Proposed Main Modifications Schedule

MM175

Category/ Policy No./ Paragraph No.

Section 16.2, Paragraph 16.2.4

Modification

16.2.4: As such, the Council will require all major developments to submit a Sustainability Statement that clearly demonstrates the steps that will be taken to minimise the lifetime carbon emissions resulting from the development. This could focus cutting carbon emission by reducing energy demand through taking a 'fabric first' approach to building or the implementation of building or development based renewable and low carbon technologies. The aim will ultimately be to reduce the impact of the proposed development by at least 10%. This will be measured through energy consumption a reduction in carbon dioxide emissions rates, with the baseline for this calculation being the energy demand of a scheme compliant with target emission rates determined by Part L of the Building Regulations, that are applicable at the time of the application".

Justification

Consequential change from MM169

MM176

Category/ Policy No./ Paragraph No.

Policy CC1

Modification

Policy CC1: Climate Change and Sustainability

In order to ensure the delivery of high quality sustainable development, where appropriate, proposals must demonstrate how they support the mitigation of, and adaptation to, the impacts of climate change.

The Council requires that any all new development is designed to;

• increase its own resilience and the resilience of the surrounding area within the site to impacts of climate change;
• take full advantage of opportunities to incorporate renewable energy technologies;
• reduce carbon emissions; and
• achieve the higher water efficiency standard of 110 litres per person per day.

 This will be demonstrated through the submission and preparation of an adaptation strategy which will detail the measures that will be taken in order to minimise the developments vulnerability to the impacts of climate change. This will include:

The achievement of these requirements must be demonstrated in the Design and Access Statement and with regard to the Council's Design Guide

All major developments, of 10 or more dwellings or 1000sqm or more of non-domestic and commercial uses, must also provide a Sustainability Statement. This will be required to demonstrate:

• A reduction in carbon dioxide emissions by at least 10%, based on emissions rates determined by Part L of the Building Regulations applicable at the time of the application;
• How opportunities to use renewable and low carbon sources have been maximised;

• Minimising the risk of overheating through good design and site layout, and making use of green roofs and walls, shading, landscaping and planting as appropriate.
• Where there is the potential for flood risk the sequential approach will be taken, with mitigation measures and integration of building level flood resistance and resilience measures provided as appropriate, allowing for climate change.

New development will be required to incorporate measures that minimise and mitigate its impacts on the environment and climate change by:

• Reducing carbon dioxide emissions
• Maximising energy efficiency and conservation through orientation, layout and design of buildings, landscaping and planting,
• Making use of natural lighting and beneficial solar gain,
• Taking advantage of opportunities to use renewable and low carbon energy sources,

• The minimisation of Minimising water usage and is delivered to achieve the higher water efficiency standard of 110 litres per person per day as a minimum, for residential development and the BREEAM 'very good' standards for water efficiency for commercial all other development;, and demonstrates a water sensitive approach to the design in all developments.
• A water sensitive approach to the design and the incorporation of measures, such as grey water recycling and water butts, that further promote water efficiency and aim to achieve water neutrality;
• How the performance gap between built and designed energy use will be negated; and
• Incorporate adaptation measures to achieve flood resilience to impacts of climate change.
• Incorporating measures that further promote water efficiency and aim at achieving water neutrality, such as grey water recycling or water butts will be considered favourably.

All major developments will also be required to submit a post construction verification report to confirm that the development has been delivered to the approved specification. must provide a Sustainability Statement. This will demonstrate:

• How the above requirements relating to all new developments will be met.
• That the development will provide for a minimum of 10% of its energy demand, using the energy demand for a scheme compliant with Part L of the Building Regulations applicable at the time of application as the baseline) to either be reduced through a fabric first approach, deployment of energy efficient technology, offset from site or building located renewable and low carbon energy sources, or by whatever means are appropriate.
• How the performance gap between built and designed energy use will be negated.
• Incorporate an adaption strategy that considers, how good site design and layout, hard and soft landscaping (trees, vegetation, green walls and roofs) and amenity space will support adaptation to the impacts of climate change, and are also designed to achieve visual, acoustic, wildlife and other environmental benefits.

