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Chapter 3 – Sustainable Environment CHAPTER 3: SUSTAINABLE ENVIRONMENT 3.1 The environment in which we live is one of our greatest assets. It is a major contributor to our quality of life, to health, to the well being of communities and to sustaining life itself. Both complex and vulnerable, it is made up of a combination of natural and built components dominated by the activities of people. Our activities today shape our local environment, help determine quality of life, often hold the balance for survival of wildlife habitats and in many instances have far reaching consequences for the global environment as a whole. 3.2 The principles and methods agreed at international level, including the Rio “Earth Summit” and Local Agenda 21 agreements, rely upon people at local level to use their influence to prevent further deterioration. In order to maintain and improve quality of life for both future generations and ourselves and to respect the needs of wildlife and the delicate natural systems which support them we must take full responsibility for the environment and the consequences of our actions. 3.3 Every development proposal, no matter how small or seemingly insignificant, must take responsibility for its effect on the environment and so aim towards minimising its impact. When submitting planning applications, developers must demonstrate that the proposals will not harm natural assets and resources, or show that measures taken before, during and after development can mitigate these effects. They should also demonstrate how such development would lead to a more sustainable local environment – see requirement for sustainability statement (Policy SE1). 3.4 People should be given the choice and encouraged to live near their place of work, near schools and places which provide for daily services or needs, or be able to travel to them by passenger transport or by walking and cycling in safe and pleasant surroundings. Our environment should be shaped responsibly around the needs of people and the challenge which environmental conservation brings instead of around the needs of the car or demands for short-term development gain. Sustainable Environment Objectives 3.5 (1) To ensure that development proposals use sustainable principles and elements, which minimise their environmental impact and ensure lasting benefits. (2) To regenerate existing brownfield sites in support of urban renaissance within Watford, making the Borough a more pleasant and convenient place to live. (3) To reduce reliance on the private car by locating development within easy reach of pedestrians, improving passenger transport and promoting mixed use. (4) To ensure that Environmental Impact Assessment is carried out on large, locally significant and sensitive sites so that a properly informed decision can be made regarding development proposals. (5) To support design and initiatives which conserve energy and promote use of local and renewable sources. (6) To secure the protection of important environmental assets, as defined in the Hertfordshire County Structure Plan (1991 – 2011), from development which would Watford District Plan 2000 (Adopted December 2003) – Written Statement 9

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Chapter 3 – Sustainable Environment

CHAPTER 3: SUSTAINABLE ENVIRONMENT 3.1 The environment in which we live is one of our greatest assets. It is a major contributor to our

quality of life, to health, to the well being of communities and to sustaining life itself. Both complex and vulnerable, it is made up of a combination of natural and built components dominated by the activities of people. Our activities today shape our local environment, help determine quality of life, often hold the balance for survival of wildlife habitats and in many instances have far reaching consequences for the global environment as a whole.

3.2 The principles and methods agreed at international level, including the Rio “Earth Summit”

and Local Agenda 21 agreements, rely upon people at local level to use their influence to prevent further deterioration. In order to maintain and improve quality of life for both future generations and ourselves and to respect the needs of wildlife and the delicate natural systems which support them we must take full responsibility for the environment and the consequences of our actions.

3.3 Every development proposal, no matter how small or seemingly insignificant, must take

responsibility for its effect on the environment and so aim towards minimising its impact. When submitting planning applications, developers must demonstrate that the proposals will not harm natural assets and resources, or show that measures taken before, during and after development can mitigate these effects. They should also demonstrate how such development would lead to a more sustainable local environment – see requirement for sustainability statement (Policy SE1).

3.4 People should be given the choice and encouraged to live near their place of work, near

schools and places which provide for daily services or needs, or be able to travel to them by passenger transport or by walking and cycling in safe and pleasant surroundings. Our environment should be shaped responsibly around the needs of people and the challenge which environmental conservation brings instead of around the needs of the car or demands for short-term development gain.

Sustainable Environment Objectives 3.5 (1) To ensure that development proposals use sustainable principles and elements, which

minimise their environmental impact and ensure lasting benefits. (2) To regenerate existing brownfield sites in support of urban renaissance within Watford,

making the Borough a more pleasant and convenient place to live. (3) To reduce reliance on the private car by locating development within easy reach of

pedestrians, improving passenger transport and promoting mixed use. (4) To ensure that Environmental Impact Assessment is carried out on large, locally

significant and sensitive sites so that a properly informed decision can be made regarding development proposals.

(5) To support design and initiatives which conserve energy and promote use of local and

renewable sources. (6) To secure the protection of important environmental assets, as defined in the

Hertfordshire County Structure Plan (1991 – 2011), from development which would

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cause loss, damage or irreversible change to those characteristics which define their special quality.

(7) To encourage energy efficient and environmentally sensitive lifestyles. (8) To encourage a reduction in the production of waste materials, and promote their reuse

and recycling, or where this is not possible, ensure their safe disposal. (9) To protect and enhance the character of the green belt, and to encourage access to and

the enjoyment of green belt land. (10) To promote the environmental enhancement of Watford’s wildlife corridors and where

appropriate their recreational enhancement, such as within the Colne Valley Linear Park and Grand Union Canal Corridor.

(11) To minimise pollution and to ensure any form of pollution, air, noise, light or water is

limited to levels that are not detrimental to the quality of life and do not damage Watford’s natural systems.

(12) To ensure that new developments are considered against their potential for ground

instability, land contamination, hazardous and/ or polluting impact. (13) To ensure development takes full account of the need to protect and, where possible,

enhance water resources including measures to minimise flood risk. (14) To promote the conservation and sustainable management of biological diversity,

including protected species and sites of nature conservation importance, so that the quality of Watford’s natural environment is maintained and enhanced.

(15) To promote the protection and enhancement of Watford’s resource of trees, woodlands

and hedgerows. (16) To ensure that development proposals take account of the particular characteristics of

their local landscape (with reference to the Landscape Character Area Assessment). (17) To promote the concept and implementation of Home Zones and Green Zones.

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Making Development Sustainable 3.6 SE1 Making Development Sustainable

All development proposals (except ‘householder’ development) should submit a statement demonstrating the extent to which sustainability principles have been incorporated into the location, design, construction and future use of their proposals. The statement should be guided by the criteria set out in the sustainability checklist in Appendix 1.

Development will not be permitted unless it is demonstrated that sustainable development principles are satisfied through compliance with the policies of this Local Plan and Government statements of planning policy. The Council will encourage all future developments to be on brownfield (i.e. previously developed) sites.

3.7 The Council recognises the fundamental role which this Plan plays in contributing to the aim

of making development in Watford more sustainable. Encouragement will be given to proposals which bring about environmental or community benefits. Elements of sustainability principles may be incorporated into design including orientation for energy conservation; retention of natural, cultural and historic features; encouragement of non-motorised travel modes; avoidance of pollution; conservation of water resources; and promotion of wildlife habitats and ecological gain.

3.8 Applicants will be required to submit a statement to demonstrate how sustainability principles

have been incorporated into their proposals. These statements should be guided by the Sustainability Checklist (Appendix 1) which sets out specific sustainability criteria and the Plan policies which address these. Advice should be sought from the local planning authority on the range of criteria covered and in what detail.

3.9 SE2 Mixed-Use Developments

The Council will encourage mixed-use developments where they will be beneficial through their associated environmental benefits. Especially in instances where they will reduce the need to travel and car dependency, and promote urban regeneration and social cohesion.

3.10 Mixed-use developments, which combine homes, community facilities and employment, help

to reduce the need to travel greater distances for work or services, bringing vitality and diversity to an area. Appropriate mixed-use developments are more sustainable than developments consisting of a single use and can help to create viable, economically healthy urban centres.

3.11 SE3 Environmental Impact Assessments (EIA)

In accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and DETR Circular 2/99 (Environmental Impact Assessment), the Council will require Environmental Impact Assessments (EIA) for transport (see Policy T4: Transport and New Development) and development projects that will potentially have a significant impact on the area’s environment. This includes impacts on natural, built and historic features of importance and on public health. This requirement is mandatory for development proposals included in Schedule 1 of the above Regulations.

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In cases where EIA is not mandatory (i.e. those set out in Schedule 2 of the Regulations), the Council would normally expect EIA to be carried out for the following types of development:

a) For major projects of more than local importance which are likely to have significant environmental effects by reason of their size or scale.

b) For projects in particularly sensitive locations, including Sites of Special Scientific Interest, Local Nature Reserves, Registered Historic Parks, Conservation Areas, Scheduled Ancient Monuments and Listed Buildings of Grades I and II, and canal and river corridors.

c) For projects with particularly complex and potentially harmful effects on the natural environment or public health.

