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Environmental Protection

13.1 Context

13.1.1 Most of the Borough has high environmental quality which needs protecting, and some areas that would benefit from improvements. Therefore protection of the environment through maintaining or enhancing air quality, minimising or reducing nuisance which affects human senses (such as noise and odour), can protect health and safeguard residential amenity.

13.1.2 Whilst there is legislation to control emissions from polluting activities, the planning system has a complementary role in directing the location of development that may give rise to environmental protection problems. This can manifest itself either directly from the development or indirectly; for example, through the impact of potential traffic it generates.

13.1.3 There are two strands to all environmental policy; to ensure new development proposals do not generate issues which unduly impact on the surrounding environment, and to ensure they are not the recipients of existing issues. Similarly it is important that existing lawful uses do not become compromised by virtue of subsequent new development.

13.2 Environmental Protection

13.2.1 Environmental protection policies are linked with Borough Local Plan (BLP) objectives to minimise impact of development on climate change and the environment, and requiring new development to provide environmental improvements. The Borough is committed to protecting existing environmental quality and where possible reducing adverse effects on the local and natural environment as a result of changes in activities or from new development.

13.3 Policy EP1 Environmental Protection

Policy EP 1

Environmental Protection

  1. Development proposals will only be supported where it can be shown that either individually or cumulatively in combination with other schemes, they do not have an unacceptable effect on environmental quality or landscape, both during the construction phase or when completed. Development proposals should also avoid locating sensitive uses such as residential units, schools or hospitals in areas with existing or likely future nuisance, pollution or contamination.
  2. Where appropriate, applicants will be required to submit details of remedial or preventative measures (for example: construction management plans) and any supporting environmental assessments. Planning conditions may be imposed to ensure implementation of any measures that make development proposals acceptable.
  3. Development proposals should seek to conserve, enhance and maintain existing environmental quality in the locality, including areas of ecological value (land and water based), and improve quality where possible, both during construction and upon completion. Opportunities for such improvements should be incorporated at the design stage and through operation.
  4. Residential amenity should not be harmed by reason of noise, smell or other nuisance. Accordingly, care should be taken when siting particular commercial or agricultural proposals such as livestock units, silage storage or slurry pits which should be sited well away from the curtilage of any residential property.

13.4 Air Pollution

13.4.1 Air pollution in the Borough relates mainly to pollutants emitted from road transport sources, together with other pollutants as specified within the UK Air Quality Strategy. Local Authorities have a duty to declare Air Quality Management Areas (AQMAs) and work towards achieving national air quality objectives in areas where residents are exposed to pollutants in excess of the objectives. It is therefore important to ensure that new development proposals, either individually or cumulatively, do not significantly affect residents within existing AQMAs by generating unacceptable levels of pollution.

13.4.2 There are five AQMAs in the Borough:

  • Maidenhead AQMA
  • Bray/M4 AQMA
  • Windsor AQMA
  • Imperial/St Leonards Road Junction AQMA
  • Wraysbury/M25 AQMA

13.4.3 It will be important to ensure that new development is carefully phased so that it does not delay compliance with air quality standards in zones which are currently out of compliance, or cause non-compliance to occur during the period leading up to 2032.

13.4.4 The Defra air quality action planning resource highlights options available relevant to compliance with air quality standards and minimisation of potential impacts on human health – for example, development planning, sustainable travel, vehicle parking, awareness raising, and enabling smarter travel choices.

13.4.5 Further options which could be adopted if required to mitigate impacts on AQMAs:

  • Strategic planning measures, such as a requirement to install electric vehicle charging points in new developments, limitations on car parking, or requirements for “air quality neutral” or low emissions buildings – e.g. through the use of Ground Source Heat Pumps for providing heating and cooling.
  • Traffic management options to reduce the impact of specific groups or types of vehicles on AQMAs
  • Investment in public transport or other alternatives to diesel and petrol fuelled road transportation
  • Using green infrastructure, in particular trees, to absorb dust and other pollutants;

13.5 Policy EP2 Air Pollution

Policy EP 2

Air Pollution

  1. Development proposals will need to demonstrate that they do not significantly affect residents within or adjacent to an Air Quality Management Area (AQMA) or to residents being introduced by the development itself.
  2. Development proposals which may result in significant increases in air pollution must contain appropriate mitigation measures, (such as green infrastructure, sustainable travel, electric vehicle charging parking points, limited vehicle parking, awareness raising, and enabling smarter travel choices) thus reducing the likelihood of health problems for residents.
  3. Development proposals should aim to contribute to conserving and enhancing the natural and local environment, by avoiding putting new or existing occupiers at risk of harm from unacceptable levels of air quality. Development proposals should show how they have had regard to the UK Air Quality Strategy or any successive strategies or guidance, ensuring that pollutant levels do not exceed or come close to exceeding national limit values.
  4. Development proposals should show how they have considered air quality impacts at the earliest stage possible; where appropriate through an air quality impact assessment which should include the cumulative impacts. Where relevant, air quality and transport assessments should be linked to health impact assessments, including any transport related mitigation measures that prove necessary.

