local council perspective: how we are implementing changes to … · 2017-05-16 · local council...
TRANSCRIPT
Local Council Perspective: How we are
implementing changes to and managing Contaminated Land within the Planning
process
Brona McLaverty Senior Environmental Health Officer, Causeway Coast and Glens
Borough Council
11th May 2017
1. Contamination – Why is it a consideration? 2. The Planning System – The Challenges 3. Planning System – Before Reform 4. Planning Process – Key Changes 5. How is Land Contamination being managed within the reformed planning process? – Key Roles 6. Challenges and Changes to Council Planning and Environmental Health Officers? 7. Exploring how contaminated land is being managed as part of local development planning.
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LOCAL COUNCIL PERSPECTIVE
Land Contamination - Why is it a
Consideration?
Strategic Planning Policy Statement (2014) - Sustainable Development (3 pillars).
(paras. 3.6,3.8,4.5, 4.11, 4.12)
Regional Development Strategy (RDS 2035). - Promotes development of “Brownfield” land.
- Part 1, Planning Act (NI) 2011 LOCAL COUNCIL PERSPECTIVE
Land Contamination - Why is it a
Consideration?
- “Brownfield Land” – “Land with an Environmental Personality”
- Core Planning
Principles : Sustainable; Protection of Health and Well Being.
LOCAL COUNCIL PERSPECTIVE
A Contamination Case
Land Contamination - Why is it a Consideration?
FARNDALE ESTATE (Residential Development) – FORMER COURTAULDS SITE. Contamination flagged in 2005, 2009 and remediation for asbestos in 2016. 300 properties potentially at risk. Residents impacted – Carbon Disulphide, Mercury and Lead. Asbestos in Gardens throughout the estate. Unacceptable levels of contamination – SPOSH has been determined. 84 homes exposed to unacceptable risks. 4 homes condemned (Carbon Disulphide). Unacceptably high levels of Asbestos in a number of homes.
A Contamination Case Land Contamination - Why is it a Consideration?
ASBESTOS WARNING
“ TO ENSURE RISKS ARE LOW
DON’T DIG WHEN SOIL IS DRY AND DUSTY
DON’T LET CHILDREN PLAY WITH THE SOIL.”
Brownfield site, with unacceptable risks Environmental Health Intervention – Protection of Public Health
FORMER GAS WORKS SITE – COAL TAR - Apartment Development
The Planning System – The Challenges DEVELOPMENT MANAGEMENT DECISIONS – EXPEDIENT LOCAL DEVELOPMENT PLAN MUST CONSIDER RDS 2035 and SPPS. PLANNING CONTROLS MUST MEET PRINCIPLE PLANNING OBJECTIVE TO ENSURE UNACCEPTABLE RISKS TO HUMAN HEALTH, BUILDINGS, OTHER PROPERTY, NATURAL AND HISTORICAL ENVIRONMENT FROM CONTAMINATION ADDRESSED, SO CONDITIONS MUST BE IDENTIFIED AND APPROPRIATE ACTIONS TO DEAL WITH RISKS. QUALITY OUTCOMES IS TO ACHIEVE SAFE/QUALITY DEVELOPMENT.
The Planning System
Planning System Before Reform
Planning Service (NI) – The Planning Authority Delivery through Headquarters and Area Planning Offices Councils with no Planning Powers Councils - Statutory Consultees in whose area the application is
in. 26 Councils, 4 Local Government Groups (Northern, Southern,
Eastern and Western) -
Planning Process Key Changes
Reformed Planning System in NI – 2 tier model of delivery Regional Level – Department for Infrastructure
- Strategic Planning Division •Planning Applications – Regional Significance/Called In Applications •Operational oversight and plan scrutiny role. - Planning Policy Division •Legislation, Policy, Guidance and advice •Monitoring role and bringing forward improvements
Planning Process Key Changes – 1st April 2015
Reformed planning system in NI – 2 tier model of delivery Majority of functions transferred to 11 Super Councils under Local Government Reform -
•Local Plan Management •Development Management for majority of local planning application determinations •Planning enforcement
Planning Process Key Changes – 1st April 2015
Development Management Local Council’s have responsibility for the majority of decisions on planning applications. Scheme of Delegation – Applications to be decided by Planning Committee - Applications to be delegated to Planning Officers.