3.12 Environmental Impact Assessment (EIA) involves the collection of information about the likely

environmental effects of a large or potentially harmful development so that a properly informed decision can be made. The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, specify projects for which an EIA is mandatory, those where the EIA is ruled out, and where a case-by-case judgement must be made as to whether an EIA is required. If necessary, the Council will consult with appropriate expert organisations where there is doubt as to whether an EIA is required. Government guidance is provided by Circular 2/99 (Environmental Impact Assessment).

3.13 Where required, an EIA must accompany an outline or detailed planning application. It must

not be dealt with under reserved matters. Resources - Energy 3.14 SE4 Energy Efficient Design The Council will, in principle, support initiatives to conserve energy and to utilise local

energy sources by: a) Encouragement of energy conservation in building design, minimising the energy

needs of buildings, e.g. through the use of materials to limit heat loss, efficient internal layout making use of heat transfer and natural lighting or combined heat and power (see SPG 18: Energy Efficiency);

b) Seeking energy efficient site layouts (e.g. building orientation to make full use of south facing rooms: ‘passive solar design’);

c) Inclusion of landscaping schemes which contribute to energy conservation and enhancement of micro-climates (e.g. shielding from prevailing winds, allowing filtration of natural light) whilst respecting the landscape character of the surrounding area.

3.15 Energy demand can be significantly reduced through more efficient use. It is estimated that by

using cost-effective energy efficiency methods and technology, up to one-fifth of the UK energy bill could be saved. The Council will encourage development proposals which incorporate energy efficient technologies and methods including, but not limited by, those identified in SPG 18: Energy Efficiency.

3.16 SE5 Renewable Energy

Proposals for the development of renewable energy sources will be supported in principle, having regard to the:

a) visual impact and in particular impact on the Green Belt; b) level of traffic generation;

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c) level of pollution emissions; d) impact on features or areas of ecological, architectural, landscape or conservation

importance; e) impact on adjoining properties and land holdings; f) Hertfordshire County Council guidance and Planning Policy Guidance Note 22.

The Council will seek to identify suitable sites for renewable energy during the life of this Plan.

3.17 The development of renewable sources of energy brings opportunities for increased diversity

and security of power supply, and the reduction of ‘greenhouse gas’ emissions which contribute to climate change. Renewable energy sources include harnessing solar, wind, sewage and farm slurry, plant crop conversion and the digestion of waste (biomass).

3.18 The UK government is committed to securing 10% of electricity demand from renewable

sources by 2010. The East of England regional target is 14% by 2010. The Council supports this 14% target, recognising that renewable energy projects tend to be much smaller in power output than conventional sources so are more likely to be subject to local planning consent. There will be support in principle for proposals which are economically sound, environmentally acceptable (including pollution, traffic and visual impact), and in accordance with local policies and PPG 22: Renewable Energy.

3.19 The Eastern Region Renewable Energy Planning Study (ETSU 1997) identifies suitable

opportunities for renewable energy projects in Hertfordshire as including active and passive solar (including photovoltaic cell energy); digestion of waste (biomass); short crop rotation coppice and forestry; straw and other minor sources.

Resources- Minerals, Waste and Recycling 3.20 SE6 Minerals and Waste Consultation

When consulted by the Hertfordshire County on issues relating to minerals and waste management, and development applications related to such matters, the Council will have regard to factors including:

a) likely traffic generation and site access; b) residential amenity; and c) impact on open space and wildlife habitat.

Developments which would be likely to prejudice the extraction of known mineral supplies will not be permitted.

3.21 Under the Planning and Compensation Act 1991, this local plan may not contain policies in

respect of minerals or waste disposal. Such matters are dealt with by the County under the Hertfordshire Minerals Local Plan 1991-2006 and the Hertfordshire Waste Local Plan 1995-2005. However, the Council may be consulted on matters such as site access.

3.22 The Hertfordshire Waste Local Plan encourages the minimisation, reuse, recycling and use of

waste as a fuel as preferable approaches to disposal. It regards the transportation to landfill as a last resort and endorses the proximity principle whereby waste should be dealt with as near as possible to its source. The Hertfordshire Waste Local Plan forms part of the Development Plan for Watford and will be used when considering planning applications.

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3.23 The Council is committed to the retention, or where necessary the replacement, of existing waste and recycling facilities, in line with Policy 18 of the Hertfordshire Waste Local Plan. The Council Depot at Wiggenhall Road is proposed for residential use – Housing Proposal Site 25, Table 2. Redevelopment of this site will only be allowed once the existing waste and recycling facilities have been relocated to an appropriate site nearby within the Borough and are fully operational.

3.24 SE7 Waste Storage, Recovery and Recycling in New Development

In considering all development proposals which are likely to generate waste, the Council will have regard to the extent to which on-site provision is made for waste collection, source separation, recovery and recycling facilities.

For developments likely to generate significant waste, the Council will have regard to existing local facilities, Policy 11 of the Hertfordshire Waste Local Plan and SPG 25 – Litter and Waste Management. Where appropriate the Council will consult with the Hertfordshire County Development Unit and may grant permission subject to conditions or seek to enter into a planning obligation with the developer to provide facilities.

3.25 Sufficient provision for the waste storage, recovery and recycling within the site should be

made for all developments. Separate storage areas for waste and recyclables should be enclosed and easily accessed for collection purposes. Planning permission will not be granted where inadequate storage or access would be liable to result in temporary storage of materials outside the property boundary or at risk to public health.

3.26 SE8 Re-use of Materials in New Developments

The Council will encourage the appropriate re-use of clean excavated material from construction projects, including from the proposed development itself, as preparation for development, land restoration or site landscaping. In the construction phase, reclaimed and recycled aggregates and building products should be used where possible within buildings and other structures in place of natural aggregates or previously unused materials.

In considering non-‘householder’ applications for development, conversions and refurbishment, the Council will require applicants to demonstrate the degree to which waste minimisation principles have been reflected in the proposal, in accordance with Policy SE1 and the sustainability checklist set out at Appendix 1.

3.27 The Council wishes to encourage development that takes recycling, use of environmentally

sensitive building materials, waste minimisation and careful use of resources into consideration (see Policies U1 and U2). Particular encouragement will be given to proposals that help to conserve natural resources through the use of recycled materials.

3.28 The submission of a sustainability statement in accordance with Policy SE1 is intended to

help applicants to demonstrate the ways in which they have considered waste minimisation principles in their proposals. Some examples of waste minimisation practice are already given in Appendix 1, but applicants may also wish to consider including measures in their proposals to:

• Minimise, re-use, reclaim and recycle waste generated by the development • Optimise the use of recycled construction materials

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• Minimise the pollution potential of waste and dispose of unavoidable waste in a way that minimises any adverse environmental effects within the context of sustainable development

• Ensure that adequate space is available to facilitate waste recycling through separation, storage, handling, bulking and collection of waste generated within the development and the property.

The Green Belt 3.29 SE9 Green Belt – New Development

Within the Green Belt, identified on the Proposals Map, planning permission will not be given, except in very special circumstances as detailed in PPG2, for new buildings for purposes other than:

a) agriculture and forestry; b) essential facilities for outdoor sport and recreation, cemeteries and for other uses of

land which preserve the openness of the Green Belt and which do not conflict with the purposes of including land within it;

c) the limited extension or alteration of an existing dwelling which does not result in a disproportionate addition over and above the size of the original building;

d) the replacement of an existing dwelling where the new dwelling is not materially larger than the one it replaces;

e) limited infill or redevelopment of major sites identified by, and in accordance with, Policy SE13 of this Plan.

3.30 The Green Belt around Watford has proved very successful in containing development,

helping preserve the character of Watford, preventing its merger with adjoining towns, assisting urban regeneration and safeguarding adjoining countryside and green spaces. The permanence and protection of the Green Belt remains an essential feature of this Plan. No alteration to the Green Belt boundary is proposed by this Plan nor is it required to accommodate any future development needs. The urban nature of the Borough of Watford means that the protection of its surrounding Green Belt land is of particular importance. The Council will seek to protect Green Belt land for the benefit of all in accordance with PPG 2: Green Belt, the Hertfordshire Structure Plan Review 1991-2011 and other relevant policies within this Plan.

3.31 It is noted that engineering and other operations within the Town and Country Planning

(General Permitted Development) Orders, including the consolidated general development orders, as they apply to essential canal and river management and operations, will not be affected by this provision.

3.32 SE10 Cemeteries, Memorial Gardens and Green Burials

Cemeteries and memorial gardens with essential small-scale ancillary buildings are considered appropriate in the Green Belt. Proposals should:

a) take advantage of natural contours; b) ensure landscaping screens any memorials or structures from long distance views; c) incorporate suitable parking provision and landscaping to ensure that vehicles are

parked in off-road locations; d) comply with the County Council’s policy for traffic on rural roads; e) not compromise the visual amenity and the openness of the Green Belt; and f) not adversely affect the environment, specifically local surface and groundwater

resources.