13.6 Light Pollution

13.6.1 Many forms of artificial lighting can be beneficial but sometimes the installation of lighting can be intrusive and result in light pollution. 13.7 'Policy EP3 Artificial Light Pollution' sets out a development management approach to dealing with light pollution.

13.6.2 National planning guidance states that through good design and planning policies, the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation can be limited. Light pollution is caused by a number of factors including:

  • sky glow – the orange glow seen around urban areas at night
  • glare – the uncomfortable brightness of a light source when viewed against a dark background
  • light trespass – the spill of light beyond the boundary of property on which the light source is located.

13.6.3 The Institute of Lighting Professionals (ILP) specify environmental zones and corresponding thresholds for exterior lighting control:

Zone

Surrounding

Lighting Environment

Examples

E0

Protected

Dark

United Nations Educational, Scientific and Cultural Organization (UNESCO) Starlight Reserves, International Dark-Sky Association (IDA) Dark Sky Parks

E1

Natural

Intrinsically dark

National Parks, Areas of Outstanding Natural Beauty etc.

E2

Rural

Low district brightness

Village or relatively dark outer suburban locations

E3

Suburban

Medium district brightness

Small town centres or suburban locations

E4

Urban

High district brightness

Town/city centres with high levels of night-time activity

Table 17 : Exterior Lighting Control Environmental Zones

13.6.4 The impact of artificial light pollution in all environments can have a significant effect on the character of the area, particularly in rural areas, making an area seem more urbanised, for example sporting facilities with floodlighting such as equestrian activities or driving ranges at golf courses. It can also intrude on the amenity of local residents or adversely affect the biodiversity of an area. Applicants should address the environmental zone in which the application is proposed and suggest mitigation measures and methodology accordingly.

13.6.5 Reducing light pollution can also be beneficial in making developments more sustainable by using less energy. Light pollution can be substantially reduced, without adversely affecting the purpose of the equipment being installed, through ensuring that light is directed properly through effective shielding, switching off lights when not in use and avoiding ‘over-lighting’.

13.7 Policy EP3 Artificial Light Pollution

Policy EP 3

Artificial Light Pollution

  1. Development proposals should seek to avoid generating artificial light pollution where possible and development proposals for new outdoor lighting schemes that are likely to have a detrimental impact on neighbouring residents, the rural character of an area or biodiversity, should provide effective mitigation measures. Development proposals which involve outdoor lighting must be accompanied by a lighting scheme prepared according to the latest national design guidance and relevant British Standards publications.
  2. Development proposals should seek to replace any existing light installations in order to mitigate or reduce existing light pollution.
  3. The distinction between urban areas and the countryside should be maintained. To determine whether development proposals involving artificial lighting have a detrimental impact, they should be assessed in accordance with the zone in which they are located (E2, E3 or E4) on whether they have the potential to cause harm to the health or quality of life, or to affect biodiversity.
  4. All artificial lighting must be directional and focused with cowlings to reduce light spill into river corridors and other wildlife corridors.
  5. Development proposals should show how they have addressed the environmental zone in which the application is proposed and suggest mitigation measures and methodology accordingly and will also require where appropriate development proposals include landscaping measures to effectively screen lighting installations. The use of overly sensitive ‘movement triggered' lighting will be resisted where it would impact on the amenity of the area.
  6. With particular reference to floodlighting schemes, development proposals should not have an adverse effect on adjacent areas and use suitable methods for data provision, such as an isolux diagram.

13.8 Noise

13.8.1 Noise can affect the local and natural environment and people’s health and quality of life. It is therefore important to ensure that development proposals do not give rise to unacceptable impacts on the existing environment by generating unacceptable levels of noise, either individually or cumulatively and are not the recipients of unacceptable existing levels of noise. There are two different types of noise: neighbourhood noise and environmental noise.

13.8.2 Neighbourhood noise is defined as noise generated within the community, such as construction noise, noise from licensed premises including cooking facilities, industrial noise, air conditioning plants and street noise. Neighbourhood noise is controlled by specific legislation. Environmental noise is defined as transport noise from aircraft, road and rail.

13.8.3 The Borough has mapped its areas where environmental noise is considered to be or is likely to be significant. In effect all developments within 50m of railway lines, within 100m of all A-roads and motorways and (owing to Heathrow Airport operations) within all the wards of Windsor, Datchet, Old Windsor, Horton & Wraysbury, Eton Wick and within 500m of White Waltham airfield will be affected by high levels of environmental noise.

