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7. Environment

7.1 Two of the most pressing challenges to be addressed at all scales in the 21st century are climate change and the loss of biodiversity. Addressing these challenges, as well as supporting development which delivers health and wellbeing benefits for our community lies at the heart of achieving sustainable development. The natural environment plays a key role in meeting these objectives and as such the protection and enhancement of the Borough’s natural environment is fundamental to the success of the Plan and securing a sustainable future for Spelthorne.

7.2 Spelthorne benefits from a diverse natural environment, highly valued by our communities and offering a wide range of benefits; our natural environment plays a key role in making the Borough an attractive place to live and work. Recognising the importance of both protecting the existing natural environment and delivering high quality development which provides further enhancements, the policies within the Plan set out how this will be achieved over the next 15 years.

Green and Blue Infrastructure

7.3 Encompassing more than simply conventional open space, a successfully planned and implemented green and blue infrastructure network provides multiple, multifunctional benefits at all scales and makes a significant contribution to sustainable development.

7.4 Green and blue infrastructure is a strategically planned network of features, including parks, open spaces, playing fields, woodlands, as well as street trees, allotments, private gardens, green roofs and walls and sustainable drainage systems (SuDS), as well as watercourses and other waterbodies

7.5 The benefits of good quality green and blue infrastructure include improving health and wellbeing, air quality, nature recovery and resilience to and mitigation of climate change, along with addressing issues of social inequality and environmental decline.

E1: Green and Blue Infrastructure Development must contribute towards the provision, protection and enhancement of the wider green infrastructure network at a scale commensurate with the proposal. All proposals for major development will be required to provide a high standard of design for green infrastructure in accordance with established, recognisable standards, including the National Design Guide38, the Natural England Green Infrastructure Framework39 and Building with Nature Standards40. Where development is located on or adjacent to a watercourse or reservoir proposals must contribute towards the delivery of a high quality multi-functional blue infrastructure network through ensuring the protection and enhancement of the ecological, landscape and recreational value of that water body. Development proposals impacting upon rivers and watercourses must demonstrate how they will, maintain and enhance the quality of blue infrastructure, in accordance with the Water Framework Directive. Green and blue infrastructure should be planned, designed and managed in an integrated way to achieve multiple benefits and should ensure appropriate long- term stewardship arrangements are in place to secure the quality of green and blue infrastructure in perpetuity41. Development should have regard to and contribute towards any Green and Blue Infrastructure Strategy/SPD that is produced.

Definitions

7.6 Green Infrastructure is defined in the NPPF as ‘a network of multi-functional green and blue spaces and other natural features, urban and rural, which is capable of delivering a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity’⁴²

7.7 Blue Infrastructure is the network of watercourses and other bodies of water including reservoirs, which provide ecological, landscape and recreational value to the Borough. This also includes the banks and corridors immediately along the watercourse which can provide significant biodiversity benefits and play a vital role in ensuring habitat connectivity

Reasoned justification

7.8 All development should contribute towards the provision, improvement, and maintenance of the green infrastructure network across the Borough where appropriate to do so. Whilst the Council will only expect ‘major’ development proposals to be designed in accordance with established, recognised green infrastructure standards, all developments can make a positive impact on the green infrastructure network and proposals will, be expected to make such provision at a scale that is commensurate with the development. Supplementary guidance will set out how development proposals on a large and small scale might assist in enhancing the green infrastructure network

7.9 The Water Framework Directive43 requires rivers and waterbodies in the UK to achieve good ecological status by 2027. This includes resisting the establishment and spread of non-native invasive species which can have a significant detrimental impact on native species. UK domestic law has retained the WFD and requires that River Basin Management Plans (RBMPs) are produced to improve the status of waterbodies. Many of the waterbodies in the Borough support recreational uses which are required to be carried out within tight environmental restrictions and are regulated. Recreational uses are supported provided that they respect the ecological and landscape values of the waterbodies and the associated corridor.

Long Term Stewardship

7.10 Development proposed within this Local Plan will enhance the existing green infrastructure network as well as delivering a diverse range of green and blue infrastructure features. How this provision is delivered and maintained in perpetuity has a direct impact on the quality of a place in the long term.

7.11 Expanding and enhancing the green and blue infrastructure network will provide multiple benefits to the Borough as a whole, however, preserving its quality and condition for the long term requires effective stewardship. Planning for long term stewardship of community assets, including its financing and governance structure must be considered from the outset if a successful and sustainable outcome is to be achieved.

7.12 In the past it was common for the Council, together with its partners to adopt and manage new community assets (including the green and blue infrastructure and other community facilities) which were delivered through development. However, in light of ever-increasing public sector financial constraints and the ongoing pressures on the Council’s resources this model of long-term stewardship is no longer the preferred option of the Council in the majority of circumstances.

7.13 With a broad range of stewardship models and funding opportunities available, it is not possible to adopt a ‘one size fits all’ approach. The most appropriate stewardship option for a development will vary depending on the scale, location and community assets provided and must be agreed on a case-by-case basis. Community stewardship models are encouraged and will be supported.

7.14 Nevertheless, the Council recognises that a community stewardship model requires sufficient level of development to create a natural community focus or where there is adequate scale of on-site community assets to manage. In circumstances where the scale of development is not sufficient to support a community management stewardship model, a private management company solution may be considered acceptable. Where this is the case, proposals will need to demonstrate that the private management company proposed will:

• be run in a way that ensures residents have and retain a key governance role,
  
• maintain openness and transparency,
  
• be focused on the local development and the maintenance of the environment in the longer term with surpluses reinvested for such purpose,
  
• provide a quality service at a reasonable cost over the longer term,
  
• allow for residents to take control in the longer term should this be their ambition.