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The Council will seek to identify a site for a new cemetery. The Council will also support sustainable woodland and green burial schemes.

3.33 Watford’s current burial capacity is due to run out by 2005. Whilst no site for a new cemetery

has yet been identified, the Council intends to actively seek to identify a suitable site in consultation with those concerned. Any proposal will need to have regard to a number of constraints to safeguard the environment. The Council recognises the environmental benefits of ‘green burials’ and will support suitable proposals either as part of a proposed cemetery or as a separate facility. Crematoria are not considered to be the same as cemeteries due to their different environmental impact and do not enjoy the same presumption that they may be located in the Green Belt.

3.34 SE11 Re-Use of Existing Buildings in the Green Belt

The re-use of existing buildings in the Green Belt will be permitted provided that: a) the use of the buildings or associated land does not have a materially greater impact

than the present or (if vacant) last use on the openness of the Green Belt or the purposes of including land in it;

b) the buildings are of permanent and substantial construction and are capable of conversion without major or complete reconstruction;

c) the form, bulk and general design of the buildings after conversion are in keeping with their surroundings;

d) the redevelopment of the site does not give rise, either directly or cumulatively (with other developments in the area), to transport, amenity, landscape or environmental impacts that harm the objectives of green belt designation.

3.33 3.35 PPG2 pro

factors and facilitating suitable recreational use. 3.36 SE12 Visual Amenity of the Green Belt

The Council will protect the visual amenities of the Green Belt by not permitting development within, or conspicuous from, the Green Belt which might be visually detrimental by reason of its siting, materials or design.

3.37 As the Green Belt is well established, opportunities must be found to enhance the character of

the Green Belt. In addition to its strategic role in containing development, the Green Belt also provides a valuable open landscape within the Borough. It is therefore important that the open character and visual amenities of the Green Belt are protected from harmful development, whether within the Green Belt, or adjacent to it, but potentially equally damaging.

3.38 All proposals for development within the Green Belt should also have regard to the other

relevant policies of this Plan, including those relating to landscape (Policies SE17 and SE40), transport (Policy T4), and nature conservation (Policies SE31, SE32 and SE33).

3.39 SE13 Major Developed Sites in the Green Belt

The following sites have been identified as Major Developed Sites on the Proposals Map:

i) the Grove Water Treatment Works ii) the Leavesden Studio Site (see also Policy SE14)

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In accordance with Annex C of PPG 2 (Green Belts) there may be limited infilling of these sites to secure jobs and prosperity without prejudicing the Green Belt. Such infilling should:

a) have no greater impact on the purposes of including land in the Green Belt than the existing development;

b) not exceed the height of the existing buildings; and c) not lead to a major increase in the developed portion of the site.

These sites may offer the opportunity for redevelopment which lead to environmental improvement without adding to their impact on the openness of the Green Belt. In accordance with Annex C of PPG 2, such redevelopment should:

a) have no greater impact than the existing development on the openness of the Green Belt, and the purposes of including land within it, and where possible have less;

b) contribute to the achievement of Green Belt land use objectives; c) not exceed the height of the existing buildings; and d) not occupy a larger area of the site than the existing buildings.

Such redevelopment would require a site brief in accordance with PPG 2 and the policies of this Plan.

3.40 PPG 2 permits the identification of ‘major developed sites’ within the Green Belt, such as

water and sewage treatment works, civil airfields, and education establishments. Two such sites have been identified within Watford’s Green Belt; the Leavesden Studios Site and the Grove Water Treatment Works, on the basis of their size, the scale of existing development, and other criteria as suggested by PPG 2. These sites are mostly in continuing use and it is anticipated that the need for some development will continue. Infilling or redevelopment which meet the criteria summarised above and fully described in Annex 2 of PPG 2, may be appropriate. These sites remain subject to the Green Belt policies and other specific policies of this Plan.

3.41 SE14 Leavesden Studios Site

The Leavesden Studios (former Aerodrome) site as designated on the Proposals Map will remain in the Green Belt. Redevelopment will conform to the criteria in PPG2 C4 (a), (b) and (c). C4(d) should be interpreted to indicate that redevelopment will not exceed 32 hectares as stated in condition 4 of the outline permission.

3.42 The Leavesden former Aerodrome site includes film studios, housing, offices, sports and

playing fields and access roads. The site is predominantly within Three Rivers authority. Developers (MEPC UK Ltd) which acquired the site in 1999, do not intend to implement the full 1995 outline planning permission. A revised master plan envisages a landscaped business park and redevelopment of the film studios.

3.43 This site is a Major Developed Site in the Green Belt as referred to by PPG2: Green Belt and

subject to Policy SE13: Major Developed Sites in the Green Belt. 3.44 SE15 Sporting Facilities in the Green Belt

Watford District Plan 2000 (Adopted December 2003) – Written Statement

The Council will in principle permit development proposals which are essentially required to enable existing facilities for outdoor sport and recreation within the Green Belt to be upgraded to meet modern requirements. The Council recognises that the resulting extension or redevelopment may be over and above the size of the original building.

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The Council will expect all development proposals

a) to reflect the special nature of the Green Belt (see Policies SE11 and SE12) b) to be of high design quality (see Policies U1, U2, U3 and U4) c) not to give rise, either directly or cumulatively (with other developments in the area) to

transport, amenity, landscape or environmental impacts that harm the objectives of Green Belt designation.

3.45 The existing sports facilities in the Green Belt include the Fullerian Rugby Club and Watford

Rugby Club. Both clubs have outdated clubhouses that need modernising. The modernisation of the clubhouses will enable both clubs to continue to fulfil the needs of modern day sports such as providing for women, children and the elderly within a local and regional context. The modernisation will also enable the clubhouses to provide up to date access arrangements to enable those with mobility impairment to have access to the building and participate in the sport.

3.46 SE16 Public Access to the Green Belt

The Council will encourage greater public access and use of land within the Green Belt for informal and, where appropriate, formal leisure uses, and promote the use of non-motorised routes (inclusive of mobility vehicle access) (see Policies T6, T7 and T9).

3.47 The Colne Valley Linear Park and the Grand Union Canal Corridor are locations where public

access for leisure is particularly appropriate (see Policies SE18 and SE19). 3.48 SE17 Landscape Improvement Schemes

The Council will encourage landscape improvement schemes and restoration projects in landscape development areas identified on the Proposals Map.

3.49 Two areas of the Green Belt are identified on the Proposals Map as landscape development

areas - land off Hempstead Road/Russell Lane and land between North Western Avenue and the M1 motorway. The landscape quality of these areas has been eroded and/or is likely to be vulnerable to change or pressures affecting their landscape quality and appearance. Designation as landscape development area compliments the aim to retain these sites as permanently open Green Belt by promoting landscape renewal, improvement and the creation of new landscapes. Landscape enhancement will be sought wherever possible through voluntary agreements in the form of land management practices and where appropriate direct action in conjunction with the County Council and other relevant organisations.

3.50 SE18 Colne Valley Linear Park

The Council will seek to improve the Colne Valley Linear Park, as identified on the Proposals Map, and its use and enjoyment by the public by:

a) establishing or improving continuous paths for non-motorised movement, inclusive of mobility vehicles. Such routes should enhance wildlife corridors and links both within the park and from adjoining areas as part of appropriate development and redevelopment proposals within or adjacent to the park;

b) protecting the character and visual amenities of the park by preventing intrusive developments by reason of their siting, design, detail to landscaping, materials or use from both within or adjacent to the park;

c) seeking ways to protect and improve the water environment and diversity of wildlife (see Policies SE26, SE27, SE28, SE29 and SE30);

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d) promoting greater public awareness and use of the park; e) encouraging consultation and partnerships and preparation of the Colne Valley

Strategy which will form Supplementary Planning Guidance; and f) any proposed illumination should be in accordance with Policy SE23: Light Pollution.

3.51 The Colne River Valley Strategy is currently being prepared to replace the 1980 strategy. The

document will include elements of design guidance and environmental management. 3.52 The Council recognises the regional and local importance of enhancing a highly urbanised

section of the Colne through consultation and partnership with communities and relevant agencies. Enhancement proposals should be consistent with the Environment Agency LEAP document .

3.53 The Watford area of the park is a mix of open spaces, which are partly in the Green Belt and

built areas. The aim of the strategy is to improve the access and environment. The park’s importance is in providing formal and informal recreational facilities, promoting wildlife conservation, achieving environmental improvements and providing non-vehicular transport routes. Priority remains in establishing continuous footpath and wildlife corridor links.

3.54 SE19 Grand Union Canal Corridor

The Council has adopted a study of the Grand Union Canal. The study will form Supplementary Planning Guidance to this Plan, and as such development within the area identified on the Proposals Map, should be consistent with its recommendations.

