8 Environmental

8 Environmental

8.1 The principle of sustainable development is at the heart of planning policy.  The need to protect and enhance our natural, historic and built environments is central to sustainable development.  The planning system plays an essential role in ensuring the prudent use of our natural resources and minimisation of waste arisings and pollution.  Alongside this the planning system supports the mitigation and adaptation to the effects of climate change whilst seeking the development of renewable and low carbon energy.  The Local Plan must also seek to protect our natural and historic environments by seeking the highest quality design and sustainable construction.  The Local Plan seeks to meet these requirements through the following policies.

• ‘ENV 1 Flood risk and water management’
• ‘ENV 2 Landscape’
• ‘ENV 3 Green infrastructure’
• ‘ENV 4 Biodiversity and geodiversity’
• ‘ENV 5 Historic environment’
• ‘ENV 6 High quality design and sustainable construction’
• ‘ENV 7 Alternative energy supplies’
• ‘ENV 8 Managing waste’
• ‘ENV 9 Minerals supply and safeguarding’

ENV 1 Flood risk and water management

Explanation

8.2 The National Planning Policy Framework states that local plans should take account of climate change over the longer term, including factors such as flood risk, coastal change, water supply and changes to biodiversity and landscape.

8.3 Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere.

8.4 Cheshire West and Chester Council are required to prepare and implement a planning strategy that will help to deliver sustainable development by appraising, managing and reducing flood risk. As Lead Local Flood Authority, Cheshire West and Chester also has a duty to fulfil their requirements through the 'Flood Risk Regulations 2009' and the 'Flood and Water Management Act 2010' to manage flood risk and water management.

8.5 The policy seeks to ensure that development is directed away from areas at highest risk of flooding, especially development that includes key infrastructure and major utilities. It also seeks to make sure that surface water created by new developments is mitigated, thereby reducing surface water run-off impacts of new development on downstream areas in terms of quantity and run-off rates. This will also assist in meeting the requirements of the Water Framework Directive (WFD) and will help to mitigate any adverse effects on water quality. The WFD is designed to:

• enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands which depend on the aquatic ecosystems
• promote the sustainable use of water
• reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances
• ensure progressive reduction of groundwater pollution
• protect the ecology of surface waters by correctly managing their hydrology and geomorphology.

8.6 National legislation, including the 'Flood and Water Management Act 2010' seeks to address the risk of flooding and water scarcity, both of which are expected to increase as a result of climate change. The Act will help local authorities to tackle flood risk in partnership with the Environment Agency and other stakeholders. This will build on earlier legislation, including the 'Flood Risk Regulations 2009' which councils used to develop Preliminary Flood Risk Assessments (PFRAs). The Council's PFRA report was approved by the Environment Agency in November 2011. The Act also requires the use of Sustainable Drainage Systems (SUDS) by removing the automatic right to connect new development to sewers and providing for local authorities to adopt SUDS.

8.7 Developments will be required to integrate measures for sustainable water management to reduce flood risk, avoid adverse impact on water quality and quantity within Cheshire West and Chester, including groundwater resources, and provide opportunities to enhance biodiversity, health and recreation.

8.8 Guidance on the preparation of site specific flood risk assessments is provided at Paragraph 9 of NPPF Technical Guidance which directs applicants for planning permission and local planning authorities to the Environment Agency Standing Advice.

8.9 The Council will develop a Local Flood Risk Management Strategy which will set out the local organisations with responsibility for flood risk in the area, introduce partnership arrangements to ensure co-ordination between these organisations and carry out an assessment of the flood risk and plans and actions for managing the risk.

8.10 To appraise flood risks, national policy requires councils to undertake Strategic Flood Risk Assessments (SFRAs), which provide information at the local (but not site specific) level regarding flooding issues which affect the area. The 'West Cheshire SFRA' was produced in 2008 which identified areas of flood risk from all sources across the borough.

8.11 The 'West Cheshire SFRA' concludes that the main source of flooding in the borough is rivers and streams. Affected properties are generally on low lying land in the rivers' natural floodplain. Parts of Chester and Farndon are at risk of flooding from the River Dee, including the Sealand Basin area of Chester.

