraisal of the need for lighting;
2. an assessment of the potential impacts; and
3. a lighting design scheme, including horizontal and vertical illuminance measurements.

Applicants are therefore advised to enter into early discussions with the Council to establish the requirements for a particular scheme. On major lighting schemes, such as outdoor sports facilities, developers will be expected to appoint a professional engineer/advisor. Proposals will be considered against the following Policy:-

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