3.55 The Grand Union Canal: Abbots Langley to Rickmansworth Corridor Study Area is identified

on the Proposals Map. A study of the Grand Union Canal has been prepared, with the aim of promoting and enhancing the image of the canal corridor and its environs as a valuable environmental, recreational and tourism resource. The study is based on wildlife and landscape conservation and enhancement, promotion of public access, public art, tourism, information improvements and potential for low intensity uses. In particular, pedestrian and cycle routes and opportunities for water related activities are detailed in the study. Canal development should also be in accordance with PPG 25: Development and Flood Risk (Paragraph 37), and other policies of this plan.

3.56 Implications from the Study for development within the Grand Union Canal Corridor Area are

summarised as follows: • Canal Regeneration: The inherent character of the canal should be maintained when

development is undertaken. • Landscape Improvements: Environmental enhancements of land adjacent to the canal,

including habitat improvement, edge planting, and development in conjunction with public footpath and cycleways should be encouraged.

• Signage: Co-ordination of signage is required along the canal length, both within Watford and between adjacent Local Authorities. Directional signage to the towing paths should be provided at bridges that cross the canal. Interpretation boards should be located at bridges and the towing path, to provide information on the history and importance of that part of the canal and surrounding features. Any development of walkways within the corridor area should provide signage to link the canal to the walkways.

• Access: Improved access is required to the canal, particularly to maximise links to recreational areas.

• Community Events: Canal-based events at major recreation nodes (e.g. Cassiobury Park) and canal trips linking sites within Watford would be beneficial.

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• Visitor Facilities: Adequate refreshment facilities alongside or near the canal are necessary. Seating of an appropriate design is required at regular intervals along the canal corridor, particularly within Cassiobury Park. Seating is not appropriate at some locations, for example in the vicinity of Cassio Bridge Lock, where gathering at the lock should be discouraged.

• Moorings: Unauthorised residential moorings (e.g. at Cassiobury Park) should be dissuaded through the use of techniques such as planting vegetation on the opposite side of the canal to the towpath (offside).

• Public Art Initiatives: Development along the canal should promote the linear sculpture network, with Cassiobury Park as a key focus for public art and for visitor participation.

• Local Walks and Heritage Trails: The development of local walks and heritage trails should be promoted, particularly along the Cassiobury Park, Grove Mill Lane Conservation Area and The Grove lengths of the canal corridor. The marketing of walks from local places of interest and pubs along or near the canal should be undertaken.

• Cycling: The development of cycle routes along the canal should be encouraged, having regard to safety, maintenance and environmental design issues.

• Site Specific Guidance: The study provides site-specific guidance along the canal corridor. Of relevance to Watford is guidance relating to Cassiobury Park and Two Bridges, The Grove, and Hunton Bridge/ Leavesden Studios. Matters raised in this guidance are included in the bullet points above.

3.57 The Study will be used as a material planning consideration in assessing development

proposals along the canal corridor. In addition, the use of the canal for freight or passenger transport purposes or recreational use will be supported in principle (see Policy T19).

Environmental Quality 3.58 SE20 Air Quality

In determining planning applications it will be important to consider the impact of a development in terms of the effects on air quality caused by both the operational characteristics of the development (industrial, commercial and domestic) and the traffic generated by it. The Council will have regard to the potential effects of a development on local air quality when determining planning applications.

3.59 In considering the impact of a proposed development on air quality, the Council will liaise with

the pollution control authorities (the local Environmental Health and Licensing Service or Environment Agency). The Council may require the submission of information and modelling to indicate the potential impact of atmospheric emissions, or the effect on background pollution concentrations. This should particularly be the case where a development is proposed in, or close to, an Air Quality Management Area (AQMA). Where local air quality is identified as being a risk to health, and the potential problem is incapable of being overcome by a condition or planning obligation, then this may be cause for refusal of planning permission.

3.60 SE21 Air Quality Management Areas

Any development within areas designated as air quality management areas in Watford must have regard to guidelines for ensuring air quality is maintained at acceptable concentrations as set out in the national air quality strategy. In addition, where developments are close to AQMAs, and a significant increase in road traffic is predicted, similar regard to air quality concentrations must be had.

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3.61 Major developments can have an effect on air quality. Road related development as well as some types of industry can both increase emissions. The Environment Act 1995 places a duty on local authorities to review and assess air quality in their districts. Those areas that are expected to exceed national guidelines in the year 2005 will be deemed Air Quality Management Areas (AQMAs) and a strategy will need to be devised by the Council to reduce pollution concentrations accordingly.

3.62 The Council completed its initial assessment of air quality across the Borough in 2001. This

identified six areas where the objectives laid down in the Air Quality Regulations 2000 could, on occasion, be exceeded, as follows:

- Close to the M1 - Close to the A41 - Close to the A4008 (Pinner Road) - Close to the A4178 (Cassio Road/Wiggenhall Road) - Close to the A411 (Hempstead Road) - Close to the A412 (Rickmansworth Road)

In each case, the pollutants of concern were nitrogen dioxide and ‘PM10’ particles (small particles of dust). Both are traffic-related pollutants. As no significant public exposure was identified in any of these areas, no Air Quality Management Areas were declared. However, the areas remain of concern.

3.63 The Council is currently repeating the Review and Assessment process. Early indications are

that nitrogen dioxide and ‘PM10’ particles may again be problems in areas close to some of the Borough’s busiest roads.

3.64 Air Quality is an issue of sustainability, identified as a key element in the reduction of health

risks from environmental pollution and hazards, also impacting on the built and natural environment. Its improvement is a major factor in the Quality of Life received by Watford’s population. Air Quality is being monitored at a number of sites across the Borough including at the Town Hall.

3.65 SE22 Noise 3.55 In accordance with PPG 24: Planning and Noise, the Council will seek to ensure the

separation of noise sensitive uses (such as schools, hospitals and residential uses) noise-generating development or from areas where there are future potential sources of noise. In exceptional cases where separation can not be achieved, the Council may impose conditions or obligations to mitigate the effect of noise nuisance by reduction at the source, design and layout, or by limiting times of operation.

3.66 Noise can have a significant effect on the environment and the quality of life enjoyed by

individuals and communities. The Council will seek to restrict proposals which contribute to excessive noise generation, and ensure that noise-sensitive developments are separated from major sources of noise. This will be achieved in accordance with PPG 24: Planning and Noise and the Council’s SPG 19: Noise Attenuation Guidelines. These guidelines will be a material consideration in the determination of planning applications.

3.67 SE23 Light Pollution

In order to minimise light pollution, full details will be required where external lighting is likely to be required as part of a development. External lighting scheme proposals, including floodlighting, will only be approved where it can be demonstrated that:

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a) the scheme proposed is the minimum needed for security and/or operational purposes; b) it minimises the potential pollution from glare and light spillage; c) there would be no adverse impact on residential amenity; d) there would be no adverse impact on the character or openness of the Green Belt; e) it would not adversely affect ecological interests; f) there would be no dazzling or distraction of users of roads and waterways; and g) it complies with Policies U1, U2, U3, U4 and U5.

The Council may grant permission subject to conditions minimising the impact of external lighting on the safety and amenity of surrounding areas. These may include better technology, controlling the times of operation, or the design of landscaping.

3.68 Floodlit buildings can add interest to towns and lighting can improve security and community

safety. Recreational and leisure facilities, such as sports playing facilities, may require floodlighting and this can optimise their use and viability. However, light spill from such installations can result in what is termed ‘light pollution’. Adjoining residential properties can be adversely affected through night time disturbance. Appearance of multiple masts and columns may erode visual amenity. Lit facilities may also have a detrimental effect on wildlife, disturbing nocturnal mammals and insects and impairing the navigational ability of birds. The Institute of Lighting Engineers publishes guidance notes and standards for Reduction of Light Pollution.

3.69 SE24 Unstable and Contaminated Land

The Council expects applicants for planning permission to disclose information regarding the possible contamination or instability of a site. Where it is only suspected that the site may be contaminated, or where there is evidence that there is only slight contamination, the Council will impose a condition on any planning permission granted to require a site investigation and assessment prior to development. Where it is known or strongly suspected that the site is significantly contaminated, the Council will require a risk-based site assessment and, if necessary, proposals for remedial works prior to determining an application for planning permission. Where decontamination or maintenance cannot be guaranteed to have no adverse effect, permission for development on contaminated land will be refused. Where a site investigation reveals contamination which represents unacceptable risk to any receptor, applicants will be required to submit proposals for the safe development of the site, including appropriate risk management options and the maintenance of pollution prevention measures.

The Council should also be satisfied that measures have been taken to ensure that the proposed development will not lead to land instability during works or following completion in accordance with PPG14: Development on Unstable Land.

The Council may consult with appropriate organisations in order to properly assess the information provided by applicants, and will have regard to expert advice offered when determining applications for development.