Sustainability Appraisal Indicators

Monitoring Indicators

Key Evidence

• Biodiversity Opportunity Areas: the basis for realising Surrey’s ecological network (Surrey Nature Partnership, 2015)
• Water Framework Directive (2000)
• Environment Act 2021
• Green Infrastructure Framework – Principles and Standards for England (Natural England, 2021)

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E2: Biodiversity The Council will support development proposals which restore, maintain and enhance habitat connectivity and will seek opportunities for habitat creation particularly within Biodiversity Opportunity Areas. Development proposals will be expected to contribute to biodiversity through clearly demonstrating improvements when submitting a planning application as part of securing biodiversity net-gain. Development on or adjacent to the following designated sites in the Borough will need to have reference to this Policy: Ramsar sites (International). Special Protection Areas (European). Sites of Special Scientific Interest and National Nature Reserves (National). Ancient Woodland, ancient or veteran trees; and/or trees and hedgerows protected by a Tree Preservation Order. Sites of Nature Conservation Importance, Local Nature Reserves (Local) Other priority habitats and priority species not identified above (Local); designated Local Green Space where richness of wildlife has been identified as a contributing factor in its designation; and any area in Spelthorne that may be identified in a Local Nature Recovery Strategy; trees considered to make a significant contribution to their surroundings, individually or as a group. The Council will maintain Sites of Nature Conservation Importance as shown on the Policies Map and will only permit development proposals within these sites, where there will be no adverse effect, either directly or indirectly on their ecological interest and this has been clearly demonstrated through use of appropriate assessment. For development proposals that affect national, regional or locally protected sites not forming part of a Ramsar or SPA, (such as SSSIs, SNCIs, LNRs) permission will only be granted where it can be demonstrated that the benefits of the development proposed clearly outweigh the decrease in the nature conservation value of the site and that: any such decrease has been kept to a minimum, mitigation or compensation to provide for species protection and/or habitat creation or enhancement has been made within the area, and appropriate measures to monitor the effectiveness of the mitigation have been established. Biodiversity Net Gain The Council will seek net gains in biodiversity, through creation or expansion, restoration, enhancement and management of habitats and features to improve the status of priority habitats and species. All development44 will be expected to provide at least 10% net gain. Major development should calculate this through the most up-to date version of the Biodiversity Metric (or its equivalent). For development of nine dwellings or less, the latest small sites metric (or its equivalent) should be used to calculate net gain. The Council will expect developers to demonstrate full consideration of a variety of means in improving biodiversity within developments including, but not limited to, the use of innovative approaches where appropriate such as: the installation of bee bricks, use of bird nest boxes, incorporation of green roofs and living walls Development proposals should demonstrate clearly how net gain will be achieved and this should be in accordance with any Supplementary Planning Document and/or additional guidance as produced by the Council. Biodiversity net gain should be delivered using the following hierarchy: On site as part of the development; Where on-site delivery is not feasible then this should be provided on land adjacent to, or as close to the development site, as possible; As a last resort, net gain should be secured on land within the Borough boundary Waterbodies in the Borough Where development is proposed on or adjacent to any waterbodies in the Borough, reference should be made to the following: Development proposals not directly related to the management of Ramsar, and SPA, as well as SSSI units forming part of these designations will not be permitted unless it can be demonstrated that the impact of proposals, either alone or in combination, will not result in likely significant effects. If significant adverse effects remain even with the implementation of suitable avoidance and/or mitigation, development proposals will need to demonstrate that alternatives to the proposal have been fully explored. Development proposals on, or impacting non-SPA relevant sites which support the wider SPA network, will not be permitted unless it can be demonstrated that the impact of the proposals; either alone or in combination, will not result in likely significant effects.

Definitions

7.15 Biodiversity Opportunity Areas (BOAs) are identified as the most important areas for biodiversity in the Borough. BOAs represent the basis for an ecological network where improved habitat management as well as efforts to restore and create habitats will be most effective in enhancing connectivity to benefit species recovery.

7.16 Biodiversity Net Gain (BNG) is an approach to development, and/or land management, that aims to leave the natural environment in a measurably better state than it was beforehand.

Reasoned justification

7.17 Biodiversity is a means of quantifying the natural environment, which surrounds us everywhere, and is connected to many aspects of everyday life. Biodiversity can be described as the richness and variety of living things which exist in a given area. Biodiversity and geodiversity (the diversity of geological sites) is not just confined to identified and protected sites.

7.18 Over the past half a century, there have been significant declines in several species, which has resulted in many cases of local extinction, linked largely to loss of habitat. The causative factors behind this loss of natural habitat and species include climate change, the expansion of the built environment and the way important habitats are managed. It is therefore important to conserve and enhance natural habitats, which are key to protecting individual species and, in turn, to achieving sustainable development as well as ensuring that when development does come forward it minimises its impacts as fully as possible and provides opportunities to achieve net gains in biodiversity.

