UDP - Chapter 15 - Minerals, Waste & Pollution
Unitary Development Plan
Chapter 15
Minerals, Waste & Pollution
| Ref | Policy(Part 1 light type/Part 2 heavy type) | Justification |
|---|---|---|
| Minerals - General | ||
| M1 | The environmental impact of mineral working will be minimised, whilst recognising the obligation for the area to contribute to regional requirements for construction materials. | M1. In Minerals Planning Guidance Note 1 the Government emphasises that minerals are important national resources and that their exploitation makes an essential contribution to the nation's prosperity and way of life. However, strong conflicts of interest inevitably arise and a balance has to be struck between the case for mineral extraction and the protection of the environment. Minerals can only be worked where they occur and each authority is expected by the Government to contribute to meeting local, regional and national demand which reflects the nature and extent of minerals in its area. One particularly important category is aggregate minerals which are used in construction industries, and this type is likely to form the majority of future working in the Borough. |
| Aggregate Minerals | ||
| M2 | When considering proposals for new workings for aggregate minerals the Council will have regard to both:
(a) The need to maintain a supply of reserves with planning permission (i.e. a landbank) of both sand and gravel, and also sandstone and gritstone, which is in accordance with national guidance contained in MPG6 "Guidelines for Aggregates Provision in England", as interpreted by the North West Aggregates Working Party, and (b) The contribution the proposal can make towards maintaining the Greater Manchester share of the regional production of aggregates, as expressed in the most recent Regional Interpretation of the Guidelines for Aggregates Provision. |
M2. The demand for aggregate minerals is linked to levels of general economic activity but their extraction, especially in hard rock, requires high capital investment and fairly long lead times. Therefore, in order to ensure that production can continue smoothly from year to year and respond to fluctuations in demand, it is necessary to maintain adequate reserves with planning permission. Regional Aggregates Working Parties were established by the Government in the 1970's to assess supply and demand and to provide guidelines for future production, which are rolled forward as new surveys are completed. The most recent forecasts for aggregate provision look forward to 2011 based on a 1989 survey. Regional Commentaries published by the Working Parties analyse the implications of these forecasts for constituent county areas.
Whilst Greater Manchester is likely to remain a net importer of aggregate minerals, it has been accepted by the North West Aggregates Working Party (N.W.A.W.P.) and embodied in the Greater Manchester Structure Plan that the county's present share of regional production should be maintained. The regional forecasts will be monitored by the N.W.A.W.P. in future surveys and reconsidered in their commentaries as and when appropriate. Strategic Guidance states that Greater Manchester's continuing role in the national and regional production of minerals should take account of the N.W.A.W.P. This Plan takes a wholly criteria based approach to the determination of any future planning applications for mineral extraction and Policy M2 is an important, although not sole, consideration in this approach. However, in circumstances where permitted County reserves already exceed the requirements, even greater weight is likely to be attached to the environmental implications of the proposal. |
| M3 | Proposals for new or extended mineral workings, minerals depots, minerals transfer loading stations and minerals waste disposal points, will only be considered acceptable in principle where each of the following criteria which are relevant to the type of development proposed can be satisfied:
(a) The existing environment of dwellings or other environmentally sensitive properties will not be unacceptably harmed, in terms of visual amenity, noise, dust, air pollution, water pollution or other nuisance, and; (b) There will be no unacceptable effect on water supply, land drainage, quality of controlled waters or flood control, and; (c) Access arrangements are satisfactory and the traffic generated will neither cause undue nuisance to properties adjoining routes used by this traffic nor adversely affect road safety anywhere between the site and the strategic highway network, and; (d) Undue harm will not be caused to the viability of agricultural holdings, nor will there be an unacceptable loss of the best and most versatile agricultural land, taking into account the quality of restoration likely to be achieved following mineral exploitation, and (e) Any effect on the setting of listed buildings, ancient monuments or Conservation Areas will be acceptable, and; (f) Local features of landscape, woodland, ecological, archaeological or geological interest within the site will be protected or suitably replaced or relocated, and (g) No undue harm will be caused to areas of recreational use or potential, high landscape value, river valleys or ecological importance, and; (h) Except for coal, there is a demonstrable need for the mineral, taking into account its quality and its proposed market, and (i) Adequate reserves of the mineral in terms of both quality and quantity have been proved, and; (j) The working of other mineral deposits of significant value will not be prevented, and; (k) The extent of active workings in a particular locality will not be increased to an excessive degree, and; (l) Working methods will not result in the sterilisation of significant quantities of minerals within the site or in the adjacent area, and; (m) In the case of proposals for the working of sandstone, gritstone and coal, extraction and the storage of overburden will not take place within 200 metres of a significant number of dwellings or other environmentally sensitive properties, and (n) Existing transport routes will be retained and protected, and; (o) The proposal includes a satisfactory scheme of working and landscaping, providing for progressive working and restoration in the case of extensive workings, and; (p) Satisfactory provision will be made for the processing and disposal of the mineral, and; (q) Satisfactory provision will be made for the disposal of mineral waste, and; (r) Where appropriate, satisfactory provision will be made for screening and landscaping whilst working is in progress, and (s) A satisfactory scheme of restoration and, where |
M3. This Plan adopts a criteria based approach to assessment of any future mineral working proposals and does not set out to identify particular sites for extraction or to indicate areas where extraction would be more or less acceptable. To have attempted to do so would have been difficult to justify both technically and locally, whilst of limited benefit for an industry operating over a wider area than a single Borough, where a substantial hard rock quarry is well established and possible future applications are likely to be very few in number.
