Chapter 4 ENVIRONMENTAL PROTECTION

Introduction

1. The Council intends with these policies, as far as is possible through the town planning system, to moderate and control the environmental impact of various activities on the environment of the Borough.

2. Policies in this Chapter are concerned with the land use implications of:
• waste management, including recycling;
• the minimisation and reduction of air and other pollution;
• contaminated land and aggregates;
• development in the flood plain of the Borough’s rivers;
• natural resource conservation; and
• energy efficiency.

Part I Policies

STR.ENV PRO 1
To minimise the generation of waste and encourage greater reuse of materials and recycling of waste and to ensure that schemes for waste disposal are environmentally acceptable.

STR.ENV PRO 2
To reduce levels of environmental pollution and to improve air and water quality and locate activities with the potential to pollute so as to minimise any environmental impact.

STR.ENV PRO 3
To encourage energy and natural resource conservation and promote environmentally acceptable forms of energy generation, in particular renewable forms of energy and resource consumption.

STR.ENV PRO 4
To use the planning system, where appropriate, to facilitate improvement and decontamination of poor quality, degraded and contaminated land.

STR.ENV PRO 5
To protect areas liable to river or tidal flooding and to control surface water drainage.

Reasons for Part I Policies

3. The scope of the policies in this Chapter cover the land use aspects of waste, pollution, air quality, contaminated land, noise and light pollution, aggregates, water issues and energy. Many of these matters are the subject of specific other legislation and regulation and there is much overlap between this and the planning system which is concerned only with land use.

The Council’s Strategy

4. The Council’s strategy is to encourage the production of less waste and to increase recycling; to reduce the scope for pollution, of land, water or air, to adversely affect the environment, and to seek means of remediating land that has already been polluted. The Council will also seek to encourage less environmentally damaging forms of energy generation. The Council recognises its role in contributing to wider regional aggregates and waste disposal regimes but seeks to do this while protecting the Lewisham environment.

5. The direct contribution to greater sustainability can clearly be seen in these policies. The local and global benefits of reducing resource use and pollution are obvious. So is the equality dimension of the Council’s strategy. Pollution affects everyone, as does, ultimately, wasteful use of resources. Similarly, regeneration, if not undertaken with regard to the requirements of sustainability and equality can be counter-productive and serve to exclude those whom it is intended should benefit.

Part II Policies

Reasons
The waste arising from a major conurbation such as London are enormous and increasing. Lewisham, itself generates a significant amount of waste that needs to be collected, sorted (if recycling is to take place), processed and transported to its final destination.

The Government’s approach to waste management issues is set out in Waste Strategy 2000 published in May 2000. The Mayor of London’s approach is contained within ‘Rethinking Rubbish in London – The Mayor’s Municipal Waste Management Strategy’ published in September 2003’. PPG 10 – Planning and Waste Management updates guidance and clarifies the role of planning for waste management facilities. PPG10 (paragraph 39) states,

‘The planning system should enable adequate provision to be made for waste management facilities in appropriate locations, without undue adverse environmental effects or nuisance. It should also control other forms of development in proximity to potential sources of pollution. It deals with the acceptability of a proposed development in terms of the use of land, and not the control of processes which is, in the case of wastes, a matter for the Environment Agency.’

The role of planning in waste management is essentially complementary to the work of other agencies. The general public are an agency with a significant role to play particularly in the reduction and reuse of household waste. A genuine understanding and appreciation of the value of reducing and reusing waste also needs to be embraced by goods manufacturers, marketers and the public. Until that is achieved, the current rate of 5.22% of Lewisham’s household waste recycled is not likely to be increased significantly.

Lewisham has in place a draft Integrated Waste Framework, which prepares the ground for preparation of an integrated strategy, and which seeks a sustainable response to waste management in the Borough and to achieve the Council’s commitment to 25% of the household waste stream recycled by 2002. The Waste Framework is the Council’s primary means of meeting its waste objectives. The UDP policies are intended to facilitate and give spatial expression to the policies in the Waste Framework.

