14 ENVIRONMENTAL RESOURCES OBJECTIVES M141 Objective 1 No

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					14.     ENVIRONMENTAL RESOURCES


OBJECTIVES:

M14.1      Objective 1

           No modification: to accord with the Inspector’s recommendation 14.1.2 to
           make no modification in response to the objection. The siting of waste
           transfer, recycling and disposal facilities are land use matters appropriate for
           inclusion in the UDP.


M14.2      Objective 2

           No modification: no objections made


M14.3      Objective 3

           No modification: no objections made


M14.4      Objective 4

           No modification: no objections made


M14.5      Objective 5

               No modification: no objections made


STRATEGIC CONSIDERATIONS

M14.6      Paragraph 14.1

           No modification: no objections made


M14.7      Paragraph 14.2
           The objectives and policies in this chapter of the plan are aimed at encouraging
           measures that contribute to a more sustainable future. The Government’s
           sustainable development objectives, set out in its Sustainable Development
           Strategy “A Better Quality of Life” (May 1999), include effective protection of
           the environment and prudent use of natural resources. This is supported in
           PPG1 which states that “A sustainable framework should conserve both the
           cultural heritage and natural resources (including wildlife, landscape, water,


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           soil and air quality)”. Government guidance in this respect is also set out in
           PPG10, the UK Waste Strategy, PPG22 and RPG3 The Government’s
           Sustainable Development Strategy “Securing the Future” (March 2005)
           includes the guiding principles of living within environmental limits in order
           to improve our environment and ensure that the natural resources needed for
           life are unimpaired and remain so for future generations. This is supported in
           PPS1 which states that the aims of sustainable development should be pursued
           “…in ways that protect and enhance the physical environment and optimise
           resource and energy use”. Additional Government guidance is set out in
           PPS10, The UK Waste Strategy, PPS22, PPS23 and the London Plan.”

           Reason for modification: to reflect changes in planning policy guidance and
           to take account of the London Plan.


LOCAL CONSIDERATIONS

M14.8      Paragraph 14.3
           This chapter sets out a policy framework for conserving natural resources and
           addressing land uses that are likely to have particular environmental impacts,
           in line with the Borough’s Recycling Plan 1999-2005 and the Mayor for
           London’s forthcoming draft Waste Strategy Bromley’s draft Waste Strategy,
           The London Plan, and the Mayor’s Waste and Energy strategies. It sets the
           context for sustainable management of waste produced in the Borough, while
           encouraging the reduction of the quantity of waste and encouraging greater
           levels of recycling. It encourages energy conservation along with the greater
           use of sustainable energy production at a local level. It seeks the reduction of
           noise, light and other sources of pollution and promotes the protection and
           enhancement of environmental assets, such as water-related features. It also
           supports the clean up and re-use of contaminated land. (Minerals planning is
           addressed in Policies G19 and G20 of the Green Belt Chapter).

           Reason for modification: the Borough’s recycling plan has been superseded
           and the London Plan and associated strategies have now been published.


WASTE MANAGEMENT PRINCIPLES

M14.9      Policy ER1

           No modification: no objections made


M14.10     Paragraph 14.4
           PPG10 recognises that the planning system has an important role to play in
           achieving sustainable waste management. The provision of a planning
           framework enables adequate provision to be made for waste management
           facilities to meet the needs of society. PPS10 states that “positive planning has
           an important role in delivering sustainable waste management through the
           development of appropriate strategies for growth, regeneration and the prudent

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           use of natural resources, and by providing sufficient opportunities for new
           waste management facilities of the right type, in the right place at the right
           time. Decisions about facilities and other waste management options will be
           based on the principles identified in this policy:

           § The Best Practical Environmental Option (BPEO): this is the option that
             provides the most benefits or the least damage to the environment, as a
             whole, at acceptable cost, in the long term as well as in the short term.
           § Regional Self-sufficiency: that most waste should be treated or disposed of
             within the region in which it is produced, in particular taking into account
             the advice of the Greater London Authority in its role as the regional waste
             planning body.
           § The Proximity Principle: that waste should be managed as close to its place
             of production as is possible.
           § The Waste Hierarchy: the Council has adopted the waste hierarchy (set out
             in Policy ER1), which it will use in considering proposals relating to waste
             management and assessing BPEO.