7.19 There are a number of protective designations within the Borough that are of international, national and local significance. These designations include four SSSI with a further SSSI, which include the Wraysbury reservoir network to the north, Staines Moor and Shortwood Common. Additionally, these reservoirs are also identified as Special Protection Ares and Ramsar sites as part of the South West London Waterbodies (SWLWB) network which also includes sites outside the Borough. These networks are crucial for migrating and over-wintering birds. As part of this, Spelthorne has a number of non-SPA relevant sites, primarily waterbodies, which support the SWLWB network and provide refuge for many species. There are also 26 local SNCI spread across Spelthorne, along with two Local Nature Reserves and an area of ancient woodland.

7.20 Paragraph 179 of the Framework sets out that local plan policies should identify, map and safeguard components of local wildlife-rich habitats and wider ecological networks. Spelthorne has a number of international, national and locally designated biodiversity sites which justify protection.

7.21 Biodiversity net-gain is an approach which aims to leave the natural environment in a measurably better state than beforehand. This approach has been included as part of the Environment Act 2021 which stipulates that net gain should be mandatory by November 2023. Biodiversity net gain will be sought on sites where existing green assets can be improved or enhanced or where these are lost, such as on greenfield sites, proposed development will provide significant replacements.

7.22 Development proposals should refer to any relevant Supplementary Planning Documents or Action Plans that are produced by the Council which guide on biodiversity net gain for planning applications.

7.23 BOAs are key areas where priority habitat can be created, improved or restored and there are two significant areas identified in Spelthorne where opportunities for restoration and creation of habitats exist:

• Staines Moor to Shortwood Common (TV03)
• Shepperton to Thorpe⁴⁵ (TV04)
  

7.24 As such, this justifies the inclusion of a policy to seek to achieve these objectives where possible.

Sustainability Appraisal Indicators

Monitoring Indicators

Key Evidence

• Biodiversity Opportunity Areas: the basis for realising Surrey’s ecological network (Surrey Nature Partnership, 2015)
• Water Framework Directive (2000)
• Environment Act (2021)
• Biodiversity net gain: updating planning requirements (Department for Environment, Food and Rural Affairs)

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E3: Managing Flood Risk Flood zones in Spelthorne Borough are determined by definitions contained within national planning practice guidance and the Council’s Strategic Flood Risk Assessment (Level 1). To reduce the overall and local flood risk and manage water resources development must be located, designed and laid out to ensure that it I safe, the risk from flooding is minimised (whilst not increasing flooding risk elsewhere) and that residual risks ae safely managed. New development will be guided to areas of lowest flood risk from all sources of flooding through the application of the sequential test46. Where individual sites contain different flood zones, the layout of the site will be expected to minimise flood risk. The exception test will continue to be applied where national planning policy advises that this is necessary. All development proposals47 are required to demonstrate that land drainage will be adequate and that they will not result in an increase in surface water run-off. The Council will expect incorporating SuDs (Sustainable Drainage Systems) to manage surface water drainage, unless it can be demonstrated that they are not appropriate. Development in Flood Zones 2 and 3a48 and on a dry island49 will be permitted provided that: the vulnerability of the proposed use is appropriate for the level of flood risk on the site (see table below); the proposal passes the sequential and exception test (where required) as outlined in the NPPF and guidance; a site-specific flood risk assessment demonstrates that the development, including will be safe for its lifetime (taking into account climate change) without increasing flooding elsewhere, and will, where possible, reduce flood risk overall; safe access and egress50 is demonstrated for residential development of one or more net additional units;51 the scheme incorporates flood protection, flood resilience and resistance measures appropriate to the character of the area and; applications include appropriate flood warning and evacuation52 and site drainage systems take account of storm events and flood risk of up to 1 in 100 year event with an appropriate allowance for climate change. applications must be supported by Flood Risk Assessments where appropriate that demonstrate the development will be safe, not increase flood risk elsewhere, and maximise opportunities to reduce flood risk. 1 in 20 year – Flood Zone 3b Within the 1 in 20 year53 (5% AEP) extent; the provision of essential infrastructure will be supported but in principle the land should remain undeveloped to maintain flood storage capacity and not impede the flow of flood water. development vulnerability should be reduced and change of use to a higher vulnerability classification will not be permitted; extensions or re-development of buildings may be considered, subject to the following: the footprint of the building should be reduced where possible and should not be increased, finished floor levels should be raised where possible; surface water runoff rates and volumes from the site should be reduced; floodplain storage capacity should be increased and space created for flooding to occur by restoring functional floodplain; impedance to floodwater flow should be reduced; flood resistance and resilience measures be incorporated and; inclusion of measures to ensure development remains safe for users in time of flood54. Schemes which deliver a betterment will be supported, subject to consultation with the Environment Agency where required and meeting other policy requirements of the Plan. Within the 1 in 20 year (5% AEP) extent basements, basement extensions, conversions of basements to a higher vulnerability classification are not permitted. Basement car parks (or similar development) which are designed to allow the inflow and egress of flood water may be permitted River Thames Scheme The Council supports proposals for strategic flood relief measures, including the proposed flood channel through the Borough as part of the River Thames Scheme. The proposed route of the channel and the land adjacent to it, as shown on the Policies Map will be safeguarded for this purpose55.

Definitions

7.25 Flood Zones in Spelthorne are based on definitions contained within National Planning Practice Guidance and the Council’s Strategic Flood Risk Assessment (Level 1).