8.12 In the Ellesmere Port area, small isolated areas are subject to flood risk from drainage infrastructure and minor watercourses such as Rivacre Brook. The Stanlow industrial area is at risk of tidal flooding, although risk of direct flooding from the River Mersey is significantly reduced due to the presence of the Manchester Ship Canal. The Ince Marshes area is also considered to be at high risk of flooding. Some properties within Frodsham are considered to be under threat of flooding from the River Weaver, however it is mainly agricultural land at risk of flooding in this area.

8.13 In Northwich the most significant flood risk is caused by the Weaver, Dane and Peover Eye river catchments converging. The main flood risk is to properties to the south of the town centre and in Winnington, an industrial area to the north east of Northwich. Some regeneration sites in the centre of Northwich are at risk of flooding and work has been undertaken to understand the nature of this risk including the 'Northwich Area Flood Risk Assessment' (AFRA).

8.14 Winsford has been identified as an area that is at risk of flooding. The 'Winsford AFRA' looks at the flood risk to Winsford’s proposed development areas and provides a guide to possible mitigation and design methods to address any risk of flooding.

8.15 The 'Cheshire West and Chester Water Cycle Strategy' was produced in partnership with the Environment Agency and the three water companies who operate in the borough – United Utilities, Dee Valley Water and Welsh Water. The strategy assesses the implications of proposed housing development on water supplies, wastewater facilities and on the risk of flooding.  It also considers the impacts of increased water use and sewage discharge on important natural habitats such as the Dee and Mersey estuaries.

ENV 2 Landscape

Explanation

8.16 The National Planning Policy Framework states that 'the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes'.  High quality design can make a positive contribution to the protection and enhancement of landscape value and as such is encouraged by the Local Plan.

8.17 Where appropriate, the designation of Local Green Space will provide communities with the opportunity to safeguard green areas which are of particular significance to the local community.

8.18 The 'Cheshire Landscape Character Assessment 2009' classified and described the landscape types across the borough. These character areas, coupled with conservation area appraisals, Village Design Statements, and neighbourhood plans, seek to define the character and local distinctiveness which will be protected and, wherever possible, enhanced across the borough. 

8.19 The quality of local distinctiveness in the borough is an essential landscape asset.  In order to protect local distinctiveness the Council will identify key gaps between settlements outside the Green Belt which will maintain and preserve their individual character.

8.20 Landscape scale assessments have been a consideration of the 'Green Infrastructure Framework'. This identifies areas where investment in environmental enhancement, rural enterprise, access and biodiversity will bring particular benefits to landscape value in the form of improved water resource management, tourism, climatic resilience and wildlife.

8.21 Development proposals should take account of both the 'Green Infrastructure Framework' and the 'Cheshire Landscape Character Assessment' in ensuring features of local landscape significance are incorporated into designs.

8.22 The borough's coastline includes the edge of the Dee and Mersey Estuaries, which form an integral part of the borough's landscape and natural habitat assets.  Development should improve public access to the shoreline and enhance the landscape character of the borough's coastline.

ENV 3 Green infrastructure

Explanation

8.23 Green Infrastructure is the network of green spaces, water bodies, biodiversity habitats, and other natural elements that surround, pass through, and link the settlements and landscapes, connecting the cities, towns and villages in the borough.

8.24 The National Planning Policy Framework (NPPF) sets out that local plans should set out a strategic approach, ‘planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure’. This approach is supported by the Council's Sustainable Community Strategy.

8.25 The NPPF also sets out that Green Infrastructure should be used to help mitigate the effects of climate change in vulnerable areas.  Alongside this, Green Infrastructure can deliver a broad range of functions and provide vital socio-economic and cultural benefits that underpin individual and community health and well-being. The 'Green Infrastructure Framework for North East Wales, Cheshire and Wirral 2011' states that Green Infrastructure can help:

• unlock the economic potential of development sites and attract investment in green employment
• address health inequalities and create a high quality of life for communities across the area
• underpin the economy with a healthy and biodiverse landscape fabric that provides the setting for living and working whilst enabling wildlife to thrive and adapt to environmental change
• climate proof our settlements and our rural economy

8.26 Individual trees, groups of trees and hedgerows make a significant contribution to both the built and rural environment.  Their visual amenity helps define the character of the borough, and their presence ameliorates the adverse environmental and climatic effects of the urban environment; helps to humanise space and; provides important habitats for wildlife.