       Reason for modification: PPG10 has been superseded by PPS10.


WASTE MANAGEMENT FACILITIES

M14.11     Policy ER2

           No modification: to accord with the Inspector’s recommendation 14.4.2 to
           make no modification to the Policy in response to the objection nor allocate a
           site at Old Maidstone Road in accordance with Inspector’s recommendation
           14.3.6. The reference in the box to Policy ER19 should be removed as it is
           proposed that this policy be deleted from the UDP in line with the Inspector’s
           recommendation 14.17.2.


M14.12     Paragraph 14.5
           There are many types of waste management facility, varying greatly in size,
           characteristics and potential environmental impacts. PPG10 identifies the
           following types of facility in particular: waste separation/recycling,
           composting, incinerators (with or without energy recovery), other waste to
           energy facilities (such as anaerobic digestion), landfill, land raising operations,
           waste transfer stations etc. The policy sets out the planning factors that the
           Council will take into account in determining planning applications for such
           facilities. Applications must be able to show that the facility proposed is the
           Best Practicable Environmental Option, bearing in mind that the BPEO may
           change over time with advances in waste treatment technology.

               Reason for modification: PPG10 has been superseded by PPS10, which
               does not refer to particular types of waste management facilities.




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M14.13     Paragraph 14.6

           No modification: no objections made


M14.14     Paragraph 14.7

           No modification: no objections made


M14.15     Paragraph 14.8
           Government has set statutory targets for recycling and composting household
           waste. The Council has been set a Statutory Performance Target for recycling
           and composting of 14% by 2003/4 and 21% by 2005/6. The Council’s
           combined targets for recycling and composting are 25% by 2005/6, 27% by
           2006/7, 29% by 2007/8 and 31% by 2008/9. Two civic amenity sites exist
           within the borough, one at Waldo Road, Bromley and the other at Churchfields
           Road, Beckenham. There are also a number of recycling sites. In order for the
           provision of waste facilties to achieve the current waste targets it is necssary
           that a number of potential options to be identified. These include the
           following:

           § a replacement for the Churchfields waste transfer/civic amenity site,
           § a new civic amenity site serving the eastern part of the Borough,
           § centralised facilities for composting green waste,
           § facilities for recycling of construction waste,
           § facilities for materials segregation (MRF),
           § waste to energy facility for residual waste, providing combined heat and
           power (CHP).

                See also: Policies G1, G19,&G20 & ER19


           Reason for modification: no modification to the paragraph in response to the
           objection, to accord with the Inspector’s recommendation 14.5.2. The
           paragraph, however, has been updated to reflect the new recycling targets for
           the Borough and the reference to Policy ER19 has been deleted from the
           reference box as it is proposed that this policy be deleted from the UDP in line
           with the Inspector’s recommendation 14.17.2 (see Modification M14.73).


PROMOTING RECYCLING

M14.16     Policy ER3
           The Council will promote recycling by:

               (i)   ensuring the provision of an adequate network of local waste
                     management facilities;



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               (ii)    seeking appropriate provision of space and, where appropriate,
                       facilities for waste separation and collection in all new or expanded
                       developments; and
               (iii)   encouraging, where possible, the re-use of recycled construction
                       materials.

           To enable the Council to meet its recycling targets, new and expanded
           developments will be expected to provide space and, where appropriate,
           facilities for waste separation and collection.

           Reason for modification: to accord with Inspector’s recommendation 14.6.3
           to reword Policy ER3 to reflect this policy aim of increasing recycling but
           introducing flexibility to discuss options for facilities with applicants.


