13 Health and well-being

13 Health and well-being

13.1 This chapter considers how development can impact on health and wellbeing of residents, including how the built environment can contribute to health to how air quality, noise, land instability and contamination should be considered. Policies in this chapter consider hazardous installations and appropriate locations for such a use along with the appropriate development in a hazard zone to ensure the best use of available land.

13.2 The National Planning Policy Framework (NPPF) actively promotes strong, vibrant and healthy communities and recognises that the planning system can play an important role. Health and wellbeing is a core theme that runs through the Local Plan (Part One). The health and wellbeing strategy (2015-2020) is the strategic framework for improving health and inequality across the borough. The Joint Strategic Needs Assessment (JSNA) brings together data and intelligence that helps us understand the needs of the local population. The JSNA is organised under themes of population, starting well, living well, working well and ageing well. The Council is preparing a Low Emissions Strategy to make an improvement to the air quality across the borough.

13.3 The borough has a four Air Quality Management Areas (AQMA) within Chester, Frodsham and Ellesmere Port. There is a significant amount of industrial and potentially polluting uses east of Ellesmere Port and east of Northwich. Many of these uses have hazardous substances on site and can limit development in the surround areas. The Mid-Cheshire area has historically been a major area for salt and brine extraction and as such, land instability may arise.

DM 29 - Health impacts of new development

Explanation

13.4 Local Plan (Part One) policy SOC 5 supports new and improved health and wellbeing in the borough, whilst ensuring residential amenity is protected. New build development can have a positive and negative impact on health and wellbeing. Although the proposed development maybe small scale, the cumulative effects can have a significant impact on health as a whole. Applicants, should be conscious of health impacts when preparing development proposals. Whilst a full health impact assessment would not be expected for all development, considerations towards physical and mental health should be included in a statement included with the planning application. Mitigation of negative impacts should be made that are proportionate to the proposed scheme.

13.5 The Cheshire West and Chester Health and Wellbeing Strategy (2015-2020) sets out the strategic framework for improving health and reducing inequalities across the borough. The emphasis in the strategy is on prevention, coordination and integration of care, and sets out the following priorities:

• every child and young person has the best start in life;
• people have healthier lifestyles;
• improved mental health, wellbeing and personal resilience; and
• older people live healthier and more independent lives, feel supported and have a good quality of life

13.6 The Health and Wellbeing Strategy builds upon the key priorities identified in the Cheshire West and Chester's Joint Strategic Needs Assessment (JSNA) and is a process undertaken jointly by the Council and its partners. The JSNA shows a number of key health and wellbeing priorities, highlighting specific challenges in:

• the health inequalities facing those living within our most disadvantaged communities;
• an increasing proportion of older people - a large proportion of whom have complex needs;
• the increase in unhealthy lifestyles leading to preventable diseases and early death;
• the need to ensure access to services for vulnerable groups.

13.7 The JSNA also identifies childhood obesity as a growing issue for the borough. The Health and Wellbeing Strategy identifies reducing excess weight in children as an indicator of meeting key priorities.

13.8 Developments that are likely to impact the challenges in the borough as identified in the JSNA should demonstrate how the scheme contributes to the outcomes in the Health and Wellbeing Strategy. Other development that is likely to have a significant impact on health such as large scale residential schemes, large scale economic uses and hazardous development should demonstrate the positive impacts of the development and how negative impacts are mitigated.

13.9 An assessment that demonstrates the positive and negative impacts of development on health and wellbeing should be included with the planning application when required. An assessment could include a standalone Health Impact Assessment, an integrated assessment with an Environmental Impact Assessment (EIA), Sustainability Appraisal (SA), or a suitable agreed alternative.

13.10 It is acknowledged that there are a number of ways to contribute to strong, vibrant and healthy communities such as promotion of social interaction for people of all ages; meeting the needs of an increasingly elderly population; providing good access to local services and facilities; reducing health inequalities; supporting people of all ages in making healthier choices and access to healthier food; making a positive contribution to health and quality of life, including minimising pollution; providing safe places for active sport, play and food growing; promoting active travel; and enhancing access to green open space and recreational route ways. Many of these can be achieved through the consideration of the design and layout of a scheme, and should be demonstrated in the planning application, which can provide opportunities to be active within developments themselves as included in Sports England's Active Design Principles.