The draft Integrated Waste Framework for Lewisham is devised to provide a simple and practicable sustainable approach to choosing waste management options for the different types of waste in Lewisham and is predicated on the BPEO, the Waste Hierarchy, the Proximity Principle and Regional Self-Sufficiency. The key terms are defined here.

The Best Practicable Environmental Option (BPEO) procedure establishes, for a given set of objectives, the option that provides the most benefits or least damage to the environment as a whole, at acceptable cost, in the long term as well as in the short term. The Government considers the BPEO principle to be the main driver in the selection of waste management facilities.

The waste hierarchy stipulates essentially that waste should be dealt with by the means towards the top of the following list:
• reduction (i.e. reduce the amount of waste that society produces)
• re-use (making beneficial alternative use of waste which is produced)
• recovery (including recycling, composting and energy recovery)
• disposal (managing the disposal of any remaining waste in a way which avoids the risk of pollution and harm to human health)

It is important that the hierarchy should consider the storage, treatment and disposal of special waste as defined by the Special Waste Regulations 1996.

The bulk of London’s waste (about 80%) is currently disposed of to landfill sites in the surrounding counties. Landfill represents the bottom of the hierarchy and is unsustainable for a number of reasons: the number of additional (usually road) trips generated in moving the waste to landfill, the pollution and contamination of the environment at the landfill site, the waste of energy invested in and not recovered from landfill material, and, not insignificantly, the resentment created at the landfill destination. Waste disposal has a strong political dimension. A key driver in achieving the Government’s goals and targets is the EC Landfill Directive 1991/31/EC (see Annex A of Directive for timetable). The Directive requires the amount of biodegradable municipal waste going to landfill to be reduced in three successive stages over a 15-19 year period.

The Hierarchy represents a more theoretical framework, which acts as a guide, rather than as an absolute set of rules, but planning policies should aim to secure as far as possible, waste management options towards the top of the hierarchy.

The Proximity Principle advocates that all waste should be disposed of, or otherwise managed, as close as practicable to the point at which it is generated. This has the benefit of encouraging all those who create waste to take more responsibility by requiring them to consider carefully the effects of managing that waste. It will also help by avoiding environmental damage which could be caused by transporting waste over long distances, and is therefore more likely to be in accordance with the principle of sustainable development.

The Proximity Principle can make the link between the Waste Hierarchy and BPEO. Where the BPEO for a particular waste stream is an option towards the lower end of the Hierarchy, this can often be because the environmental impact or cost of transport to a distant reprocessing facility outweighs the benefit of recovering the waste.

Lewisham is in a better position than many boroughs with respect to the Hierarchy and the Proximity Principle, in that over 90% of its household waste goes to the South East London Combined Heat and Power (SELCHP) plant, which is located in the Borough. CHP recovery is further up the Hierarchy than landfill disposal. However, there is no room for complacency; the policies in this Plan are aimed at facilitating the movement of Lewisham’s response to waste further up the Hierarchy, that is by increasing waste reduction, reuse and recycling.

Regional Self-Sufficiency advocates that most waste should be treated or disposed of within the region in which it is produced. London as a whole is far from self-sufficient in waste treatment and disposal, relying heavily as it does on landfill in the surrounding counties, to which around 80% is currently sent, the majority by road.

The SERPLAN Sustainable Development Strategy for the South East proposes that London Boroughs take planning action to reduce the export of untreated non-inert waste out of the capital to the surrounding region from its current level of 7 million tonnes per year, to 3 million tonnes per year by 2005 and zero by 2010.

Lewisham sends the great majority of its waste to SELCHP for local treatment so does not contribute significantly to the export of waste from London to the south east. However, the policies in the UDP contribute to the movement towards greater self-sufficiency across London as a whole.

Reasons
In dealing with planning applications the Council will by imposing planning conditions seek to ensure that rigorous controls are placed over the transfer, treatment, storage or disposal of special or hazardous waste. The Planning (Hazardous Substances ) Act 1990 introduced specific planning controls over the storage and use of hazardous substances additional to controls over development. Managing and disposing of special or hazardous waste can pose particular problems for the environment. To ensure that they are managed responsibly such wastes are subject to additional regulations under the Special Waste Regulations 1996.