M14.17     Paragraph 14.9
           The Council seeks the provision of small-scale facilities (e.g. bottle and paper
           banks) that will encourage an increase in recycling of waste. Recyclable
           materials will increasingly form part of a regular collection service. This
           policy and supplementary planning guidance also promotes appropriate design
           and layout for ease of separation and collection, and the use of recycled
           construction materials.
                See also Policy BE1 and Supplementary Planning Guidance: Green
                Building Sustainable Design and Construction, Additional Design
                Guidance, and the Borough Recycling Plan Bromley’s draft Waste
                Strategy, The London Plan, and the Mayor’s Waste and Energy strategies

           Reason for modification: the reference to the Borough’s recycling plan has
           been deleted from the box since this has been superseded and the London Plan
           and associated strategies have now been published. Supplementary guidance is
           to be developed in due course.


ENERGY EFFICIENCY AND DESIGN

M14.18     Policy ER4
           The Council will expect all development to have regard to the principles of
           energy efficiency through their design, orientation, density and location.
           Subject to other policies of the plan, the Council will support proposals for
           low energy buildings.

           Reason for modification: to accord with Inspector’s recommendation 14.7.6
           to delete Policy ER4 and reword Policy ER5 to provide a single overarching
           policy covering sustainable design and construction (see also Modification
           M14.22 below)


M14.19     Paragraph 14.10


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           The conservation of energy is of global importance. At the local level, the
           Council believes that much can be achieved in terms of detailed measures to
           further the overall aims of energy conservation. Measures to improve energy
           conservation in new and existing buildings are encouraged provided that they
           do not conflict with the other policies of the plan. These measures are likely to
           include: passive solar design; solar space/water heating; and insulation/double
           glazing. In particular, when considering energy conservation measures,
           special attention should be paid to the character and appearance of buildings
           on both the statutory and local lists and to buildings within Conservation
           Areas.

           Reason for modification: delete paragraph as a consequence of the deletion of
           Policy ER4.


M14.20     Paragraph 14.11
           In addition, Part L of the Building Regulations 1991 lays down minimum
           standards of thermal insulation that should be achieved in new buildings or
           extensions to existing buildings.

           Reason for modification: See Modification M14.18 above.


M14.21     Paragraph 14.12
           Low energy buildings are those which minimise their energy use while
           maximising the opportunities for harnessing renewable energy generation. In
           order to demonstrate feasibility and encourage wider incorporation of energy
           efficient materials and design in all developments, the Council will welcome
           developments that can act as demonstration schemes. Such schemes may of
           course be constrained by other policies in this plan
               See also: SPG on Green Building Design and Construction


           Reason for modification: See Modification M14.18 above.




RENEWABLE ENERGY
SUSTAINABLE AND ENERGY EFFICIENT DEVELOPMENT

M14.22     Policy ER5
           Subject to other policies of the plan, the Council will consider favourably
           proposals which incorporate and enable the generation or use of renewable
           energy.

           All new development (new build or conversion) will be expected to either
           include or make suitable for the following resource efficiency measures:


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           (i)     siting, design, layout and building orientation to maximise sunlighting
                   and daylighting.
           (ii)    Landscape or planting design to optimise screening or shading where
                   necessary
           (iii) Sustainable urban drainage systems, including rainwater and
                 wastewater collection and recycling.
           (iv) The installation and use of other devices that minimise energy and
                water consumption.
           In the case of non-residential developments of 1000 sqm or more and
           residential development comprising 10 dwellings or more applicants will be
           required to include the use of on-site renewable power generation equipment
           to provide at least 10% of the projected energy requirement. Where it is
           proposed not to include renewable energy generation, the applicant will be
           expected to demonstrate that the installation of such equipment is not viable
           or appropriate because of the type of development, its location or design.”
           Reason for modification: to accord in part with Inspector’s recommendation
           14.7.6 to reword Policy ER5 to provide a single overarching policy covering
           sustainable design and construction and bring policy in line with current best
           practice recommended in PPS22, the London Plan and the South Eastern Sub-
           Regional Development Framework. In so doing, thresholds that are no longer
           appropriate are omitted or amended.