8.27 The projected reduction in tree cover and the reduction in the size of street trees is a significant factor which the Council seeks to address.  In addition to protecting significant healthy trees and woodlands where they are under threat from development, it will use its powers to issue Tree Preservation Orders (TPOs).  Similarly where important hedgerows contribute to the historic landscape and biodiversity, the Council will encourage their retention.

8.28 The Green Infrastructure approach is useful at multiple levels, from the national to the neighbourhood, as the benefits and functions it provides are applicable at all geographical scales. The 'Green Infrastructure Framework' identifies the strategic links across the sub-region, whilst the Action Plans identified under this process, as well as the Council’s 'Open Space Assessment', 'Biodiversity Audit', 'Playing Pitch Strategy', and 'Public Rights of Way Improvement Plan' add further detail at a local level.

8.29 The level of growth proposed in this plan provides an opportunity to create a strengthened Green Infrastructure network serving the needs of both rural and urban communities and deepening the links between them.

8.30 The provision of Green Infrastructure contributes to the enhancement of landscape character, amenity, recreation, flood mitigation, water quality, sustainable transport, Local Transport Plan priorities, cycling strategy, health and welfare of residents, biodiversity, geological and historical conservation, ecosystem services, tourism and the economic regeneration of the borough.

8.31 The Habitats Regulations Assessment undertaken for the Local Plan concluded that the increase in population as a result of the level of development proposed in Cheshire West and Chester could lead to recreational impacts on internationally-designated habitat sites within and beyond the borough boundary. It has suggested that Green Infrastructure in the borough can be used to avoid negative impacts by providing alternative recreational open space which may help to attract recreational users away from sensitive European sites, and reduce additional pressure on them.

ENV 4 Biodiversity and geodiversity

Explanation

8.32 The National Planning Policy Framework requires the planning system to contribute to and enhance the natural and local environment.

8.33 Biodiversity and geodiversity support the vital ecosystem services, such as fertile soil, clean air, and growing food, as well as contributing to a higher quality of life.  Biodiversity is protected at a range of levels, from international to local, with many of these designations overlapping.  Some designated areas are statutory requirements for the Council to protect, others are designated for local importance.

8.34 The borough contains various sites and species which are protected as internationally, nationally and locally important. Statutorily protected biodiversity (generally under international or national designations) are afforded the highest level of protection. Developments outside but adjacent to statutory sites or within their catchments may have an adverse impact on them. Local designations identify important sources of environmental, social and economic benefit at the community level and contribute to functioning ecological networks.

8.35 In addition to conservation, it is important to enhance biodiversity and geodiversity wherever possible. This will involve restoring and increasing the total area of natural habitats and landscape features. The policy seek to strengthen the resilience of the borough’s biodiversity by linking up areas of high value habitat to create ecological ‘stepping stones’ and wildlife corridors.

8.36 Biodiversity does not just occur on greenfield, undisturbed sites – many brownfield sites can have biodiversity value, and many sites require management to retain their importance. Where possible, these areas will be enhanced and integrated into the functional network.

8.37 Irreplaceable habitats are vital due to their rarity, vulnerability, age or complexity, for which there can be no adequate substitute. Irreplaceable habitats include ancient woodland, veteran trees, meres and mosses.

8.38 National and international designations include:

• Special Protection Areas (SPAs)
• Special Areas of Conservation (SACs)
• Ramsar sites
• Sites of Special Scientific Interest (SSSI)
• National Nature Reserves (NNR)
• Any candidate Special Protection Areas (SPAs), Special Areas of Conservations (SACs) or Ramsar Sites, Sites of Special Scientific Interest (SSSI)
• Sites identified or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.

8.39 The Council will need to be satisfied that the implementation of proposals will not have an unacceptable impact on the area's environmentally sensitive areas, including safeguarding of supporting habitat for bird species protected by international designations.  Development proposals which may have an adverse impact will need to be subject to a Habitats Regulation Assessment at the project level to ensure that any likely significant effects have been assessed and measures to avoid these effects have been identified and are deliverable.  All new development which will have an adverse impact upon a site with one or more international designations will not be permitted.