The Council will support developments that can demonstrate high quality sustainability standards that going beyond the Building Regulations requirements and achieve certification to voluntary standards such as PassivHaus, BREEAM Excellent, or the Home Quality Mark.

Justification

To ensure that the policy is justified, effective and consistent with national planning policy

MM177

Category/ Policy No./ Paragraph No.

Section 16.3, new Paragraph after 16.3.6

Modification

Insert new paragraph after paragraph 16.3.6 as follows:

16.3.7: Additionally, the Council supports a varied approach towards the provision of sustainable energy development and therefore, supports alternative sources of sustainable energy such as solar farm developments. The development of ground mounted solar PV farms must have regard to the Council's Solar Farm Development Technical Guidance.

Justification

Consequential change from MM171

MM178

Category/ Policy No./ Paragraph No.

Policy CC2

Modification

Policy CC2: Sustainable Energy Development

The Council recognises the environmental, social and economic benefits of renewable or low-carbon energy and sustainable energy infrastructure.

The Council will positively support energy developments which:

1. are located in the suitable areas where negative impacts can be most effectively mitigated through design, scale and sitting of the project;
2. are located and designed so as to have no unacceptable adverse impacts on the historic environment heritage assets, sensitive landscapes and townscapes, noise, pollution and harm to visual amenity and can provide environmental benefits;
3. can demonstrate engagement with affected stakeholders, including communities, in order to understand and address issues for objection; issues for objection and seek to address them;
4. can provide environmental benefits and is supported by local communities.

Wind energy and solar farm developments

In case of wind farm developments, the Council will support the principle of those that can demonstrate that they:

• are located in areas identified as suitable for wind development by the Council's Wind Farm Development Technical Guidance

• demonstrate thatFollowing consultation, the planning impacts identified by affected local communities have been fully addressed and mitigation provided as part of the proposal therefore the proposal has their backing.

Solar farm developments

In case of ground mounted solar PV farms, the Council will support the principle of those developments that can demonstrate that they;

• avoid locations with best and most versatile land or can provide demonstrate the most compelling evidence to justify the location;
• are delivered in accordance with the Council's Solar Farm Technical Guidance

Justification

For clarity and effectiveness.

MM179

Category/ Policy No./ Paragraph No.

Policy CC3

Modification

Policy CC3: Flood Risk Management

A site-specific Flood Risk Assessment will be required for any site within 20m of any watercourse (including those not shown on the Environment Agency Flood Maps), or within an area at high risk of surface water flooding.

Development will be supported where:

• It is located in areas at lowest risk of flooding (from all sources) and the Sequential and Exception Tests (where required) demonstrate that the site is appropriate for development and its intended use.
• A sequential approach to site layout is applied, directing the most vulnerable uses to the areas at lowest risk from all sources of flooding.
• It will be safe for the lifetime of the development, will not increase flood risk elsewhere or result in a loss of floodplain storage capacity or impede flowpaths, and reduces the overall flood risk within and beyond the site boundary where possible. Land that is required from current and future flood management will be safeguarded from development.
• A site-specific assessment of flood risk has been undertake following the criteria within this policy and the NPPF, which sets out appropriate flood risk management measures.
• Climate change implications are taken into account and occupants of the site will be safe during all flood events (including those which exceed the agreed design standard) or from residual risks or failure of the drainage system.
• Development must consider the impacts of the layout and land use on offsite flood risk. Measures should be identified and implemented, including passive measures to improve flood risk offsite.
• Surface water runoff is managed to pre-development rates and volumes, giving priority to the use of SUDS, and discharge locations have capacity to receive all foul and surface water flows from the development.
• The area of impermeable surface is minimised and porous and/or permeable surfaces are used wherever reasonably practicable.
• Mitigation measures maximise water efficiency and contribute to a net gain in water quality, biodiversity, landscape character and green infrastructure.
• Building level flood avoidance, resilience and resistance measures are designed into the development where appropriate.

