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SPG: Pollution - Pollution Supplementary Planning Guidance (October 2016) www.npt.gov.uk/ldp ENVT1909 Contents Note to Reader 1 2016) 1 Introduction 1 2 Planning Policy Approach 3 (October 3 Air Pollution 7 3.1 Causes and Impacts of Air Pollution 7 Pollution 3.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 11 3.3 Implementation of Policy EN9 & Avoidance/Mitigation Measures 12 Guidance: 4 Noise Pollution 17 Planning 4.1 Causes and Impacts of Noise Pollution 17 4.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 24 4.3 Implementation of Policy EN10 & Avoidance/Mitigation Measures 27 Supplementary 5 Light Pollution 31 5.1 Causes and Impacts of Light Pollution 31 5.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 32 6 Land Contamination 35 6.1 Causes and Impacts of Land Contamination 36 6.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 38 7 Water Pollution 41 7.1 Causes and Impacts of Water Pollution 41 7.2 Implementation of Policy EN8 & Avoidance/Mitigation Measures 42 8 Habitats Regulations Assessment 45 Appendices A Air Quality Objectives 47 Contents Supplementary Planning Guidance: Pollution (October 2016) Note to Reader Note to Reader 2016) This document supplements and explains the policies in the Local Development Plan (LDP). The LDP was adopted by the Council on 27th January 2016 and forms the basis (October for decisions on land use planning in the County Borough up to 2026. This Supplementary Planning Guidance (SPG) has been prepared following a public Pollution consultation exercise that was undertaken in the Summer of 2016 and the guidance was adopted by the Council's Economic and Community Regeneration Cabinet Board on 28th October 2016. Guidance: While only policies in the LDP have special status in the determination of planning applications, the SPG will be taken into account as a material consideration in the decision Planning making process. This SPG is also available in Welsh, either to download or by request. Should you need this document in another format, then please contact the LDP team at [email protected] or [01639] 686821. Supplementary 1 Reader to Note Planning Guidance: Pollution (October 2016) Supplementary 2 1 . Introduction 1 Introduction 2016) 1.0.1 This Supplementary Planning Guidance (SPG) gives information about pollution issues in Neath Port Talbot and sets out the relevant matters that will need to be taken (October into consideration when developments are being planned in the County Borough. 1.0.2 The Council's planning policy in relation to the various types of pollution is set out Pollution in the Neath Port Talbot Local Development Plan (LDP)(1) Strategic Policy SP16 (Environmental Protection) and detailed policies EN8 (Pollution and Land Stability), EN9 (Developments in the Central Port Talbot Area) and EN10 (Quiet Areas). This SPG should Guidance: be read in the context of these LDP policies and explanatory text. 1.0.3 Chapter 2 outlines the national and local planning policy approach, while Chapters Planning 3 to 7 considers each type of pollution in turn and indicates the issues that need to be considered and the steps that will be required to ensure compliance with the relevant policies. Chapter 8 briefly outlines the Plan's development allocations in respect of Habitats Regulations Appraisal (HRA) requirements. Supplementary 1 1 Neath Port Talbot County Borough Council Local Development Plan (2011-2026) Adopted January 2016. Introduction . 1 Planning Guidance: Pollution (October 2016) Supplementary 2 2 . Planning Policy Approach 2 Planning Policy Approach 2016) 2.0.1 The overall approach to be taken in relation to pollution matters is set out in Planning Policy Wales (PPW) Chapter 13(2). It is emphasised that the role of the planning (October system is to determine whether a development is an acceptable use of land rather than to seek to control the processes or substances used in any particular development. Matters of water and air pollution and land contamination are controlled by other agencies and Pollution planning authorities will need to ensure that planning conditions do not duplicate or contradict measures more appropriately controlled under these regimes. In relation to (3) noise matters, additional detailed advice is given in Technical Advice Note 11 . Guidance: 2.0.2 In accordance with this overall approach, the LDP policies relating to environmental protection and pollution seek to ensure that development proposals are appropriate and Planning will not have significant adverse effects rather than seeking to control pollution in a way that would duplicate other controls. The relevant LDP policies are set out below. Supplementary Policy SP 16 Environmental Protection Air, water and ground quality and the environment generally