M14.23     Paragraph 14.13
           Renewable energy sources provide a source of sustainable power generation
           that can increase the security and diversity of energy supply. Government has
           set a target of 5% of UK electricity to be met from renewable energy sources
           by the end of 2003, with 10% by 2010. A renewable energy assessment of
           Greater London is currently being undertaken for the Government. Sources of
           renewable energy that might be applicable locally include:

           §      solar energy – “active” (e.g. panels on roofs for space/water heating) and
                  photovoltaics
           §      energy from waste/combined heat and power CHP/landfill or sewerage
                  sludge/gas
           §      energy crops
           §      small-scale wind turbines.

           When considering the appropriateness or design and location of items such as
           panels on roofs, special attention should be paid to the character and
           appearance of buildings on both the statutory and local lists and to buildings
           within Conservation Areas.

           Reason for modification: paragraph deleted as a consequence of the
           rewording of Policy ER5 and replaced by new supporting text (see
           modification M14.27 below).



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M14.24     New Paragraph 14.13a
           The Council seeks to ensure that built development is designed and
           constructed with resource efficiency in mind. Measures taken locally can
           contribute to the Government’s four goals of reducing carbon emissions;
           enhancing security of energy supplies; improving competitiveness of UK
           businesses and reducing fuel poverty (Energy White Paper, 2003). Local
           residents and businesses can make financial savings by being more energy
           efficient.

           Reason for modification: to provide a new supporting paragraph to reworded
           Policy ER5, to reflect current best practice and policy guidance.


M14.25     New Paragraph 14.13b
           From the design to the internal fittings, developers can take significant steps
           towards creating more sustainable buildings. Many of the measures to
           improve energy and water efficiency can be implemented at low cost, and can
           be retrofitted during conversion, renovation and refurbishment.
           Examples of resource efficiency measures which could be applied locally
           include:
           •     Location and design of buildings to ensure maximum daylighting;
           •     Use of recycled construction materials;
           •     Installation of thermal insulation and glazing to above minimum building
                 regulation standards;
           •     Specification of low-energy lighting and PIR sensors;
           •     Installation of high efficiency boilers or Combined Heat and Power in
                 preference to electric heating, and use of thermostats to produce different
                 heating zones;
           •     Specification of low energy (‘A’ rated) appliances such as fridges,
                 freezers, dishwashers and washing machines
           •     Use of water conservation devices.

           Reason for modification: See Modification 14.24 above.

M14.26     New Paragraph 14.13c
           Irrespective of planning policies, all developments and extensions to existing
           buildings have to achieve the minimum standards laid down in Part L of the
           Building Regulations 2002 on standards of thermal insulation, and Part F on
           ventilation. Part L is being revised during 2005.

           Reason for modification: See Modification 14.24 above.


M14.27     New Paragraph 14.13d
           The Energy White Paper sets out the Government Target that by 2010 the UK
           should be generating 10% of its electricity from renewable sources. PPS 22
           outlines the environmental, economic and social benefits of developing
           renewable energy locally.


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           In Bromley, the best opportunity for developing renewable energy generation
           is currently by incorporating the technology into new development. Types of
           renewable energy generation technology that may be applicable on a wide
           range of buildings include:
           •    Solar thermal panels – heating water by sunlight
           •    Photovoltaic (pv) panels – producing electricity from sunlight
           •    Small-scale wind turbines – mounted on buildings
           •   Combined heat and power schemes – where the fuel used is from a
               renewable source
           Most of these technologies can be retrofitted, but it is more cost-effective to
           design them in from the start.

           Reason for modification: See Modification 14.24 above.


M14.28     New Paragraph 14.13e
           Applicants are encouraged to show clearly how they propose to incorporate
           resource efficiency measures and renewable energy generation technology into
           developments, where applicable. Where it is proposed not to adopt such
           measures, the applicant will be expected to demonstrate why it is not viable or
           appropriate.

           Reason for modification: See Modification 14.24 above.


M14.29     New Paragraph 14.13f
           The Council will welcome schemes that can act as demonstration schemes for
           low energy buildings – those which minimise their energy use and maximise
           opportunities for harnessing renewable energy, in order to demonstrate
           feasibility and raise awareness.