• Flood resistance: Flood-resistant construction can prevent entry of water or minimise the amount that may enter a building where there is short duration flooding outside with water depths of 0.6 metres or less. This form of construction should be used with caution and accompanied by resilience measures, as effective flood exclusion may depend on occupiers ensuring some elements, such as barriers to doorways are put in place and maintained in a good state.
  
• Flood resilience: Flood-resilient buildings are designed and constructed to reduce the impact of flood water entering the building so that no permanent damage is caused, structural integrity is maintained, and drying and cleaning is easier and the building can be re-occupied more quickly.

7.26 Planning Practice Guidance states that flood resistance and resilience measures should not be used to justify development in inappropriate locations.

Flood Zones

Flood Zone	Definition
Zone 1 Low Probability	Land having a less than 1 in 1,000 annual probability of river or sea flooding. (Shown as ‘clear’ on the Flood Map – all land outside Zones 2 and 3)
Zone 2 Medium Probability	Land having between a 1 in 100 and 1 in 1,000 annual probability of river flooding; or land having between a 1 in 200 and 1 in 1,000 annual probability of sea flooding.
Zone 3a High Probability	Land having a 1 in 100 or greater annual probability of river flooding; or land having a 1 in 200 or greater annual probability of sea flooding.
Zone 3b The Functional Floodplain	This zone comprises land where water has to flow or be stored in times of flood. Local planning authorities should identify in their Strategic Flood Risk Assessments areas of functional floodplain and its boundaries accordingly, in agreement with the Environment Agency.

7.27 Note: The Flood Zones shown on the Environment Agency’s Flood Map for Planning (Rivers and Sea) available on the Environment Agency’s website, do not take account of the possible impacts of climate change and consequent changes in the future probability of flooding. Reference should therefore also be made to the Strategic Flood Risk Assessment when considering location and potential future flood risks to developments and land uses.

Flood Zone 3b Functional Floodplain

7.28 The definition of Flood Zone 3b Functional Floodplain for Spelthorne Borough Council includes all buildings which have not been designed to exclude floodwater and do not resist water ingress, such as garages and warehouses, as well as roads, other linear features and other areas for car parking or recreational use which may provide important flow routes and flood storage functionality.

Flood Risk Vulnerability and Flood Zone ‘Compatibility’ (Source: PPG)

Reasoned Justification

7.29 In Spelthorne there are areas within the 1 in 20 (5%) or greater flood extent that are already developed and are prevented from flooding by the presence of existing infrastructure or solid buildings. Whilst these areas may be subject to frequent flooding, it may not be practical to refuse all future development. As such, and in accordance with the PPG, in some instances the Council will consider existing building footprints, where they can be demonstrated to exclude floodwater, not to be defined as Flood Zone 3b Functional Floodplain.

7.30 The approach the Council will take to development within the 1 in 20 year (5%) flood outline recognises the importance of pragmatic planning solutions that will not unnecessarily ‘blight’ areas of existing development, the importance of the undeveloped land surrounding them and the potential opportunities to reinstate areas which can operate as functional floodplain through redevelopment to provide space for floodwater and reduce risk to new and existing development.

7.31 The consideration of whether a building resists water ingress will be considered on a case-by-case basis as part of the planning application process, having regard to the presence of existing buildings on the site and the existing routing of floodwater through the site during times of flooding.

Sustainability Appraisal Indicators

Monitoring Indicators

Indicator	Target	Data Source
Number of planning decisions, including appeals, granting permission not in accordance with Policy E2	No planning permissions that are not in accordance with Policy E2	In house monitoring

Key Evidence

• Local Flood Risk Management Strategy (Surrey County Council, 2014)
• Draft Strategic Flood Risk Assessment (Spelthorne Borough Council, 20
• Spelthorne Water Cycle Study (Spelthorne Borough Council, 2019)

