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
  • Contaminated Land
  • Unstable Land
  • Litter and Graffiti
  • The Water Environment
    • River Pollution, Water Supply and Sewage Treatment
    • Canals and Rivers
    • Washlands and Floodlands
    • Drainage and Flood Prevention
  • 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

The Water Environment

River Pollution, Water Supply and Sewage Treatment

12.29 Water is a renewable resource, essential for public health and the environment. The quality of water is vitally important for drinking, general domestic needs, wildlife, leisure, industrial and agricultural purposes. Development of land can have an adverse effect on the water environment and therefore, it is necessary to exercise controls to maintain current levels of quality and wherever possible make improvements. The Council will support the Environment Agency in seeking to improve river quality throughout Calderdale through the following Policy:-

12.30 In order to deal successfully with river pollution, problems have to be eradicated or adequately controlled along the whole system between the main river, through the sewage treatment works (including sewage disposal) to the original source of any water pollution. There is, therefore, a need to establish appropriate land-use policy to control pollution. Yorkshire Water is responsible for the supply of water and the treatment of sewage and effluent at works, and the Environment Agency controls pollution and licence discharges into the rivers.

12.31 Both the Environment Agency and Yorkshire Water will be consulted on all development proposals which are likely to have an effect on ground and surface water, sewerage infrastructure and sewage works and their recommendations will be fully considered before decisions are made. It is essential that no development is implemented or occupied until adequate and appropriate systems for pollution prevention or control are installed and operative. In general, development should only be accepted if it can be served by public sewers. Private sewage facilities serving larger developments may be acceptable in special circumstances, but are not generally supported. New development will be expected to incorporate separate foul and surface water drainage systems. Wherever possible, surface water should be discharged to a suitable watercourse, soakaway or by Sustainable Drainage Systems (SUDS). These measures will prevent the overloading of foul and combined sewerage systems and wastewater treatment facilities (see paragraphs 12.49 to 12.50).

12.32 Non-mains sewerage and associated sewage disposal is a growing concern in the remoter parts of Calderdale. The inappropriate use of non-mains sewerage systems, particularly incorporating septic tanks and cesspools, can give rise to the pollution of land, watercourses and drinking water supplies. Cesspools cannot be regarded as a sustainable form of foul sewage disposal because they need to be emptied frequently and therefore, generate considerable transport movements. As a result, cesspools will not be permitted as a solution to foul drainage disposal. In respect of other drainage solutions, applicants will be required to demonstrate that non-mains drainage proposals will not cause an adverse impact on the environment, amenity and public health. Under Circular 03/99 applicants will also be expected to submit satisfactory information by way of a drainage assessment including percolation tests where necessary. Early discussions with the Council are therefore recommended to ascertain information requirements. In addition to planning permission, applicants will need to obtain a discharge consent from the Environment Agency for any discharge of sewage effluent to controlled waters ('controlled waters' includes rivers, streams, reservoirs, groundwaters and most lakes and ponds). Consent may also be required for a discharge to a soakaway or self-contained pond. Planning obligations should also include an expected maximum Biological Oxygen Demand at the outflow point in line with current EU directives. The following Policy will therefore apply:-

12.33 Yorkshire Water is responsible for the provision of water to most properties in Calderdale. In the majority of cases the provision of a supply from the mains to the towns and other larger settlements within the District presents no major problems. The water supply comes from a combination of surface water and ground water sources and it is therefore important that both these sources are protected.

12.34 The rivers are heavily exploited for the drinking water supply of the area and there are 39 reservoirs in the River Calder system licensed to provide water for public supply. Ground water from aquifers presents a particular problem since it takes decades for pollution to move through the system and effective clean-up is difficult and costly. Calderdale overlies a ‘minor’ aquifer where ground water is abstracted mainly for industrial purposes and to provide the baseflow for rivers. However, some parts of Calderdale lie beyond the limits of the mains supply where water supplies are often from springs, boreholes, other underground supplies or from surface water run-off. These supplies are controlled under the Private Water Supplies Regulations 1991. Such supplies are subject to variability both in terms of quantity and quality and in some cases they are sub-standard. The control of development in these areas is an important element in protecting the quality of groundwater resources. Proposals affecting groundwater will be assessed in accordance with the Environment Agency’s ‘Policies and Practice for the Protection of Groundwater’ (1998) and the following Policy:-

Canals and Rivers

12.35 The main river valleys of the District (Calder, Hebble and Ryburn) link all the towns of Calderdale together, and through them pass the main roads, railways and canals. The quality of the environment in some parts of these corridors is in need of improvement. Canals and rivers have recreational and amenity value and provide significant potential for increasing the attractiveness of Calderdale as a place to visit, live and work. It is therefore important that a good environment is achieved in these corridors.