8.40 Local or regional designations, habitats or species include:

• Nature Improvement Areas
• Local Nature Reserves
• Sites of Biological Interest (SBI) or Local Wildlife Sites
• Regional Important Geological and Geomorphological Sites (RIGGS)
• Habitats and species within the Cheshire Biodiversity Action Plan
• Priority Habitats and species within the UK Biodiversity Action Plan
• Habitats and species listed in respect of Section 41 of the Natural Environment and Rural Communities Act 2006
• Legally protected species
• Semi Natural Woodland

8.41 The Council will, where appropriate, work in partnership with other local authorities and relevant bodies, to avoid and manage cumulative, and in combination, impacts of development on these sites. The Habitats Regulation Assessment highlighted the issue of recreational pressure as a result of increased population on the Mersey Estuary/Dee Estuary SPA/SAC and Ramsar sites.  The Council will need to work with other local authorities and organisations to monitor the progress of ongoing assessments and recreational management studies being undertaken on these sites.  The determination of development proposals will need to take account of the evidence and recommendations in this research.

ENV 5 Historic environment

Explanation

8.42 Cheshire West and Chester has a unique and significant historic legacy which is recognised throughout the policies of the Local Plan.  Heritage assets are an irreplaceable resource which must be protected, conserved, managed and enhanced.  To secure the future of such assets, the Council will encourage the retention of their existing uses, considering favourably appropriate new uses that do not harm the assets significance.

8.43 The historic environment adds value to regeneration and attracts businesses to the borough, acting as a stimulus for local economic growth. The borough’s heritage also strengthens local distinctiveness and sense of place for the borough's residents and provides enjoyment for visitors.

8.44 Cheshire West and Chester has a rich and diverse archaeological and built heritage, including prehistoric burial sites and hillforts, well preserved medieval agricultural landscapes with moated sites and motte and bailey castles, the distinctive 'black and white' architecture and industrial heritage of Northwich, the historic waterway environment and the wealth of Georgian and Victorian buildings and high quality modern development.

8.45 A key priority of the Council's Sustainable Community Strategy is valuing and promoting West Cheshire’s unique and diverse natural and built environments, and supporting the development of rich cultural opportunities. The vision emphasises the importance of the historic environment of Cheshire West and Chester, stating 'everybody will be proud of our varied and unique local distinctiveness, culture and heritage, with a strong sense of civic pride'.

8.46 The policy outlines the importance of managing development with respect to all heritage assets. This is in accordance with national planning policy and best practice advice from Government advisory bodies such as English Heritage and the Design Council, which seek to ensure that protection and restoration of historic areas is seen as a key contribution to sustainable regeneration.

8.47 The Council is committed to the protection and enhancement of historic assets. Only in exceptional circumstances where a developer can demonstrate that the need for the development clearly outweighs the need to retain a particular feature and where appropriate mitigation and/or compensatory measures can be provided will permission be granted.

ENV 6 High quality design and sustainable construction

Explanation

High quality design

8.48 As set out in the National Planning Policy Framework (NPPF), the Government attaches great importance to the design and quality of the built environment, stating that ‘it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes’.

8.49 Good design facilitates, and contributes to local distinctiveness, a sense of place, and civic pride. It improves and enhances the existing environment and helps to attract people, businesses and investment. The quality of architecture and design are both significant to the impact of development in urban and rural areas, with good development requiring an understanding of the context in which it takes place.

8.50 High standards of design and local distinctiveness, which build on the existing character of communities, are important not only for the appearance of the area, but also for the creation of safer and more sustainable environments.

8.51 New development will be required to demonstrate that it is appropriate to the character and context of the local and surrounding environment.  This will require consideration of the prevailing layout, urban grain, legibility, landscape, amenity, density and mix of uses, scale and height, massing, appearance, important views, historic routes and materials. Relevant and appropriate design standards and guidance should be used to help guide development across the borough including:

• Lifetime Home Standards
• Building For Life 12
• By Design: Better Places to Live
• Secured by Design
• The Manual for Streets
• Buildings in Context

8.52 The Council will also look to the use of allowable solutions or carbon offsetting as part of local mechanisms to set standards for low or zero carbon development and deliver energy saving and renewables projects.  The proposed framework for zero carbon development is yet to be confirmed by the Government and is currently being developed at the national level.  Allowable solutions are likely to be an identified set of on, off and near-site options or projects that will be used to offset the remaining carbon emissions of a proposal.  The Council will use the national prescribed scheme once in place or look to establish local mechanisms if the national scheme is not introduced as planned.