3.70 The potential for ground instability or contamination will be considered in relation to all new

developments. Both past and present uses of land can create problems of land contamination, which is particularly associated with historic waste disposal, industrial activities and sewerage treatments. This plan cannot define areas where specific consideration of instability or contamination will be required, because local ground conditions can vary

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considerably and evidence of contamination is sometimes only found on close examination of the site. However, applicants should take into account previous uses on the land or adjacent land when considering whether contamination might be present.

3.71 Applicants should also seek expert advice on the possibility of instability affecting their

proposals, particularly in areas close to natural or artificial steep slopes, landfill sites and on certain soil types (e.g., highly shrinkable clays and some river valley deposits). The Council should be satisfied that any proposal will not contribute to land instability. Contamination may also limit the type of development that can take place. Applicants should consult the Contaminated Land Officer within the Council’s Environment, Health and Licensing Department who will advise on specific requirements appropriate to the site.

3.72 The possible or potential effects of land contamination and instability on health and the

environment (including water supplies and resources) must be fully taken into account when considering development proposals. Wherever possible and practical, sites which are known or found to be contaminated shall be reclaimed by removal or treatment, or the source of contamination contained, and the site brought into safe and beneficial use.

3.73 When considering development applications where there is potential for contaminated land,

the Council will have regard to the Environmental Protection Act 1990 (Part 11A), the Contaminated Land Regulations 2000, PPG 23 (Planning and Pollution Control) and DETR Circular 2/2000. Under the ‘polluter pays’ principle the costs of carrying out any remediation works are likely to fall on those responsible for the contamination, or those with a capital interest in the land, although the responsibility for remediation will be established on a case by case basis in accordance with the Council’s Statutory Contaminated Land Strategy and the relevant legislation.

3.74 It should be noted that the Council also has responsibilities for managing contaminated land

outside the planning process, pursuant to the above legislation and statutory guidance. For example, the Council has a duty to identify contaminated land within the Borough, and to produce and implement a Contaminated Land Strategy, which outlines how this identification of contaminated land will be addressed. It is the Council’s intention that contamination issues within the Borough will be appropriately addressed through both the planning and non-planning functions.

3.75 SE25 Potentially Hazardous or Polluting Development

Proposals for potentially hazardous or polluting development will only be permitted where the Council is satisfied that there will be no risk to public health or the environment and no significant adverse effects on the general amenity resulting from release to water air or land, or from noise, dust, vibration, heat or light. Proposals should be accompanied by an EIA (refer to Policy SE3: Environmental Impact Assessments).

The Council will also have regard to the following criteria when determining planning

applications: a) Need for development in connection with existing industrial or waste management

facilities in order to meet statutory environmental standards and objectives. b) Wider economic and social need for the proposed development. c) The feasibility of securing pollution and nuisance controls during the lifetime of the

use, and restoration of the land so that it is capable of an acceptable and safe after-use.

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d) The ability to locate the proposed use at a significant distance from houses and other pollution-sensitive land uses. The Council will take into account existing land uses and areas designated in the Plan for these pollution-sensitive uses.

a) 3.76 PPG23: Planning and Pollution Control and DETR Circular 11/92: Planning Controls for

Hazardous Substances, states that it is the role of planning to regulate land uses and that potential pollution risks are the responsibility of the relevant licensing Authority. However, it is recognised that local planning authorities have an important role to play by:

a) regulating the location of development and the control of operations in order to avoid or minimise adverse effects on the use of land and the environment;

b) controlling other development in proximity to potential sources of pollution; c) determining substances under the Planning (Hazardous Substances) Act 1990 and

associated Regulations, which places specific controls over the storage and use of hazardous substances; and

d) ensuring that inappropriate development does not take place on contaminated land. 3.77 NOTE: NOTIFIABLE INSTALLATIONS

Certain pipelines are designated as notifiable installations by virtue of the quantities of hazardous substances stored, used or transported.

3.78 In accordance with the Planning (Hazardous Substances) Regulations 1992, Regulations 7-12

of the Control of Industrial Major Accident Hazards Regulations 1984 (as amended), the Notification of Installations Handling Hazardous Substances Regulations 1982 the Council will consult the Health and Safety Executive about any proposed notifiable installation and about any proposed developments in the vicinity of existing notifiable installations. The consultation distances are specified in SPG 20: Notifiable Installations.

The Water Environment 3.79 SE26 Watercourses

The Council will support in principle initiatives which protect and enhance watercourses, river corridors, floodplains, water meadows and open water areas. Where possible, through stewardship schemes, land adjacent to rivers, natural watercourses and edge treatments will be appropriately landscaped and restored. Development proposals should not detract from public access to river corridors, leisure use of water features, wildlife habitat corridor linkages and biodiversity objectives. The Council will resist proposals to culvert, encroach, or divert watercourses. Where feasible, the Council will require an appropriately-sized ‘buffer zone’ to be provided for any development adjacent to a watercourse.

3.80 Watford Borough’s main watercourses are the River Colne, River Gade, Grand Union Canal

and their tributaries. 3.81 SE27 Flood Prevention

The susceptibility of land to flooding is a material planning consideration. In accordance with PPG 25: Development and Flood Risk and SPG24: Flood Risk Management, the Council will resist any development which has potential to contribute to flood risk and have an adverse impact on river channel instability or damage to wildlife habitats. Built development in the functional flood plain, where excess water flows or is stored at times of flood, should be “wholly exceptional” and limited to essential infrastructure that has to be there. The extent of the floodplain is either

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defined by the Environment Agency (and shown in SPG 24: Flood Risk Management) or, where there is insufficient flood risk information, the onus will be on the applicant to carry out a satisfactory flood risk assessment to establish the extent of the functional flood plain.

Applications likely to require particular consideration of flood risk issues include those for development:

a) shown on an indicative flood plain map prepared by the Environment Agency; b) within or adjacent to any watercourse, particularly where there may be potential for

flash flooding; c) adjacent to or including any flood bank or other flood control structure; d) situated in an area where the Agency has indicated that there may be drainage

problems; e) likely to involve the culvert or diversion of any watercourse; f) of such a size or nature relative to the receiving watercourse/ drainage system that

there could be a significant increase in surface water run-off from the area, including the cumulative effect of smaller developments; or

g) which, due to a change of use or otherwise, would increase the number of people at risk within the flood plain.

Applicants pursuing a development proposal identified by the Environment Agency to be within an area of flood risk should first consult with the Agency on the potential risks to their development, the likely effects of their proposals on others, and on whether mitigation would be likely to be effective and acceptable. A flood-risk assessment should be carried out. This may require detailed hydrological and hydraulic investigations to determine the risks at particular sites, and to inform the process of detailed design and the selection of mitigation measures.

In considering development proposals, the Council will take into account matters including:

a) advice from the Environment Agency as the lead agency on this matter, and other agencies as appropriate;

b) the sequential test in allocating priority or permitting sites for development (see PPG 25 and SPG 24: Flood Risk Management);

c) the potential for restoration of functions to flood plains to contribute to more sustainable flood management, as well as amenity landscape and biodiversity objectives (see Policies SE33: Nature Conservation and Biodiversity and SE30: Surface Run-off and Sustainable Drainage systems);

d) consideration of flood risk and its management needs applied on a whole catchment basis, and not restricted to flood plains;

e) any flood defences or mitigation works to be met by the developer; f) the extent to which the applicant has demonstrated that they have applied the guidance

contained with in Appendix E of PPG 25 on Sustainable Drainage systems. The Council will use conditions and planning obligations where appropriate to

minimise potential for flood risk. The Council will apply the precautionary principle to the issue of flood risk in planning decisions (see Paragraphs 12.4 – 12.6: Precautionary Principle).

3.82 On both a national and global scale damage from flooding is greater than from any other

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management and the increase in development in areas of risk have contributed to worsening flooding both in frequency and scale. Further, climate change has introduced a degree of uncertainty in the potential for escalation of this problem. The Council will seek to ensure that flood risk will be properly taken into account in the planning of developments to reduce the risk of flooding and the damage which floods cause.

3.83 In accordance with policies in the Hertfordshire Minerals Local Plan (1991-2006) and SPG24:

Flood Risk Management, there is a presumption against development in the flood plain. Development in the functional flood plain should be wholly exceptional, and consistent with broader sustainability objectives.

3.84 SPG 24: Flood Risk Management will incorporate mapping of Areas of Local Flood Risk

(following Environment Agency advice), and application of the ‘sequential test’ to such areas. Subsequent modelling information will be used to provide detail of the:

a) Functional Flood Plain- where water flows and is held at times of flood; b) Identification of sites where restoration of functions to flood plains could contribute to more

sustainable flood management, as well as amenity landscape and biodiversity objectives. 3.85 The Council will liase with the Environment Agency, which is the lead authority on this matter,

to ensure the community receives precise and up-to-date advice. 3.86 In cases where other material considerations outweigh the risk of flooding and point to a

proposed development being permitted, any necessary and appropriate flood defences or flood mitigation works should normally be fully funded by the developer and at no public expense. In such cases, planning obligations would only be appropriate where agreement is reached on the provision of that contribution between the Council, the Environment Agency and other relevant authorities. Where no agreement is reached, the application should be refused in accordance with the precautionary principle.