13.11 Hot food takeaways in close proximity to schools have the potential to impact health, especially children.  These applications could give rise to significant adverse impacts on residential amenity in terms of noise, vibrations, odours, traffic disturbance, litter or hours of operation as a result of the proposed premises. Planning conditions may be used to mitigate impacts to protect health and residential amenity.

DM 30 - Noise

Explanation

13.12 The impact of noise is a key consideration for residential amenity as stated in Local Plan (Part One) policy SOC 5. This policy covers noise from commercial and industrial uses, and energy generation schemes, including the impacts on residential uses and the expected noise levels within residential development, and should be considered alongside other relevant development plan policies. Consideration should not only be given to potential increases in noise levels but also changes in the acoustic character of the local noise environment. The Council may prepare further guidance to assist in the application of this policy.

13.13 The effective control and management of environmental, neighbour and neighbourhood noise should, within the context of Government policy, on sustainable development, contribute to the improvement of health and quality of life. In considering the impact of noise, regard should be had to the World Health Organisation Guidelines for Community Noise and the latest British Standards (or their recognised replacement) for both internal and external noise levels. In line with Local Plan (Part One) policy SOC 5, the protection of health (mental and physiological) and prevention of interference with speech communication is a consideration in assessing  planning applications. As such, the relaxation of indoor criteria is not considered appropriate, and generally internal levels can be achieved through design and insulation measures.

13.14 For the purposes of this policy residential development includes uses such as dwellings, care homes (including extra-care/age-restricted) and houses in multiple occupation (HMO's). A relaxation of the external standard may be considered acceptable in noisier environments such as city centres and urban areas adjoining the strategic transport network having regard to the latest British Standard (or its recognised replacement). No limit will be applied to balconies but all development should be designed to achieve the lowest practicable level in external amenity space.

13.15 Internal noise levels could be conditioned on approval. New residential development should demonstrate the expected noise levels in habitable rooms when they are unoccupied and with a window partially open or otherwise adequate ventilation to meet the standards outlined in the Building Regulations Approved Document. External noise levels will normally need to be demonstrated in principle as part of the application if there is a significant noise source within close proximity. A noise report should be standard for the majority of residential, industrial and  commercial developments. The noise report should follow the approach set out in relevant guidance (or its recognised replacement) which includes: the latest British Standards, the Calculation of Road Traffic Noise and, where appropriate, the Professional Practice Guidance on Planning and Noise.

13.16 In the event that the appropriate level cannot be achieved without mitigation applicants should carry out detailed investigations and submit appropriate levels of mitigation, including details of the noise output, and the provision of purpose designed attenuation for all noise generative plant and equipment.

13.17 Noise from construction or demolition works as part of a development can be intrusive or disruptive to local businesses and/or noise sensitive land uses and regard should be had to the latest British Standard, or its recognised replacement. In all instances where alternative working methods exist, the minimisation of noise and vibration shall be a prime consideration in the choice of technique and equipment used. For this reason, construction or demolition activities should be restricted to daytime periods and have fixed start and finish times i.e. 08.00 to 18.00 hours Monday to Friday, and 08.00 to 18.00 hours on Saturdays, with no works being permitted on Sundays or Bank Holidays, unless it can be clearly demonstrated that they will not cause unacceptable disturbance to noise sensitive receptors. The location of any site compound must be submitted to and approved by the Council’s Environmental Protection team, to ensure that it is appropriately situated in order to minimise the noise impact on neighbouring residential uses.

13.18 Where there is potential for a wind turbine proposal to result in noise or vibration impacts which affect residential properties, or other sensitive receptors, the applicant must undertake a noise impact assessment carried out in accordance with current guidance and in agreement with the Council’s Environmental Protection team.

DM 31 - Air quality

Explanation

13.19 The Local Plan (Part One) strategic objective SO 11 ensures that new development does not create an unacceptable impact on amenity and health of residents. Local Plan (Part One) policy SOC 5 is clear that development that gives rise to significant adverse impacts on health and quality of life, including residential amenity will not be allowed.

13.20 Poor air quality can be a major cause of ill health, linked to strokes, heart disease, lung cancer, and both chronic and acute respiratory diseases. The Council is preparing a Low Emissions Strategy that seeks to address these health impacts by targeting the reduction of pollutants and sets out measures to improve air quality across the borough.