8.53 The One City Plan sets out a growth framework for Chester which includes a design manifesto. Village Design Statements (VDS), and increasingly neighbourhood plans, also set out the character of communities against which planning applications can be assessed.

Sustainable construction

8.54 High quality design and construction are key aspects of sustainable development.  Development proposals should minimise waste including during construction, maximise opportunities for the recycling and composting of waste, include the sustainable use of materials, contribute to the reduction of CO2 emissions and mitigate and adapt to the effects of climate change.

8.55 The Council will support the redevelopment of existing buildings for new uses, where appropriate. This redevelopment must be mindful of the heritage value of the existing building and should refer to Policy ENV 5 Historic environment. The benefits of reusing existing buildings includes the conservation of the embodied energy inherent in the existing building, but also the fact that many older buildings have design features that sit well with the modern sustainability agenda, and the reduction of carbon emissions.

8.56 NPPF sets out that the council should 'adopt proactive strategies to mitigate and adapt to climate change'. Mitigation relates to the causes of climate change, and is primarily addressed through the control of greenhouse gases, and carbon dioxide in particular. Adaptation relates to the consequences of climate change, and is primarily addressed through design, behavioural changes, and land use controls. Early adaptation will cost less money and will mean the borough will be better equipped to deal with future impacts.

8.57 The NPPF recommends that any proposals for sustainable buildings use nationally described standards. The Government's preferred standards are the Code for Sustainable Homes (CSH), and BREEAM, although these are not the only available and recognised standards that would be acceptable under this policy.

8.58 The 'Low Carbon and Renewable Energy Study' projects that future energy consumption in the borough will be higher in 2030 than it is now. To help address this, sustainable design and construction techniques, adaptive reuse, and energy efficiency measures, in both new and existing development, should be used.

ENV 7 Alternative energy supplies

Explanation

8.59 Generating energy from renewable and low-carbon sources is an important part of the Government’s strategy to develop a low-carbon economy, tackle climate change and create a secure, safe and affordable energy system.  The UK has agreed ambitious national targets for increasing the proportion of the country’s energy that comes from renewable sources and reducing greenhouse gas emissions.

• To supply 15 percent of our energy from renewable sources by 2020 in the most cost effective way, whilst there is scope for renewable energy to account for 30-45 percent of all energy consumed in the UK by 2030.
• To reduce greenhouse gas emissions by at least 34 percent by 2020 and 80 percent by 2050, below a 1990 baseline.

8.60 The Local Plan will make a key contribution to these national drivers. This policy reflects guidance set out in the National Planning Policy Framework and recognises the important role planning plays in supporting the delivery of renewable and low carbon energy generation.

8.61 The '2012 Cheshire West and Chester Renewable and Low Carbon Energy Study' provides a technical assessment of the potential for renewable and low carbon energy generation in the borough. It suggests that renewable and low carbon energy resources could collectively provide 4.2 percent of the borough’s energy requirements saving 280,000 tonnes of carbon dioxide emissions by 2030.

8.62 The 'Renewable and Low Carbon Energy Study' highlights the majority of the borough’s renewable and low carbon energy resources are likely to be used across the authority area in small, scattered developments, with few strategic large scale opportunities to require specific local targets or formal area designations.  A criteria-based policy approach is considered to be an appropriate mechanism to manage these and other suitable large, small and community scale opportunities and supporting infrastructure that may come forward.

8.63 The 'Renewable and Low Carbon Energy Study' identifies where some of Cheshire West and Chester’s renewable and low carbon energy resources could be harnessed.  Applicants are encouraged to refer to the study for a fuller understanding of these and other opportunities to use renewable and low carbon energy in the borough, noting that additional site specific work may be required to fully understand the feasibility and policy acceptability of a proposal.