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E4: Environmental Protection Air Quality The Council will seek to protect and improve the Borough’s air quality and work towards meeting the World Health Organisation Air Quality Guidelines by ensuring all development proposals prevent further deterioration of existing poor air quality and are “air quality neutral” as far as reasonably practicable. An applicant will be required to submit an air quality assessment for development proposals where development: is in an Air Quality Management Area (AQMA), or is predicted to impact pollutant levels within an AQMA and generates significant levels of pollution, or increases traffic volumes or congestion, or is for non-residential uses of 1000 sqm or greater, or is for 10 or more dwellings, or involves development sensitive to poor air quality or introduces a potentially significant point source of air pollutant emissions or alters the emissions of an existing point source. Applicants are strongly encouraged to avoid the introduction of a point source by utilising technology such as Air Source Heat Pumps (ASHP). Where a development proposal introduces a point source, for example a Combined Heat and Power (CHP) unit, the Air Quality Assessment should demonstrate the necessity of the proposed equipment. For development proposals that could potentially cause, exacerbate or introduce new exposure to poor air quality, mitigation and compensation measures should be incorporated. Mitigation is required to ensure that all major developments are sustainable from an air quality perspective and for the protection of public health. Where on site measures alone are not possible or are insufficient to reduce the impact on air quality, applicants should consider the scope for mitigating the impact by contributing to funding of other initiatives that improve air quality. Planning permission will not be granted for proposals where adverse effects on air quality for existing receptors and/or future occupiers are of a significant scale, either individually or in combination with other proposals and/or the effects cannot be appropriately and effectively mitigated. Water Quality The Council will ensure all development located near ground and surface water have the appropriate measures in place to mitigate any adverse impact on water quality and water features. Planning permission will not be granted for developments which do not demonstrate the incorporation of water efficiency measures such as water recycling and collection features. Wherever practical, Sustainable Drainage System (SuDS) should be incorporated to minimise the discharge of surface water to the sewer system. Noise The Council will seek to protect and improve local noise conditions as far as reasonably practicable. The Council will ensure that development proposals that may generate unacceptable noise or be unreasonably impacted by noise sources incorporate appropriate attenuation measures to minimise the effects on new and existing residents. The adverse impacts of noise are to be reduced to acceptable levels through good design, layout and orientation of sites and buildings, and adequate noise insulation. In residential areas close to the airport, only one-for-one replacement of existing housing will be allowed within the 66Leq and above noise contour. The Council will require an acoustic report to accompany an application for development proposals that may be sensitive to noise sources, or might cause unacceptable noise for residents, businesses or the environment. Planning permission will be refused where the impact of noise cannot be mitigated to an acceptable level. Light This policy seeks to minimise the adverse impact from light pollution on the environment. It promotes the use of measures to minimise the adverse impact of lighting on surrounding areas. Applicants developing proposals for lighting will be required to assess the impact of the lighting scheme and demonstrate there are no unacceptable adverse impacts. The Council will require developments that may result in light pollution to incorporate appropriate design and energy saving measures in order to minimise the potential for light pollution. Planning permission will not be granted for light generating development proposals that may have an adverse impact on residential developments, amenity, wildlife, biodiversity and highway safety. The Council will require a lighting impact assessment to accompany an application for development proposals that may cause unacceptable light pollution for residents, businesses or the environment. Development of Land Affected by Contamination The Council will ensure that where development is proposed on land that may be affected by contamination, the applicant must undertake appropriate risk assessment and if necessary, remediation to ensure the development is safe or will be made safe for its intended use. Through the incorporation of mitigation measures, treatment to reduce contamination or remove pollutant pathways and soil/ground gas/groundwater remediation initiatives, receptors exposure to land contamination will be minimised. The Council will: Require development proposals to be accompanied by an assessment of risk from contamination where the development is on or adjacent to previous industrial uses or other land known to be affected by contamination, or in all cases where the proposal is for new housing or other forms of development which are particularly sensitive to contamination. Impose conditions on planning permissions requiring appropriate investigation and remediation of contamination before development can proceed. Require applicants to demonstrate the investigation and remediation of contamination has been carried out appropriately to a standard sufficient to enable the development to be safely occupied. Planning permission will not be granted for proposals where the risk to existing receptors and/or future occupiers from land contamination is unacceptable and cannot be appropriately and effectively mitigated

Definitions

7.32 Air Quality Management Area (AQMA): The area within the Borough where the national air quality objectives⁵⁶ are not likely to be achieved, as declared to Defra. Spelthorne currently has a Borough wide AQMA for nitrogen dioxide.

7.33 Point sources of air pollutant emissions: Point sources of air pollutant emissions are stationary locations from which pollutants are discharged such as a chimney or flue. Examples include centralised boilers and Combined Heat and Power units.

7.34 Land affected by contamination: The terminology within policy E3 refers to land affected by contamination which is reflected in Government guidance⁵⁷. “Land affected by contamination” or “land contamination”, are used to describe the much broader categories of land where contaminants are present but usually not at a sufficient level of risk to be contaminated land⁵⁸. As such, the Council/planning regime will require development of land affected contamination to follow a higher standard of remediation which is in line with best practice guidance from government. Government guidance states that organisations must use other regimes above Part 2A where contaminants are present to resolve land contamination. After carrying out the development and commencement of its use, the land should at a minimum not be capable of being determined as contaminated land under Part 2A of the EPA 1990 (NPPF 2021, paragraph 183b), and must be deemed suitable for use in line with best practice guidance.

7.35 The other term “contaminated land” has a specific legal definition under Part 2A Section 78A (2) of the Environmental Protection Act (EPA)1990. The thresholds for contamination are less stringent under Part 2A standards than under best practice guidance that is applied through planning regime.

Reasoned Justification

7.36 National policy states that planning policies and decisions should contribute to and enhance the natural and local environment by preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate (NPPF 2021, paragraph 174).

7.37 Whilst some polluting activities are controlled through legislation, the planning system has a complementary role in directing the location of development that may give rise to pollution where a separate pollution control regime does not apply, both pollution directly generated from the development or indirectly, for example through the traffic a development generates. The NPPF 2021 is clear that the impact of pollution is a material planning consideration.

7.38 National policy requires planning policies and decisions to take into account the likely cumulative effects of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development (NPPF 2021, paragraph 185 and 186).

Air Quality

7.39 Air Quality is an important environmental issue for Spelthorne. The Council’s Air Quality Action Plan designates the whole Borough as an Air Quality Management Area (AQMA). This reflects that the whole Borough has a particular need to improve air quality therefore the Council will ensure that any new development in the Borough is consistent with the local Air Quality Action Plan and the requirements of national policy for planning decisions to sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking into account the AQMA and cumulative impacts (NPPF 2021, paragraph 186).

7.40 Road traffic has been identified as the biggest single contributor to poor air quality in Spelthorne and results in other adverse environmental and health effects. Transport modelling and highways data suggest that the main road corridors are the worst affected areas. Some areas in the Borough with poor air quality where nitrogen dioxide (NO2) concentrations are in excess of national standards remain notably alongside the A308 at Sunbury Cross and the A30 at the Crooked Billet roundabout. The level of particulates (known as PM10 and PM2.5) is also a concern adjoining the M25 and Heathrow Airport.