will be protected and where feasible improved through the following measures: 1. Ensuring that proposals have no significant adverse effects on water, ground or air quality and do not significantly increase pollution levels; 2. Giving preference to the development of brownfield sites over greenfield sites where appropriate and deliverable; 3. Ensuring that developments do not increase the number of people exposed to significant levels of pollution. LDP Objectives: OB 2, OB 16 and OB 17 2.0.3 LDP Strategic Policy SP16 (above) sets out the strategy relating to environmental protection, including the approach to be taken to pollution issues. This strategic policy is implemented through detailed policies, with policies EN8, EN9 and EN10 being specifically relevant to pollution matters. 3 2 Planning Policy Wales Edition 8 (2016) - Welsh Government. 3 Technical Advice Note 11: Noise (1997) - Welsh Government. 2 . Planning Policy Approach Supplementary Policy EN 8 Pollution and Land Stability Planning Proposals which would be likely to have an unacceptable adverse effect on health, biodiversity and/or local amenity or would expose people to unacceptable risk due to Guidance: the following will not be permitted: Air Pollution; Pollution Noise Pollution; (October Light Pollution; 2016) Contamination; Land Instability; Water (including groundwater) Pollution. Proposals which would create new problems or exacerbate existing problems detailed above will not be acceptable unless mitigation measures are included to reduce the risk of harm to public health, biodiversity and/or local amenity to an acceptable level. 2.0.4 Policy EN8 covers all types of pollution that are relevant to the development process and is a widely applicable policy that requires developments to ensure that they do not cause significant pollution or exacerbate any existing problems. Chapters 3 to 7 consider each pollution type in turn. Policy EN 9 Developments in the Central Port Talbot Area Developments in the central Port Talbot area that could result in breaches of air quality objectives during their construction phase, will be required to be undertaken in accordance with a Construction Management Plan submitted as part of the planning process and agreed by the Council. 4 2.0.5 In relation to the Air Quality Management Area (AQMA) at Taibach / Margam, there are additional concerns about operations during the construction phase of developments causing the generation of smoke and dust that could result in exceedences of air quality objectives relating to particulates. Policy EN9 addresses this issue specifically in relation to the central Port Talbot area. 2 . Planning Policy Approach Policy EN 10 2016) Quiet Areas (October In order to protect areas of tranquillity within urban areas, the following 'Quiet Areas' have been identified: Pollution Reference Quiet Area EN10/1 Neath Abbey Ruins, Neath Guidance: EN10/2 Mount Pleasant Park, Neath Planning EN10/3 Skewen Park, Neath EN10/4 Shelone Woods, Neath EN10/5 Victoria Gardens, Neath Supplementary EN10/6 Church Place, Neath EN10/7 Talbot Memorial Park, Port Talbot EN10/8 Vivian Park, Port Talbot EN10/9 Baglan Park, Port Talbot EN10/10 King George V Park, Pontardawe Development proposals that would have unacceptable impacts on the characteristics that led to the designation will be resisted. 2.0.6 The Quiet Areas listed were designated by the Welsh Government under the Environmental Noise (Wales) Regulations. They are public open spaces located within urban areas that have local amenity value that warrants protection from noise intrusion and are relatively quiet by urban standards in actual and perceived terms. 2.0.7 Policies EN8 and EN10 in particular relate to ecological and biodiversity issues as well as human impacts. Pollution can have a variety of impacts upon the biodiversity of the county and development proposals will need to consider and address any such adverse impacts. This should include assessing impacts upon: Statutory designated sites such as Special Areas of Conservation (SACs), Ramsar sites, Sites of Special Scientific Interest (SSSIs), National Nature Reserves (NNRs) and Local Nature Reserves (LNRs); 5 2 . Planning Policy Approach Supplementary Non-statutory designated sites such as Sites of Interest for Nature Conservation (SINCs); The wider biodiversity resource including ecosystems and their functioning, habitats Planning and species listed as of principal importance for conservation in Wales or as listed under the Local Biodiversity Action Plan. Guidance: Pollution (October 2016) 6 3 . Air Pollution 3 Air Pollution 2016) 3.0.1 Concerns about air quality relate largely to two main areas: direct impacts on human health and amenity and ecological impacts affecting natural habitats
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