Where necessary, planning permission will be conditional upon flood protection and/or runoff control measures being operative before other site works.

Development that increases the risk of flooding on or off the development site, or would compromise the performance of flood defences will not be permitted.

Central Bedfordshire Council will safeguard land required for current and future flood management.

Justification

To improve plan clarity and following discussion at the Hearings.

MM180

Category/ Policy No./ Paragraph No.

Policy CC4

Modification

Policy CC4: Development Close to Watercourses

Development should maximise opportunities for watercourse restoration and enhancement as part of the development. New development will be supported where it can be demonstrated that it will:

• Conserve, and where possible, enhance the ecological and flood storage value of the water environment, including the protection and enhancement of priority and protected species such as otter and water vole.
• Incorporate and retain existing open watercourses and, where possible, open up existing culverts and create new watercourses within their site design.
• Provide a minimum 9m wide undeveloped buffer strip for access, maintenance and natural flood storage, unless otherwise agreed with the relevant Drainage Authority.
• Avoid the need for culverting, unless it can be demonstrated no other alternative is feasible, ensuring that any new culvert will have no detriment to flood risk, long term maintenance and operation of the drainage system, or the environment.

• Mimic features of natural river morphology and hydrology where alterations to the bank of an ordinary watercourse are proposed or which create a new watercourse as part of a sustainable drainage scheme. Where it is not practicable to do so compensatory measures will be provided.
• Maximise opportunities to refurbish and/or renew existing assets (e.g. bridges, culverts and river walls) to ensure their lifetime is commensurate with the lifetime of the development (an assessment of the condition of the assets will be required).
• Not involve any building on top of a culverted watercourse, providing an easement of 3m either side, where appropriate.
• Make known the long-term arrangements for the management and maintenance of all watercourses, including culverts.

Development which would compromise access to watercourses or compromise the performance of flood defence or navigation facilities will not be permitted.

Justification

To improve plan clarity and following discussion at the Hearings ('unless otherwise agreed' to be added to bullet 3/ more information about culverts in policy and supporting text).

MM181

Category/ Policy No./ Paragraph No.

Policy CC5

Modification

Policy CC5: Sustainable Drainage

The Council expects all development to use SuDS as normal practice, giving priority to naturalistic solutions incorporated into the soft landscape of the development.

All development that results in increase in hard standing area or impacts on surface water flow paths must therefore will be required to use SuDS to reduce surface runoff, to:

• Reduce overall flood risk through the reduction in discharge rates and volumes to pre-development levels for previously developed sites; or
• Reduce discharge rates and volumes for greenfield sites

All development that results in increase in hard standing area or impacts on surface water flow paths must therefore In such cases, proposals must demonstrate:

• Priority has been given to naturalistic solutions incorporated into the soft landscape of the development.
• Demonstrate that the Surface water drainage is compliant with local requirements and design guidance set out in the Council's Sustainable Drainage SPD, National Standards and industry best practice.
• Design Integration of SuDS to deliver multiple environmental benefits, including flood risk and water quality management, biodiversity and landscape enhancement, and improve amenity, access and open space.
• Demonstrate that The discharge of surface water obeys the following priority order:
  • firstly, to ground via infiltration;
  • then to a water body at a rate no greater than greenfield runoff;
  • then to a surface water sewer at a rate no greater than greenfield runoff for greenfield sites, or at a rate to be agreed (as close to greenfield as possible, but a minimum betterment of 30% of the existing discharge) for previously developed land.
• Discharge to a foul water or combined sewer is unacceptable, unless in exceptional circumstances where it can be demonstrated that there are no feasible alternatives and that it will not result in increased flood risk on or off site.
• The condition and capacity of any receiving drainage network, demonstrating no detriment to flood risk, water quality or the environment.
• An appropriate allowance for climate change and, where necessary, urban creep.
• Demonstrate that surface water runoff is managed as close to its source as possible and flow and quality of the runoff is manged in stages.
• Demonstrate that the run-off from all hard surfaces shall will receive an appropriate level of treatment to minimise the risk of pollution.
• Show that suitable testing has been carried out to demonstrate whether infiltration is possible and that ground water would not be polluted. This may include undertaking a Groundwater Risk Assessment.
• Identify ownership and maintenance responsibilities for the entirety of surface water drainage system are identified and include a 'management and maintenance plan' is provided, which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the drainage scheme throughout its lifetime.