           Reason for modification: See Modification 14.24 above.


M14.30     New Paragraph 14.13g
           Within Conservation Areas and on or in buildings on both the statutory and
           local lists, special attention should be paid to character and appearance when
           designing, specifying and siting energy efficiency measures and renewable
           energy technology.

           Reason for modification: See Modification 14.24 above.


M14.31     Paragraph 14.14
           An Environmental Impact Assessment may be required (under the 1999
           Regulations) for some proposals, depending upon their size and nature. The
           emphasis, however, is placed on small-scale, local facilities.



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           Reason for modification: paragraph amended and moved to follow paragraph
           14.15. See modification M14.33 below.


M14.32     Paragraph 14.15
           Proposals for facilities that are likely to have an adverse impact on the
           landscape or on designated areas such as Green Belt and open space are not
           likely to be acceptable. Similarly, facilities proposed on designated sites such
           as SSSIs, where the immediate environmental impact is likely to be
           significant, will not generally be considered favourably.

               See also: Policy ER2 and

           Renewable energy projects likely to affect nationally recognised designations
           should aim to uphold the objectives of the designations and permission will be
           granted if it can be shown that adverse effects are clearly outweighed by
           environmental, social and economic benefits. In the case of harm to
           internationally designated sites, permission will only be granted under the
           circumstances listed in Policy NE1. In the Green Belt wider environmental
           benefits associated with increased production of energy from renewable
           sources could comprise the very special circumstances needed to justify harm
           by reason of inappropriateness or any other harm

           Reason for modification: to accord with Inspector’s recommendation 14.8.2
           to reword paragraph 14.15 to reflect guidance in PPS22 that “very special
           circumstances” may include the wider environmental benefits of renewable
           energy.


M14.33     New Paragraph 14.15a (previously 14.14)
           An Environmental Impact Assessment may be required (under the 1999
           regulations) for some proposals for stand-alone renewable energy generating
           facilities, depending upon their size and nature. The preference, however, is
           for the widespread adoption of energy efficiency measures and then small-
           scale on-site technology.

           Reason for modification: See Modification 14.31 above.


AIR QUALITY

M14.34     Policy ER6

           No modification: no objections made


M14.35     Paragraph 14.16

           No modification: no objections made


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M14.36     Paragraph 14.17
           The Government published its National Air Quality Strategy in 1997 as
           required in the Environment Act 1995. The Act requires local authorities
           periodically to review air quality and assess this against the air quality
           objectives set in the Air Quality (England) Regulations 2000. If it is
           established that these targets will not be met by the end of 2005, the local
           authority must designate an Air Quality Management Area and prepare an
           action plan defining how the AQMA’s air quality will be improved. The
           Council published its Stage 3 Air Quality Review and Assessment in January
           2001. This concluded that the air quality targets would be met and no AQMA
           within the Borough is proposed at this stage which concluded that the air
           quality targets would be met. A further Detailed Assessment is due to be
           submitted in Autumn 2005 and the conclusions are not known at this stage.

           Reason for modification: air quality reviews and assessments are ongoing
           and the paragraph is duly updated to reflect the latest situation.


M14.37     Paragraph 14.18

           No modification: no objections made


POTENTIALLY-POLLUTING DEVELOPMENT

M14.38     Policy ER7

           No modification: no objections made


M14.39     Paragraph 14.19
           PPG23 PPS23 states that “any consideration of the quality of land, air or water
           and potential impacts arising from development, possibly leading to impacts
           on health, is capable of being a material planning consideration, in so far as it
           arises from or may affect any land use” It clarifies that the controls under the
           planning and pollution control regimes should complement rather than
           duplicate each other. planning controls can complement the pollution control
           regime and help secure proper operation of potentially polluting development.
           The Environment Agency or other responsible body will be consulted with
           regard to proposals for which they are the relevant pollution control authority.

           Reason for modification: PPG23 has been superseded by PPS23.


