Planning Guidance and Air
Delivering Clean Air:
Section 106 agreements
Low Emission Zones
Low Emission Strategies Partnership
Delivering Cleaner Air using
the Planning System
• Why have a Low Emission Strategy?
• LES Background
• Applying Planning Policies
• Using Sect.106 agreements/equivalent
• Implementing a Low Emission Zone
Why have a Low Emission
• “Air pollution…is currently estimated to reduce the life
expectancy of every person in the UK by an average of
Air Quality Strategy for England, Scotland, Wales
and Northern Ireland, 2007
• Long-term health effects: chronic respiratory disease,
lung cancer, heart disease, and even damage to the
brain, nerves, liver, or kidneys.
• Continual exposure to air pollution affects the lungs of
growing children and may aggravate or complicate
medical conditions in the elderly.
Why have a Low Emission
• Most worrying are emissions from vehicles: Particulates,
• The smaller the particulate, the further into the lungs it
will travel, causing potentially more serious damage.
• We need a drastic reduction in greenhouse gasses,
particularly CO2 from transport, if we are going to avoid
“run-away climate change” aka “climate catastrophe”.
Background to LES
• Air Quality Beacon status awarded to
Greenwich Council in 2007, together with
3 other authorities; Croydon, Sefton, and
• Beacons Low Emission Strategies group
established (including GLA, Kensington
and Chelsea, City of London, Cenex and
• Low Emission Strategies consultation draft was
published in March 2008, which provides a package
of measures to help mitigate the transport impacts of
• Primary aim to accelerate the uptake of low
emission fuels and technologies in and around
• To complement other design and mitigation options
e.g., travel planning and the provision of public
Planning Policies (under review)
• PPS1 (consolidated supplement)
• Development Management Policy Annex
• Community Infrastructure Levy (CIL)
• Circular 05/05 - revised
• Development Plan Policies
• Supplementary Planning Documents
(Consolidated) Supplement to
New draft PPS on Planning for a Low Carbon Future in a
Draft policy that sets out a planning framework for
securing enduring progress against the UK‟s targets to
cut greenhouse emissions and use more renewable and
low carbon energy, and to plan for the climate change
The recent consultation sought stakeholder views and
comments on the draft planning policy, which combines
and updates the existing planning policy statements on
climate change (PPS1 supplement) and renewable
energy (PPS22). (consultation closed 1/6/10)
Policy Annex (status?)
Statement sets out a Government‟s policy on the information which
must be provided in support of planning applications, so that local
planning authorities can determine the validity of applications.
(effective from 6 April 2010).
The information required to make a valid planning application
mandatory national information requirements specified in the GDPO,
including a design and access statement where one is required;
the standard application form;
information to accompany the application as specified by the local
planning authority on their local list of information requirements.
PPS23 Annex 1: Pollution Control,
Air and Water Quality Planning
• Creates opportunity to use Section 106
Agreements where it is not appropriate to use
planning conditions to address the impact of a
• Planning obligations can be used to improve
air quality and offset the environmental impact
of a development.
PPS 23 continued..
• Planning obligations used for purchase, installation,
operation and maintenance of air quality monitoring
• Any air quality consideration that relates to land use and
its development is capable of being a material planning
• Developments inside an Air Quality Management Area
which result in a deterioration in local air quality may be
a problem, but they could proceed if mitigation
measures are secured. This encourages a range of LES
PPG13 - Transport
• PPG 13 advises Local Authorities to use parking
policies, alongside other planning and transport
measures, to promote sustainable transport
choices and reduce reliance on the car for work
and other journeys.
• The development plan should indicate the likely
nature and scope of contributions that will be
sought from developers towards transport
improvements in particular areas or on particular
Levy (CIL)- from 2008 Planning Act
• Came into effect on 6th April 2010.
• Capital cost payment by developers towards local and
sub-regional infrastructure to support development (to
include, transport, social and environmental
infrastructure, schools and parks).
• L. authorities given powers to levy a charge but not
• LAs allowed to continue to use S.106s.
• Need up to date development plan
• Applies to new floor space.
The explanatory memorandum states under description of
“Planning obligations will continue to exist after the
introduction of CIL, as they can be a useful tool for
mitigating the site-specific impacts of a development
Planning obligations will also continue to be used to
secure affordable housing contributions…
However, made clear that planning obligations would be
scaled back following the introduction of CIL to
encourage CIL to become the primary means of funding
local infrastructure through developer contributions”
Circular 05/05 (being revised but still valid)
• Guidance on use of planning obligations
• 5 tests:
– (relevant to planning - DELETED);
– necessary to make proposal acceptable in planning
– directly related to proposed development;
– fairly & reasonably related in scale and kind to
proposed development; and
– (reasonable in all other respects - DELETED).
• Seeks - high level policies relating to planning
obligations or SPD and formulae and standard charges
Issue of important and relevance to LES:
• PO1 (PO1.1) is the important section and (ii)
and (iii) would apply to LESP requirements:
• (ii) compensate for loss or damage created by a
• (iii) mitigate a development‟s impact.
Development Plan policies
• Required: Core Strategy or Adopted UDP with policies aimed at
environmental protection, which should:
– Encourage environmentally sustainable development
– Protect and improve environment in terms of air and water
quality, reduce impact of pollution, noise, smell, especially from
– Protect areas liable to flood
– Reduce generation of waste and encourage recycling.