3.87 SE28 Groundwater Quality

Development that would be likely to pollute the aquifer or unduly affect the water table will not be granted permission. Where there may be a risk to groundwater quality, flow or volume, the Council will apply the criteria outlined in the Environment Agency publication ‘Policy and Practice for the Protection of Groundwater’ (and subsequent guidance), PPG 12: Development Plans (5-288), and other relevant legislation and policies of this Plan.

3.88 The Borough is underlain with a highly permeable aquifer which is the main drinking water

resource for the area. This valuable resource is highly susceptible to urban pollutants, particularly near the River Colne. The EC Groundwater Directive (1980) and the Water Resources Act 1991 provide the key legal restriction on groundwater pollution, the application of which extends generally outside the remit of land use and development planning. However, PPG 12: Development Plans highlights the important role local authorities play in the protection of aquifer and water table resources in the context of development proposals. Council will be guided by the advice of the Environment Agency on this matter.

3.89 SE29 Utilities Infrastructure

The Council will only permit development proposals where the water supply, sewerage system and associated utilities infrastructure has sufficient capacity and design to meet the anticipated increase in demand.

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The development of new utility infrastructure including an extension to facilities and works, will be permitted if:

a) the proposal is an environmentally acceptable way of achieving the purpose of development;

b) the amenity of nearby occupiers is not harmed; c) measures to ameliorate detrimental environmental impact of development are

incorporated in the proposal; d) proposals demonstrate the clear separation of foul water sewer and surface water,

which is agreed following consultation with the relevant drainage authority (see Policy SE30: Surface Water and Sustainable Drainage systems) ;

e) connections to the public sewerage system do not pose an unacceptable threat of surcharge, flooding and pollution; and

f) any non-mains sewerage systems comply with Circular 3/99 and Policy SE28 (Groundwater Quality).

The Council may use planning conditions to ensure that necessary utility improvements or the provision of new utilities infrastructure has been undertaken prior to commencement of the proposed activity on the development site.

3.90 Thames Water Utilities Ltd is responsible for sewerage and associated utility infrastructure.

PPG 12: Development Plans requires that local authorities consider both the requirements of the utilities for land to enable them to meet the demands that will be placed upon them and the environmental effects of such additional uses. It is noted that failure to separate surface water drainage from foul water is the major cause of sewer flooding.

3.91 Note: Thames Water Utilities Ltd require development to take account of the following:

a) Trees and shrubs should not be planted over the route of sewers (See Policies SE35 to SE40 and SPG 26: Trees and Development);

b) 24 hour vehicular access is required to all pedestrian areas to undertake emergency works. Access to the sewerage infrastructure must not be impeded by street furniture;

c) Grease traps are to be installed in all catering establishments and regularly cleaned and maintained.

3.92 Circular 3/99 (Non-Mains Sewerage Systems) indicates that the first presumption for

sewerage proposals must be to provide a system of foul drainage discharging into a public sewer. If a developer can satisfy the Council that connection to the public sewer is not cost effective and/or practical, the Council may consider the use of non-mains sewerage systems that involve secondary or tertiary treatment. The Council will only consider the use of septic tanks if the above options can be clearly demonstrated to be unfeasible. Paragraph 6 of Annex A to Circular 3/99 outlines the factors that the Council will take into account when considering a proposal for non-mains drainage. Such discharges must also comply with other policies of this Plan, in particular, Policy SE28 (Groundwater Quality).

3.93 SE30 Surface Water Run-off, Water Conservation and Sustainable

Drainage Systems When assessing proposals for development, the Council will have regard to

sustainable drainage and water conservation practices.

Applicants for development will be expected to show that they have had regard to water conservation and sustainable drainage systems in the design for their proposals. This may include:

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a) minimising external hard surfaces and giving preference to permeable surfaces; b) channelling run-off over absorbent ground and design of specific features including

watercourses and holding ponds. Alterations to ground levels should not aim to increase the rate of drainage or be likely to pollute the water environment;

c) water storage and recycling of run-off (e.g. WC operation, irrigation and car washing), particularly for uses which are likely to generate high water demand;

d) for major developments, on-site or near site reed bed treatment of grey water.

The Council will work closely with the Environment Agency (EA), Thames Water Utilities Ltd (sewerage services), Three Valleys Water Plc (water services), British Waterways (Grand Union Canal) and prospective developers and landowners to encourage the use of Sustainable Drainage Systems (SuDS).

Development proposals which incorporate SuDS and designs which improve the amenity and biodiversity in urban areas will be particularly encouraged. (See Policy SE33: Nature Conservation and Biodiversity). The Council will encourage the use of suitably designed water storage and recycling facilities, particularly for uses which are likely to generate high water demand.

3.94 All built development tends to extend the area of impermeable ground, from which water runs

off rather than percolating into the ground. This can increase both the total flow and the peak flow of run-off from built-up areas, resulting in increased flows downstream and thus increasing the risk of flooding. Replacing vegetated areas by roofs, roads and paved areas notably contributes to run-off.

3.95 Many existing urban drainage systems are damaging to the environment and are not,

therefore sustainable in the long term. SuDS are physical structures which enable surface-water run-off to be controlled and treated as near to the source as possible, using the natural processes of sedimentation, filtration, absorption and biological degradation. They focus decisions about drainage design, construction and maintenance on the quality of the receiving environment and people.

3.96 Techniques which ‘fit’ to most urban contexts include:

(a) preventative measures - good design including rain-water recycling (e.g. waterbutts); (b) permeable conveyance systems - including underground filter drains and surfacewater

swales; and (c) “end of pipe” systems- including filter strips and retention ponds.

3.97 Design should also recognise the relationship between groundwater and surface water (see

Policy SE28: Groundwater Quality). Ecology and Nature Conservation 3.98 The protection, enhancement and appreciation of the natural elements of our environment are

central to the Plan’s objectives and aim of achieving sustainable development. Diversity of wildlife both within and adjacent to the built environment adds to our quality of life, provides a valuable environmental education resource and helps to ensure the well being of our locally native wildlife.

3.99 SE31 Species Protection

Planning permission will not be granted for development which could have an adverse impact on badgers or species protected by Schedules 1, 5, and 8 of the Wildlife and

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Countryside Act 1981, as amended, and the Habitats Regulations 1994, unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to maintain the unaltered and undisturbed habitat of the affected species.

Where proposed development could have an adverse effect on such species, the submission of an Environmental Impact Assessment will be required with the application. Where such development is permitted, the Council will seek to ensure that any necessary measures are taken to:

a) facilitate the survival of the species; b) minimise disturbance; c) provide adequate alternative habitats to sustain at least the current levels of

population; and d) resist breaking a habitat corridor which would lead to fragmentation of the wildlife

population base.

Such measures must be within the control of the developer and subsequent site owners and operators, unless a formal agreement for management of the conservation features of the site has been made with an appropriate body.

3.100 The Wildlife and Countryside Act 1981 and Habitats Regulations 1994 specify protection for

certain species of flora and fauna including the local species of bats, great crested newts, water voles and otters. Badgers are protected under the Badgers Act 1992. Further, the EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Directive 92/43/EEC) requires UK Government Protection in accordance with articles 12-16. This Council will consult with English Nature at an early stage where there is potential for development proposals to affect protected species. Landowners and developers are encouraged to seek early advice from English Nature when considering any development proposal which may impact upon protected species.

3.101 The policies of this section aim to prevent damaging developments and provide certainty to

developers, as far as possible. Where such proposals can be justified, the approach will be to minimise harm and replace or recreate as appropriate, through the use of planning conditions and obligations.

3.102 SE32 Sites of Nature Conservation Importance

a) National Sites: Proposals for development in or likely to affect Sites of Special Scientific Interest (SSSI) will be subject to special scrutiny. Where such development may have an adverse effect, directly or indirectly on the SSSI it will not be permitted unless the need for the development clearly outweighs the nature conservation value of the site itself and the national policy to safeguard the national network of such sites.

b) Local Sites: Proposals for development likely to have an adverse effect on a Local Nature Reserve (LNR), County Wildlife Site, Regionally Important Geological/ Geomorphological Site (RIGS), Wildlife Corridors, River Corridors (including banks) and Urban Forestry Site, as shown on the Proposals Map (or through subsequent designation and recognition), will not be approved unless the need for the proposal clearly outweighs the need to safeguard the substantive nature conservation value of the site.

Where such development or land use change is permitted which would damage the nature conservation value of the site or feature, such damage should be kept to a

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minimum. Where appropriate, the authority will impose conditions and/ or planning obligations to mitigate or compensate for any harm caused.

