LES and Planning Policy

Low Emission Strategies and Planning Policy

Steve Merryfield

web: www.lowemissionstrategies.orgemail: info@lowemissionstrategies.org

Delivering Cleaner Air using the Planning System

• Applying Planning Policies

• Using Section 106 agreements

• Implementing a Low Emission Zone

Planning Policies

• PPS 23

• Circular 05/05

• Community Infrastructure Levy

• Development Plan Policies

• Supplementary Planning Documents (SPDs)

PPS23 Annex 1: Pollution Control, Air and Water Quality Planning

Obligations:

• Creates the opportunity to use Section 106 Agreements where it is not appropriate to use planning conditions to address the impact of a proposed development.

(Will be covered in more detail by John Paterson)

Circular 05/05• Guidance on use of planning obligations• 5 tests:

– relevant to planning;– necessary to make proposal acceptable in planning

terms;– directly related to proposed development;– fairly & reasonably related in scale and kind to

proposed development; and– reasonable in all other respects.

• High level policies relating to planning obligations or SPD• Formulae and standard charges

Community Infrastructure Levy (CIL)

• Part of proposals under Planning Act 2008.• Capital cost payment by developers towards cost of local

and sub-regional infrastructure to support development (to include, transport, social and environmental infrastructure, schools and parks).

• Can be used for existing development to enhance/increase capacity.

• L. authorities given powers to levy a charge but not required to use.

• L. authorities can continue to use S.106 Agreements• Process of setting CIL to be aligned to local

infrastructure planning process set out in PPS 12: Local Spatial Planning.

Development Plan policies

LB Greenwich:• Adopted UDP (July 2006) contains policies aimed at environmental

protection• Strategic policies include (SE1 – SE4):

– Encourage environmentally sustainable development – Protect and improve environment in terms of air and water

quality, reduce impact of pollution, noise, smell, especially from transport

– Protect areas liable to flood– Reduce generation of waste and encourage recycling.

LBG Policies (continued):

• Policy E6 that relates specifically to Air Pollution and aims to ensure that proposals, which would result in a deterioration in air quality will be resisted unless measures are included to minimise the impact of air pollutants. Assessments of impacts required in areas of poor air quality appropriate; mitigating design solutions required.

LES Progress by Local and Strategic Authorities

• Royal Borough of Kensington and Chelsea;

• Sefton Borough Council;

• Sheffield City Council;

• Leeds City Council;

• Greater London Council.

Royal Borough of Kensington and Chelsea-SPD on Air Quality

The SPD adopted June 2009 replaces the Supplementary Planning Guidance adopted in May 2002. It sets out K & C Council’s requirements for reducing:

• air pollution emissions from new development, conversions and changes of use.

• guidance to mitigate impact of new developments and use of Section 106 agreements

The SPD supplements Unitary Development Plan (UDP)

Policies PU1 and PU2 and provides detailed

guidance on their implementation

Sefton Borough Council

Developing Low Emissions Strategy (SPD) covering development associated emissions.

Planning decisions can significantly affect air quality, therefore criteria being drawn up that will:

• identify when an air quality assessment will be necessary.

• what will be required from an air quality assessment.• how the significance of any effects will be assessed.

Sheffield City Council

• Produced ‘Air Pollution and Land Use Planning Guide’• Protection of air quality in Local Development

Framework (LDF)• Preparing Low Emissions SPD• LES agreements in place – electric charging points, low

emission priority parking, euro standards for on-site vehicles

• Partnership commitment to Care4air

Leeds City Council

Developing two innovative LES projects:• Seeking contributions from specific developments within

the city where New Generation Transport (NGT) will be introduced. NGT will take form of trolley or guided buses.

• To develop Low Emission Vehicle Handbook building on low emission vehicle trails in the city.

Greater London Authority (influenced by LES Guidance)

• Electric Vehicle Delivery Plan (May 2009):-– Work with the boroughs and other partners to deliver 25,000

charge points across London by 2015 –including a network of fast charge sites;

– electrify public sector vehicle fleet and stimulate wider EV market;

– deliver 1,000 electric vehicles in the GLA fleet by 2015.

London Plan Revisions;– will require 20% EV charging for all residential parking spaces

approved through planning applications.