7.41 Like every other authority, the Council has a statutory duty to work towards the Government’s air quality standards. What is worthy of note is that, though the Council has little or no influence over traffic, there is scope to reduce reliance on cars and trips that have origins or destinations within Spelthorne to ensure that air quality impacts are kept to a minimum. The Council with other stakeholders, will develop and implement a strategy to decrease the reliance on cars, promote sustainable modes of transport and reduce congestion and environmental impacts. The Council will ensure that there are mechanisms such as additional Air Quality monitoring stations in the Borough to capture current levels and to assist in managing air quality improvements. Also, the Council will require an ‘air quality assessment’ to be undertaken where the development proposed meets the criteria given in Policy E3. National policy requires that the Council to take into account the impacts of particulate levels with regard to public health, developments meeting the criteria for an air quality assessment should ensure that the impacts of particulate emissions (both PM10 and PM2.5) are considered within the assessment alongside the impacts of NO2. Where an air quality assessment is required the impacts of the construction, demolition and earthworks process and the impacts of construction traffic upon local air quality should also be assessed in line with best practice guidance to ensure that any significant effects are appropriately mitigated against, for the prevention of pollution.

7.42 Individual developments are often shown to have a very small air quality impact. The cumulative impact of many individual schemes, deemed insignificant in themselves, can contribute to a ‘creeping baseline’. Therefore, good practice to reduce emissions and exposure should be incorporated into all developments* at the outset, at a scale commensurate with the emissions. Consideration of air quality neutrality should focus on both NOx, and PM10 emissions, the energy sources used within buildings and emissions from the vehicles associated with use of the development. Mitigation measures to reduce emissions may be applied on-site or off-site however the exposure of residents to poor air quality my still result in refusal without sufficient mitigation in order to protect public health.

7.43 In many cases, the impact of the development being assessed will have a cumulative effect with other planned developments, which may or may not have planning permission. Where these developments have been granted planning permission and are therefore ‘committed’ developments, their impacts should be assessed cumulatively with those of the application site and incorporating traffic growth predictions on the highway network. The contribution of these committed developments should be accounted for in the ‘future baseline’, provided that their contributions can be quantified. It is difficult to include other planning applications yet to be determined, as the outcome is not certain – the number and type of traffic movements may not be quantifiable, and the site layout and end users may be unknown. Circumstances with scenario assessment for proposed development without planning permission will be rare.

7.44 In some circumstances, there will be an existing permission for development on the site that has not yet been exercised. In the planning system, the estimated emissions from the existing permission could be considered as part of the future baseline and thus a revised application for the site would give rise to an incremental change emission from that associated with the extant permission. The Council’s approach, in line with best practice guidance, is that impacts be assessed for the new permission sought against the current baseline for the site, disregarding the extant permission; this will reflect the ‘real world’ increase experienced by receptors.

Water quality

7.45 The Borough’s surface and ground water resources are extremely important for a range of uses and consumers including domestic, commercial, industrial and agricultural. The water industry is a major user of land in the Borough with four large reservoirs: the Queen Mary, Wraysbury, King George VI, Staines North and Staines, and treatment works at Ashford.

7.46 Due to the Borough’s proximity to the River Thames, a significant area is at risk from flooding, with Staines and Shepperton being the worst affected areas. Also, the Borough’s ground water is particularly susceptible to pollution from contaminated run- off, storm sewerage and misconnections of sewerage to surface water drains. As such, there is the need for practical measures to be taken to protect, restore and enhance the quality of the Borough water resources and its water features without compromising sustainable development.

7.47 Therefore, the Council in conjunction with the Environment Agency will seek to resist any development proposal that threatens water quality but will support initiatives that result in improving water quality and the capacity of surface water to support wildlife. As stipulated in the European Water Framework Directive, the Council will also ensure that the Borough’s waterbodies achieve good ecological status and protection for drinking water sources and protected sites such as Sites of Specific Scientific Interest.

7.48 The possibility of adverse impacts on water quality and the impact of any possible discharge of effluent or leachates which may pose a threat to surface or underground water resources directly or indirectly through surrounding soils depends on the nature and scale of the development proposed as well as the local topography, the size and sensitivity of the water body. Therefore, risks to water quality will need to be considered on a case-by-case basis and in consultation with the Environment Agency where a development could impact upon groundwater sources and water quality.

Noise

7.49 Some parts of the Borough suffer from high levels of noise, particularly due to Heathrow Airport and road traffic. There are also high noise levels close to the motorways, trunk roads and other major roads such as the A308. Where noise sensitive development, including housing and schools, are proposed in these areas sound attenuation measures will be required to ensure an acceptable environment is created for residents of the development. Applicants should seek advice from the Council’s Environmental Health team to ensure that the need for assessments and the appropriate level of detail is established at an early stage. The extent of aircraft noise from Heathrow is indicated by noise contours which are shown on the Policies Map.

