Physical Constraints on the Development of Land

Policy PC1. - AREAS AFFECTED BY ABANDONED LIMESTONE MINES

Subject to other policies within the Plan, planning permission will be granted for built development within the Consideration Zone around Coneygre Mine and Blackham Mine, where the applicant is able to demonstrate that a collapse in the mine would not prejudice public safety or compromise the structural integrity of the proposed structures.

11.1 Consideration Zones have been defined around the areas that would be seriously affected by surface subsidence in the event of a collapse in the abandoned limestone mines. If new development is to be allowed to take place within the Consideration Zones the developer will be required to demonstrate that a collapse in the mine would not prejudice public safety or compromise the structural integrity of the proposed structures. The Council acknowledge that this will impose substantial extra development costs, but considers that the public safety is of paramount importance.

11.2 In respect of the Coneygre Mine, investigations have shown that the workings remain open and that they appear to be in good condition, with little sign of degradation of either the pillars or mine roof. The potential for collapse is therefore considered to be low, and it will be appropriate after proper study to grant planning permission subject to conditions that will allow development to properly proceed. Consequently there are currently no plans to infill the mine. The Consideration Zone shown on the Proposals Map therefore remains in place, and the constraints on development referred to in the Policy above will continue to apply for the foreseeable future.

11.3 The Blackham Mine worked the Lower Wenlock Limestone, and consequently a small area (3.3 ha) is affected by a consideration zone. The area is covered by development. This is expected to remain until well after the period of the plan. However, should redevelopment be proposed, policy PC2 will be considered to be a material consideration.

Policy PC2. - ZONES AROUND HAZARDOUS INSTALLATIONS

The Council will seek the reduction or removal of the hazardous component of notified installations. Where any existing or proposed industrial development presents a significant potential hazard to the health and safety of employees, or to people living and working in the surrounding area, the Council will seek either a reduction in the risk or its elimination. The Council will use its powers under Section 14 of the Act to revoke or modify a hazardous substances consent where either the consent has not been relied upon for 5 years or where all potential claimants for compensation indicate that they will not seek compensation.

The Council will also oppose the expansion of existing hazardous installations, unless it can be demonstrated that consent will not increase the population at risk or the level of risk, or will not adversely impact on the potential for development and/or redevelopment of adjoining land.

Policy PC3. - NEW DEVELOPMENTS AND HAZARDOUS SUBSTANCES

The Council will consult the Health and Safety Executive, the Environment Agency and other relevant bodies on all applications for hazardous substances consent and planning permission in the consultation zones around hazardous premises as may be notified from time to time to the Council by the Health and Safety Executive. The Council will not grant planning permission for new developments or grant hazardous substances consent which, when operational, will result in a significant increase to the risk or consequences of a major incident, and/or will adversely impact on the potential for development and/or redevelopment of adjoining land.

11.4 The member states of the European Economic Community were required to implement Directive 96/82/EC (The Seviso Directive II) by 3rd February 1999.The Statutory framework for the implementation of the directive is contained in the Planning (Hazardous Substances) Act 1990 and associated regulations. These are the Planning (Hazardous Substances) Regulations 1992, and the Planning (Control of Major-Accident Hazards) Regulations 1999. They are designed to regulate the presence of hazardous substances.

11.5 On the 8th May 2000 the Department of the Environment, Transport &the Regions (DETR) issued Circular 04/2000, Planning Controls for Hazardous Substances. This articulates the Directive requirement that Local Planning Authorities ensure that their land use and/or other relevant policies and the procedures for implementing those policies take account of the need, in the long-term, to maintain appropriate distances between establishments covered by the Directive and residential areas, areas of public use and areas of particular natural sensitivity or interest. It also requires that the local planning authority will consult the Health and Safety Executive, the Environment Agency and other relevant bodies, as set out in the Regulations, before determining consent applications and applications for planning permission within the consultation zones notified to it from time to time by the Health and Safety Executive in respect of established premises.

11.6 The planning controls over hazardous substances were introduced in 1992, and are designed to regulate the presence of hazardous substances, so that these cannot be kept or used above specified quantities, until the responsible authorities have had the opportunity to assess the risk of an accident and its consequences for people in the surrounding area.