This policy sets out the various stringent criteria which must therefore be met before future mineral working can be considered acceptable in principle on any particular site. They cover a wide range of environmental and operational concerns within the site itself, in the surrounding area and on the approach roads, and also take in the need, quality, quantity and effective working of the mineral itself. All proposals for mineral working must show, among other things, that the site can be adequately screened, worked and restored, that processing and transport of the mineral will not give rise to planning problems in themselves and that there are adequate means of disposing of waste generated from the mineral working. These are matters which previously have not always been properly dealt with, leading to nuisance while sites are in operation and leaving a legacy of dereliction. The criteria are largely carried forward from Policies 7 and 8 of the Greater Manchester Minerals Local Plan. |
| M4 | Where mineral working, transfer loading of minerals, or mineral waste disposal is acceptable in principle, the Council will, as appropriate:
(a) Limit the period of operations, and; (b) Control levels of noise and vibration, and; (c) Control hours of working and maintenance, and; (d) Ensure satisfactory access to the site, and; (e) Prevent or control the production of polluted water and dust, and; (f) Control the impact of blasting, and; (g) Ensure the satisfactory disposal of waste materials, and; (h) Limit the visual impact of the development, and; (i) Ensure the stability of surrounding land, and; (j) Ensure that the site is satisfactorily restored. |
M4. No matter how well located a mineral working may be in principle, there will always a need to ensure that precise standards of working and restoration are maintained, in order to keep the environmental impact to an acceptable level. This policy sets out the main aspects which will receive detailed scrutiny in the event of a proposal submitted for approval. These aspects and others will normally be the subject of conditions attached to any grant of planning permission. This policy is almost identical to Policy 17 of the Greater Manchester Minerals Local Plan. |
| Restoration of Mineral Workings | ||
| M5 | Where it is proposed that the site of either a mineral working or a surface mineral working waste disposal facility or site is to be restored to agricultural, forestry or amenity use, the Council will seek the standard of restoration required by Schedule 5 of the Town and Country Planning Act 1990 and any subsequent relevant legislation and then impose appropriate aftercare conditions.
This will be done in consultation with the Ministry of Agriculture, Fisheries and Food or the Forestry Commission as appropriate. |
M5. Schedule 5 of the Town and Country Planning Act 1990 requires that land be restored to its pre-existing standard, so far as is practicable, as established by land quality assessments made by the Ministry of Agriculture, Fisheries and Food. In imposing restoration and aftercare conditions the Council will also have regard to Minerals Planning Guidance Note 7 - The Reclamation of Mineral Workings, and where appropriate to the Code of Practice set out in the Greater Manchester Minerals Local Plan. This policy, which is very similar to Policy 9 of that local plan, is also a response to the fact that standards of restoration have often been very poor in the past. |
| M6 | When considering applications for mineral working, the Council will have to be satisfied both as to the availability of suitable filling materials for restoration, where this is necessary and appropriate, and that the proposed restoration of the site can be accomplished within an acceptable time scale.
In suitable cases, restoration for nature conservation may be regarded as an acceptable end use. |
M6. Proposals for mineral extraction may involve substantial tipping to restore the land to pre-existing standards, or standards appropriate for the intended after-use. It is therefore important that suitable filling materials are available to achieve restoration in a reasonable time scale so that the land can be returned to productive use without undue delay. Such materials may need to be imported or they may sometimes be available from within the site itself.