Discharge to a foul water or combined sewer is unacceptable, unless in exceptional circumstances where it can be demonstrated that there are no feasible alternatives and that it will not result in increased flood risk on or off site. Discharge locations must have capacity to receive all foul and surface water flows from the development.

All major applications must be accompanied by a Surface Water Drainage Strategy which demonstrates how the above criteria have been met.

In exceptional circumstances, where a sustainable drainage system cannot be provided, it must be demonstrated that it is not possible to incorporate sustainable drainage systems, and an acceptable means of surface water disposal is provided at source which does not increase the risk of flooding or give rise to environmental problems and improves on the current situation with a reduction in peak and total discharge.

Justification

To ensure that the policy is justified, effective and consistent with national planning policy

MM182

Category/ Policy No./ Paragraph No.

Section 16.7, Paragraphs 16.7.2 -16.7.3

Modification

16.7.2: Other options (e.g. private sewage treatments, septic tanks, cesspits or other more sustainable forms of sewage treatment) should only be considered if it can be clearly demonstrated by the developer that disposal to the public foul sewer is not feasible, taking into account cost and/or practicability.

16.7.3: Developers will be required to demonstrate the capacity in the sewerage system, on and off the site, and whether this is adequate to serve the development. A full assessment of the existing network against the scale of the development and its potential phasing should be provided to ascertain whether connection of the proposed development would lead to overloading of existing infrastructure and the need for the provision of any additional process plant and works capacity etc. Where there is a capacity problem and no improvements are programmed by the Water and Sewerage Company, the Council will require the developer to identify and fund appropriate improvements which must be completed prior to occupation of the development. The relevant water and sewerage companies must be consulted. The Local Planning Authority will seek to ensure that there is adequate water and wastewater infrastructure to serve all new developments. Developers are encouraged to contact the Water and Sewerage Company as early as possible to discuss their development proposals and intended delivery programme to assist with identifying any potential water and wastewater network reinforcement requirements. Where there is a capacity constraint the Local Planning Authority will, where appropriate, apply phasing conditions to any approval to ensure that any necessary infrastructure upgrades are delivered ahead of the occupation of the relevant phase of development

Justification

To improve plan clarity and following discussion at the Hearings.

MM183

Category/ Policy No./ Paragraph No.

Policy CC6

Modification

Policy CC6: Water Supply and Sewerage Infrastructure

Planning permission will only be granted for developments where it can be demonstrated that:

• adequate water supply is resources are available, or can be provided in time to serve the development and existing water resources , and will be safeguarded from the potential impacts of development,
• foul flows produced by the development will be drained separately from surface water run off to an agreed point of connection to a public foul sewer or, for non mains drainage proposals, where there would be no detrimental impact on the environment, and
• foul sewers and sewage treatment facilities (of adequate design and capacity) are available to meet the demand created by new development or, where they are not available, can be provided in time to serve the development to ensure that the environment and the amenity of local residents are not adversely affected

In accordance with Planning Policy Guidance, when there is a capacity constraint and improvements in off-site infrastructure are not programmed, planning permission will only be granted where the appropriate infrastructure improvements to the satisfaction of the relevant water and sewerage undertaker will be completed prior to occupation of the development.

Development which would overload available facilities and create or exacerbate problems of flooding or pollution will not be permitted.

