Draft Bradford District Local Plan - Preferred Options (Regulation 18) February 2021

Comment

Representation ID: 28988

Received: 24/03/2021

Respondent: Environment Agency

Site in Flood Zone 1 ONLY
Mitigation should be set above the 1 in 100 plus cc level for the site as suitable for the proposed vulnerability classification (EA standing advice should cover this).

If the site is considered Greenfield then surface water discharge rates post development should be restricted to the pre development Greenfield discharge rate. If the site is considered Brownfield then there should be a 30% reduction in surface water discharges, or restricted to Greenfield rates, there should be no increase in brownfield surface water discharge rates post development. So as to support prevention of cumulative increases to flood risk and should be in line with SuDs design principles.

For developments near ordinary watercourses we would recommend an 8 metre easement strip along the length of the riverbank, or a 45degree angle from the bed in the case of culverts, to be kept clear of permanent structures such as buildings. This is to maintain access to the riverbank for any improvements or maintenance. A Flood Defence Consent may be required for the LLFA for works in/affecting an ordinary watercourse.

For main rivers, we generally require an 8 metre easement strip along the length of the riverbank to be kept clear of permanent structures such as buildings, or a 45degree angle from the bed in the case of culverts. This is to maintain access to the riverbank for any improvements or maintenance. Environmental Flood Risk Activity Permits may be required for development near rivers.

It is possible the sites within close proximity to Flood Zones 3b, 3 and 2 may be subject to future risk identified within the SFRA (to follow) which may affect its allocation or how development should be sequentially laid out on the site.

Consideration must be made to making space for water and providing betterment in terms of flood risk management where ever possible.

Support

Representation ID: 29064

Received: 24/03/2021

Respondent: Environment Agency

We support the vision for the Local Plan, particularly regarding responding positively to climate change and sustainable development.

However, we would like to note that the Vision for the District focuses mainly on growth and the socio-economic aspects of the Local Development Plan. We would encourage you to consider the environmental enhancement aspect further and also make reference to the water
environment. There is no reference on managing water resources, improving water quality or realising the objectives of the Humber river basin district - River Basin Management Plan (RBMP). Given that ‘The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017’ set out a statutory requirement for all pubic bodies to have regard to the RBMP, while exercising their functions so far as affecting a river basin district, but also the fact that a healthy water environment is vital to the conservation and enhancement of biodiversity, we would expect to see water quality and water resources objectives included in the Vision for the District.

We suggest that including this within this section as below as a minimum but welcome any further inclusion of the points raised above – suggested changes in bold and underlined:
“The District's unique landscapes, heritage, water and biodiversity assets have been enhanced and played a vital role in making great places that encapsulates what makes Bradford so special”

Comment

Representation ID: 29067

Received: 24/03/2021

Respondent: Environment Agency

There is insufficient reference to the water environment within the current objectives. Improving the status of the district’s watercourse and certainly preventing their further deterioration should be included within the Plan’s primary objectives and any opportunity to do so should also be considered in the Local Plan. The Plan should also identify measures, opportunities and/or projects to deliver such objectives.

Suggested changes:

Objective 1 - To recognise and fully exploit the role and transformational potential of the City of Bradford and the towns along Airedale and Wharfedale as dynamic locations of choice for housing and economic growth within the Leeds City Region. To fully exploit the potential environmental enhancements through this transformation.

Objective 4 - To significantly improve the quality of new development and ensure that new housing schemes create inclusive, accessible, distinctive and healthy places that incorporate green streets and spaces and make efficient use of resources. Including making development both energy and water efficient.

Objective 12 - To provide a clean, safe, secure, sustainable, attractive and accessible built and natural environment in order to reduce the fear of crime and disorder and foster a shared sense of civic pride and responsibility, supporting the social, economic, natural and physical regeneration of neighbourhoods across the District.