12.36 Waterways can provide a catalyst for the regeneration of the area because of their potential to provide an attractive setting for development and increase tourist opportunities. The 32 mile Rochdale Canal was fully restored for navigation through Calderdale to the centre of Manchester and opened in Summer 2002. It forms part of the national waterway system with the Calder and Hebble Navigation. This has created an attractive corridor for walkers, boaters and fishermen and stimulated new investment in canalside property. In addition, new opportunities for nature conservation have also been realised. The Council will seek to encourage and secure the improvement of all waterway corridors, including the Calder and Hebble Canal and River Calder. Whilst the enhancement of the River Calder is more problematic due to its steep banks, frequent fluctuations in levels and the amount of debris it collects, opportunities for enhancement will be progressed. The Council is a partner, along with Yorkshire Water, the Environment Agency, Friends of the Earth, Friends of Nature, Treesponsibility, the Green Business Network and others in the Calder Future initiative, which specifically seeks to improve the River Calder and its tributaries and their bank sides, and will continue to support this Project. In June 2003, Calder Future published its first Strategy for the river corridor, including an Action Plan. This will be monitored and reviewed by the partnership.

12.37 The relationship between the waterways, traditional waterside buildings and the urban and rural landscape needs to be maintained. This relationship can be destroyed by unsympathetic development. Similarly, because waterways have an important role to play in the provision of wildlife habitats, development adjacent to them should be sympathetic to the needs of nature conservation. A Supplementary Planning Document is currently being prepared for 'Waterside Development'.

12.38 The provision of increased access to the waterside can create important new recreation opportunities, as well as providing links to the existing footpath and cycleway network. This may be achievable when new development or extensions to existing uses are proposed adjacent to a waterway. Canal towpaths tend to be level and wide and are well suited for use by those who are less mobile, such as the elderly and disabled. The improvement of these paths and access to them is therefore important to provide facilities for all. The Council will impose conditions or enter into planning obligations, where necessary, on planning approvals to secure improvement and the creation of recreational and navigational facilities. Subject to the availability of resources, the Council will also seek to maintain and enhance existing waterside towpaths and footpaths as continuous routes. Therefore, the following Policy will apply:-

12.39 The Rochdale and Calder and Hebble Canals are identified as Sites of Ecological or Geological Importance (SEGI’s) and as such are also subject to Policy NE 14 ‘Protection of Locally Important Sites’.

12.40 The Environment Agency places great emphasis on the achievement of appropriate riverside development, and sets out 'Local Contributions', which identify actions the Agency is going to take locally to meet its vision. These 'Local Contributions' are focussed on the priorities of the whole 'Ridings' area, and not individual catchments. The Agency can provide more information on this approach.

Washlands and Floodlands

Planning has a positive role to play in ensuring that flood risk is properly taken into account in the consideration of proposals for development and that adequate measures are taken to reduce the risk of flooding. Government guidance in the form of PPG25 ‘Development and Flood Risk’ (2001) and the Draft PPS25 'Development and Flood Risk' (2005) provides the framework for the control of flood risk areas. In accordance with this approach, the Council will seek to:-

• guide development away from areas at risk of flooding through the application of a sequential test for development;
• ensure new development does not lead to additional flood risks; and
• retain and where practicable restore natural flood plain areas.

12.41 The Environment Agency takes the lead role in providing advice on flooding issues in relation to applications for development. The Agency identifies a two-tier hierarchy of sites with a high risk of flooding within Calderdale.

Washlands

These areas are shown on the Proposals Map. They provide essential storage for flood water and are the flood risk areas requiring the highest level of protection. If a river is deprived of its washland, for example by development which raises the height of land or creates a barrier to floodwater, this can lead to more serious flooding elsewhere. Whilst these areas may be suitable for some recreation, sport, amenity and conservation uses, built development will be wholly exceptional and will not be generally permitted. A washland also operates as a functional floodplain.