11.7 These planning controls complement, but do not override or duplicate, the requirements of the Health and Safety at Work Act 1974 and its relevant statutory provisions (defined at section 53 of that Act) which are enforced by the Health and Safety Executive. Even after all reasonably practicable measures have been taken to ensure compliance with the requirements of the 1974 Act, there will remain a residual risk of an accident which cannot entirely be eliminated. The controls are intended to ensure that this residual risk to persons in the surrounding area is properly addressed by the land use planning system.

11.8 Local planning authorities have exercised a degree of control over the presence of hazardous substances through the development control system, where such presence has been directly associated with a proposed development. But there are situations in which hazardous substances may be introduced onto a site, or used differently within it, without there being any associated development requiring planning permission. The provisions fill the gap in planning control by enabling specific control to be exercised over the presence of hazardous substances whether or not associated development is involved. The Council has to decide whether, in the light of the residual risk, and having regard to existing and prospective uses of a site and its surroundings, the proposed presence of a hazardous substance is an appropriate land use of that site.

11.9 Where planning permission is additionally required, because the proposed storage or use of a hazardous substance is associated with a development proposal, two separate applications and approvals will be necessary. The Council will wish to ensure that related applications for hazardous substances consent and for planning permission are dealt with together.

11.10 The Health and Safety Executive (HSE) has to be consulted on every application for hazardous substances consent. They have the expertise to assess the risks arising to persons in the vicinity from the presence of a hazardous substance. But the decision as to whether those risks are tolerable in the context of existing and potential uses of neighbouring land is one to be made by the local planning authority. Hence, the Act confers responsibility for determining applications for hazardous substances consent, for vetting claims for deemed consent and for enforcing the controls on the local authority.

11.11 The HSE is responsible for notifying local planning authorities of the relevant consultation zones around sites where certain hazardous substances are present. In practice, the installations and sites subject to these arrangements will include those for which hazardous substances consent has been granted, or is deemed to have been granted; notified high pressure gas pipelines; and licensed explosives factories or magazines, harbour areas or other sites licensed by HSE under the Explosives Act 1875.

11.12 The types of development within the consultation zone on which HSE should be consulted include all residential development; retail, office and industrial development above a specified floor area; and any development likely to result in a material increase in the number of persons working within or visiting the notified area. In respect of the last-mentioned category, particular regard has to be had to: developments involving the most vulnerable sections of the community, such as the very young, the sick or the elderly; hotels and other developments where people may be unfamiliar with their surroundings; and leisure and recreational developments which may result in a large number of people congregating in one place.

11.13 The local planning authority is concerned to stabilise and reduce the population at risk from hazardous substances. Consequently, it will oppose applications which will increase the population at risk or put at risk vulnerable groups and will seek the reduction or removal of the hazardous component of notified installations.

11.14 As with planning permission, hazardous substance consent provides an entitlement that runs with the land and, as a general principle, it is considered that compensation should normally be payable when loss or damage results from a revocation or modification. However, it may be undesirable for hazardous substances consent to continue to have effect when it has fallen into disuse, as it could restrict unnecessarily the uses to which neighbouring land can be put, or continue to impose onerous requirements on those who benefit from the consent. Consequently, the Council will use its powers under Section 14 to revoke consent, when appropriate, and when compensation is not payable.

Policy PC4. - POLLUTION CONTROL

The Council will only permit pollution-sensitive developments in close proximity to potentially polluting uses where it can be shown that there would be no detrimental impact on the health or amenity of future occupiers. Where appropriate, conditions or planning obligations will be applied to ensure any impacts are minimised.

11.15 Planning Policy Guidance Note 23 "Planning and Pollution Control" (PPG23, July 1994)is concerned with how the possible release of polluting substances is to be taken into account within the planning system. The guidance explains in para 1.32 that in addition to determining the location of development which may give rise to pollution,"...the planning system should also control development in proximity to potential sources of pollution". This is to ensure that the occupants of the new development are protected from potential pollution and furthermore, that existing potentially polluting processes should not face unreasonable constraints on their operations.

Policy PC5. - LAND AFFECTED BY TIPPED MATERIAL GENERATING LANDFILL GAS

The Council will give appropriate weight to the advice of the Waste Disposal Authority in the determination of planning applications where the possibility of landfill gas is a material consideration, and seek appropriate remediation measures to allow the development to safely proceed.