7.50 Noise sensitive uses proposed in areas that are exposed to noise from existing or planned industrial or commercial sources, will only be permitted where future users will not be exposed to an unacceptable noise impact that would result in creation of a statutory nuisance. Noise generating development will be permitted where it can be demonstrated that any nearby noise sensitive uses (as existing or with planning permission), will not be exposed to noise impact that will adversely affect the amenity of users of surrounding noise sensitive premises. In urban areas the density of industrial plant and air handling units (including kitchen extracts, air-conditioning units and refrigeration plant) has a cumulative effect of increasing the overall background noise level. To prevent this level continually increasing to the detriment of the local residential amenity in those locations there will be an expectation that all new noise sources would operate at a Rating Level (BS4142) of 10dB below the background noise level measured as a LA90.

7.51 Noise pollution from Heathrow Airport is of particular concern to the Council as the airport is close to major built up areas which means a large number of people in the Borough suffer noise disturbance from aircraft using the airport. Approximately, 300,000 people are affected by aircraft noise from Heathrow as defined by the 57Leq noise contour. In Spelthorne the worst affected areas are in the north of the Borough in Stanwell and Stanwell Moor.

7.52 The phasing out of noisier aircraft has led to some reduction in noise disturbance but the potential gains have not been fully realised because of a continuing upward trend in the total number of aircraft movements. Night flights are also a potential source of great disturbance to communities. The Council will continue to support controls on night flying that achieve a progressive improvement in the night noise climate, including a limit on the total number of night flights. The Council also supports the retention of noise preferential routes, aimed at ensuring flights are concentrated over more sparsely populated areas, and the maintenance of controls that limit ground noise at the airport.

Light Pollution

7.53 National policy requires planning policies and decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation (NPPF, paragraph 185, c).

Development of Land Affected by Contamination

7.54 This policy seeks to ensure land which is likely to be affected by contamination is safely developed and is suitable for the proposed use.

7.55 Less stringent pollution control and less careful site management in the past has led to a substantial legacy of sites that may be subject to contamination by former land uses. In particular, large areas of the Borough have been worked for minerals and the land subsequently filled. Although much of this activity has been on land within the Green Belt, many old sites are now occupied by, or are close to housing and commercial developments. These pits were filled long before any controls existed on waste disposal and, together with former industrial sites, now present a range of unknown contamination issues which need to be addressed. Contaminants may also be present on land where there are no specific records of contaminating uses, such as in made ground where unsuitable fill has been used. The Council’s principal mechanism for dealing with land affected by contamination is to ensure that land is fit for purpose when being redeveloped through the planning system. This is the most cost effective and sustainable way forward.

7.56 A fundamental principle of sustainable development is that the condition of land, its use and its development should be protected from potential hazards. Failing to deal adequately with contamination could cause harm to human health, property and the wider environment. Where development is proposed, the developer is responsible for ensuring that development is safe and suitable for use for the purpose for which it is intended. A potential developer will need to satisfy the Council that unacceptable risk from contamination will be successfully addressed through remediation without undue environmental impact during and following the development. The developer is also responsible for ensuring submission of adequate site investigation information and comprehensive risk assessment, prepared by a competent and Suitably Qualified Person (SQP) (whom holds a recognised and relevant qualification) with demonstrable experience in the assessment and remediation of contaminated land).

7.57 Failure to provide sufficient information, according with best practice guidance, may result in permission being refused and/or is likely to result in delays in clearance of planning conditions and unnecessary cost implications. Prior to implementation of remediation, a remediation method statement will be required to be agreed with the Council. Following any remediation evidence must be provided demonstrating that remediation has been carried out in accordance with the agreed remediation strategy (with full justification if any deviations from the strategy (that have not been agreed) have been made and that the site is suitable for the proposed use.

7.58 As a minimum, after carrying out the development and commencement of its use, the land should not be capable of being determined as contaminated land under Part IIA of the EPA 1990 (NPPF, para 183b), and must be deemed suitable for use in line with best practice guidance.

Sustainability Appraisal Indicators

Monitoring Indicators

Key Evidence

• Air Quality Action Plan 2005
  
• Air Quality Annual Status Report 2020
  
• Contaminated Land Inspection Strategy 2017
  

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E5: Open Space and Recreation Existing Open Space The Council will seek to protect, maintain and enhance existing open spaces and areas for recreation and encourage quality and accessibility improvements. Priority will be given to areas where specific deficiencies in access or quality have been identified. The Council will not permit the loss or displacement of existing open space to other uses unless it can be demonstrated, through up-to-date and robust evidence, that: There is a proven surplus of provision and the site is no longer needed, or is unlikely to be required in the future; or The benefit of the development to the community outweighs the harm caused by the loss of the facility; or An alternative facility of an equal quantity and quality or higher standard will be provided in at least an equally convenient and accessible location to serve the same local community. Provision of new open space and financial contributions Proposals for new residential development will be expected to make on-site provision for open space, having regard to the standards as set out in the most up-to-date Open Space Assessment. The Council will negotiate on site-by-site basis the typology of any open space provision. Proposals delivering on-site provision will ensure appropriate long-term stewardship arrangements are in place to secure the quality of the open space in perpetuity59. The Council will consider an off-site financial contribution to improve the quality of existing Council owned open spaces within a reasonable proximity to that development site where: it is demonstrated that it is not feasible or viable to incorporate on-site provision of open space; or where the evidence indicates a demonstrable need for improvements to the quality of existing provision, as highlighted by the most up to date Open Space Assessment and/or other relevant documents. Proposals for new open space delivered separately from development should be firstly directed to areas where there are deficiencies of such space as identified within the most up-to-date Open Space Assessment and Playing Pitch Strategy and/or other relevant documents. Local Green Space The Council will give protection to spaces designated as Local Green Space and development will only be permitted where very special circumstances can be demonstrated which outweigh the harm.

