Planning Guidance and Air Quality

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					Planning Guidance and Air
      Delivering Clean Air:
            Planning Policies
         Section 106 agreements
          Low Emission Zones

           Stephen Merryfield
    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
•   Issues!
 Why have a Low Emission
       Strategy ?
Air Quality:
• “Air pollution…is currently estimated to reduce the life
  expectancy of every person in the UK by an average of
  7-8 months”
  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
    Strategy ?....cont.,
• Most worrying are emissions from vehicles: Particulates,
  Nitrogen Dioxide.
• The smaller the particulate, the further into the lungs it
  will travel, causing potentially more serious damage.
Climate Change:
• 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
        LES beginnings
• 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
  development sites.
• To complement other design and mitigation options
  e.g., travel planning and the provision of public
  transport infrastructure
Planning Policies (under review)
•   PPS1 (consolidated supplement)
•   Development Management Policy Annex
•   PPS23
•   PPG13
•   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
  Changing Climate.
  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
  now inevitable.
  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)
  Development Management
    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
      proposed development.
•     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
  Community Infrastructure
   Levy (CIL)- from 2008 Planning Act
• Came into effect on 6th April 2010.
  in short-
• 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.
               CIL (cont)
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
  S106 Obligations-consultation

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
  development; or
• (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
•   Maidstone
•   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
  Framework (LDF)
• Preparing Low Emissions SPD
• LES agreements in place – electric charging points, low
  emission priority parking, euro standards for on-site
• Partnership commitment to Care4air
            Mid Devon
• 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.
         Developing SPDs
• 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;
                 SPDs (cont)

• 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
  Environmental Monitoring
• 10% renewable energy commitment
• BREEAM excellent rating
• CHP plant including community heating
        LES Guidance
• 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
  Section106 agreements
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
    Issues (Considerations)
• 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
  (environmental health).
• Relationship with Environmental Impact Assessments );
• LTP3
• Use the Low Emission Strategy Guidance - see
  ( or
           and Finally!
Impact of:
• Spending review
  – budget cuts
  – resources/staffing levels
  – financial downturn
  – Royal Wedding!