The Seveso II Directive requires Member States of the European Community to ensure that land use policies take into account the control of hazardous substances – limiting the consequences for individuals and the environment. These obligations have been implemented by the Control of Major Accident Hazards Regulations 1999.

The Council will seek through dialogue with Railtrack and the relevant train operating companies that the rail transfer of hazardous cargo through the Borough is subject to surveillance in order to reduce the risk of sabotage or accident.

Reasons
This objective, in line with Government guidance, will be pursued jointly with LB Greenwich through the South East London Waste Disposal Group (SELWDG), which is developing an integrated municipal waste management strategy. This joint working is essentially to ensure that the distance waste is transported is minimised and the use of facilities, notably SELCHP itself is maximised.

By co-ordinating waste management with neighbouring authorities in this way Lewisham can demonstrate its commitment to furthering the principle of Regional Self-Sufficiency and contributing to the management of regional waste flows.

Reasons
Waste transfer stations are particularly prominent in the north of the Borough. While the necessity of having waste transfer facilities is recognised, a concentration can have an adverse impact on the environmental amenity of the area, particularly with respect to the residential amenity.

Reasons
Waste management facilities include waste separation and recycling facilities, composting facilities, incinerators with or without energy recovery, waste to energy facilities using techniques such as fluidised bed combustion or anaerobic digestion, landfill or landraising operations including opportunities for energy recovery, and waste transfer stations.

The practical means of achieving the objectives of the Waste Hierarchy have a spatial and land use dimension that needs to be planned for. This Policy aims to facilitate the provision of facilities that will be required for the collection, transfer, storage and initial treatment of waste as the waste management strategy is implemented.

A need has been identified for a further 50 ‘bring bank’ recycling sites in order to meet the Waste Framework’s target of bringing the entire Borough population within ¼ mile of such a site.

Reasons
The Council considers it appropriate that the Borough has one Civic Amenity Site (CAS). If there were several CAS the impact on residential amenity of the use and associated traffic would be much greater. The Council is currently undertaking a comprehensive review of its depot strategy. The former Civic Amenity Site at Creekside has now closed and construction of the Laban Centre has begun. Identifying a suitable location for a new Civic Amenity Site has formed a crucial part of the depot strategy. A new CAS is now operational at Landmann Way and it is considered that this provides a suitable site for the Borough.

The provision of collection facilities is a simple but essential requirement that will have the effect of greatly facilitating initial capture of recyclable and compostible material by the householder. This Policy pertains particularly to small collection and recycling centres located close to or within housing developments. The emphasis on small scale and local facilities is important to encourage people to make use of the facilities.

Reasons
Environmental Impact Assessments (also known as Environmental Assessments) are an essential technique for ensuring that the likely effects of new development on the environment are fully understood and taken into account before planning permission can be granted. The procedure requires the developer to carry out a systematic analysis of the predicted effects of the project on the environment. A report, usually known as an Environmental Statement, is submitted by the developer.

The Environmental Statement records the results of surveys or studies undertaken by the developer and sets out the likely impact of the proposed development on the environment. The Statement should also suggest ways of mitigating any adverse impacts of the proposed development.

The Town and Country Planning (Environmental Impact Assessment) Regulations 1999 stipulates the type of development which will require such statements and the specific information that will be required as a minimum when a planning application is submitted. In cases where there are likely to be environmental effects the Council will seek Environmental Statements, in accordance with the Regulations.

If the proposed development is in an Air Quality Management Area (AQMA), or the impacts of the development are likely to affect an AQMA, the EIA must analyse in detail the air quality impact and any mitigation measures to reduce the impact.

Reasons
PPG23 – Planning and Pollution Control is intended to focus on potential for pollution, but only to the extent that it may affect the current and future uses of land. This can be achieved through restricting development with pollution potential to appropriate locations, and control of operations, in order to minimise adverse effects on the use of land; and how land and water may be restored after any development or use has ceased.