13.9 Policy EP4 Noise

Policy EP 4

Noise

  1. Development proposals should consider the noise and quality of life impact on recipients in existing nearby properties and also the intended new occupiers ensuring they will not be subject to unacceptable harm.
  2. Development proposals that generate unacceptable levels of noise and affect quality of life will not be permitted. Effective mitigation measures will be required where development proposals may generate significant levels of noise (for example from plant and equipment) and may cause or have an adverse impact on neighbouring residents, the rural character of an area or biodiversity.
  3. Development proposals in areas significantly affected by aircraft, road or rail noise will be supported if the applicant can demonstrate via a noise impact assessment, effective mitigation measures.
  4. Development proposals will need to demonstrate how they have met the following internal noise standards for noise sensitive developments:
    1. Internal noise levels within all habitable rooms shall not exceed an average noise level (LAeq) of 35 dB(A) during the daytime measured between 07.00am to 11.00pm
    2. Internal noise levels within all habitable rooms shall not exceed an average noise level (LAeq) of 30 dB(A) during the night – time measured between 11.00pm and 07.00am
    3. Internal noise levels within the bedroom environment shall not exceed a maximum noise level (LAmax) of 45 dB(A) during the night – time measured between 11.00pm and 07.00am
    4. Where feasible, measures shall be taken to ensure the external noise levels as part of the development do not exceed an average noise level (LAeq) of 55 dB(A) during the daytime measured between 07.00am and 11.00pm
    These noise standards will apply unless there are particular specific circumstances that justify some variation to be made in individual cases.
  5. The Council will require noise impact assessments to be submitted in circumstances where development proposals will generate or be affected by unacceptable levels of neighbourhood or environmental noise.

Neighbourhood Noise

  1. Where neighbourhood noise associated with a particular development is likely to cause unacceptable harm to existing or future occupiers, the Council will require applicants to submit a noise assessment.
  2. Development proposals will be expected to demonstrate how exposure to neighbourhood noise will be minimised by the use of sound insulation, silencers, noise limiters, screening from undue noise by natural barriers, man made barriers or other buildings and by restricting certain activities on site.

Environmental noise

  1. Development proposals will need to carry out a noise impact assessment in compliance with BS7445-1: 2003 for development proposals affected by environmental noise, to determine the noise levels that affect the development, and will also need to submit noise insulation and ventilation measures in compliance with BS8233. In addition noise mitigation measures will also need to be adopted to provide some protection of outdoor amenities from excessive noise levels from road and rail noise.

13.10 Contaminated Land and Water

13.10.1 The objective of utilising previously developed land often enables development in the most sustainable locations, but if the land is contaminated it is important that the health and quality of life of existing or future occupiers are not put at risk. Historic activity leaving a contamination legacy can put groundwater resources at risk, both in terms of quality and quantity and such activities include landfill sites, chemical works, petrol stations, effluent from farming practices. Groundwater plays a vital role in the environment, providing drinking water and maintaining river flows. Regard should be had to the Water Framework Direction (WFD) which requires all waterbodies to achieve at least "good ecological classification" by 2027.

13.10.2 Surface water and groundwater can be seriously affected by development and uses occurring within sites, therefore the Borough requires adequate measures to protect the quality of water where appropriate. This is particularly important in groundwater Source Protection Zones (SPZ), which are areas often found around wells, boreholes and springs, identified by the Environment Agency as at risk from potentially polluting activities. Applicants should provide a full assessment of how they plan to achieve the mitigation of any impacts on such sources. SPZs are designated for all groundwater supplies intended for human consumption.

13.10.3 There are several areas across the Borough covered by SPZs; those deemed to be at greatest risk are classified as Zone 1. Areas in the Borough with this classification include but are not limited to: Cookham Rise, Hurley, Maidenhead, Bray and North Datchet.

13.11 Policy EP5 Contaminated Land and Water

Policy EP 5

Contaminated Land and Water

  1. Development proposals will be supported where it can be demonstrated that proposals will not cause unacceptable harm to the quality of groundwater, including Source Protection Zones, and do not have a detrimental effect on the quality of surface water. Development proposals should demonstrate how they will achieve remedial or preventative measures and submit any supporting assessments.
  2. Development proposals on, or near to land which is, or is suspected to be contaminated will be supported where the applicant can demonstrate that there will be no harm arising from the contamination to the health of future users or occupiers of the site or neighbouring land, and that the proposals will not cause unacceptable harm to the environment.
  3. Development proposals will be reviewed under pollutant linkage (source-pathway-receptor) risk assessments which should be represented by a conceptual model for the proposed use. The Council will liaise with the Environment Agency and water companies where appropriate, in relation to measures that affect surface and groundwater.
  4. Development proposals will be supported where it can be demonstrated that adequate and effective remedial measures to remove the potential harm to human health and the environment are successfully mitigated.



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