13.21 The Council is required to assess  airborne levels of benzene, butadiene, carbon monoxide, lead, nitrogen dioxide (NO2), particles (PM10) and sulphur dioxide. Where it identifies areas exceeding statutory limits and there is relevant public exposure, it is required to declare an AQMA under the the Environment Act 1995, and to draw up an action plan detailing remedial measures to address the problem. 

13.22 Cheshire West and Chester Council has currently three AQMAs designated for NO2 caused by traffic on the roads (at Chester city centre; Whitby Road/Station Road, in Ellesmere Port; Fluin Lane/A56 junction, in Frodsham) and one AQMA declared at Thornton-le-Moors as a result of exceedances of sulphur dioxide (SO2) from industry. The Council will assess air quality in the borough on a regular basis and the changing status of areas should therefore be taken into account. Further information is available from the Council's website (the AQMA boundaries can also be viewed on DEFRA's interactive map: https://uk-air.defra.gov.uk/aqma/maps).

13.23 To protect future occupiers and reduce exposure to air pollution, development proposals located within, or adjacentDefined as within 20 metres to AQMAs should include measures to mitigate the impact of poor air quality, where appropriate. Examples include:

• on-site provision of electric vehicle charging infrastructure above the levels set out in Local Plan (Part Two) policy T 5;
• avoiding the creation of new “street canyon”, or building configurations that inhibit effective pollution dispersion;
• locating habitable rooms away from busy roads, or directing combustion generated pollutants through well sited vents of chimney stacks;
• increasing the distance between the development façade and the pollution source.

13.24 An air quality assessment (AQA) will be required for all major development proposals that have the potential, either individually or cumulatively, for significant emissions to the detriment of air quality; or for development proposals that are likely to result in an increase in pollution levels in an AQMA; or introduce new occupiers into an existing AQMA or other area of poor air quality.

13.25 In considering whether there is the potential for significant emissions or a proposal is likely to increase pollution levels, the Council will take into account the location and the nature of the proposed development. Where an AQA is required, it will be expected to:

1. clearly identify potential sources of air pollution resulting from the proposed development and future use of the site;
2. show that the potential future occupants of the land or building will not be exposed to excessive air pollution;
3. demonstrate how the proposed development will not diminish the existing air quality;
4. identify measures that will be taken to monitor the impact of the proposed development on air quality.

13.26 Where an AQA demonstrates that the impacts from a proposed development are predicted to have an unacceptable impactDefined as being greater than negligible within AQMAs and greater than slight elsewhere, as per EPUK/IAQM Guidance – Land-Use Planning & Development Control: Planning For Air Quality January 2017 on local air quality, the Council will request funding from developers to support projects to improve air quality and mitigate the impacts. The scale of mitigation requirements for developments will be assessed using a damage cost approach such as using damage costs per tonne of emissions provided by Defra. This provides a transparent, simple method for calculating costs to society of a change in emissions (from both vehicles and other combustion sources) of different pollutants, and calculation of the additional emissions generated by the proposal.

13.27 On-site mitigation is generally preferred, but such solutions should be weighed against other relevant planning considerations such as the climate change implications of extensive mechanical ventilation and the need to maintain a positive relationship in design terms between the development and the public realm.

13.28 The demolition and construction phases of development proposals can lead to both nuisance dust and elevated fine particulate (PM10 and PM2.5) concentrations. Non-Road Mobile Machinery (NRMM) used in demolition and construction is a significant source of pollution. Therefore, wherever possible, renewable, mains or battery powered plant items should be used. The Institute of Air Quality Management (IAQM) has produced a number of definitive guidance documents which developers and contractors should follow when drafting their construction plans and measures to minimise air pollution during the demolition and construction process.

13.29 Development that is likely to create an odour must ensure that there is no harm to the residential amenity in the area. Appropriate mitigation measures may be required and planning conditions used to protect the amenity of the residents. Odours released from hot food preparation can have a particular impact on residential amenity. All odour controls proposed must ensure that odour and noise arising from extract and abatement plants does not result in a loss of amenity to nearby property and commercial premises.

13.30 Further guidance on the measures that can be taken to comply with this policy are included within the relevant Air Quality Action Plans, the Low Emission Strategy, the Travel Planning Guidance SPD, the Parking Standards SPD and other relevant guidance documents that may be prepared by the Council.