How is Contaminated Land Managed – Key Roles
Contamination of land may threaten: Public Health Safety Natural Environment Economic Activities through impacts on uses of land
MATERIAL PLANNING
CONSIDERATION
“FAILING TO DEAL ADEQUATELY WITH CONTAMINATION COULD CAUSE HARM TO HUMAN HEALTH, PROPERTY AND THE WIDER ENVIRONMENT.” (NPPF, 2014)
How is Contaminated Land Managed – Key Roles
Planning Role: •Development Management- Decision making – Duty to consult. •Plan Led System – Must consider the development plan, relevant policies, material planning considerations, consultee comments/advice. MATERIAL
PLANNING CONSIDERATION
How is Contaminated Land Managed – Key Roles
Planning Role: Responsibility for ensuring •Risks are understood.
•Risks are addressed. • There is a viable remediation option. •Planning conditions attached to secure land is made suitable for use. (Discharged and Enforced)
MATERIAL PLANNING CONSIDERATION
How is Contaminated Land Managed – Key Roles
Environmental Health Role: • Technical advice -Development Management Process - Human Health receptors - Impartial comments to ensure risks have been addressed, conformance with UK approach, standards and guidance.
MATERIAL PLANNING CONSIDERATION
How is Contaminated Land Managed – Key Roles Environmental Health Role: Consultation period – 21 days - Application/development Appraisal –
Human Health focussed - Applicant’s Supporting Information –
Sufficient? - Important to address at Planning Stage –
Expedient processing/future liability prevention.
- UK Risk Based Approach – Safe “Suitable for Use” developments.
MATERIAL PLANNING CONSIDERATION
CHALLENGES – PLANNING AND ENVIRONMENTAL HEALTH OFFICERS
- Liaison and Communication. - Working as a Team - Better
Engagement. - Review and Development of
systems which will assist in better, efficient and consistent working.
- Workloads – conflicting resources. - Making information clear and
available to assist Planning and the Developer.
What you should expect
Planning Conditions EH request attachment –ve planning conditions to
secure FURTHER information and
SECURE remediation/validation
Application Determination
EH role - When adequate information/provision -
land contamination risks/ human health – planning
condns MMEreports/consultation
s Application
Determination EH role - technical
advice/expert witness/appeals/review
reports - land contamination risks
risksreceptors orts/consultations
Application Stage EH ensure potential contamination risks
highlighted in consultation comments
Pre – Application Stage
Good practice: collaborate/ discussions - planning/other regulatory
stakeholders. EH must engage (Planning
Practice)
EH must ensure good consultation practice in
accordance with EHNI/NIEPG guidance
and ensure timely response and joint
collaboration with other relevant stakeholders.
Land contamination dealt with as a material
planning consideration – EH should provide
comments /technical advice regarding risks to
HUMAN HEALTH receptors
..EH consulted – Local Development Plans/
Planning applications
Council
Environmental Health (EH) Role
Development Management Process
Implementing Changes
1. Providing informed and impartial advice – Improved Systems (Communication and Data-sharing).
2. Progress with Review and Development of EH/Planning Guidance (Regional and at Council level).
3. Better transparency and collaboration – Attendance at stakeholder meetings
4. Participation in Pre-application Discussions, ensuring that issues are flagged at an early stage.
5. Provision of expertise in Planning Appeals and at Planning Committees.
6. Cross-communication/assistance in Planning Enforcement.
LOCAL DEVELOPMENT PLAN:2030 CHALLENGES
Deliver the Plan Strategy – overarching framework. Reformed plan-making system provides for preparation of the Preferred Options Paper -
frontloads community and stakeholder involvement : first stage is gathering data as evidence for the new plan process. Robust evidence gathering Required LDP Timetable Statement of Community Involvement. Consultation - Preferred Options Paper – identifies key planning issues from detailed evidence
gathering process and outlines the Council’s preferred options for addressing these. Draft Plan Strategy – Consultation and Independent Examination Adoption of Plan Strategy Draft Local Plan Policies – Consultation following the developed after the plan strategy – Local
Policies consistent with Plan Strategy: brings forward local site-specific designations/zonings, policy area, associated policy, criteria and key site requirements.
Development Plan documents – public consultation, independent examination, adopted separately and in sequence.
Councils must have a timetable for delivery of LDP. Programme for key documents. Timeline for reading stages
SPPS – LDP should identify previously developed land within settlements (para 6.93).
Planning/EH consultation – Plan Strategy : Zoning of land parcels.
Involvement in Local Policies Plans - Key Site Requirements – Opportunity to Flag
any likely contamination sources, information requirements.
