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21.1 The NPPF has given a greater focus to health. The revisions to the NPPF specify that complying with the requirement for policies and decisions to aim to achieve ‘healthy, inclusive and safe places’ will be achieved through both ‘promoting good health and preventing ill-health' and reducing ‘health inequalities between the most and least deprived communities’ (NPPF, paragraph 96)
21.2 Paragraph 97 in the NPPF that states that authorities should refuse applications for hot food takeaways and fast food outlets within walking distance of schools and other places where young people congregate, unless in a designated town centre, or in locations where there is evidence that a concentration of such uses has adverse impact on local health, pollution or anti-social behaviour.
21.3 The NPPF also gives reference to open space and recreation. Paragraph 103 states that ‘access to a network of high-quality open spaces and opportunities for sport and physical activity is important for the health and wellbeing of communities.’
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Local Plan |
Policy reference |
Policy summary |
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Policy sets out support for proposals which will meet the health and wellbeing needs of the boroughs’ residents. |
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Sets out new development will safeguard quality of life for residents and those living nearby. |
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Local Plan (Part Two) |
Requires a Construction Environmental Management Plan where a proposal will have significant adverse environmental effects during construction. |
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Local Plan (Part Two) |
Policy sets out that proposals should take reasonable opportunity to promote and positively contribute to the health of the borough in line with Local Plan (Part One) policy SOC 5. |
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Local Plan (Part Two) |
In line with Local Plan (Part One) policy SOC 5, development must not give rise to significant adverse impacts on health and quality of life, from noise. |
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Local Plan (Part Two) |
DM 31 Air quality |
Sets out where development must not give rise to significant adverse impacts on health and quality of life, from air pollution. |
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Local Plan (Part Two) |
Policy sets out where development proposals on land known or suspected to be contaminated must demonstrate that they will not give rise to significant adverse impacts on health. |
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Local Plan (Part Two) |
DM 33 New or extension to hazardous installations |
Policy sets out where development proposals that either creates new hazardous installations or extends existing hazardous installations will be supported |
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Local Plan (Part Two) |
DM 34 Development in the vicinity of hazardous installations |
Policy sets out that development in the vicinity of hazardous installations will be supported providing it would not result in a significant increase in the number of people being subjected to threshold levels of risk. |
21.4 The health and wellbeing of our residents is a prime concern of the Council. Promotion of health and wellbeing is key throughout the new Local Plan. The policy approach will seek to promote greater quality of developments including patterns, types and nature of such as well as restricting development that gives rise to significant adverse impacts on health and quality of life and will be in general conformity with the NPPF (paragraphs 96-102 ).
21.5 For the most effective approach, we could see a combining of Local Plan (Part 1) policy SOC 5 and Local Plan (Part 2) policies DM 2, DM 4, DM 29, DM 30, DM 31 and DM 32. A possible policy approach is set out below. The Council has prepared an advice note that provides detailed guidance on the consideration of proposals for hot food takeaways and the use of 400 metre zone around secondary schools and colleges.
To meet the health and wellbeing needs of our residents, proposals will be supported that provide new or improved health facilities across the borough, supports improved links to healthcare in rural areas and promotes safe and accessible environments and developments.
Proposals should also aim to promote high quality access to green space across the borough that will support opportunities to widen and strengthen the boroughs cultural, sport, recreation and leisure offer.
Development proposals that give rise to significant adverse impacts on health and quality of life including residential amenity, will not be supported.
Where the Council considers it likely that the proposal will result in significant adverse environmental effects during the construction phase a Construction Environmental Management Plan (CEMP) will be required.
Development proposals should take every reasonable opportunity to promote and positively contribute to the health of the borough by submitting a statement considering the health implications of new build commercial and residential development.
Developments should support and protect cultural, sport, recreation and leisure facilities that are valued by the local community.
Where development is likely to have a significant impact, including any cumulative impacts on public health, it must be demonstrated how health and wellbeing has been considered through an assessment
Applications that are likely to have a significant health impact must make a positive contribution to health and wellbeing and any negative impacts need to be mitigated.
All proposals for new development will be expected to safeguard the quality of life for residents within the development and those nearby. Development will only be supported where it does not result in a significant adverse impact upon the residential amenity of the occupiers of existing properties or future occupiers of the proposed development.
Issues impacting residential amenity include, but are not limited to outlook, privacy, light, noise and odour.
Residential development must include an appropriate quantity and quality of outdoor private amenity space, having regard to the type and size of the proposed development.
Development which generates noise or is sensitive to it, will only be permitted where it does not have an unacceptable adverse impact on human health or quality of life.
It is expected that demolition and construction work shall be carried out during normal working hours, unless it can be demonstrated that significant adverse impact on residential amenity is unlikely.
The Council must be satisfied that the proposed location of any construction or demolition site compound will minimise the noise impact on neighbouring residential uses.
Development must not give rise to significant adverse impacts on health and quality of life from air pollution. An air quality assessment will be required for development proposals that have the potential for significant air quality impacts, including those which are classed as major development with the potential for significant emissions and those that are likely to expose people to existing sources of air pollutants.
Applicants must demonstrate that appropriate mitigation will be provided to ensure that the new development is appropriate for its location and unacceptable risks are avoided.
Development proposals on land known or suspected to be unstable or contaminated must demonstrate that they will not give rise to significant adverse impacts on health, controlled waters, ecological receptors, property and quality of life.
Development on previously developed sites, adjacent to suspected contaminated land or adjoining/adjacent to a landfill site may need to be supported by an appropriate contamination assessment that clearly demonstrates that the risk from contamination can be successfully mitigated and managed over the lifetime of the development.
In areas of potential land instability, an assessment should be made to ensure that the land is suitable for the proposed development and that development can be undertaken, occupied and used without risk to people and property resulting from underground conditions. Areas of potential land instability will include those of vulnerable topography or geology, with evidence of brine and salt extraction, past or potential future natural subsidence due to salt erosion and coal mining.
Development must not result in an increased risk of subsidence or land instability on the site or in the surrounding area.
Please refer to section MS 1 ‘Minerals supply’ for further policy guidance relating to the supply of land won aggregate and for guidance as to where mineral applications which may impact land contamination and stability will be supported.
Hazardous substances consent or development proposals in the vicinity of hazardous installations which creates new hazardous installations, extends existing hazardous installations will be supported providing that they do not result in a significant increase in the number of people being subjected to threshold levels of risk.
Applications for underground hazardous waste storage will be supported providing it is demonstrated that it is the most sustainable option, that ground stability would not be affected and that mineral reserves would not be sterilised.
Do you agree with the suggested policy approach towards health and wellbeing, as set out in HW 1 ‘Health and wellbeing’ above? If not, please suggest how it could be amended?
Do you have any thoughts on the threshold of the health impact assessment requirement?
Should we consider reviewing the separation distances between facing windows of main habitable rooms, as set out in current Local Plan (Part Two) policy DM 2 Impact on residential amenity, and include them in a policy in the new Local Plan?
What is an appropriate quantity of outdoor amenity space to be provided in new developments? What approach should we apply to apartments/flats?
Would it be useful for elements of the Council's Hot food takeaways guidance note 2023 to be added to the policy approach? Please specify which elements?