The policy also acknowledges that in some cases it may not be appropriate to use filling materials at all, or other than on a small scale, to achieve satisfactory restoration, such as where the new landform could provide a valuable new habitat or a geological or biological feature of value for nature conservation. In appropriate cases, the Council will support proposals for restoration of sites for nature conservation as an end use in itself. However, in such cases, the proposed restoration of the site must still meet the after-use objectives of the project. This policy is a slightly modified version of Policy 10 of the Greater Manchester Minerals Local Plan. |
| Protection of Mineral Resources | ||
| M7 | Known mineral resources will normally be protected from sterilisation by other development.
Where another form of development is otherwise acceptable the Council will be prepared to consider the economic viability and appropriateness of the prior extraction of minerals before this proceeds. |
M7. Mineral resources are finite and are likely to be lost to the community when building or other forms of development takes place over the land where they are found. Deposits which are scarce or economically important should therefore be safeguarded from development which could sterilise them or be a serious hindrance to their extraction, for as long as alternative sites can be found for such development. The extraction of minerals before development takes place can, in the correct circumstances, be a wholly acceptable method of realising a valuable natural resource. This policy is carried forward in slightly modified form from Policy 5 of the Greater Manchester Minerals Local Plan. |
| M8 | The use of waste and recycled materials (such as colliery shale, p.f.a. and ash from railway embankments) will be encouraged as alternatives to newly won materials. | M8. The use of waste materials in preference to natural aggregates can in many applications be both technically feasible and economically viable and has the benefits of conserving the resource of the natural aggregate which would otherwise be used. It also reduces the amount of land needed for both mineral extraction and waste disposal, so that it can be put to or remain in another productive use. The local environmental effects of schemes to re-use waste materials would need to be considered in any particular case however. This policy is essentially a continuation of Policy 13 of the Greater Manchester Minerals Local Plan. |
| Mineral Exploration | ||
| M9 | Planning permission for mineral exploration, where required, will normally only be granted when development control criteria (a) to (g), (l), and (q) to (s) of policy M3 are satisfied. | M9. Mineral exploration is classed as permitted development under Part 22 of the General Development Order, 1988 and therefore takes place largely outside the planning system. There are however a number of circumstances when planning permission is required and a degree of control can be exercised. Control is needed because although trial boreholes and other exploration activities are temporary operations often having little impact on the surrounding area, exploration can sometimes take place on a twenty-four hour basis using large rigs and other equipment having adverse environmental effects. Where planning control is available any detrimental impact upon amenity can be minimised and the proper restoration of the land can be achieved. This policy is basically a restatement of Policy 4 of the Greater Manchester Minerals Local Plan. |
| Reclamation | ||
| M10 | Proposals for mineral working or surface disposal of mineral waste which would assist in reclaiming derelict and degraded land will normally be supported, subject to consideration of the landscape and ecological value of derelict sites which are regenerating naturally. | M10. It may sometimes be possible to include derelict or poor quality land within mineral applications and so, as part of the required restoration operations, make such land more attractive or productive. The desirability of achieving these benefits will however need to be weighed against the temporary loss of amenity caused by mineral working, and in some instances where natural regeneration is taking place, against the loss of vegetation and wildlife which may be of value to the area. This policy is derived from Policy 11 of the Greater Manchester Minerals Local Plan but with the added factor of natural regeneration. |
| Old Permissions | ||
| M11 | Mineral workings which have long standing planning permissions with inadequate conditions of working or restoration will be reviewed in conjunction with operators.
Such workings will be included within comprehensive landscaping or restoration schemes, or both, when extensions to the workings are under consideration. |
M11. In the past many mineral workings were granted planning permission subject to minimal conditions regarding their operation and eventual restoration, which would not meet current environmental standards. Hence, the Town and Country Planning (Minerals) Act 1981 gave powers to review existing planning control and improve upon it by modifying or revoking planning permissions, in addition to powers to discontinue or prohibit mineral working. Although compensation may be payable if the formal powers are used to achieve improved control, other possible courses of action include Agreements under Section 106 of the Town and Country Planning Act 1990 and consolidating permissions whereby an applicant may be prepared to include earlier consent areas in a new application when extensions to the working area are sought. This policy is basically a continuation of Policy 12 of the Greater Manchester Minerals Local Plan. |
| Movement of Minerals | ||
| M12 | The provision of rail or water linked minerals depots, mineral transfer loading stations and mineral waste disposal points will be encouraged where appropriate, provided they have good access to the strategic highway network.