Functional Floodplain

These are areas, of land, in addition to washlands, which are unobstructed or active areas where water regularly flows in time of flood. The broad extent of these areas, based on the most recent 2005 Strategic Flood Risk Assessment maps, can be found at Appendix 8 and these should be used as a guide for developers. Within the undeveloped areas of the 1 in 100 year indicative floodplain, development for residential, commercial or industrial use will not normally be permitted, unless a particular location is essential, such as for navigation or water-based uses. In the case of residential uses, these will be restricted to job-related accommodation. Where areas are already developed within the 1 in 100 year indicative floodplain, some limited development may be acceptable. However, in the vast majority of instances the applicant will need to provide a Flood Risk Assessment at the time of application, to assess the acceptability of development.

The washlands and indicative floodplains identified by the Environment Agency are subject to continual change and monitoring and at any time could be more or less extensive than those shown on the Proposals Map. Up to date maps can be viewed in the Council Offices or on the Environment Agency’s website (www. environment-agency.gov.uk). For more detailed and up to date information, developers are advised to contact the Environment Agency.

12.42 PPG25 advocates a sequential approach to deciding which areas are most suitable for development. The development strategy will be to locate new housing, commercial and industrial uses primarily on sites with little or no flood risk or low to medium flood risk, where this is possible. However, due to the topography of Calderdale, the areas of previously developed, flat land around the main watercourses provide a scarce supply of developable and accessible land, especially suited to industrial uses. Where development cannot be accommodated on low to medium risk sites, the Council will consider sites located within the developed parts of the 1 in 100 year indicative floodplain to meet the development requirements of the Council. Developers will need to provide a Flood Risk Assessment that will take account of the risks of flooding, the standards of existing flood defences, the impact of climate change and the potential to improve flood defences. In some cases, mixed-use developments may enable sites to be developed by locating open space etc in the areas of high flood risk. Where conversions are proposed, it may be necessary to place the housing element on the upper floors, with public areas on the ground floors.

12.43 The Council will use the following preferred sequence of locations in allocating and permitting sites for development:-

1. Areas with little or no risk of flooding. All types of development will be considered within these locations. A Flood Risk Assessment as stipulated in Policy EP19 will be required including the incorporation of Sustainable Drainage Systems.

2. Areas with a low to medium risk of flooding, classified as land within the 1 in 1000 year floodplain. Whilst these areas will be suitable for most types of development, a Flood Risk Assessment will be required for prospective development plan preparation, and with all appropriate planning applications (for instance, excluding minor residential and commercial extensions). Where a problem is identified, development may need to be of flood resistant construction and incorporate adequate evacuation procedures. These would be controlled through conditions attached to planning approvals. Advice must be sought from the Environment Agency on this issue.

3. Areas with a high risk of flooding within existing developed parts of the 1 in 100 indicative floodplain. These areas may be suitable for limited development, provided a minimum standard of flood defence can be maintained for the lifetime of the development. Flood Risk Assessments will be required to assess the risk of flooding. The appropriateness of development and the necessary forms of mitigation/flood defence requirements and access/egress must be considered.

4. Areas with a high risk of flooding within undeveloped parts of the 1 in 100 indicative floodplain. These will only be suitable for development if a particular location is essential, for example, to service water-based or navigation uses. Residential uses within these areas will be restricted to job-related accommodation. A robust Flood Risk Assessment will be required to assess the risk of flooding.

5. Areas with a high risk of flooding in designated Washlands. Built development will be wholly exceptional. Some recreational, sport, amenity and conservation type uses may be acceptable along with essential transport infrastructure subject to a thorough Flood Risk Assessment.

Developers looking for sites for housing or other development will be expected to have regard to this sequence. The Council, in consultation with the Environment Agency, may request the submission of a Flood Risk Assessment by the applicant. Applicants should consult the Council prior to submitting their planning application, to ascertain whether there is any likelihood of flooding of their development or land elsewhere. If it is necessary to carry out a Flood Risk Assessment to fully consider the impact of the development, the onus will be on the developer to carry this out and provide the necessary information with a planning application submission. Guidance on the content of flood risk assessments is contained in Appendix F of PPG25.