M14.40     Paragraph 14.20

           No modification: no objections made



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M14.41     Paragraph 14.21

           No modification: no objections made


CONTAMINATED LAND

M14.42     Policy ER8

           No modification: no objections made


M14.43         Paragraph 14.22

           No modification: to accord with Inspector’s recommendation 14.9.2 to make
           no modification to the paragraph in response to the objection.


M14.44     Paragraph 14.23

           No modification: no objections made


NOISE POLLUTION

M14.45     Policy ER9

           No modification: no objections made


M14.46     Paragraph 14.24

           No modification: no objections made


M14.47     Paragraph 14.25

           No modification: no objections made


VENTILATION

M14.48     Policy ER10
           When considering proposals for restaurants and cafes (ClassA3), drinking
           establishments (Class A4), and hot food takeaways (Class A5), the Council
           will normally require submission of details of a ventilation system where
           such a system would be necessary in order that the smell, noise and visual
           impact of the system on its surroundings can be properly considered.



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           Reason for modification: to accord with Inspector’s recommendation 14.10.2
           to modify Policy ER10 to acknowledge that not all applications require
           ventilation systems, and to update the Policy in light of the recent amendments
           to the Town and Country Planning (Use Classes) Order 1987.
M14.49      Paragraph 14.26

           No modification: to accord with Inspector’s recommendation 14.11.2 to make
           no modification, as the suggested wording does not alter the meaning or force
           of the paragraph.


LIGHT POLLUTION

M14.50     Policy ER11

           No modification: to accord with the Inspector’s recommendation 14.12.2 to
           make no modification to the policy in response to the objection.


M14.51     Paragraph 14.27

           No modification: no objections made


M14.52     Paragraph 14.28

           No modification: no objections made


HAZARDOUS SUBSTANCES

M14.53     Policy ER12

           No modification: no objections made


M14.54     Paragraph 14.29

           No modification: no objections made


CONTROLLING DEVELOPMENT IN FLOOD RISK AREAS

M14.55     Policy ER13
           Within areas liable to flood, new built development will not normally be
           permitted unless it can be demonstrated to the satisfaction of the Council
           that the proposal would not (either itself or cumulatively with other
           development):



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           (i)      impede the flow of surface water, or;
           (ii)     reduce the capacity of the floodplain to store water, or
           (iii)    increase the number of people or properties at risk from surface
                    water flooding.

           Where permission is granted, flood attenuation or other appropriate
           measures will be required. The potential effects of such measures on nature
           conservation, landscape and amenity will be taken into account before
           planning permission is granted.

           In "low to medium" and "high risk" flood zones, an application for
           development should be accompanied by a flood risk assessment appropriate
           to the scale and nature of the development proposed.
           New development on undeveloped or sparsely developed area within high
           risk flood zones will not be permitted unless the particular location is
           essential and it can be demonstrated that an alternative lower risk location is
           not available. Residential development on such land will be limited to job-
           related accommodation.
           In the functional flood plains, built development will be limited to transport
           and utilities infrastructure that needs to be located in the area. Recreation,
           sport, and conservation uses will be permitted, provided that adequate
           warning and evacuation procedures can be provided.
           In flood zones with “little or no risk”, “low to medium” and “high risk
           developed areas” new development or the intensification of existing
           development will not be permitted where it would:
           (i)     Increase the risk of flooding within this area or downstream.
           (ii)    Materially impede the flow of floodwater
           (iii) Reduce the capacity of floodplains to store water.
           (iv) Adversely affect flood defence structures or other features with the
                same role, or obstruct land needed for access and/or maintenance
                purposes to such structures.
           Where permission is granted flood attenuation or other appropriate
           measures will be required. The potential effects of such measures on nature
           conservation, landscape and amenity will be taken into account before
           planning permission is granted.

           Reason for modification: reword Policy ER13 in accordance with Inspector’s
           recommendation 14.13.2 to reflect the approach recommended in PPG25.