Justification

For clarity and effectiveness

MM184

Category/ Policy No./ Paragraph No.

Policy CC7

Modification

Policy CC7: Water Quality

Any development that would have a direct impact on any watercourse (e.g. re¬alignment of a river or work to bridges) should demonstrate consideration of the impact of their development on water quality.

All new dDevelopment in close proximity to or discharging to a waterbody must demonstrate through a WFD assessment:

• That it has no adverse impact on the quality of waterbodies and groundwater, or will prevent future attainment of good status.
• That development contributes positively to the water environment and its ecology and does not adversely affect surface and ground water quality;
• How they have contributed to the protection and enhancement of waterbodies identified by the Anglian and Thames River Basin Management Plan objectives, covering the Ouse and Lea catchments.

For any development that would have a direct impact on any watercourse (e.g. re-alignment of a river or work to bridges) the impact of that development on water quality must be demonstrated.

For any water body that is already in the lowest status class (including poor groundwater quantitative status) under the WFD, the Council will expect development to deliver enhancements where rivers and lakes are not achieving good ecological status or potential. Development that would result in deterioration shall not be permitted. A Groundwater Risk Assessment will be needed to support a planning application where activities could directly or indirectly pollute groundwater.

New development will be supported where it delivers opportunities to enhance the quality of the water environment, for example by:

• Integrating SuDS and green infrastructure into new development;
• Managing and where possible reducing the risk of water pollution
• Reducing the effects of flooding and drought on water bodies, and the prioritisation of naturalistic flood defence over the provision of hard flood defences.
• Making modification to watercourses to restore 'natural' systems, including de-culverting, restoring or re-profiling rivers and naturalising river banks;
• Adopting water efficiency measures;
• Restoration of contaminated land; and/or

Opportunities identified by Catchment Partnerships and flood risk management authorities should inform development proposals.

Justification

To improve plan clarity and following discussion at the Hearings (define 'good status'/ add reference to WFD assessment).

MM185

Category/ Policy No./ Paragraph No.

Section 16.9, Paragraph 16.9.4

Modification

Insert new paragraph after paragraph 16.9.4 as follows:

16.9.5 The main source of air pollution within Central Bedfordshire is generated from road transport. There are currently three Air Quality Management Areas (AQMA) in Central Bedfordshire: Dunstable town centre, Ampthill town centre and at Sandy adjacent to the A1. The Council will require that new development in or near an AQMA does not have a negative impact on the local air quality . New development should be consistent with the Council's relevant Air Quality Action Plan.

Justification

To improve plan clarity and following discussion at the Hearings (include reference to remediation).

MM186

Category/ Policy No./ Paragraph No.

Policy CC8

Modification

Policy CC8: Pollution and Land Instability

All proposals for new development must have regard to the current national guidance as well as the Council's adopted standards and supplementary planning guidance Design Guide, Contaminated Land Strategy, Air Quality and Emissions Planning Guidance and Air Quality Action Plans* in terms of pollution and land instability. Pollution includes matters in relation to noise, waste management, litter, pests, vibration, odour, surface and ground waters, light, tranquillity, soil, contaminated land and airborne pollution.

Development proposals which are likely to cause pollution or land instability, or are likely to be exposed to potential unacceptable levels of pollution or land instability will only be permitted where it can be demonstrated that:

• In or near an AQMA, development would not have a negative impact on the local air quality and that 
• measures can be implemented to minimise the impacts of pollution and land instability to an acceptable level without compromising the quality of life for users and occupiers, which protects health, natural and historic environment, water quality, property, infrastructure and amenity; and
• The conditions of the site can be suitably mitigated or land can be remediated for the proposed end use and cause no adverse effects;

Where necessary the Council will use planning conditions and/or legal agreements to help limit the impact of pollution.

Justification

To improve plan clarity and following discussion at the Hearings (include reference to air quality and land remediation/ add reference to supplementary planning guidance in the policy).