12.44 Current uncertainties over possible climate change make the need to safeguard floodplain areas particularly important. Recent years have seen an increase in the number of serious floods in Calderdale, as swollen tributary streams have flowed into the main river system. Designated washland areas will therefore, be protected from development to ensure storage capacity is not reduced and flows are not increased or impeded. The Council will support opportunities to restore the floodplain, where it has been historically developed and damaged, to increase its water storage capacity. The following Policy applies:-

Within the 1 in 100 year indicative floodplain, the following Policy will apply:-

12.45 Where a development is considered acceptable subject to the carrying out of flood defence or flood alleviation works, the developer will be required to fund these fully and contribute to future maintenance, unless these are already programmed in accordance with Part One POLICY GCF 1 ‘INFRASTRUCTURE AND OTHER NEEDS ARISING FROM DEVELOPMENT’. This would be done through a condition or planning obligation attached to a planning approval, vesting the defences with the operating authority. A dedicated commuted sum to cover the cost of maintenance for a period of 30 years will be required. If defence improvements are of wider benefit, the contribution should be proportional to the benefits to the developer. Negotiation of this figure will be up to the Local Planning Authority. This issue is covered in more detail in paragraphs 10.2 to 10.9.

12.46 There are many informal flood defences along the rivers in Calderdale, which have not been designed as defence structures and which are substandard. The areas behind these defences are at greater risk from flooding than some other areas in the indicative floodplain and will be subject to the following Policy:-

Drainage and Flood Prevention

12.47 Large parts of Calderdale form part of the Pennine range of hills on which high rainfall or melting snow can cause flooding. This is a natural process, but humankind’s interference with the flow of rivers and streams and our general and often damaging impact on the total environment can have a significant impact on flooding. The careful control and management of drainage systems and watercourses throughout the river catchment can assist in minimising the severity of flooding, pollution and enhance biodiversity in accordance with Part One POLICY GNE 2 ‘PROTECTION OF THE ENVIRONMENT’. Solutions such as tree planting (see paragraphs 11.62 -11.80), reversal of moorland drainage schemes and the alleviation of ground compaction all have a role to play in the overall flood prevention strategy as do measures set out in the Plan to reduce the impact of global warming, for instance by seeking to keep levels of car ownership at their current rates or, if this does not prove possible, to reduce its rate of growth and hence achieve cutbacks in the release of climate changing pollutants to the atmosphere. Nevertheless, policy is still needed to control actual flooding. It should be stressed that Policy EP19 will only be applied to a limited number of developments, where following consultation with the Environment Agency, it is considered that the proposal could potentially have a damaging impact on efforts to reduce the occurrence of flooding in the district. Development outside floodplains will be subject to the following policy:-

12.48 Development reduces the ability of water to percolate into the land by replacing greenfield land with hard-surfacing. Traditional drainage systems are designed to carry water away as quickly as possible. This alters the natural flow patterns and can lead to problems elsewhere such as flooding downstream, pollution and damage to water and waterside habitats. Problems can also result if the watercourse is obstructed by development. Development may be acceptable providing a watercourse is improved further downstream. Where this is necessary, the works will need to be completed prior to the commencement of the development and be funded by the applicant. This will be secured through the application of a 'Grampian' type condition. Development will therefore be considered against the following Policies:-

12.49 Sustainable Drainage Systems (SUDS) provide engineering solutions that mimic natural drainage processes rather than using traditional piped methods. Such systems can minimise the additional flood risk that new development can cause by controlling surface water as near to source as possible. This can make a significant contribution to more sustainable patterns of development. Therefore, the Council will seek to ensure that new developments incorporate SUDS where this is practicable.

12.50 There is a wide range of SUDS including devices such as reed beds, infiltration trenches, detention basins, swales, porous pavements, retention ponds and filter strips. Developers should use SUDS in preference to the traditional systems. Therefore, developers are advised to consult the Environment Agency, Highway Authorities and the water undertakers for information on sustainable techniques and to establish the most appropriate technique available to them at an early stage in the planning process. Development will be subject to the following Policy:-

12.51 Culverting of open watercourses represents a major threat to the flood defences and the ecology of an area. The Council will seek to prevent the culverting of open watercourses where possible and appropriate, to avoid increasing the risks of flooding and protect wildlife habitats and natural amenity. Such a view is reflected in the policies of the Environment Agency. The Council will, in addition, support the re-opening of existing culverts to assist flood defence and environmental purposes. The following policy will therefore apply:-

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