M14.56     Paragraph 14.30

           No modification: no objections made


M14.57     Paragraph 14.30a


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           No modification: no objections made


M14.58     Paragraph 14.31

           No modification: the paragraph does not identify specific flood risk areas.
           The Proposals Map will be amended in line with the latest Environment
           Agency information (see Modification 18.xx)


FOUL AND SURFACE WATER DISCHARGES FROM DEVELOPMENT

M14.59     Policy ER14
           The Council will not normally grant planning permission for new
           development or redevelopment where:

           (i) there is inadequate capacity in the sewerage system to accept the
                additional foul water discharge that would result from the development
                or redevelopment;
           (ii) the development or redevelopment would increase the risk of flooding
                from surface water run-off, either within that site or elsewhere.

           Where the level of surface water run-off is likely to be unacceptably high the
           Council will expect the rate of run-off to be restricted to an appropriate level.
           Any measures proposed will be expected to take account of sustainable
           drainage methods. Any measures proposed will be expected to employ
           sustainable drainage methods, unless there is an overriding reason for not
           using such an approach.

           Reason for modification: to accord with Inspector’s recommendation 14.15.2
           to improve the robustness of the Policy.


M14.60     Paragraph 14.32

           No modification: no objections made


M14.61     Paragraph 14.33

           No modification: no objections made


M14.62     Paragraph 14.34

           No modification: no objections made




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SURFACE AND GROUNDWATER QUALITY

M14.63     Policy ER15

           No modification: no objections made
M14.64     Paragraph 14.35

           No modification: no objections made


M14.65     Paragraph 14.36

           No modification: no objections made


CONSERVATION OF WATER RESOURCES

M14.66     Policy ER16

           No modification: no objections made


M14.67     Paragraph 14.37

           No modification: no objections made


M14.68     Paragraph 14.38

           No modification: no objections made


M14.69     Policy ER17

           No modification: retain the Policy contrary to Inspector’s recommendation
           14.16.2, which does not address the objection. The Policy supports the duties
           and responsibilities of the Environment Agency towards specific river
           catchment areas through the planning process.


M14.70     Policy ER18

           No modification: no objections made


M14.71     Paragraph 14.39

           No modification: no objections made


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M14.72     Paragraph 14.40

           No modification: no objections made

ENVIRONMENTAL IMPACT ASSESSMENT

M14.73     Policy ER19
           In considering applications for development that may need to be
           accompanied by statements of their environmental impacts, the Council will:

           (i) have regard to the plan’s other environmental policies and relevant
                regulations; and
           (ii) advise applicants when such statements are required

           Reason for modification: to accord with Inspector’s recommendation 14.17.2
           which supports the further Inquiry change to delete the Policy and text which
           replicate regulatory material.


M14.74     Paragraph 14.41
           The Town and Country Planning (Environmental Impact Assessment)
           (England and Wales) Regulations 1999 identify those types and/or size of
           development proposal that must be accompanied by an Environmental Impact
           Assessment (EIA). These are identified in two schedules: Schedule 1
           identifies the types and size of development that will always require an EIA.
           Schedule 2 gives guidelines on the size and type of development that will
           require an EIA if the Council considers that the development proposal will be
           likely to have a significant effect. Where it is unclear whether a proposal falls
           within Schedule 2, the Regulations give guidance for some types of
           development in the form of thresholds but requires that all decisions are based
           on careful judgement of ‘significant effect’ on a case by case basis.

           Reason for modification: See Modification M14.73 above.


M14.75     Paragraph 14.42
           The Regulations provide for applicants to request a Screening Opinion from
           the Council, in order to determine whether an EIA will be required to be
           submitted with a planning application. Subsequently a Scoping Opinion can
           be requested from the Council, defining those issues that should be covered in
           the EIA. In both cases the Council may consult statutory bodies such as
           English Nature or the Environment Agency in reaching its screening or
           scoping opinion. In reaching its opinion, the Council will have regard to
           relevant designations, EC directives, and other strategies (such as the
           Biodiversity Action Plan), as appropriate.

           Reason for modification: See Modification M14.73 above.


October 2005                                226                London Borough of Bromley
                                                                   Proposed Modifications

				
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Description: 14 ENVIRONMENTAL RESOURCES OBJECTIVES M141 Objective 1 No