3.103 Watford Borough does not contain a SSSI. However, there are two sites with this national

designation adjacent to the Borough boundary in Three Rivers District. These are Whippendell Woods (managed by Watford Borough Council) and Croxley Common Moor, which require special scrutiny when nearby developments are proposed.

3.104 The Countryside and Rights of Way Act 2000 gives local authorities the power to acquire,

declare and manage Local Nature Reserves in consultation with English Nature. The Council has designated the following areas as Local Nature Reserves;

- Lairage Land (4.7 ha), West Watford - Harebreaks Wood (5.4 ha), North Watford - Land within Cassiobury Park (14 ha).

A further 12 ha of Cassiobury Park, outside of the LNR, is under conservation management to increase biodiversity. The Council is also in the process of designating the following areas, which have English Nature’s approval, as LNRs;

- Alban Wood - Garston Park - Paddock Road.

3.105 These LNRs offer an accessible habitat and an educational resource. English Nature

recommends a minimum level of 1 LNR per 1000 of population. The Council will support work with local groups, residents and English Nature for further site designation during the life of this Plan. The Colne River Valley (see Policy SE18: Colne Valley Linear Park) and other county wildlife sites, are key examples of sites suitable for potential LNRs.

3.106 PPG 9: Nature Conservation (Paragraph 24) states that “plans should not only be concerned

with designated areas but also with other land of conservation value”. Further, “urban sites for nature conservation have an enhanced local importance as a consequence of the relative lack of wildlife sites in built-up areas” (Paragraph 14). County Wildlife Sites [also referred to as Sites of Importance for Nature Conservation (SINCs)] are identified on the Proposals Map. These sites are of substantive importance for nature conservation as they have been shown to satisfy criteria which recognises key habitat and species in the HBRC/ HMWT 1998 ‘Habitat Survey for Watford Borough’, also referred to as the ‘Phase One’ survey. Enhanced detail of Wildlife Sites, Wildlife Corridors (important green linkages or ‘wedges’ between key habitat sites), Urban Forestry Sites, Ecological Alert Sites, and amenity greens, and the identification of Urban Survey Sites, is provided by the ‘Habitat Survey for Watford’ (also referred to as the ’Phase Two’ survey). The Phase Two survey also includes techniques for creating and enhancing habitats, and guidance for new development which will support urban wildlife. Both documents are a material consideration in the determination of development proposals and will be used as non-statutory guidance.

3.107 Protection and management of Sites of Nature Conservation Importance may be achieved

through the mechanisms outlined in Policy SE33: Nature Conservation and Biodiversity Enhancement.

3.108 SE33 Nature Conservation and Biodiversity Enhancement

Where the effects of a proposed development are unclear or uncertain, or where there may be significant adverse impact on nature conservation interests, the Council will require applicants to provide comprehensive information before determining the

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application. This may require the submission of an Environmental Impact Assessment (See Policy SE3: Environmental Impact Assessments).

The Council will encourage the positive management and enhancement of all sites of nature conservation interest (See Policy SE32: Sites of Nature Conservation Importance), and may, where appropriate, seek to enter into a management agreement with landowners, operator or suitable body. Such management of conservation features may be secured as part of the development control process through planning conditions and/or obligations. The Council may also apply to the Secretary of State for an ‘Article 4 direction’ where the presence of ecological features exists.

SPG12: Landscape Guidelines recognises that new development can produce opportunities for the establishment of wildlife corridors or ‘green wedges’ of local habitat value, and urban wildlife gardens.

3.109 The Council recognises the educational and wider community benefits associated with nature

conservation and will seek to realise opportunities for habitat creation, retention and sensitive management, particularly within urban areas. Where possible, appropriate forms and levels of access to nature conservation sites will be encouraged. Where appropriate, sites will be designated as statutory sites or recognised through the Plan and supporting surveys as of local habitat value. Wildlife corridors connecting areas of habitat value will similarly be identified, provided with interpretive material, managed and enhanced.

3.110 The Council will consult with English Nature, the Hertfordshire Biological Records Centre

(HBRC) and other appropriate bodies to seek to improve the Borough’s ecology and habitat resource. The Hertfordshire Biological Records Centre (HBRC) is the primary source of information and advice on the ecology of the Borough. When considering applications that may affect sites or species of nature conservation interest, the Council will consult with the HBRC. Developers and landowners are also advised to contact the HBRC at the earliest opportunity to establish whether their proposals are likely to have implications for nature conservation, and for guidance on appropriate management techniques. In addition, the Environment Agency has consenting powers under the Land Drainage Act for land within eight metres of a watercourse. The Agency is required to take into account conservation matters as part of this process. The Council will treat the Agency’s position on conservation matters and whether it will grant consent as a material consideration when determining a planning application.

3.111 Guidance will be provided through the Hertfordshire Biodiversity Action Plan. In accordance

with PPG9: Nature Conservation, the UK indicator species and local context will be incorporated into the Watford Local Biodiversity Action Plan (LBAP). The LBAP will include elements of a Nature Conservation Strategy, Phase One and Two Habitat Studies, local studies of key indicator species and that of an Urban Forestry Strategy which will form Supplementary Planning Guidance to this Plan.

Trees, Woodlands and Hedgerows 3.112 Trees, woodlands and hedgerows have a very important role in the environment and their loss

through development should be avoided or mitigated. Trees and woodlands in towns can make a significant environmental contribution without the need to occupy substantial areas of land. They provide valuable wildlife habitats, can soften the visual appearance of developments, and help reduce atmospheric pollution and the transmission of noise, greatly

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adding to the character and attractiveness of an area. This resource must be retained, protected and enhanced.

3.113 It is important that consideration is given to the retention of trees and other landscape features

throughout the development process. The ODPM publication “Tree Preservation Orders: A Guide to the Law and Good Practice” sets out the relevant national policy advice and advises local authorities on good practice. The Council will prepare Supplementary Planning Guidance on Trees.

3.114 SE34 Watling Chase Community Forest

Within the defined area of the Watling Chase Community Forest, as shown on the Proposals Map, development proposals should contribute to the objectives of the Forest Plan.

3.115 The Watling Chase Community Forest is located on the Eastern fringe of the Borough,

adjoining Hertsmere District Council. It is a multi-purpose forest combining the sustainable production of timber with wildlife conservation and environmental enhancements. The Forest Plan, approved by the Department of the Environment in 1995 and reviewed in 2001, is a material consideration in the determination of development proposals. Any development should therefore respect the forest setting. The Council will work with the relevant authorities to achieve the objectives of the Forest Plan.

3.116 SE35 Urban Forestry

The Council will seek to promote the development of pockets of urban woodland within the Borough, especially within the designated Green Zones and Green Wedge (as shown on the Proposals Map), through the preparation and implementation of a strategy for Urban Forestry, encouraging urban forestry style planting through development briefs and planning obligations.

3.117 Watford’s predominantly urban environment can be enhanced through the encouragement of

urban woodland with trees and woodland being readily incorporated into the existing fabric of the built environment. This need not be on a large scale but, for example, can include tree cover in parks, school grounds, some roadside verges and car parks. The Council will particularly encourage tree planting within the Green Wedge as shown on the Proposals Map. The Green Wedge initiative will link in with an Urban Forestry strategy, which will help to secure additional tree cover and promote public awareness of woodland areas, supporting the Watling Chase Community Forest.

3.118 SE36 Replacement Trees and Hedgerows

The Council will discourage the loss of trees, especially within Green Zone areas. If the retention of existing trees is not appropriate, the Council will require (through condition and/or planning obligations) replacement through planting of an equivalent and appropriate type, within the landscape scheme for the site or in exceptional cases elsewhere within the Borough. It will be a requirement that such additional planting is maintained, ensuring that any tree which should fail within a 5 year period from the date of planting and/or subsequent replanting be replaced.

Any hedgerows removed to enable development to take place must also be replaced by planting of an equivalent and appropriate type.

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3.119 Trees and hedgerows fulfil a very important role within urban environments such as Watford. As well as contributing to amenity, they also contribute to atmospheric improvements, either through the absorption of traffic particulates, or, to a much lesser degree, through carbon dioxide (CO2) fixing. The Council will therefore seek the protection of existing trees and hedgerows, or, where necessary, their replacement.

3.120 Exceptional cases may occur where the planting of replacement tree cover is not suitable for

a development due to area, landscaping or other similar constraints. Where this is the case a suitable alternative site will be sought where tree cover will be beneficial, for example as part of an Urban Forestry Strategy.

3.121 SE37 Protection of Trees, Woodlands and Hedgerows

The Council will seek the retention of trees, woodland and hedgerows through the use of planning obligations or planning conditions. In the case of trees which contribute significantly to the amenity of the area the Council will make Tree Preservation Orders, ensuring that they are not felled, or pruned to the detriment of the environment and ensure their replacement should felling become necessary. Wherever appropriate, new planting with locally native species within development sites, along site boundaries and highway frontages as part of development proposals will be required.

