LES Policy and Practice Seminar

Low Emission Strategies and Planning Policy

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

PPS23 Annex 1: Pollution Control, Air and Water Quality

Planning Obligations• Where it is not appropriate to use planning conditions to address the

impact of a proposed development, it may be appropriate to enter into a planning obligation under Section 106 of the Town and Country Planning Act 1990.

• Uses of Section 106 Agreements:

i. Improve air qualityii. Make other environmental improvements before a development goes

ahead or offset the subsequent environmental impact of a proposed development

• In particular – ‘the purchase, installation, operation and maintenance of air quality monitoring equipment or provision of other assistance or support to enable authorities to implement any necessary monitoring or other actions in pursuit of an Air Quality Action Plan’.

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.

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

• Local authorities can continue to use Section 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 (e.g. 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.

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 are required to be submitted and in areas of poor air quality appropriate mitigating design solutions will be required.

LBG 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.

Using Section 106 Agreements

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

Summary of a planning application in Woolwich town centre

• Major mixed use scheme in town centre i.e. 960 residential accommodation, 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

Matters to consider

• 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.

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);