The provision of rail or water links to existing and new mineral workings will also be encouraged if practical. |
M12. The siting of rail and water linked depots of these types, in appropriate locations, would reduce the need to move aggregates or mineral waste by road, resulting in reduced flows of road freight traffic and hence less congestion and environmental pollution. However, care will have to be taken that the road traffic serving these depots does not cause levels of local problems which outweigh the benefits achieved elsewhere. The depots themselves could also be intrusive in certain situations and any proposals which come forward will be subject to those criteria from Policy M3 which are relevant to the case. This policy is derived from Policy 14 of the Greater Manchester Minerals Local Plan (which lists such criteria separately). |
| M13 | The Council will, where appropriate, seek planning agreements both to control the routing of vehicles to and from mineral workings, minerals depots, minerals transfer loading stations and minerals waste disposal points, and also to secure highway improvements required as a result of such developments. |
M13. The routes used by lorries carrying minerals and mineral wastes from workings and depots may be unsuitable on highway or environmental grounds or both. This could particularly arise with extraction sites because minerals obviously have to be worked where they occur. If suitable alternative routes are available or can be provided it may be possible to reach an Agreement under Section 106 of the Town and Country Planning Act 1990 with the operator that these routes will be used, or that necessary improvements are made to existing roads. This policy is a slightly extended version of Policy 15 of the Greater Manchester Minerals Local Plan. |
| Waste Disposal | ||
| M14 | The environmental impact of waste disposal operations will be minimised, whilst recognising the general need for provision to be made in appropriate locations for landfill and transfer loading.
The opportunities which landfill may in some cases provide for landscape improvement or recreational development will also be taken into account. |
M14. Waste disposal, for household refuse and various other materials including trade, industrial, demolition and excavation waste, is a necessary but increasingly contentious operation. This has become more so as availability of many small local tips has declined and the industry has moved towards larger scale sites and transfer loading. Although greater emphasis on recycling and other measures offers the potential for reducing the bulk of certain wastes, there is little doubt that landfill will remain the final destination of much of the unwanted material for the foreseeable future. Both landfill and transfer loading operations can present serious environmental problems for adjoining areas unless suitably located and properly controlled.
Recent legislative changes affecting local authority involvement in waste disposal also make it more difficult to plan ahead for such operations on any strategic basis. Whilst there will probably be greater pressure on local authorities to find disposal sites within their own areas, decisions by waste producers and operators seem likely to be taken on mostly commercial grounds. The disposal of inert wastes in particular as landfill can in suitable instances result in the long term improvement of agricultural land and the removal of eyesores from the landscape, or the creation of new open areas for leisure uses, woodland or other wildlife habitats. This policy is intended to ensure that the right balance can be struck between the need to provide these facilities and the contentious environmental issues raised by their presence. |
| M15 | Proposals for new, or extensions to existing, waste disposal sites or facilities, including waste transfer loading stations, will only be permitted where each of the following criteria which are relevant to the type of development proposed can be satisfied.
(a) The particular need is demonstrated in relation to the types and amounts of materials involved, and; (b) The existing environment of dwellings, or other (c) There will be no unacceptable effect on land drainage or water supply, and the site will not be situated within a flood plain, and; (d) Access arrangements are satisfactory, and the traffic generated will neither cause undue harm to occupiers of properties adjoining routes used by this traffic, nor adversely affect road safety anywhere between the site and the strategic highway network, and (e) Undue harm will not be caused to the viability of agricultural holdings nor will there be an unacceptable loss of the best and most versatile agricultural land, taking into account the quality of restoration likely to be achieved following the completion of disposal operations, and (f) Any effect on the setting of listed buildings, ancient (g) Local features of landscape, ecological, archaeological or geological interest within the site will be protected, or suitably replaced or relocated, and (h) No undue harm will be caused to areas of recreational use or potential, high landscape value, river valleys or ecological importance, and; (i) If mineral extraction is a viable and appropriate use of the land, mineral deposits will not be sterilised, and; (j) A satisfactory scheme of working is proposed, incorporating provision for site security and the containment and management within the site boundaries of materials which are deposited or generated from the site, whilst providing for progressive working in the case of extensive sites, and; (k) Screening and landscaping will be provided at sites which are intended to be operational for more than two years, and; (l) Satisfactory site restoration will be provided and, in appropriate cases, progressive restoration undertaken whilst the site is being used for waste disposal, and; (m) Satisfactory aftercare of the land and works will be |
M15. The approach in this Plan (as for minerals applications) is not to try to identify or allocate specific sites or areas for waste disposal operations but to set out wide ranging and detailed criteria against which future proposals will be assessed. These will apply, where relevant, to all types of waste disposal, treatment and handling operations. The policy accepts that some land will have to be used for such operations but requires this to be weighed against both the need for the particular site or facility and also other land allocations in the Plan. It must be ensured that any of these operations do not have significant adverse environmental effects upon the land or adjacent land uses.