Objective 14 - To improve air and water quality and reduce the impact of climate change through mitigation and adaptation, particularly through reducing emissions, energy consumption, the risk of flooding, protecting and enhancing water resources and water quality and promoting the use of renewable and low carbon energy and securing the means to become locally self-sufficient

Objective 16 - Ensure that new development provides at least 10% biodiversity net-gain and safeguards and enhances the District's biodiversity and green/blue infrastructure assets through careful landscape, woodland and waterways/water environment management. In particular the South Pennine Moors and upland fringe.

Please note not all water bodies in the District are navigable, therefore only referring to waterways would exclude certain waterbodies from the scope of the objectives. Reference should be to the water environment as a whole or watercourses/rivers.
We would encourage the inclusion of the above amendments and possibly an additional objective focused around water environment being protected and enhanced.

Comment

Representation ID: 29068

Received: 24/03/2021

Respondent: Environment Agency

There is insufficient reference to the water environment within the current objectives. Improving the status of the district’s watercourse and certainly preventing their further deterioration should be included within the Plan’s primary objectives and any opportunity to do so should also be considered in the Local Plan. The Plan should also identify measures, opportunities and/or projects to deliver such objectives.

Suggested changes:

Objective 1 - To recognise and fully exploit the role and transformational potential of the City of Bradford and the towns along Airedale and Wharfedale as dynamic locations of choice for housing and economic growth within the Leeds City Region. To fully exploit the potential environmental enhancements through this transformation.

Objective 4 - To significantly improve the quality of new development and ensure that new housing schemes create inclusive, accessible, distinctive and healthy places that incorporate green streets and spaces and make efficient use of resources. Including making development both energy and water efficient.

Objective 12 - To provide a clean, safe, secure, sustainable, attractive and accessible built and natural environment in order to reduce the fear of crime and disorder and foster a shared sense of civic pride and responsibility, supporting the social, economic, natural and physical regeneration of neighbourhoods across the District.

Objective 14 - To improve air and water quality and reduce the impact of climate change through mitigation and adaptation, particularly through reducing emissions, energy consumption, the risk of flooding, protecting and enhancing water resources and water quality and promoting the use of renewable and low carbon energy and securing the means to become locally self-sufficient

Objective 16 - Ensure that new development provides at least 10% biodiversity net-gain and safeguards and enhances the District's biodiversity and green/blue infrastructure assets through careful landscape, woodland and waterways/water environment management. In particular the South Pennine Moors and upland fringe.

Please note not all water bodies in the District are navigable, therefore only referring to waterways would exclude certain waterbodies from the scope of the objectives. Reference should be to the water environment as a whole or watercourses/rivers.
We would encourage the inclusion of the above amendments and possibly an additional objective focused around water environment being protected and enhanced.

Comment

Representation ID: 29086

Received: 24/03/2021

Respondent: Environment Agency

The UK planning and environmental legislation sets out that local plans must include robust evidence-based carbon targets. There is a legal duty through the Planning and Compulsory Purchase Act of 2004 that requires local plans to include policies “designed to secure” that development and use of land contributes to the mitigation of, and adaptation to, climate change.

The Local Authority needs to set local carbon targets based on an assessment of local potential and taking into account national and international targets. Planning policies then need to be developed that are consistent with these targets and a monitoring mechanism created to allow for review of future performance.

The Environmental Assessment of Plans and Programmes Regulations 2004 – which implement the Strategic Environmental Assessment (SEA) Directive creates a legal duty and require that a plan’s cumulative climate impacts are assessed and taken into account. This includes assessing the consistency of proposed policies with all relevant climate objectives and targets.

Along with these legal duties, there is further support in Chapter 14 of National Planning Policy Framework (NPPF) that local policy should support "radical reductions" (para 148) in emissions in line with the Climate Change Act 2008.

We draw your attention to the ADEPT guidance on ‘Preparing for a Changing Climate: Good Practice Guidance for Local Government’. This is designed to assist local government with preparing for the impacts of change adaptation.