DM 32 - Land contamination and instability

Explanation

13.31 The Council's objective is to encourage the use of sustainable previously developed land. This is set out in Local Plan (Part One) policy STRAT 1 that encourages the use and redevelopment of previously developed land and buildings in sustainable locations that are not of high environmental value. The policy specifically refers to supporting the enhancement and restoration of degraded and despoiled land and encouraging the use and redevelopment of previously developed land.

13.32 The Council will need to be satisfied that contaminated and potentially instable land is safe for its proposed use and will not harm residential amenity, the surrounding environment, health and quality of life, in line with Local Plan (Part One) policies SOC 5 and ENV 4. Therefore, these policies set out criterion which are required to satisfy the Council that land and the intended use is appropriate and safe. For sites with land instability caused through flooding and at risk of flooding should refer to Local Plan (Part One) policy ENV 1 and Local Plan (Part Two) policies DM 40 and DM 41.

Contamination

13.33 All land, including greenfield sites, may be subject to land contamination from previous uses, including from adjoining sites with known or suspected contamination. As a minimum, a Phase 1 desktop study will be required, to characterise the site in terms of potential contamination and help inform the consideration of additional information that may be required and potential mitigation measures.

13.34 Where contamination issues are identified, development proposals for the site should incorporate appropriate remediation and subsequent management measures to remove unacceptable risks to human health, controlled waters, ecological receptors, property and the wider environment identified in the assessment process, as appropriate for the uses proposed, and the Council may impose planning conditions or remove permitted development rights to this effect. The full implementation of approved remediation measures will normally be required prior to the occupation of the proposed development.

13.35 It is acknowledged that although land maybe suitable for remediation, the construction process could harm the surrounding land, including waterways. The suitability of the intended use of the land and the construction method will be considered through the planning application process and conditioned where appropriate.

Instability

13.36 Areas of Mid-Cheshire including Northwich, Winsford, Marston and Wincham have historically been a major area for salt mining and brine extraction. A Land Stabilisation Programme managed by English Partnership for the stabilisation of abandoned salt mines beneath Northwich town centre was completed in 2007. These mines were Penny's Lane, Neumann's Mine, Baron's Quay and Witton Bank. However, there are other areas outside Northwich town centre that may be at risk of subsidence due to rock salt mining and brine extraction. The salt and brine deposits around Northwich are also naturally eroded, leading to further concerns over the stability of land.

13.37 The Cheshire Brine Subsidence Compensation Board provide compensation for specified categories of damage to land and buildings caused by subsidence due to brine pumping and to respond to consultations from the Planning Authorities and Building Control regarding development within specified areas which may have been affected by historic brine pumping (Consultation Areas). The Board is responsible for prescribing the Consultation Areas under Section 38(1) of The Cheshire Brine Pumping (Compensation for Subsidence) Act,1952, which are areas potentially at risk from the pumping of brine.

13.38 There are historic records of coal mines in the Neston area. These are no longer active and are sealed, with the areas around them developed. There are no immediate concerns over the safety of these areas, however new development should be assessed.

DM 33 - New or extension to hazardous installations

Explanation

13.39 The borough has concentrations of hazardous installations, namely to the east of Ellesmere Port and to the east of Northwich. Stanlow is a large site east of Ellesmere Port which contains a high number of hazardous operators, including Essar and within the borough at Capenhurst is a nuclear site operated by Urenco. There are also a number of hazardous pipelines that run through the borough.

13.40 The purpose of this policy is to control the development of hazardous installations to avoid increasing the number of people at risk or risk to environmentally sensitive areas. The intention of the Local Plan (Part One) policy ECON 1, is to support existing business and encourages business growth, whilst balancing the creation of new risks, which may preclude the development of land surrounding a hazardous installation.

13.41 The Council is required to consult the Control of Major Accident Hazards (COMAH) competent authority and others as required by legislation on planning applications which involve the creation of hazardous installations. The hazardous substances authority must give consultees at least 28 days to comment. The COMAH competent authority, for most cases, is the HSE and the Environment Agency, acting jointly. For nuclear sites, this will be the Office of Nuclear Regulation and the Environment Agency, acting jointly. They advise hazardous substances authorities on the nature and severity of the risk to persons in the vicinity and the local environment arising from the presence of a hazardous substance at an establishment.