8.64 There are particular spatial opportunities to employ district heating in parts of Chester, Ellesmere Port, Northwich and Winsford and to supply new development of a sufficient scale or heat load. The Council will encourage development proposals that could feasibly deliver district heating infrastructure within these areas to do so unless this would not be viable.  This includes proposals that could anchor, supply, connect to or be co-located to provide district heating opportunities. The Council will encourage developers to achieve any national or local requirement for energy from renewable or low carbon sources through district heating where feasible.

8.65 It is currently anticipated that building regulations and standards will increasingly lead the requirement for small scale renewable and low carbon sources in new developments over the coming years to achieve the Government’s zero carbon development programme.  This is therefore supported in line with this policy.  In the event that changes to national requirements are not brought into effect as planned the Council may look to introduce local mechanisms to encourage small scale renewable and low carbon energy generation in future developments.

8.66 The Government has outlined its ambitions for residential and non-domestic development to be delivered to a zero carbon standard by 2016 and 2019 respectively.  It is anticipated that zero carbon development will be realised predominantly through energy efficiency measures and the use of on-site low or zero carbon energy and connected heat.   However, it is recognised that it will be difficult to deliver all of the carbon savings necessary to meet zero carbon standards on site through these measures alone.  Allowable solutions will be used to abate these remaining emissions and are supported by other policies within the Local Plan as set out in Policy ‘ENV 6 High quality design and sustainable construction’.

8.67 Unconventional hydrocarbons such as coalbed methane and shale gas could represent an important alternative to traditional fuel supplies. The policy alongside other policies within the Local Plan seek to manage any adverse impacts that may be associated with the exploration, appraisal and production of alternative hydrocarbon energy fuels that could be exploited in the borough. Fuel derived from hydrocarbons is neither renewable or low carbon.  Accordingly the Council will encourage developers to explore highly energy efficient end-uses for fuel that will achieve carbon reductions, for example combined heat and power energy generation. The potential for on-site capture and use for energy production is recognised.

8.68 A habitats regulation assessment will be required to assess the impacts associated with the design, location, construction, operation and decommissioning for standalone renewable energy schemes likely to have an unacceptable impact on internationally protected species and habitats.

ENV 8 Managing waste

Explanation

8.69 This policy makes provision for Cheshire West and Chester to deal with all types of waste generated in the borough.  National policy requires the management of waste as a resource and in accordance with the waste hierarchy. This policy supports the provision of sites for new waste management facilities, whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations. The approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and from further afield.  However, the borough does not depend heavily on any single facility or area outside its boundary to provide waste management facilities.

8.70 The Local Plan supports European and national waste policy as set out in the Waste Framework Directive and Planning Policy Statement 10.  It also supports the delivery of facilities to assist with the implementation of the Council's municipal waste management strategy, recycling and disposal contracts.  It recognises that the borough is home to existing waste management facilities that are of sub regional, regional and national significance.

8.71 The locational strategy for waste facilities is based on the use of existing operational sites in the borough and three locations at Ince Park near Ellesmere Port, Lostock Works, Northwich and Kinderton Lodge near Middlewich. These all benefit from planning consent for waste uses, and although at the current time are not operational, are located in proximity to the largest conurbations in the borough and have the potential for the co-location of waste management facilities.

8.72 In preparing the policy an assessment has been made of the capacity requirements for the sustainable management of the following wastes: local authority collected; commercial and industrial; construction and demolition; low level radioactive waste; agricultural waste; hazardous; and sewage sludge. The results of this assessment are set out in the waste needs assessment update 2013 including the borough's position in relation to existing and planned waste management facilities.  The waste needs assessment will be updated annually in line with the guidance for local planning authorities on implementing the planning requirements of the EU Waste Framework Directive.  

8.73 The overall required capacity along with the current and planned capacity of waste management facilities in the borough is shown in the table below.

8.74 The waste needs assessment update 2012 demonstrates that there is sufficient capacity in existing and planned facilities to meet the waste requirements of the borough for all key waste streams up to 2030.