Guidance provided by the DETR in March 2000 ‘Air Quality and Land Use Planning (LAQM.G4)’ and ‘Policy Guidance’ (LAQM.PG(03) states that ‘any air quality consideration that relates to land use and its development can be a material planning consideration’. LAQM.G4 further states that ‘in determining a planning application, local planning authorities should consider the development’s likely effect not only in terms of the air pollution it may cause directly, but also in terms of any increase or decrease in traffic that it generates’. In Lewisham vehicle traffic is the major cause of air pollution.

Applications where air quality could be a material consideration include instances :
(a) where the development could result in the designation of a new AQMA or the extension of an existing AQMA; or
(b) where the development would conflict with, or render unworkable, elements of the Council’s Air Quality Action Plan; or
(c) where the development is proposed within, or adjacent to an AQMA; or
(d) where the development would render some elements of the Action Plan unworkable; or
(e) where the development would significantly increase air pollution levels above air quality objective levels.

The Mayor’s Air Quality Strategy (September 2002) expects that Air Quality Impact Assessments be undertaken, where appropriate, to inform decisions on development proposals particularly where such proposals may affect an AQMA. When an Assessment is required to accompany a planning application it should be based on the Technical Guidance Note produced by the Association of London Government in March 2001.

For the purpose of this Policy significant development is taken to mean any housing development of more than 15 dwellings or a commercial development of 8,000 sq. ft. or more.

Poor air quality has fundamental impacts on health and the quality of life. National policies on air pollution are expected to deliver a significant improvement in air quality. The Government’s Air Quality Strategy for England, Scotland, Wales and Northern Ireland was published in March 1997, and revised in January 2000 under the requirement for such a strategy in the Environment Act 1995. The 1995 Act requires local authorities periodically to review air quality in their area against the standards and objectives laid down in the Air Quality Regulations 2000 and the Air Quality (Amendment) Regulations 2002. Where it is established that the targets will not be met by the designated timescales the authority must designate an Air Quality Management Area and prepare an Action Plan to improve air quality therein.

Local authorities must embark on a Review and Assessment of the air quality in their area. This is a three stage process.
• Stage 1 is a preliminary assessment of the sources and extent of pollution affecting the Borough. The first stage has shown that there are four main pollutants in the Borough: Carbon Monoxide (CO), Particulates (PM10), Nitrogen Dioxide (NO2) and Sulphur Dioxide (SO2).
• Stage 2 is a more detailed assessment of the pollutants identified in Stage 1 that are not likely to meet the objectives of the National Air Quality Strategy (NAQS). The study concluded, upon further examination, that Carbon Monoxide could be removed, as it was likely that the objective for the pollutant would be met within the stipulated timescales.
• Stage 3 which provided a final assessment of the identified pollutants using sophisticated tools such as air pollution monitoring, prediction and modelling and inventories. When a final conclusion of the likelihood of each pollutant reaching the NAQS objectives has been reached, the results may trigger the assignment of an Air Quality Management Area (AQMA) within the Borough.
• Stage 4 is a review and assessment of air quality inside the AQMA. This Stage calculates how much improvement is required in air quality to meet air quality objectives and in particular identify the sources of pollution so that the Air Quality Action Plan can be properly targeted.

In May 2001 the Council approved an Air Quality Management Area Order allowing the declaration of 5 AQMAs in the Borough. The geographical boundaries of the exceedences have been identified and are shown in Map 4.2. The designation of these AQMAs will require developers to consider and present the likely impact of the proposal in those parts of the Borough which can be regarded as air pollution ‘hot spots’. In this way the planning system can have a more direct influence on air quality.

The Council is currently preparing Action Plans in order to target the source of pollution and reduce pollution levels to meet air quality objectives within the designated areas.

Reasons
This Policy sets out the principle land use considerations that will be used to assess polluting or potentially polluting uses, wherever they arise. Some development proposals will require an Environmental Impact Assessment (see Policy ENV.PRO 7)

The Defined Employment Areas (DEAs) are those parts of the Borough which remain in predominately industrial and business use. Some of these areas are remote from other land uses (housing is the most significant of these) that could suffer from proximity to polluting uses. DEAs also benefit from good access and transport links. It should be noted that many polluting uses are sui generis and do not fall within the B1, B2 or B8 use classes allowed for in the DEA policy.