11.16 Within the Borough there are numerous locations where waste materials have been deposited on the surface. In some cases these materials are inert; however, there are many other cases where the materials are decaying and producing gases as a consequence. These gases consist mainly of methane and carbon dioxide. Methane causes particular problems when it collects and, combined with air, produces an explosive mixture. Buildings located in the vicinity of such gas producing deposits may create conditions where the production of explosive mixtures can occur. Other landfill gases can cause problems including possible production of toxins. Leachates and drainage from tipped sites can also pose risks of pollution to watercourses and groundwater. When an application for planning permission is received within 250 metres of a landfill site notified to it by the Waste Disposal Authority (WDA), the Local Planning Authority is required to consult the WDA on the application and give appropriate weight to its advice in determining the application.

11.17 Development of land within 250 metres of the boundary of existing, former or restored landfill sites may require a site investigation for the detection of migrating gas and leaching contaminants.

Policy PC6. - LAND AFFECTED BY CONTAMINANTS, MINESHAFTS OF UNSATISFACTORY LOAD BEARING CAPACITY OR OTHER CONSTRAINTS

All planning applications for built development must be accompanied by information relating to ground conditions, together with details of remedial measures to deal with contaminants, mineshafts of unsatisfactory load bearing capacity or other constraints. The Council will reclaim, or support the reclamation of derelict waste and contaminated sites to a standard commensurate with the proposed after-use, and protect the environment from increases in pollution arising from development proposals.

11.18. PPG23 emphasises the need for local authorities to be satisfied about the ground conditions of sites proposed for development or redevelopment. Due to the long and largely unregulated industrial history of the Borough, much of the land is affected in ways that affect its availability for development.

11.19 The presence of contaminants may have arisen directly from the industrial processes that were carried out, including the deliberate tipping of toxic chemicals; or may have resulted from an unintentional pollution of the site, that occurred unremarked at the time but nevertheless has the same effect. Some of these contaminated sites are well known, but due to the long industrial history of the area, there are many other sites that will come forward for redevelopment, that will be found on investigation to be seriously contaminated. This contamination may include the emission of toxic gases.

11.20 In an area with such a long history of urban activity, it is not surprising that instances occur of sites that have been disturbed or developed in the past, or have been subject to uncontrolled tipping. This can result in land with inadequate load-bearing properties to support development without treatment, or which may require special building design.

11.21 In a few areas of the Borough there is some risk to development from landslip. This may be a natural phenomenon, or man-made through past development activities.

11.22 In all of the cases above, treatment of the deficiency (or combined deficiencies) in the site can normally be carried out, but this often adds to the time and cost of achieving the redevelopment of the land. Any site within the Borough should be considered likely to be subject to one or more of the above constraints, and the appropriate time and resources allowed for in any redevelopment scheme.

11.23 The Council has been very active in the reclamation of derelict (including contaminated) sites for many years. Although much remains to be done, progress in reducing the proportion of derelict and waste land in the Borough to a more acceptable level is now being made. The Council intends to continue to support the reclamation of sites, as and when they can be treated. However, this will be dependent, to a large extent, on the resources made available by Central Government. When land is remediated for a specific land use, through either a planning condition or legal obligation, consideration will be given to ensuring that the standard of remediation takes into account the requirements of part 11A of the Environmental Protection Act,1990.

11.24 To meet the requirements of PPG23 and Section 57 of the Environment Act there is a need for a separate policy, outlining new duties and powers for dealing with the historic legacy of land contamination. Contaminated land is defined as any land which appears to the enforcing authority to be in such a condition, by reason of substances in, on or under the land, that:

• Significant harm is being caused, or there is a significant possibility of such harm being caused; or
• Pollution of controlled waters is being, or is likely to be caused.

11.25 The extent of contaminated land within the Borough and the interlinking of contaminated sites make it unrealistic to expect that all contamination can be removed, or that it is desirable to disturb stable conditions. With any redevelopment or reclamation proposals, the Council will require that remediation strategies are supported by appropriate technical information, and that measures are taken to prevent an increase in pollution within the reclamation area or surrounding land, watercourses or groundwater resources arising from the development proposals.

11.26 There are few sites in the Borough that are not affected by former mine shafts. The positions of many of these are shown on the records that remain. However, it is commonly the case that the number of shafts found during redevelopment significantly exceeds the number of known shafts.

11.27 Exploitation of coal and ironstone has left voids and broken ground, sometimes at comparatively shallow depths. Residual movement, due to migration of voids towards the surface, is possible in many areas of the Borough, and can impose severe restraints on development.