8.75 There are several waste management sites with planning consent for recycling, treatment  and disposal in the borough that are not yet operational as indicated in Table 8.2.  The consented capacity is concentrated at three key locations in the borough at Kinderton Lodge near Middlewich; Ince Park and energy from waste plant and Lostock Works, Northwich. Kinderton Lodge has planning permission for clay extraction with restoration through the landfilling of waste. The site also has permission for open windrow composting and a materials recycling facility connected to the landfill operations. Ince Park has consent as a multimodal resource recovery park and energy from waste facility with development plots to support the waste, energy and environmental technologies sectors. Within Ince Park the consented waste uses comprise a 95MW energy from waste facility; soil treatment facility; wood and timber recycling; incinerator bottom ash aggregate facility integrated waste management facility; plastics recycling village and biomass renewable energy plant. Alternative development of these sites may be considered acceptable provided equivalent capacity is provided elsewhere within Ince Park. Any alternative development on these sites should be in conformity with the concept of a multi-modal resource recovery park, energy from waste facility and environmental technologies complex as consented. At Lostock Works there are several planning permissions in place for waste uses including recycling; recovery and energy from waste. Policy ENV 8 safeguards these permissions from alternative uses and supports these sites being brought forward as permitted. They provide the Council with land to meet its waste management needs and its responsibilities in delivery of sustainable waste management as set out in Planning Policy Statement 10.

8.76 Together these sites potentially would provide the borough with a large amount of recycling and treatment capacity if all were built and operational. However, whilst policy ENV 8 safeguards consented capacity going forward it also recognises that consents cannot be wholly relied upon to deliver the required capacity. Planning consent is the first stage in the delivery of new waste management facilities and there are many hurdles to overcome from planning consent to becoming operational.  The position of sites with planning consent but not operational will be kept under regular review through annual monitoring to ensure there is sufficient land available to support new waste development in the borough. Should this monitoring indicate that any of the consented recycling, treatment or disposal capacity is unlikely to become available or significantly restricted this would trigger the need for a review of waste policy in the Local Plan to ensure the identification of sufficient land for waste development in the borough. The monitoring section sets this out in more detail.

8.77 To ensure that the policy approach is not overly restrictive the policy does allows for other waste proposals to come forward subject to the criteria set out in policy over and above the consented capacity.

8.78 There is one operational landfill site in the borough in Chester (The Gowy).  The consented void space is safeguarded and extensions of time will be viewed favourably where this will ensure the site is restored to the required standard as set out in the planning permission.  Permission for a new landfill facility was granted in 2007, at Kinderton Lodge near Middlewich, which whilst implemented, is currently non operational and dependent on prior mineral extraction to create the void for future landfill. The amount of available landfill void in Cheshire West and Chester is declining. The potential for identifying new landfill sites is limited by environmental constraints.  However, given that less waste is being landfilled, existing available and consented capacity is expected to last beyond 2024 when the estimated short fall in capacity is predicated. Therefore the Local Plan does not identify any additional sites for landfill but the situation will be subject to regular monitoring. Should monitoring indicate that the situation at the Gowy and/or Kinderton Lodge has changed significantly this will be addressed by a review of the waste policy in the Local Plan.

8.79 Despite Cheshire West and Chester having nationally significant facilities for the treatment and disposal of hazardous waste, including the long term storage (Winsford Rock Salt Mine) and a high temperature incinerator (Ellesmere Port), the majority of the borough's hazardous waste is exported to other hazardous waste facilities for treatment or disposal. However, the borough is a net importer of hazardous waste given the two nationally significant facilities in the borough.  This reflects that the treatment of hazardous waste operates in a national market and each hazardous waste facility has a national catchment area and will specialise in a particular type of treatment or disposal.  The two facilities within Cheshire West and Chester are safeguarded and no additional facilities are proposed for the disposal of hazardous wastes.

8.80 Whilst Cheshire West and Chester has a site (Capenhurst) producing intermediate level radioactive waste, very low level radioactive waste can be produced from many non nuclear industrial sites including hospitals, universities, research facilities and the oil and gas industries.  This policy does not cover radioactive wastes that arise in Cheshire West and Chester as the detailed waste management plan of the Capenhurst facility provides for all of its arisings.  The volumes created at the other facilities whilst uncertain, are very small and indications are that it is handled in the most appropriate way.  Government policy on low level radioactive waste has recently changed and revised regulation allows more high volume very low level waste to be disposed of by controlled burials to take place at landfill sites. Although Cheshire West and Chester will be consulted on any applications to dispose of radioactive waste to landfill, the Environment Agency are the regulatory/determining authority.