When considering the adequacy of proposed schemes of restoration or aftercare of sites used for waste disposal, the Council will, wherever appropriate, consult with the Ministry of Agriculture, Fisheries and Food. |
| Recycling and Collection | ||
| M16 | The recycling and reclamation of waste materials will normally be encouraged and supported, in order to reduce the volume of waste necessitating landfill and to contribute to resource conservation. | M16. Recycling cannot be expected to entirely avoid the need for disposal of waste but it offers much potential to reduce the scale of the associated problems, as well as to improve the efficiency with which finite resources of energy and raw materials are used. The Government in its White Paper "This Common Inheritance" (1990) has set a target of recycling 50% of household waste by the end of the century, and the Council needs to play its part in progressing or facilitating suitable schemes to collect and separate items which can be recycled. The private sector is also closely involved in numerous schemes, such as supermarkets which provide collection points for a variety of items which are to be recycled.
The success of recycling schemes can stand or fall upon economics and market demand for a product, waste paper being a good example, but much also depends on the enthusiasm of the public and their willingness to take the trouble to separate items. In future there may be a need for more restrictions to be placed upon what may be deposited in the general waste bins which are collected. |
| M17 | The continued provision of suitably designed and managed local facilities for the deposit of waste materials which are not handled by the refuse collection service, or for bringing items suitable for reclamation or recycling, will normally be supported, subject to meeting the criteria set out in policy M15. | M17. Along with a number of privately operated waste transfer stations, there are currently two civic amenity waste collection points in Tameside, in the north-east and north-west of the Borough, which have been operated by the Greater Manchester Waste Disposal Authority. These sites perform a very valuable role in enabling people to responsibly dispose of bulky items and reducing the incidence of illegal fly tipping, and they also offer further potential to encourage separation for recycling. Future management of the civic amenity facilities is not yet clear, following recent legislation on local authority involvement in waste disposal operations.
However, it is important not only to ensure that the present level of service is maintained but also to explore opportunities for improving the quality of provision of civic amenity facilities and their accessibility for local residents and trades people, to further encourage their beneficial use. In addition, privately operated waste transfer stations can fulfil a recycling as well as a disposal function. |
| Hazards and Pollution - General | ||
| M18 | Wherever practical and appropriate by means of planning controls, the impact on people living or working in the Borough, of existing and potential forms of environmental hazards and pollution will be avoided, or reduced to acceptable levels. | M18. Environmental hazards and pollution can take a number of forms, including noise and smell which may be a nuisance to residents, discharges to the air or into water which may affect the health of plants, animals or people, depositing of toxic materials in the ground which may produce problems immediately or in the event of future development, and storage or processing of chemicals which could present a hazard in the case of an accident.
The basic objective behind this policy is to create and maintain a safe, healthy and enjoyable local environment, and the more specific ways in which this will be tackled are the subject of several Part 2 policies in this topic chapter, along with elements of policies in other chapters. It is unlikely that all such problems can be eliminated, at least in the short term, for reasons such as the extent of investment tied up in existing plant, the state of technology, the possible implications for employment, the costs which could fall upon the Council, and the legal powers available. The policy will nevertheless underlie the Council's approach to all developments where hazards or pollution could be involved. It is recognised that many aspects of pollution control are already regulated by other legislation and statutory bodies, and it is not intention of the local planning authority to duplicate these. However, whilst for established operations reliance must mostly or entirely be placed on these regulatory systems, consideration of potential hazards and pollution remains a relevant factor when determining planning applications for extensions or alterations to certain industrial or storage sites, or for the introduction of new uses of this kind. Such considerations may also be relevant where new development, e.g. housing, is proposed in the vicinity of plant or storage with a known hazard potential. |
| Former Landfill or Contaminated Sites | ||
| M19 | When development is proposed on or within 250 metres of a known former or existing landfill waste disposal site, the Council will require to be satisfied that:
(a) The effects of decomposition have finished, or (b) Landfill gas will be safely dispersed or removed before development takes place, or that (c) Appropriate measures will be taken during construction work and within the development itself to avoid any potential hazard. |
M19. Prior to its formation Tameside consisted of nine separate towns each of which had disposed of their waste over the years at a number of separate sites. There were also various private and industrial tips in operation. Although no household waste has now been tipped in the Borough for several years, a considerable number of former and mostly reclaimed tips are therefore present where waste was being disposed of before the problems associated with gassing were fully realised.