Definitions

7.59 Open Space is defined as all types of spaces, including areas of water such as rivers, lakes and reservoirs, which provide areas for sport and recreation and can act as amenity value. This includes, but is not limited to, playing pitches and fields, recreation grounds, parks and gardens, allotments and natural spaces such as common land.

7.60 The Open Space Assessment provides a qualitative and quantitative audit of publicly accessible open space in the Borough. This assessment (or any successor document) should be used as the starting point when considering open space requirements for new developments. The Playing Pitch Strategy will provide a robust and up-to-date assessment of the need for playing pitches in Spelthorne as well as identifying opportunities for new provision.

Reasoned Justification

7.61 Open Space is important due to the positive contribution it makes to the character of settlements and health and social well-being.

7.62 Open Space forms the basis of the Borough’s green infrastructure network supporting residents and other users. Therefore, it is considered that cumulatively, these spaces form valued assets of strategic importance which should be protected as a priority. Open spaces within urban areas provide relief from the urban environment for residents. Urban open spaces also provide breaks in the built environment. Policy E5 identifies all open space within urban areas as open space for the purposes of this policy and the protection afforded to these.

7.63 The NPPF in paragraph 98 states that access to a network of high-quality open spaces and opportunities for sport and physical activity is important for the health and well-being of communities and can deliver wider benefits for nature and support efforts to address climate change. Planning policies should be based on robust and up-to-date assessments of the need for open space, sport and recreation facilities and opportunities for new provision.

7.64 Given the importance of these spaces, there is justifiable reason for the inclusion of a policy which seeks to protect existing provision as a minimum and ensure provision of spaces in which there are identified deficiencies over the plan period.

7.65 The NPPF allows for the designation of land as Local Green Space (LGS) through the preparation of the Local Plan. The designation is suitable for spaces of particular local significance or have community value. The Council has undertaken an assessment to identify potential Local Green Space (LGS) in consultation with the local community.

7.66 By designating as LGS spaces will be protected from development in a manner which is consistent with Green Belt policy. Open spaces which do not meet the requirements of the LGS designation will be protected through Policy E5. Those spaces designated as LGS are shown on the Policies Map and are listed within the Local Green Space – review of sites.

Sustainability Appraisal Indicators

Monitoring Indicators

Indicator	Target	Data Source
Quantity of open space	No loss of open space, identified deficiencies met by end of plan period	Planning applications and appeals Open Space Assessment and Playing Pitch Strategy
Quality of open space	Identified deficiencies met by end of plan period	Open Space Assessment and Playing Pitch Strategy

Key Evidence

• Open Space Assessment (2019)
• Playing Pitch Strategy (2019)
• Local Green Space Assessment Methodology (2019)
• Local Green Space Assessment – Review of sites (2022)

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³⁸ https://www.gov.uk/government/publications/national-model-design-code

³⁹ https://designatedsites.naturalengland.org.uk/GreenInfrastructure/Home.aspx

⁴⁰ https://www.buildingwithnature.org.uk

⁴¹ Successful long-term stewardship of place requires planning for effective management, maintenance and governance of infrastructure for the lifetime of the development. The 'Lifespan' chapter of the National Model Design Code sets out guidance on long term stewardship - https://www.gov.uk/government/publications/national-model-design-code. The Council's expectations regarding long term stewardship will be set out in an SPD or advice note to follow.

⁴² NPPF 2021

⁴³ http://ec.europa.eu/environment/water/water-framework/index_en.html

⁴⁴ All development as set out in Environment Act 2021

⁴⁵ https://surreynaturepartnership.files.wordpress.com/2014/11/biodiversity-opportunity-areas_surrey-nature-partnership_20151.pdf

⁴⁶ https://www.gov.uk/guidance/flood-risk-assessment-the-sequential-test-for-applicants

⁴⁷ Excluding minor householder such as porches and conservatories

⁴⁸ As identified on the latest Environment Agency flood risk maps and the Council's latest Strategic Flood Risk Assessment

⁴⁹ Defined in SFRA

⁵⁰ See section 5.6 of the Spelthorne SFRA for more information of safe access and egress

⁵¹ Not required for residential extensions or replacement dwellings

⁵² https://www.gov.uk/government/publications/personal-flood-plan

⁵³ Existing infrastructure or solid buildings that resist water ingress are not included within the definition of Flood Zone 3b Functional Floodplain and the associated planning requirements do not apply.

⁵⁴ This may incorporate the timely evacuation of properties prior to the onset of flooding in accordance with an individual Flood Warning and Evacuation Plan for the site).

⁵⁵ As set out in para 161 (b) of the NPPF 2021.

⁵⁶ https://uk-air.defra.gov.uk/assets/documents/National_air_quality_objectives.pdf

⁵⁷ ADLUHC (2014). Land affected by contamination guidance. Available from: https://www.gov.uk/guidance/land-affected-by-contamination

⁵⁸ Defra (2012) Environmental Protection Act 1990: Part 2A - Contaminated Land Statutory Guidance. Available from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/223705/pb13735cont-land-guidance.pdf#:~:text=The%20Part%202A%20regime%20is%20one%20of%20several,or%20where% 20action%20is%20taken%20independently%20by%20landowners.

⁵⁹ As set out in Policy E1: Green and Blue Infrastructure

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