Appendix 7 – Par Docks Report Cornwall Local Plan Strategic Flood Risk Assessment 2 for Site Allocations at West Carclaze/Baal and Par Docks Cornwall Council January 2015 INTRODUCTION The Cornwall Local Plan will set out a vision for growth and identify the quantity and broad location and key sites, for new housing, community facilities, shops and employment. The Local Plan includes two strategic allocations for development. An Allocations DPD is being prepared to accompany the Local Plan which will include further specific site allocations. This report sets out the requirements of the Flood Risk Sequential Test and where appropriate the Exception Test with regards to the sites allocated with the Cornwall Local Plan. NATIONAL PLANNING POLICY ON FLOOD RISK The National Planning Policy Framework (NPPF) advises that “Local Plans should take account of climate change over the longer term, including factors such as flood risk, coastal change, water supply and changes to biodiversity and landscape” (paragraph 99 NPPF 2012). It goes on to advise that “Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere…..Local Plans should apply a sequential, risk-based approach to the location of development to avoid where possible flood risk to people and property and manage any residual risk taking account of the impacts of climate change, by: • Applying the Sequential Test; • If necessary, applying the Exception Test; • Safeguarding land from development that is required for current and future flood management; • Using opportunities offered by new development to reduce the causes and impacts of flooding; and • Where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long‐ term, seeking opportunities to facilitate the relocation of development, including housing, to more sustainable locations.” (paragraph 100 NPPF 2012) SEQUENTIAL TEST The Sequential Test is a decision making tool designed to ensure that areas at little or no risk of flooding are developed in preference to areas of higher risk. The aim should be to keep development out of medium and high flood risk areas (Flood Zone 2 and 3) and other areas affected by other sources of flooding where possible. 2 The NPPF advises that “the aim of the Sequential Test is to steer new development to areas with the lowest probability of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. The Strategic Flood Risk Assessment will provide the basis for applying this test. A sequential approach should be used in areas known to be at risk from any form of flooding.” (paragraph 101 NPPF 2012) The following diagram sets out the application of the Sequential Test for Local Plan Preparation it is taken from the National Planning Practice Guidance. EXCEPTION TEST The NPPF at paragraph 102 allows the application of the Exception Test by local planning authorities where, following the application of the Sequential Test, it is not possible, consistent with wider sustainability objectives, for development to be located in zones with a lower risk of flooding. The Exception Test therefore provides a method of managing flood risk while still allowing development to occur. 3 There are two elements to the Exception Test both of which need to be passed paragraph 102 of the NPPF states “if, following application of the Sequential Test, it is not possible, consistent with wider sustainability objectives, for the development to be located in zones with a lower probability of flooding, the Exception Test can be applied if appropriate. For the Exception Test to be passed: • it must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a Strategic Flood Risk Assessment where one has been prepared; and • a site-specific flood risk assessment must demonstrate that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall. Both elements of the test will have to be passed for development to be allocated or permitted.” (paragraph 102 NPPF 2012) NPPF PRACTICAL GUIDANCE The NPPF Practical Guidance provides further assistance to applying the test to Local Plan allocations. With regard to the first part of the test it advises that “evidence of wider sustainability benefits to the community should be provided, for instance, through the sustainability appraisal. If a potential site allocation fails to score positively against the aims and objectives of the sustainability appraisal, or is not otherwise capable of demonstrating sustainability benefits, the local planning authority should consider whether the use of planning conditions and/or planning obligations could make it do so. Where this is not possible the Exception Test has not been satisfied and the allocation should not be made”. (NPPF Practical Online Guidance Paragraph: 024 Reference ID: 7-024-20140306) With regards to the second part of the test it advises “wider safety issues need to be considered as part of the