3.122 The Council places a high priority on protecting trees, woodlands and hedgerows and adding

to the existing stock to secure continuity for future generations. Trees subject to Tree Preservation Orders (TPOs) are protected by law requiring the consent of the Council before potentially harmful works can be carried out on them. During the period of this Plan the Council will seek to protect trees within the Green Zones and Green Wedge by the use of TPOs. In Conservation Areas, the law requires that works to trees over a certain size can only be carried out after the Council has been notified in order for them to consider applying a TPO.

3.123 In accordance with Hertfordshire’s Woodland Strategy, new tree planting of locally native

species will be required as part of development proposals, particularly in the Watling Chase Community Forest (see Proposals Map and Policy SE34), in the Green Wedge (see Proposals Map and Policy SE35) and where appropriate in landscaping schemes (see Policy U6 and SPG12: Landscape Guidelines).

3.124 Locally native species are those found naturally occurring in the Watford region, and which

have not been introduced from other areas. These include broadleaved species. 3.125 The Hedgerows Regulations 1997, are intended to protect those hedgerows defined as being

important and the removal of some hedges in the countryside will require permission from the Council. In cases where hedgerows are removed without permission the Council will investigate and will prosecute offenders.

3.126 As part of the Council’s Local Biodiversity Action Plan and Quality of Life Baseline Report (see

Paragraph 12.39) a survey to ascertain the extent and quantity of the Borough’s tree stock and hedgerows will be carried out as resources permit.

3.127 SE38 Access to Woodlands

The Council will encourage provision for appropriate public access to new and existing woodlands and forests in the Borough and adjoining areas.

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3.128 The Council recognises the importance of community access to wildlife, woodland and recreational sites. In order for the resource to be valued and preserved, the Council will consult with other authorities including English Nature so that this is achieved in an ecologically sensitive manner.

3.129 SE39 Tree and Hedgerow Provision in New Development

Development proposals must show consideration to the retention and protection of trees and hedgerows throughout the development process. Consideration must be shown to Hertfordshire Structure Plan guidance on design to ensure the healthy, long-term growth of retained tree cover and new planting. On sites containing trees and hedgerows the Council will expect a planning application to be accompanied by a tree and hedgerow survey providing the following information:

a) the location of all trees, hedgerows and shrub planting, including those on adjoining

land, where the root or branch systems may be affected by the proposals; b) species, heights, trunk girth, crown spread of each existing individual tree or group of

trees and hedges; c) age, condition, vigour and amenity value of the existing trees; d) a clear indication of which trees/hedges are to be removed, those to be retained and

those proposed; and e) where appropriate a plan for the protection of trees, hedgerows and shrubs throughout

the construction of the development in accordance with advice contained in the British Standard Institute code of practice “Trees in relation to Construction” (BS5837:1991) or any amendment thereafter.

Adequate protection should be provided to trunks, root systems and limbs throughout the period of construction.

3.130 The design must consider the future growth needs of the roots and crowns of trees and

hedgerows. Sufficient space must be provided between trees and hedgerows and buildings, roads/footpaths and parking areas to enable the implementation of the development to take place without affecting the existing and proposed landscape features. It must be ensured that health is not endangered by water deprivation.

Landscape Character Areas, Green Zones and Home Zones 3.131 SE40 Landscape Character Area Assessment

Development proposals should take account of the particular characteristics of the landscape regions and Landscape Character Areas in which they are located. The effect of the setting, siting, design and external appearance of development on the character and quality of the landscape will be a consideration in planning applications.

The Council will seek the retention, management and reinstatement of typical landscape features and where possible, encourage removal or measures to lessen the impact of structures or other features detrimental to the character or quality of the landscape within the Borough. More detailed guidance of the areas will be provided as Supplementary Planning Guidance. The Council will work with the Landscape Unit of Hertfordshire County Council, its neighbouring authorities and other organisations and community groups to refine the boundary and/or description of each area, and to preserve, enhance or restore the character of each of these as defined by the Hertfordshire Landscape Strategy Volumes 1 and 2.

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Landscape Regions within Watford Borough are:

− The Central River Valleys (Region 5) − The South Hertfordshire Plateau (Region 6)

Landscape Character Areas (see Map 2) within Watford Borough are:

− Croxley Moor (Area 5) − Bedmond Plateau (Area 9); − Lower Gade Valley (Area 11); − Bushey Hill Pastures (Area 14); − Ver/Colne River Valley (Area 17); − Bricket Wood (Area 18).

It is the Council’s intention to work in partnership with the County Council so that more refined Landscape Character work is carried out to cover the Urban areas excluded from the Volume 2 study.

3.132 Landscape Character Area assessment attempts to provide a more holistic and comprehensive

consideration of land use planning in contrast to isolated special or restrictive landscape designation. The initial assessment emerged from the Countryside Agency and English Nature’s work on “Natural Areas”, based on the combination of soil types, ecological zones and land use patterns. Watford Borough forms part of the London Basin. This was further defined by Hertfordshire County Environmental Information Service (based on land form, topography, soil types, vegetation and habitats) Volume 1 study into Region 5: The Central River Valleys and Region 6: The South Hertfordshire Plateau. Pursuant to the Hertfordshire Structure Plan, landscape at this regional scale should be taken into account.

3.133 The Hertfordshire Landscape Strategy Volume 2: Landscape Evaluation and Guidelines for

Southern Hertfordshire provides a more fine-grained characterisation defining six Landscape Character Areas affecting the green corridors in Watford. The approach is a recognition that change and development in the country’s landscape is steeped in a history of working with natural constraints, and that planning for sustainable development needs to take account of this. The classification outlines landscape boundaries for the purposes of:

a) advising on development control and policy development for future development plans; and b) providing a framework for other landscape planning, regulation and management.

3.134 SPG26: Landscape Character Areas provides detail of each of the listed character areas. The

Council will work in partnership with the County Council and other organisations for further refining of defined areas and future description of Watford’s urban areas.

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INSERT

Map 2 – Landscape Character Areas

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3.135 SE41 Green Zones

The Council will seek to designate further Green Zones in consultation with residents, businesses, the Police and Hertfordshire County Council.

Within identified Green Zones, the Council will seek appropriate measures to improve road safety, personal safety and facilities for pedestrians, cyclists, passenger transport users and safe routes to schools.

The Council may impose conditions or obligations to achieve an enhanced environment including:

a) improvement of air quality (see Policy SE20: Air Quality); b) creation of pocket parks/ play areas/ open space/ youth facilities (see Policies L7-L10); c) introducing public art (see Policy U8: Public Art); d) providing the use of safer routes and access for non-motorised travel (see Policies T6-

T7: Pedestrian facilities, and Policies T9-T10: Cycling); e) a safer means of highway access and use of appropriate measures to reduce the

volume of through vehicular traffic; f) improved passenger transport provision (service and facilities).

3.136 A Green Zone is described as a residential neighbourhood which is targeted to become a

safer, cleaner and more attractive place to live. The street scene will no longer be dominated by motor vehicles. Local residents are involved in the process by helping to identify current concerns and then being partners in the development of any solutions.

3.137 The Central Area Green Zone covers the area of central Watford bounded by the West Coast

main railway Line, St Albans Road and the town centre. It includes Watford Junction Station, Central Primary School, Watford Police station, Queens Roads shopping centre and adjacent residential and business areas.

3.138 Oxhey Village Green Zone covers the area bounded by Chalk Hill, Attenborough Fields, the

allotments and the West Coast main railway line. It includes Oxhey Village, Oxhey Green, Watford Heath, Wilcott Avenue, Elm Avenue and Oxhey Avenue.

3.139 The concept of West Watford being designated as a Green Zone is being explored. 3.140 Aspirations for the Green Zones include:

• safer roads with reduced dominance of the car; • improved facilities for pedestrians, cyclists and passenger transport users; • safer routes to school; • improved personal safety; • a more attractive environment; • improved air quality and reduced noise; • maintaining the local economy; and • involvement of the whole community in the process.

3.141 SE42 Home Zones

Within identified Home Zones the Council, in conjunction with the Hertfordshire County Council, will seek to introduce 20 mph speed limits and related traffic calming

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measures including road closures to ensure that priority is given to the use of the residential street as a place to play, chat, sit, walk and cycle.

3.142 Home Zones are described as “people friendly” residential areas where cars take second

place to pedestrians, and especially children. Within the Home Zone, priority is given to walking, cycling, chatting, sitting, playing and where cars can travel slowly and safely. Residential streets can provide for all of these activities, but the growth in the speed and volume of traffic can reduce and eliminate them. Home Zones seek to restore the full range of activities to residential streets. Benefits of home zones include improved quality of life, safety, health and sustainability. The Council, County Council and the police will work with residents, businesses and other partners to identify residential streets which by their nature is deemed suitable for designation as a Home Zone.

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