Comment

Representation ID: 29111

Received: 24/03/2021

Respondent: Environment Agency

Local Plans should consider the capacity and quality of water supply systems and any impact development may have on the environment, including understanding the supply and demand patterns now and in the future across the LPA area.

We encourage LPAs to ensure emerging Local Plans and major developments identify and plan for the required levels of water efficiency and water supply infrastructure to support growth, taking into account costs and timings/phasing of development.

Local Plans should consider the environmental capacity of the water environment using evidence sources such as the RBMPs. The quality and capacity of the existing wastewater treatment works and sewerage network should also be considered.

Water companies hold information and data to help with this. Additional capacity may be required to serve increased housing numbers. Where this is the case LPAs should work with water companies and us to understand the impact increased development would have on the receiving water environment, and the practicalities of water companies providing necessary upgrades.

Comment

Representation ID: 29113

Received: 24/03/2021

Respondent: Environment Agency

Groundwater and Contaminated Land

The Water Environment (WFD)(E&W) Regulations 2017 and The Groundwater (WFD) (England) Direction 2016 set out objectives for groundwater including aiming for good chemical and quantitative status; reverse upwards trends in pollution; and preventing or limiting the entry of certain substances to waterbodies. Local Planning Authorities (LPAs) must have regard to these objectives and therefore should ensure their decisions help achieve these goals. Dealing with land contamination can help contribute to achieving the objectives of the Water Framework Directive.

Local Plans should be produced with an understanding of how local communities use their groundwater and the location of potentially contaminated land. The Sustainability Appraisal (SA) for the Local Plan is an opportunity to incorporate evidence and advice into plan making. The SA should reflect groundwater and contaminated land matters.

Comment

Representation ID: 29117

Received: 24/03/2021

Respondent: Environment Agency

We strongly encourage you to consider at the earliest opportunity how you will incorporate net gain within your Local Plan policies and Supplementary Planning Documents. You will need to consider any supporting evidence requirements.

Biodiversity net gain policy needs to be founded on a good yet proportionate evidence base. A good evidence base puts you in a strong position to shape the subsequent direction of policy. We encourage you to use the best available local environmental data. There is also an opportunity to consider Nature Recovery Strategies within this evidence gathering and wider natural capital goals.

Object

Representation ID: 29131

Received: 24/03/2021

Respondent: Environment Agency

We support the promotion of sustainable development – which applies to economic, social and environmental aspects. However when it comes to new development we do not necessarily fully agree with the approach of site selection that, “wherever possible maximises the use of previously developed land”.

There are circumstances where this may not be the environmentally optimal solution. Previously developed land in an urban area can (or perhaps should) support a diversity of wildlife, (sometimes) more so than intensely managed countryside sites.

For example, a brownfield site can also be important stepping stone within an existing wildlife corridor, and therefore can be valuable in providing connectivity within ecological networks. This is particularly relevant where previously developed land lies next to rivers and streams – as these are the only location where the river environment can be improved to provide the blue infrastructure that is valuable (for health, wellbeing, biodiversity and climate change mitigation etc.).

As such, we recommend that where brownfield sites exist alongside watercourses, there should be a presumption for new development to be set-back, to include an undeveloped buffer zone or, in some cases, for the site to not be developed. This is to allow for natural recovery of green-blue infrastructure, the provision and enhancement of ecological networks and to increase climate change resilience.

Object

Representation ID: 29132

Received: 24/03/2021

Respondent: Environment Agency

We also recommend the inclusion of additional wording / wording changes (underlined) to bullet point e in order to strengthen the policy – so that it reads: “ensures that wherever possible development enables the enhancement of the built and natural environment and avoids, minimises and, where necessary, mitigates for the adverse environmental impacts of growth, in particular with regards to climate change, air quality, biodiversity and habitats”.

This wording change proposal is to ensure that the high level strategic policy is well aligned with thematic polices references later within the local plan (e.g. Policy EN2).