The deposit of decomposable material inevitably causes the generation of landfill gas which can pose the dual threats of explosion and asphyxiation and may continue for many years after the tip has closed. Moreover, landfill gas can migrate over considerable distances into adjacent land and property. The sites which are gassing, or could do so in the future, are now known and techniques are available to deal with the problem. It is therefore vital for the Council to be certain that a developer can deal with these problems where they arise before any planning permission is granted. |
| M20 | Where development is proposed in areas which may have been contaminated by previous industrial or other uses, the Council will require to be satisfied that;
(a) Appropriate investigations have been carried out to (b) Where necessary suitable measures will be taken to Development which results in the disturbance of contaminated ground will be strictly controlled, to ensure that surface water run-off does not give rise to pollution problems, and also that groundwater resources are not threatened. |
M20. The nature of certain industries in Tameside has often left the land upon which they were located contaminated, and this situation can continue for many years after the operations have ceased. Contaminated land can prove to be a hazard to health and safety, putting at risk people working on the site including those involved in construction, the occupiers and users of the buildings and land, the buildings themselves and water services. The safeguards in this policy are therefore necessary to ensure that any previous contamination of land has been fully ascertained before it is developed, and that such contamination will be treated so that it will not affect the development. They are included within the Government's advice in Circular 21/87 (Development in Contaminated Land).
Particular attention needs to be paid to the protection of groundwater resources which may be under threat due to discharge, seepage or drainage, resulting from the redevelopment of a contaminated site. Once groundwater has been contaminated it is difficult if not impossible to rehabilitate it. The responsibility for complying with these safeguards rests with the developer. |
| M21 | Where development or re-use of a site is rendered uneconomic or unsafe due to previous contamination, the Council will, where possible, use its derelict land powers to reclaim the land for beneficial use, and will normally support initiatives by the private sector which have a similar result. | M21. Contaminated industrial land is not only a hazard to public health and safety but is also a waste of a resource, i.e. the land, which could in many cases be brought back into productive or beneficial use. Tameside is a designated Derelict Land Clearance Area, whereby grants of 100% are available to the local authority and 80% to private landowners, in order that derelict land, when reclaimed, can be capable of being used to provide for development, or for amenity value for the community, or to contribute towards nature or historic conservation.
This policy is also intended to cover the situation where contaminated land has been effectively abandoned, and where the only remedy is reclamation through the Council's Derelict Land Programme. In order to maximise the funds available for reclamation it will normally be necessary for the Council to acquire the site, although it can be sold on for development once treatment has been completed. There may also be instances where schemes initiated by the private sector on contaminated sites could lead to the removal or suitable treatment of the contamination, thereby making the land available again for beneficial use at no cost to the public purse. |
| Pollution Control | ||
| M22 | Permission will not normally be granted for a development if its operation is likely to be a source of pollution, or a generator of waste which would pose an unacceptable threat to the amenity of the surrounding area, or lead to contamination of land or water.
Where appropriate, conditions may be attached to a planning permission in order to safeguard against the loss of amenity which may be caused by pollution or waste resulting from the operation of a development, or to establish acceptable levels which should not be breached. Where necessary, advice will be sought from the relevant pollution control authorities, or from other suitable experts at the planning application stage, in order to ascertain the extent to which a development is likely to be a source of pollution or waste. Where developments are permitted, any emissions may be monitored to ensure compliance with conditions which may be imposed. |
M22. Whilst general levels of environmental pollution may be falling the Council is keen to see this trend continue and be reflected in Tameside. This policy is in accordance with those themes of the Plan which seek to both uplift the appearance and image of the Borough and also to give a high profile and weight to existing and emerging environmental issues. The policy is particularly important because of the incidence of activities in the Borough which are potential sources of pollution unless proper safeguards are applied.
