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
  • Dangerous Substance Establishments and Other Incompatible Land Uses
    • Dangerous Substance Establishments
    • 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

Dangerous Substance Establishments and Other Incompatible Land Uses

12.14 Modern commercial development can involve the storage, use or manufacture of substances which are potentially hazardous by reason of fire, explosion or gaseous emission etc, not only to people working in the premises, but also to those present in the area around the site. Other land uses, whilst not potentially hazardous, can cause a loss of amenity, for instance by reason of smell. The proper planning of an area requires, in appropriate cases, separation or other mitigation measures to enable development to take place, whilst in some cases, development should not be supported.

Dangerous Substance Establishments

12.15 In  the case of dangerous substance establishments, certain sites and pipelines are designated by the Health and Safety Executive (HSE) as 'Dangerous Substance Establishments' by virtue of the quantities of hazardous substances present. The siting of such establishments is subject to planning controls, for example, under the Planning (Control of Major Accident Hazards) Regulations (1999), with the objective, in the longer term, to maintain appropriate distances between establishments, residential areas and other areas of public use and areas of particular natural sensitivity or interest. In accordance with DETR Circular 04/2000, the Council will consult the HSE, as appropriate, about the siting of any proposed dangerous substance establishment (including pipelines).

12.16 Calderdale has a number of dangerous substance establishments, including pipelines. Whilst they are subject to stringent controls under existing health and safety legislation, it is considered prudent to control the kinds of development permitted in the vicinity of these installations. For this reason, the Council has been advised by the HSE of consultation distances for each of these installations. In determining whether or not to grant planning permission for a proposed development within these consultation zones, the Council will consult the HSE about risks to the proposed development from the dangerous substance establishment in accordance with DETR Circular 04/2000. The dangerous substance establishments, (including the pipelines, currently all Transco pipelines moving gas) are listed in Policy EP6. They are also shown on the UDP Proposals Map. In addition, in cases where a dangerous substance establishment is located outside Calderdale’s boundaries, but whose consultation zone occupies part of the local authority area, then the necessary consultations with the HSE will take place. The numbers and distribution of these establishments may change. The HSE will inform the Council about such changes, and any new establishments will be subject to the same policy as the existing ones. The following Policies will therefore apply:-

12.17 Certain types of hazardous development require applicants to carry out an Environmental Assessment (EA) in every case. In other cases, the requirement to carry out an EA will depend on whether the development is likely to have a significant impact on the environment or a risk to public health and safety. Applicants are advised to consult the Council at an early stage to obtain a screening opinion  to ascertain the necessity for such an assessment.

Other Incompatible Land Uses

12.18 The juxtaposition of certain non-hazardous land-uses can nevertheless lead to a loss of amenity, by reason of smell, noise or flies. These incompatible uses should, where appropriate, be kept apart. For example, housing or a school should be kept at an appropriate distance from a wastewater treatment plant. In cases such as these, the following Policy will apply:-

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