Developing SPDs

• An SPD will help mitigate the transport impacts on new development (building on the LES guidance). The SPD should set out what your authority’s objectives are towards delivering cleaner air and what it will seek to secure from new developments so as to deliver improving air quality.

Purpose of SPD

• to highlight existing policies and stress the importance of air quality as a material planning consideration;

• to amplify and give greater detail to policies in the Development Plan Documents (or UDP)

• to identify the circumstances where low emission strategies and/or emissions assessments will be required for new developments;

• to offer guidance on measures to mitigate potentially harmful impacts of new developments; and

• to provide guidance on the submission of air quality assessments and when and where these will be required.

SPDs (continued)

• The SPD will form part of the Local Development Framework (LDF). It will be a material consideration in determining planning applications.

• The SPD could also offer guidance on the use of planning conditions and S106 obligations to improve air quality.

LES SPD Template

• Low Emission Strategies partnership in addition to the LES Guidance has prepared an SPD template, which is to be made available and will help guide your authority when drawing up an SPD.

Greenwich Council’s Approach to delivering cleaner air

• The Council’s pioneering work on Low Emission Zones (LEZs) was borne out of the development of the Greenwich Peninsula by Meridian Delta Ltd (MDL). The site of 80 hectares was granted planning permission for a mixed use development comprising 10,010 dwellings; offices, research and development and light industry (343,600sq.m); retail facilities; hotel; community facilities and retention of the Dome with mixed use (127,000sq.m) and a 26,000 seat capacity arena. The Low Emission Zone was secured through the Section 106 legal agreement attached to the permission

Low Emission Zones

Greenwich has secured other LEZs through its work on Section 106 agreements. These include:

• Royal Arsenal• Thamesis Point• Greenwich Reach

Many measures to mitigate the impact of development are becoming standard on new schemes

Using Section 106 Agreements

• An example of a recent planning application in London Borough of Greenwich:

Planning application in Woolwich town centre

• Major mixed use scheme comprising 960 units residential accommodation (plus off site), community and/or offices, retail store, retail, food and drink units, 1,172 parking spaces and cycle parking.

• Whole borough is a Air Quality Management Area for nitrogen dioxide and particulates.

• Town centre has good accessibility PTAL=6.• Air quality implications include operational impacts,

construction impacts, traffic growth, car parking and air quality monitoring

Planning Obligations to be achieved via Section 106 Agreement

• Provision of a car club• 500 residential spaces annual charge £0 - £300

depending on VED rating of car• Controls on parking permits and transfers• Ten electric vehicle charging points within the residential

car park• 50% of delivery vehicles and 50% Home delivery

vehicles to meet Euro 5 rating by store opening and to be using bio-fuel. 100% within 5 years

planning obligations (continued):

• To report on the implementation of the Low Emission Zone measures and targets on store opening and at five and ten years afterwards

• £16,000 per annum for ten years towards Council’s Environmental Monitoring

• 10% renewable energy commitment• BREEAM excellent rating• CHP plant including community heating

LES issues for consideration

• What mitigation measures could be secured through a S.106 agreement for this development?

• Which key partners should be involved?

• What are the potential problems and how can they be avoided

How can this be achieved?

• Who were the key partners involved? Environmental Health and Trading Standards, Strategic Planning and Legal Services

• Factors for success? Start negotiations and preparation as early as possible

• Problems encountered or avoided? Increase use of standardised approaches to Section106 agreements

Good Practice

• Corporate Working - Establish good working relationships with colleagues in other departments

• Ensure that engagement starts early in the process,at pre-application stage or when planning application is first received and when formulating policies

• When considering head of terms for Section 106 legal agreements ensure that environmental matters are covered and liaise with Environmental Health Officers

• Be positive in the approach to securing Section 106 contributions.

Considerations for the future

• Emission strategies, secured by planning obligations and implemented through the land-use planning system, have potential wider relevance in relation to air quality management and climate change strategies.

• Use Good Practice Guidance, ‘Low Emission Strategies (using the planning system to reduce transport emissions)’ launched by the Beacons Low Emission Strategy Group and now endorsed by Communities and Local Government (CLG).

Considerations for the future (continued):

Opportunities and Threats for Low Emission Strategies:

• meeting 5 tests in Circular 05/05; • funding formula in light of CIL;• relationship with Environmental Impact

Assessments (EIAs);• Planning obligations to help fund enforcement

(environmental health).