Pollution control can be a complex and scientific subject However, whilst the Council is in a position to determine whether new developments with possible pollution control implications should be granted planning permission, specialist and technical advice will often need to be sought from the relevant pollution control or regulatory body. It would clearly not be sensible to grant planning permission for a development for which a necessary pollution control authorization is unlikely to be forthcoming. Where a development is acceptable in principle, it is also reasonable to attach conditions to any planning permission in order to safeguard against loss of amenity or other adverse effects which may be caused by pollution or waste. |
| M23 | The Council will normally oppose, or where appropriate impose planning conditions on, developments which, as a result of surface or waste water discharge, would adversely affect the quality of rivers, other watercourses, lakes, ponds or groundwater, and their role for fishing, nature conservation and informal recreation. | M23. The National Rivers Authority (N.R.A.) aims to protect and improve a very widely defined water environment, through effective management of water resources and by substantial reductions in pollution. This involves, among other things, protecting and improving fish stocks and promoting water based recreation, whilst also improving wildlife habitats and the river landscape and conserving the natural environment.
Although the N.R.A. is well placed to influence some of the factors responsible for the functioning of the hydrological system, it has very little control over land use change on a catchment wide basis. The N.R.A. therefore wishes to work closely with planning authorities in order to advise them on measures to minimise the impact of development on the aquatic environment and welcomes the inclusion of land use policies which reflect their concerns. (This paragraph also forms part of the justification / explanation for Policies M27 and M28) Deteriorating water quality caused by surface or waste water discharge can affect the supply of water for domestic, industrial and agricultural uses, general amenity, water based recreation, fisheries and nature conservation. Ground water resources can be polluted by activities such as effluent soakaways, unsealed landfilling, inappropriate storage of chemicals or disturbance of contaminated sites, and prevention or reduction of such pollution is better than subsequent clean up. River corridors are of great importance for the aspects already mentioned and new development should not place these at risk. Improving the quality of their water and natural features will enhance the river corridor environment for a variety of activities. This policy does not set out to duplicate regulatory or monitoring functions which are exercised by the NRA or other relevant bodies. However, where in consultation with the NRA or other bodies, it appears that a development for which planning permission is sought is likely to have adverse effects on watercourses etc., it is appropriate for this factor to be taken into account in the determination of the planning application, rather than hoping that the inevitable problems can be rectified once the development is in operation. |
| Hazardous Installations | ||
| M24 | Where developments are proposed which would involve the storage or use of notifiable quantities of hazardous substances, the Council will seek the advice of the Health and Safety Executive on the suitability of the development, in relation to the risks that the installation might pose to the surrounding population.
In considering development proposals within the consultation distances of existing notifiable installations, the Council will take account of the advice it receives from the Health and Safety Executive about the risks to the proposed development from those installations. |
M24. The Health and Safety Executive (H.S.E.) is the government agency responsible, among other things, for monitoring conditions within industrial plants and similar installations. A system exists whereby the presence on sites of certain quantities (or above) of particular hazardous substances must be notified to the H.S.E. These sites (or pipelines) thus become notifiable installations and are subject to planning controls aimed at keeping them sufficiently separated from housing or other land uses with which they may be incompatible from the safety point of view.
The planning controls can work in two ways. Where a new or extended notifiable installation is proposed, the Council's decision will take into account the risks it might pose to the surrounding population. Where notifiable installations already exist, the H.S.E. has established consultation distances around them with the object of controlling the kinds of development permitted in their vicinity. Thus, where new development is proposed in these areas, the decision will take into account the risk it faces from the existing installation. This policy does not set out to duplicate regulatory or monitoring functions that are exercised by the HSE or other bodies, such as on the safety of existing operations. However, consideration of the effects of hazardous installations is an established and worthwhile feature of the planning system, which the Council is continuing to recognise in line with the HSE's expectations. |
| Water Services Infrastructure | ||
| M25 | The importance of operational land used by the statutory water and sewerage undertaking in carrying out its duties under legislation will be recognised. | M25/M26. Although North West Water (N.W.W.) is now a private company, it still has a statutory duty to provide the water supply and waste water disposal services which are vital to new developments, the communities served and to the environment, both within the Borough and in other areas. N.W.W. is also subject to on-going legislation and directives on water quality and other related requirements, which can have major implications for investment.