– Refer to Air Pollution with aim to ensure that proposals, which
would result in a deterioration in air quality will be resisted
unless mitigation to minimise the impact of air pollutants.
• Development plans should include LES and infrastructure
measures are articulated through Infrastructure Delivery Plans
Local and Strategic Authorities
using LES measures and policies
• Royal Borough of Kensington and Chelsea;
• Sefton Borough Council;
• Sheffield City Council;
• Leeds City Council;
• Mid Devon
• Tunbridge Wells
• South Cambridgeshire
• Oxford and Greater London Authority .
Royal Borough of Kensington and
Chelsea-SPD on Air Quality
The SPD adopted June 2009, which sets out K & C
Council‟s requirements for reducing:
• air pollution emissions from new development, conversions and
changes of use.
• guidance to mitigate impact of new developments and use of
Section 106 agreements
The SPD supplements Unitary Development Plan (UDP) Policies.
Sheffield City Council
• Produced „Air Pollution and Land Use Planning Guide‟
• Protection of air quality in Local Development
• Preparing Low Emissions SPD
• LES agreements in place – electric charging points, low
emission priority parking, euro standards for on-site
• Partnership commitment to Care4air
• Has a Core Strategy
• Developed an Air Quality and Development SPD
• A unique funding formula based on number of
units x vehicle trips with viability factored in
• TRICS methodology is used
• Challenged PINS in High Court and won!
Greater London Authority
(influenced by LES Guidance)
• Electric Vehicle Delivery Plan (May 2009):-
– Work with the boroughs and other partners to deliver 25,000
charge points across London by 2015 –including a network of
fast charge sites;
– electrify public sector vehicle fleet and stimulate wider EV
– deliver 1,000 electric vehicles in the GLA fleet by 2015.
London Plan Revisions;
– will require 20% EV charging for all residential parking spaces
approved through planning applications.
• An SPD will help mitigate the transport impacts on new
development (building on the LES guidance). It should
set out your authority‟s objectives towards delivering
cleaner air and mitigation required from new
developments to deliver improving air quality.
• Purpose of SPD
• Highlight/ amplify existing policies and importance of air
quality as a material planning consideration;
• Identify when low emission strategies and/or emissions
assessments will be required for new developments;
• offer guidance on measures to mitigate potentially
harmful impacts of new developments; and
• on the submission of air quality assessments and when
and where these will be required.
• The SPD will form part of the Local Development
Framework (LDF). It will be a material consideration in
determining planning applications.
• The SPD could also offer guidance on the use of
planning conditions and S106 obligations to improve air
quality. (London Borough of Greenwich)
LESP SPD Template
• The Low Emission Strategies Partnership
has prepared an SPD template, which will
be available to help guide local authorities
when drawing up an SPD.
Greenwich Council’s Approach to
delivering cleaner air
• The Council‟s pioneering work on Low Emission
Zones (LEZs) was borne out of the development
of the Greenwich Peninsula by Meridian Delta
Ltd (MDL). The site of 80 hectares was granted
planning permission for a major mixed use
development. A Low Emission Zone was
secured through the Section 106 legal
Low Emission Zones
Greenwich has secured other LEZs through its work on
Section 106 agreements. These include:
• Royal Arsenal
• Thamesis Point
• Greenwich Reach
Many measures to mitigate the impact of development
have become standard on new schemes
LBG’s S106 Agreement
relating to major food store
• Provision of a car club
• 500 residential spaces annual charge £0 - £300
depending on VED rating of car
• Controls on parking permits and transfers
• Ten electric vehicle charging points within the
residential car park
• 50% of delivery vehicles and 50% Home delivery
vehicles to meet Euro 5 rating by store opening
and to be using bio-fuel. 100% within 5 years
planning obligations (continued):
• To report on the implementation of the Low Emission
Zone measures and targets on store opening and at five
and ten years afterwards
• £16,000 per annum for ten years towards Council‟s
• 10% renewable energy commitment
• BREEAM excellent rating
• CHP plant including community heating
• Use Good Practice Guidance, „Low
Emission Strategies (using the planning
system to reduce transport emissions)‟
launched by the Beacons Low Emission
Strategy Group and now endorsed by
Communities and Local Government
(CLG) and published on Defra Website.
LES issues for consideration!
• Who are the key partners?
Environmental Health and Trading Standards,
Strategic Planning and Legal Services
• Factors for success?
Start negotiations and preparation as early as
• Problems encountered or avoided?
Increase use of standardised approaches to
Examples of Good Practice
• Corporate Working - Establish good working
relationships with colleagues in other departments
• Ensure that engagement starts early in the process,
at pre-application stage or when planning application is
first received and when formulating policies
• When considering head of terms for Section 106 legal
agreements ensure that environmental matters are
covered and liaise with Environmental Health Officers
• Be positive in the approach to securing Section 106
• Emission strategies, secured by planning obligations and
implemented through the land-use planning system,
have potential wider relevance in relation to air quality
management and climate change strategies.
• Implications of CIL for S106 agreements!
• Planning obligations to help fund enforcement
• Relationship with Environmental Impact Assessments );
• Use the Low Emission Strategy Guidance - see
(www.defra.gov.uk or www.lowemissionstrategies.org)
• Spending review
– budget cuts
– resources/staffing levels
– financial downturn
– Royal Wedding!