This Policy will ensure that polluting developments are separated from sensitive uses such as housing; also that any expansion or intensification of existing polluting uses are not jeopardised by encroachment of other uses.

Reasons
The Government is committed to maximising the re-use of previously developed land for housing. With large parts of Lewisham, particularly in the north of the Borough previously used by industrial processes, remediation treatments amount to a positive, sustainable and long term solution to the problem caused by contaminated land.

The role of the town and country planning regime as defined by DETR Circular 2/2000 is to assess the potential risks of contaminated land before official permission is given for the development. The risks would be assessed on the basis of the proposed future use and circumstances. Where necessary in order to avoid unacceptable risks to human health and the environment the land would be remediated before the new use commences.

Separate planning permission may be required for some aspects of investigative work required by the Council, such as drilling boreholes.

Part IIA of the 1990 Environment Protection Act was inserted into the 1990 Act by Section 57 of the Environment Act 1995. Part IIA creates a new framework for the identification and remediation of contaminated land in circumstances where there has not been any identifiable breach of a pollution prevention regime. It uses a risk based approach in order to assess whether land is fit for its current use. Part IIA places a duty on local authorities to identify and take appropriate action in respect of contaminated land in their area. The Council has, as required under the above Act, produced a Contaminated Land Inspection Strategy. The Council will liaise closely with the Environment Agency in its investigation of sites / special sites; and ensure the protection of controlled waters.

DETR is currently preparing further planning guidance on land contamination which will amplify the guidance in PPG 23 and provide planning authorities with technical and practical advice on contaminated land issues.

Reasons
The impact of noise can be a material consideration in the determination of planning applications. The role of the planning system is to guide development to the most appropriate location. Essentially, noise-sensitive land uses, such as housing, hospitals or schools, should as far as is practicable, be kept separate from noise-generating use, such as industrial processes, road, rail and air transport facilities.

It will generally not be appropriate to allow noise generating development to take place close to noise-sensitive uses, such as housing. Equally, it may not be appropriate to introduce noise-sensitive uses into areas that are already characterised by noisy activity, for example in the Defined Employment Areas.

Where it is not practicable to ensure separation of noise-sensitive and noise-generating uses, permission for noisy uses may be granted with suitable planning conditions attached to moderate the impact of any noise.

Reasons
Light generating development can have a seriously damaging effect on the amenity of an area, including harm to wildlife. This Policy is designed to control and prevent badly-designed lighting that spills out from its intended area to the detriment of nearby residents and wildlife. The Council will where necessary attach planning conditions to a planning permission for a light generating use to moderate its impact.

Reasons
Lewisham is a built-up, primarily residential Inner London borough practicably with no opportunities for aggregates working. Nor is Lewisham in a position to make provision for more river-borne traffic; the Borough’s Thames frontage is very limited with only one wharf (not in aggregates use), which is safeguarded under Secretary of State Directions.

However, the Council recognises the need for London to contribute more significantly to supply of its aggregates requirements to ease demand elsewhere and to reduce transport and distribution costs and associated pollution. Each borough in London can address this in Lewisham’s case, primarily through encouragement of use of recycled aggregates. Further advice on the use and re-use of building materials will be contained in the Council’s forthcoming SPG on Sustainable Development.

Reasons
PPG 25 on Development and Flood Risk requires local authorities to take into account information provided by the Environment Agency which holds records of main river flood plains. In proposing sites for development the Council has considered them against the risk based criteria in the sequential test as set out in Table 1 of PPG 25. Map 4.1 shows the approximate extent of fluvial and tidal flood plains in Lewisham. Map 4.1 shows the areas at risk from very extreme storm events on the rivers Pool, Quaggy, Ravensbourne and Kid Brook. Although flood alleviation works were undertaken to the River Ravensbourne and Pool River which give a high level of protection, there can be no guarantee that these areas would not be affected by floods caused by storms of exceptional intensity. Further flood alleviation works will be undertaken by the Agency to the Quaggy River during the period of this Plan.