To carry out its obligations, NWW makes use of often extensive installations such as reservoirs, water treatment plants and waste water treatment works, all of which are on operational land. Further development of facilities may be required on at least some of these sites to enable N.W.W. to meet current and future requirements placed upon it. Whilst necessary developments of operational facilities on the sites will normally be supported in principle, more detailed aspects will be required to be consistent with other policies, such as those concerned with landscape or the built environment. Many of the NWW operational sites lie within the Green Belt, and others fall within areas which in this Plan may be zoned as "other protected open land". The policies applying to these zones do not refer specifically to water company operational needs, and indeed are concerned basically with controlling urban development. Although it is not considered appropriate to zone water company sites for their existing uses, policies M25 and M26 are intended to provide the necessary reassurance that developments for operational purposes are in most cases likely to be regarded as acceptable. |
| M26 | The development of operational facilities for water and waste water treatment will normally be supported where this is necessary to implement the development objectives of this Plan or to meet relevant statutory obligations and environmental standards. | |
| M27 | New development will not normally be permitted unless adequate water supply resources, and foul sewers and sewage treatment works of adequate capacity and design, are available or will be provided in time to serve the development. The Council will discourage the proliferation of small private sewage plants within sewered areas, and infill development where septic tanks are proposed will only be permitted where ground conditions are satisfactory and the plot is of sufficient size to provide an adequate subsoil drainage system. |
M27. The supply of water to new developments could become increasingly onerous and new developments must be in locations where adequate water resources already exist or can be provided without other adverse effects. Existing sewerage systems and treatment works may in some cases become overloaded and unless additional infrastructure is provided, further demands placed on them could result in pollution of watercourses. Private sewage plants require constant maintenance, in order to produce effluents which meet their discharge consents issued by the N.R.A., and if the plant is in multiple ownership establishing responsibility in the event of problems can be difficult. The restrictions on infill developments draining to septic tanks are designed to avoid a public nuisance. This policy is intended to assist the objectives of the National Rivers Authority (N.R.A.). |
| Flood Prevention | ||
| M28 | The Council will normally oppose new or intensified development, including the raising of levels such as through landfill, where in consultation with the National Rivers Authority it considers that such development would be: (a) At direct risk from flooding, or; (b) Likely to increase the risk of flooding elsewhere, or; (c) Likely to obstruct the flow of flood waters. Where development in such areas is permitted, appropriate flood protection and mitigation measures will generally be required as part of the development. Where practical, areas adjacent to watercourses will be preserved or created to allow access for maintenance purposes. |
M28. New development, redevelopment and land doming can have significant implications for flood risk. Within the flood plain of a river, new development itself may be liable to flooding or may increase the risk of flooding elsewhere by reducing the storage capacity of the flood plain and/or impeding the flow of floodwater. Land raising in the flood plain, for example as a result of landfill, may have a similar effect. Development anywhere in the catchment may increase surface water run-off, adding to the flood risk downstream, and may increase the risk of pollution and damage to river habitats. At sites thought to be at risk from flooding but for which adequate information is not available, the developer will be expected to evaluate the extent of the risk and implement any necessary agreed measures. Routine maintenance is required on watercourses to maintain the integrity of flood alleviation schemes or to allow the free passage of water. |
| Wind Energy | ||
| M29 | In considering planning applications relating to wind turbines, the Council will require that proposals should normally satisfy the following criteria;
(a) Access for construction traffic can be provided without danger to highway safety or significant damage to the environment, and (b) There will be no significant detriment to wildlife or areas of scientific or archaeological interest, and (c) There will be no unacceptable damage to landscape (d) No significant harm will be caused to the amenities of neighbouring occupiers through noise emission, visual dominance, shadow flicker or reflected light, and (e) No unacceptable electromagnetic disturbance will be caused to existing transmitting or receiving systems, or adequate measures will be taken to remedy or mitigate any such disturbance which may be caused, and (f) No unacceptable damage will be caused to the appearance of the area by transmission lines between the development and their point of connection to the national grid, and (g) Realistic means are put forward for securing the removal of any plant, buildings or structures when they become redundant, and for satisfactory restoration of the site. |
M29. Government policy on this issue is set out in Energy Paper 62 "New and Renewable Energy: Future Prospects in the UK", published in March 1994. It is to stimulate the exploitation and development of new and renewable energy sources wherever they have prospects of being economically attractive and environmentally acceptable. The UK has one of the windiest climates in Europe and with some 24 wind farms in operation, wind power is now in widespread commercial exploitation as a source of electricity. Whilst stressing the need to take landscape and other environmental considerations into account, policy guidance maintains that there is a clear role for wind farms (groups of wind turbines) to produce electricity both for the local distribution network and for other purposes.
The Council recognises Government policy and the contribution that renewable energy sources may make to global conservation. However, wind turbines are usually very visible and can be intrusive in the landscape. A typical, medium sized wind farm can consist of 10 to 25 individual turbines with rotor blade diameters of 30 - 40 metres and hub heights of 30 - 50 metres. Generally these are sited 150 to 300 metres apart. Bearing in mind the open and elevated character of the countryside where proposals are most likely to be made, the Council will wish to exercise careful control over renewable energy development, although there is no objection in principle. |