13.42 The consultation zones are normally determined by a detailed assessment of the risks and/or hazards of the installation or pipeline which takes into account the following factors; the quantity of hazardous substances for which the site has hazardous substances consent and details of the storage and/or processing; the hazard ranges and consequences of major accidents involving the toxic and/or flammable and/or other hazardous substances that could be present. The risks and hazards from the major hazard are greatest in the Inner Zone and hence the restrictions on development are strictest within that zone. The consultation zone comprises the land enclosed by all the zones and the installation itself.

13.43 Early discussions with the Council and the COMAH competent authority is advised to fully understand any constraints and allow for adequate mitigation that may be required. Considerations will be given to the total number of people present in a potential consultation zones and the surrounding uses, including cumulative impacts. The Council will also consider the long-term need for appropriate distances between hazardous establishments and population or environmentally sensitive areas. Considerations will be made as to whether additional measures for existing establishments are required so that risks to people in the area are not increased. The level of sensitivity of the surrounding uses will be considered in line with the HSE Land Use Planning Methodology.

13.44 If the opportunity arises, the Council will welcome the relocation of hazardous installations away from centres of population. Not only would this lessen the risk of accident to the general public but also reduce the problems of potential blight. Such relocations will only be acceptable if they do not create new problems or an accumulation of installations which amount to a greater hazard than previously existed in the area.

13.45 Generally, consent is required for the presence of hazardous substances on, over or under land unless below the thresholds listed in the Planning (Hazardous Substances) Regulations 2015.

13.46 Development proposals involving minerals is considered in Local Plan (Part Two) policy
M 3 and proposals for exploration, appraisal or production of hydrocarbons is covered in Local Plan (Part Two) policy M 4.

DM 34 - Development in the vicinity of hazardous installations

Explanation

13.47 The Local Plan (Part One) policy SOC 5 states that development that gives rise to significant adverse impacts on health and quality of life will not be allowed. Local Plan (Part One) policy ENV 6 encourages development to promote safe and secure environments, while Local Plan (Part One)policy ECON 1 aims to support existing businesses and encourage business growth. 

13.48 The Council is required to consult the Control of Major Accident Hazards (COMAH) Competent Authority and other statutory consultees on planning applications within a consultation zone surrounding a hazardous installation. The consultation zone is defined by the HSE and takes account of the size and nature of the proposed development, the inherent vulnerability of the exposed population and the ease of evacuation or other emergency procedures for the type of development proposed. Some categories of development, e.g. schools and hospitals, are regarded as more sensitive than others, e.g. light industrial, and advice is weighted accordingly. The HSE Land Use Planning methodology identifies the sensitivity level of uses and threshold levels of appropriate development in the proximity of the hazard.

13.49 The borough has concentrations of hazardous installations with consultation zones which cover significant parts of the borough's settlement areas. For example, currently about half of the town of Ellesmere Port is included in a consultation zone. The Council has to consider that within the consultation zones, persistent refusals of planning permission because of the proximity to hazardous installations may lead to blight, a consequent lack of investment and a downward spiral of decay. The purpose of this policy is to avoid increasing the number of people at risk from hazardous installations but adopting a more flexible approach to development within the vicinity of hazardous installations that balances the need for investment and regeneration within the zones, against the degree of risk involved.

13.50 Development near to hazardous installations which would put members of the public at threshold levels of risk will normally be prevented. However, if under the exceptional circumstances outlined above, development in the vicinity of hazardous installations is permitted, the Council will require that all practicable measures be taken to mitigate risks by, for example, careful building design and the preparation of emergency procedures.

13.51 The HSE publish hazard consultation zones (and the Office for Nuclear Regulation publish consultation distances) around each of the hazardous installation. As a statutory consultee, the COMAH Competent Authority will advise the Council on planning applications for development within the consultation zone of a hazardous installation. 'Threshold levels of risk' are those which are sufficient for the HSE to advise against the development concerned, being granted planning permission. These zones are based upon an assessment of the degree of risk at each installation. Their extent is influenced by a number of factors including the nature and levels of the hazardous substance permitted at the site and the process involved. Since these hazard consultation zones are likely to change during the Local Plan period, it is not appropriate to show them on the policies map. Pre-application advise is recommended to establish the most up to date information.