plan preparation. If infrastructure fails then people may not be able to stay in their homes. Flood warnings and evacuation issues therefore need to be considered in design and layout of planned developments. In considering an allocation in a Local Plan a level 2 Strategic Flood Risk Assessment should inform consideration of the second part of the Exception Test”. (NPPF Practical Online Guidance Paragraph: 025 Reference ID: 7-025-20140306) CORNWALL COUNCIL FLOOD RISK POLICY AND GUIDANCE 4 Cornwall Council (CC) together with its partners including the Environment Agency (EA) and the private sector has undertaken work with regards to flood risk specifically • Strategic Flood Risk Assessment Level 1 for Cornwall was published in November 2009. • As identified in the SFRA level 1, surface water flooding is a significant problem for Cornwall. To help address this, the Council has adopted guidance on standards and methods for surface water drainage in its Drainage Guidance for Cornwall Council document published January 2010. • Cornwall and Isles and Scilly Shoreline Management Plan (SMP) 2 was finalised in February 2011. • The EA in partnership with CC carried out further fluvial flood risk modelling as part of SFRA2 on watercourses at St Austell, including the White River, Gover Stream, Polgooth Stream, Pentewan Stream, Sandy River and Tregrehan Stream and surface water flood risk within St Austell. The ‘St Austell Flood Risk Mapping Study’ report was finalised in August 2011. • Where appropriate site specific data including mapping and specific Flood Risk Assessments these include – o Par Docks Initial Flood Risk Assessment (Imerys 2008) o Fowey/Par Bulk Transport Study Final Report (CC 2009) o EIA Scoping Request PREAPP10/03698 (Eco-bos 2010) o Coastal Wave Modelling and Extreme Still Water Level Reports and Information (Eco-bos 2011) o Working draft Flood Risk Assessment (Eco-bos 2012) o Working draft Sandy River Hydraulic Modelling Study Technical Report (Eco-bos 2012) In proposing allocations the Council has had regard to the advice of the NPPF, the National Planning Practice Guidance and its own policy and guidance. CORNWALL LOCAL PLAN ALLOCATIONS The Cornwall Local Plan sets out the strategic land use policies to meet Cornwall’s economic, environmental and social needs and aims for the future. This document will set the framework for all subsequent development and supplementary planning documents. Therefore only two specific site allocations are proposed within the Local Plan any further allocations will be made through the Allocations DPD which will follow the adoption of the Local Plan. The two proposed allocations are for mixed use communities at West Carclaze/Baal to the north of St Austell and Par Docks. The remainder of 5 this report will focus on these allocations and the application of the sequential and exception tests. LOCAL PLAN ALLOCATIONS SEQUENTIAL TEST West Carclaze/Baal Aerial photograph of West Carclaze The entire site at West Carclaze and Baal is located with Flood Zone 1 and therefore the sequential test is passed for this site. A SFRA 2 assessment has been completed for this site and is attached in Appendix 1 it sets out the known flooding related issues at the site. 6 Par Docks Aerial photograph of Par Docks The site contains a mix of flood risk designations comprising flood zones 1, 2 and 3a and therefore a sequential test is required for this site. 7 Par Docks Sequential Test Local Plan PP9 allocates an eco-community of 500 dwellings. Allocation This is envisaged to be a mixed use development. Site description The site is a former China Clay workings and tidal- dependent dock access to St Austell Bay. The site is no longer in active operation and comprises redundant industrial equipment, including settlement tanks, hardstanding and large industrial buildings. The use of the buildings finished in 2006 and the port in 2007. The site is adjacent to the marine area of Par Sands in St Austell Bay. The site is bounded to the west by Carlyon Bay golf course and the Penzance to London Paddington railway runs adjacent to the northwest boundary. There are existing china clay industrial operations situation to the north eastern boundary of the site that are being retained. The topography of the site is varied although relatively flat for the majority of the centre of the site, levels vary from 3m Above Ordnance Datum (AOD) in the lower eastern part of the site up to 24m AOD in the west. The site is considered to be previously developed or ‘brownfield’ land. Flood Risk Mix of flood risk designations comprising flood zones designations 1, 2 and 3a (See plan above) Flood Risk The existing docks are protected by a breakwater, Overview dating from the 19th century, which has been reinforced and extended in recent years and is protected by a rocky foreshore.