The natural floodplain of a river is vital in limiting flood risk, both by storing flood water and providing flood flow routes in times of flood. Consequently, any development located in the floodplain is likely to be at risk of flooding. In addition, development in the floodplain may increase the risk of flooding elsewhere, by reducing the storage capacity of the floodplain and by impeding the flow of flood water.

Where it is decided that development in such areas should be permitted for social or economic reasons, then appropriate flood protection and mitigation measures, including measures to restore the floodplains or provide adequate compensatory storage, should be required to mitigate the impact of development.

Flood alleviation work is an intervention in natural processes and a balance has to be struck between maintaining and supporting natural floodplains and alleviating flood risk. At sites suspected of being at unacceptable risk from flooding but for which adequate flood risk information is unavailable, developers may be required to carry out at their own expense detailed technical investigations to evaluate the extent of the risk.

Reasons
PPG 25 stresses the importance of ensuring that development proposals take account of the effects of potentially increased run-off. New development can increase the rate and volume at which run-off reaches watercourses in times of heavy or prolonged rainfall, leading to an increased risk of flooding and damage to watercourses and habitats. Wherever possible development should incorporate features to reduce the run-off from impermeable surfaces such as roofs, car parks and roads. Sustainable surface water drainage methods include water butts, soakaways, porous pavements, storm water wetlands and balancing ponds. The methods adopted will need to have regard to the hydrological setting of individual sites and the use of appropriate pollution prevention measures. Further information on Sustainable Drainage Systems will be available in the Council’s forthcoming SPG on Sustainable Development. The Environment Agency can advise on site specific requirements on any development sites over 0.5 hectares.

Reasons
Areas within the Borough are protected from flooding by tidal and fluvial defences. It is crucial that development within these areas is not permitted where it would harm the effectiveness and continuity of tidal or fluvial defences in Lewisham. Access to structures must also be retained, and where appropriate improved, for maintenance and emergency purposes.

The prior written consent of the Environment Agency is required for any works:
in, under or over the River Thames (or other main river);
within 16m of the tidal flood defence structure or within 8m of the bank of a non-tidal main river;
of repair, alteration or rebuilding of any flood defence.

The Environment Agency should also be consulted on any works as part of the planning application process.

The tidal and fluvial rivers within Lewisham are protected predominantly by structural flood defences to which this Policy applies.

Reasons
The supply of water and the disposal of waste is essential to any human settlement. It is important that new development is planned so as not to run ahead of the necessary provision of water supply and sewerage infrastructure.

Water is an essential resource, the pollution of which can have a serious effect on drinking water supply, industrial practices, water-based recreation and nature conservation. Once groundwater has become contaminated it can remain so for many years being difficult, if not impossible, to remediate. Development should not proceed ahead of the capability of the sewerage system. Inadequate foul drainage provision may result in pollution.

The failure to install adequate oil interceptor facilities or trapped gullies as appropriate on surface water schemes serving industrial, highway, residential or commercial schemes can result in pollution as drainage from these areas is discharged into watercourses. Such problems can be further reduced by the provision of best management practice techniques including detention ponds, grass swales and porous surfaces.

Reasons
Government guidance requires boroughs to set out criteria against which proposals for new or upgraded electricity generation facilities, including Combined Heat and Power plants (CHP) will be assessed.

Reasons
Advice on energy efficiency matters is provided in the Council’s Energy Policy and Building Control sections.

All new building and conversions must comply with the Building Regulations (Part L is relevant to conservation of energy). Part L is not concerned with those aspects of a building’s energy efficiency that is determined by such factors as location, density, aspect and orientation. These are planning matters that should be agreed in negotiation with development control.

The wider contribution of the planning system to reduction of the need to travel and encouragement of travel by more efficient modes is addressed specifically in the Transport Chapter of this Plan.

The design of new development provides an opportunity to implement best practice environmental design including such features as water conservation, super insulation and design for solar gain.

Opportunities for renewable energy generation, such as small scale proposals for solar and wind production, will be encouraged where they contribute to meeting local needs. The Council will expect such forms of energy production to be designed and sited sensitively. Further advice on energy efficiency and appropriate forms of renewable energy generation will be available in the Council’s forthcoming SPG on Sustainable Development.

Map 4.1

Map 4.2