Draft Regulation 18 Sandwell Local Plan
Pollution Control
14.13 Sandwell Council aims to protect existing and future residents of the borough and the environment from the effects of pollution, both existing and that originating from new development. Controlling pollution appropriately can contribute to the achievement of sustainable development by fulfilling environmental objectives to minimise pollution and social objectives to support healthy communities.
(2) Policy SCO2 - Pollution Control
- Development proposals that are likely to cause or increase pollution or expose their occupants, users or adjacent residents to new or increased pollution will only be permitted where it can be demonstrated that sufficient mitigation measures are available and will be used to minimise harmful impacts to a level that protects the health and amenity of people and the environment. Measures that seek to eliminate existing pollution sources or reduce existing levels of pollution will be supported.
- Development proposals must not, either individually or cumulatively, contribute to or produce poor air quality, odour nuisance and / or unacceptable levels of emissions from commercial and industrial premises that could cause detriment to local amenity. Proposals should be designed to reduce the exposure of occupants and users of the development to poor air quality and mitigate the effects of all relevant pollution sources[187]. The Council will seek to improve air quality across the borough (Policy SHW3). Proposals that include measures to improve air quality will be supported.
- Development proposals that incorporate artificial lighting must have regard to the siting, design and luminance of external lighting sources, and the relationship between light spill and the design of the scheme, to avoid adversely affecting local amenity and nature conservation[188]. Measures should be employed to ensure external lighting is only used when required.
- Development proposals must not give rise to noise and vibration at such levels that they are likely to adversely impact health and quality of life, both during the construction of development and following its completion.
- Development proposals that are sensitive to noise should not be located within an area of existing high levels of noise unless it has been demonstrated that noise impacts can be satisfactorily mitigated by the design and layout of the scheme, and / or the incorporation of insulation, including acoustic glazing.
- The 'agent of change' principle set out in the National Planning Policy Framework will be applied when determining applications for planning permission.
Justification
14.14 The NPPF requires planning policies to prevent new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of air, water or noise pollution[189].
14.15 The whole of Sandwell Borough was declared an Air Quality Management Area (AQMA) in July 2005 due to likely exceedances of the Air Quality Objective for Nitrogen Dioxide of 40 micrograms per cubic metre (ug/m3)[190]. The Borough has historically had poor air quality due to industrial emissions; however, air quality has improved due to cleaner technology and the closure of many traditional heavy industrial premises. The main concern now is traffic-related pollution, due to high traffic volume and the presence of the busy M5 and M6 motorway networks[191].
14.16 National planning guidance states that odour can be a planning concern because of its effect on local amenity[192]. The Institute of Air Quality Management's guidance on the assessment of odour for planning (revised in 2018) explains that there must be odour exposure before an adverse effect can occur[193]. Odour exposure requires the presence of all three links in the source-pathway-receptor chain[194]. Removing a link within the chain can prevent odour exposure.
14.17 National planning guidance also explains that light pollution can be a source of annoyance to people, can be harmful to wildlife and can undermine enjoyment of the countryside or the night sky[195]. It states that the planning system can ensure that external lighting arrangements are deemed appropriately from the outset. Applications for planning permission that introduce new external lighting sources may require sufficient information for the local planning authority to assess the impact of the lighting proposals. The Council may require the incorporation of lighting shields and baffles into the design of new external lighting proposals to mitigate against any negative impacts of the lighting.
14.18 Sandwell Council will seek to safeguard the health and quality of life of its residents by refusing applications for planning permission that would give rise to unacceptable levels of noise and vibration, both during construction and following the completion of development. The Council's validation checklist for planning applications sets out the situations in which an application for planning permission should be accompanied by a noise impact assessment. Such assessments should be carried out and reported in accordance with current authoritative guidance, British Standard and best practice by a competent person. Appropriate mitigation and / or remedial measures should be identified and secured through planning conditions and / or obligations.
14.19 The local planning authority will apply the 'agent of change' principle set out in the National Planning Policy Framework to ensure that new development does not place unreasonable restrictions on the functioning of existing businesses and community facilities
[187] Further guidance in relation to air quality is provided by policy SHW
[188] See also Policy SNE* - habitats
[189] NPPF (2021) paragraph 174, section (e)
[194] The source of pollution is the activity that leads to the pollutants being released. The pathway is the part of the environment that a pollutant travels along on its journey towards the receptor. The receptor is the thing that is being harmed by the source, e.g., humans, trees, wildlife and non-living items such as a monument or building.