8.81 Waste policy has a supporting role to identify sufficient land to allow the water utility companies to discharge their responsibilities should any additional infrastructure be required. In the planning process the water companies take into account development proposals and potential applications to design growth needs into their future asset management plans. Whilst the companies have indicated that there may be a need for quality improvements to the works, there has been no indication that additional land is required for the management of sewage sludge. This policy is therefore based upon no additional sites being required to deal with sewage sludge during the plan period.

8.82 There may be a need to identify a number of additional sites in the Local Plan (Part Two) Land Allocation and Detailed Policies Plan for specific uses. This is likely to include sites to replace the Household Waste Recycling Centres in Frodsham, Chester and Tattenhall. This would not be new capacity but replacement for existing sites. Environmentally acceptable facilities at new locations which would improve accessibility to these facilities will be supported. Sites will be selected in accordance with the site identification criteria set out in Annex E of Planning Policy Statement 10.

8.83 This policy also encourages the development of on farm anaerobic digestion plants for the management of agricultural waste on farm units. This supports current practise for the management of agricultural waste in the borough, where a large amount of agricultural waste is produced but very little leaves the farm for management.

8.84 Policy ENV8 works alongside the other policies in the Local Plan (Part One) Strategic Policies and policies to be retained in the Cheshire Replacement Waste Local Plan for the determination of planning applications, until such time these are replaced by the Local Plan (Part Two) Land Allocations and Detailed Policies Plan.

ENV 9 Minerals supply and safeguarding

Explanation

8.85 Mineral resources are key to the delivery of sustainable economic growth and enable the delivery of the necessary infrastructure our communities need.  The National Planning Policy Framework (NPPF) requires all Mineral Planning Authorities to plan for and maintain a minimum seven year landbank for aggregate land-won sand and gravel.  Current sub-national guidelines, apportioned by the North West Aggregate Working Party as shown in North West AWP aggregate apportionment requirements 2005-2020 (million tonnes), require Cheshire West and Chester to contribute 0.80mt of aggregate land-won sand and gravel per annum to meet demand between 2005-2020.  This apportionment has been rolled forward to the end of the Plan period to calculate a minimum requirement of 16 million tonnes for the period 2010-2030.  This requirement will be reviewed annually in light of the results of the Local Aggregate Assessment and any revised sub-national apportionment figures being established, having regard to the environmental acceptability of any changes.

8.86 The Minerals Audit 2011 'Minerals Audit: Sand and gravel sites', Cheshire West and Chester Council, July 2011 provided reserve and production data for aggregate land-won sand and gravel up to December 2010.  The information collected during the audit provided an overview of available resources as at December 2010 and the expected depletion dates for each of the active sand and gravel sites within the borough.  This data has now been updated through the Interim Local Aggregate Assessment 2013 which collates reserve and production data for the period 1 January to 31 December 2012 and provides an overview of sales patterns over the previous ten year period.

8.87 The Interim Local Aggregate Assessment 2013 provided a ten year average sales figure of 0.72mt per annum. Ten year average sales take account of periods of high sales and steep declines as experienced in the UK during the past ten year period.  The average sales figure has been used, alongside the apportionment requirement, to provide up to date landbank data for the borough.

8.88 Table 7.4 shows that under both methodologies the borough has an adequate landbank for sand and gravel in excess of the minimum seven years as outlined in the NPPF.  However, as per advice set out in the Guidance on the Managed Aggregate Supply System a landbank in excess of the minimum seven years should not be seen as a reason to restrict further release of aggregate reserves.

8.89 Local Aggregate Assessments will provide an up-to-date appraisal of demand for and supply of aggregate in Cheshire West and Chester.  It is anticipated that these assessments will indicate any fall in available resources or indeed any surplus.

8.90 The Council will identify specific sites and preferred areas for mineral extraction in the Local Plan (Part Two) Land Allocations and Detailed Policies Plan for the determination of planning applications.  Policy ENV 9 works alongside other policies in the Local Plan (Part One) Strategic Policies, retained policies in the Cheshire Replacement Minerals Local Plan and Planning Practice Guidance to the National Planning Policy Framework, to assess and manage the impacts of minerals proposals until such time as they are replaced by the Local Plan (Part Two) Land Allocations and Detailed Policies Plan.