11.28 In addition, there is a risk of subterranean combustion, both of pit waste and of unworked seams.

Water Quality

Policy PC7. - SURFACE WATER

11.29 Recent floods, the Bye Report and emerging Government Policy in PPG25 (Development and Flood Risk) have reinforced the notion that development should not be permitted in areas where flood problems are likely. Under Section 105 of the Water Resources Act 1991, the Environment Agency is required to undertake surveys and indicate to local planning authorities where problems are likely to occur. Development within floodplains is not only itself at risk from flooding, but by reducing the amount of land available for flood water storage, and by impeding flood flows, can increase the risk of flooding in off-site and sometimes remote locations.

11.30 Therefore, the Council will:

• seek to protect flood plains and prevent development which would create an unacceptable increase in the risk of flooding on site or elsewhere;
• seek to restrict developments which would be subject to unacceptable risk of flooding;
• prevent developments which would adversely affect the water environment as a result of an increase in surface water run-off;
• protect existing or proposed flood defences, and prevent interference with the ability of the Agency or other bodies to carry out flood control works and maintenance activities; and
• prevent developments which would require additional public finance for flood defence works.

11.31.The Council will promote the use of Sustainable Urban Drainage for the disposal of surface water. Sustainable Urban Drainage is a term used to describe techniques that minimise the quantity of water collected as well as minimising the quantity of water discharged, thus reducing the polluting and damaging physical effects of the first flush of contaminated surface water after heavy rainfall. The Council promotes Sustainable Urban Drainage techniques that mimic natural drainage by allowing recharge of local groundwater and gradual seepage into watercourses and canals. The EA, as the statutory regulatory body, has a wide variety of powers to prevent and control water related problems.

11.32 Watercourse corridors are prone to natural flooding. Where possible, new developments should restore natural floodplains and remove obstructions. Water should drain naturally into the ground. Where this is not practical or desirable, then storage should be provided on site by means of surface water balancing ponds/areas, storage tanks, or oversized pipes.

11.33 The failure to install adequate oil interceptor facilities or trapped gullies, as appropriate, on surface water systems serving industrial, highway, residential or commercial schemes can result in pollution, as drainage from these areas is discharged into watercourses and canals.

11.34 In addition to providing water and drainage, Sandwell ’s streams, rivers, lakes and ponds are an important amenity and are valuable as wildlife habitats. The opening up of culverted watercourses as part of proposed development will be encouraged, provided there is no adverse effect upon water quality and drainage.

Water Resources

Policy PC8. - GROUND WATER PROTECTION

The Council, in conjunction with the Environment Agency and other appropriate bodies, will oppose development which is likely to lead to a significantly adverse impact on groundwater resources, both in terms of protecting their quality and/or ability to use the resource.

11.35 Groundwater resources are susceptible to a wide range of threats from various land uses, the consequences of which may take many years to manifest themselves. In Sandwell, the local groundwater in the majority of the Borough has been affected by centuries of mining and polluting industrial activities. It is imperative that new development does not create further pollution. Groundwater is still an important resource in the Borough, as it is abstracted for industrial purposes and provides baseflows to the rivers at times of low flows. This support of baseflow means that groundwater can be at shallow depths, and therefore vulnerable to current and future polluting activities. It should also be remembered that the legacies of the past industrialisation will also have an effect, as shallow groundwater passes through areas of made ground and also deep groundwater encounters materials deposited down mineshafts and in old mine workings. It is recognised that once polluted, groundwater is virtually impossible and very expensive to clean up to its former state. Therefore, groundwater quality across the Borough needs to be protected. Development affecting groundwater should have regard to the advice in the Environment Agency ’s document "Policy and Practice for the Protection of Groundwater."

Policy PC9. - AIR QUALITY

Development will not be permitted where it will significantly adversely impact upon air quality.

11.36 Good air quality is important for sustaining human health. It is also an indicator of broader environmental quality. Poor air quality can directly damage flora, fauna and buildings, and have significant adverse effects on soil and water. Emissions from industry and road transport in particular are major causes of air pollution.

11.37 The Council will seek to maintain or improve air quality in the Sandwell area by:

• maintaining or improving air quality in the local environment; and,
• complementing the objectives of the National Air Quality Strategy.

11.38 Local authorities have a central role in air pollution control. As well as a land use planning role, local authorities, by virtue of the Environment Act 1995 have specific responsibilities under the National Air Quality Strategy (NAQS) to evaluate local air quality and, if necessary, declare Air Quality Management Areas.