3.1.1 The Borough Council has adopted the following local plan aims with regard to the natural environment:

(i) to protect natural resources;

(ii) to enhance the overall stock and range of natural resources;

(iii) to minimise pollution;

(iv) to seek the treatment of damaged land where appropriate;

(v) to reduce energy consumption and develop use of renewable energy sources;

(vi) to maintain or enhance the natural character of open countryside in all non-urban areas of the Borough.

3.2.1 The conservation and maintenance of the diversity of species are central to the objectives of sustainability. The Local Plan has an important role to play in protecting natural resources for the benefit of this and future generations through the control of development. The principles of sustainability have been adopted by the Borough Council and are embodied in Policy P2/1. This chapter contains a number of area-specific and subject-specific policies relating to the natural environment. The relationship between these policies and sustainability objectives is described in Section 2.3. Positive management of some areas can be achieved through the use of planning obligations in association with development proposals and by entering into management agreements or purchase of land by public organisations, though this is generally outside the scope of the Local Plan.

3.2.2 The Borough Council’s land use policies are supplemented by a number of documents containing more detailed policies and proposals. The Borough Council has adopted an Environmental Charter which seeks to promote environmental conservation as the foremost consideration in all of its activities. The Kent Countryside Strategy, prepared by Kent County Council, includes the aim of enhancement of the Kent Downs and the High Weald Areas of Outstanding Natural Beauty and improved access to the countryside. The Trees for Kent Project seeks to restore neglected and damaged woodland, increase public awareness of the environmental value of native trees and woods and re-establish productive woodland management. The Medway River Project is partly funded by the Borough Council and seeks to enhance the recreational and nature conservation value of the River Medway and enhance public access to the riverside where appropriate. The Borough Council has prepared a Nature Conservation Strategy which is a statement of its commitment to nature conservation and includes more detailed proposals for management and enhancement of nature conservation interests. In this context, the potential for establishing Local Nature Reserves will be investigated.

3.2.3 Some sites of nature conservation importance can be of national or international importance. Sites of national and international importance are designated as Sites of Special Scientific Interest (SSSI's) under national legislation. They are designated by English Nature and comprise areas of outstanding biological, geological, or physiographic interest of national significance, where the Borough Council must ensure that nature conservation factors are taken into account before any planning permission is granted which could affect them. These are afforded protection under the terms of Structure Plan Policy ENV5 which seeks to prevent development which would materially harm their scientific interest. A register of Sites of Special Scientific Interest in the Borough can be viewed at the offices of the Borough Council. The following policy will apply:

POLICY P3/1

Development will not be permitted where it would materially harm the scientific interest of the Sites of Special Scientific Interest identified on the Proposals Map and any other sites, or extensions to existing sites, which may be so designated by English Nature during the currency of this Plan. Where development may exceptionally be justified, re-establishment of the habitat, or provision of nature conservation features lost when development takes place, will be required.

3.2.4 Sites of Nature Conservation Interest have been identified in consultation with the Kent Wildlife Trust as being regionally important for Kent as a whole. The Kent Trust has also identified the importance of protecting the nature conservation value of the River Medway. Any new SNCI's which are not identified on the Proposals Map will, pending the next review of the local plan, be considered on their merits in the context of Policy P3/4. In carrying out its statutory duties the Environment Agency is required to further and promote the conservation and enhancement of the water environment and its associated wildlife. Structure Plan Policy ENV6 seeks to prevent development which would materially harm the scientific or wildlife interest of such sites and statutory Local Nature Reserves unless there is a need which outweighs the identified interest. A Register of Sites of Nature Conservation Interest can be viewed at Borough Council offices. The following policy will apply:

POLICY P3/2

Development will not be permitted which would materially harm the wildlife or habitat interests of Sites of Nature Conservation Interest, or Local Nature Reserves as defined on the Proposals Map, and generally along main river corridors, unless the need for the development is overriding. Where development may exceptionally be justified, re-establishment of the habitat, or provision of nature conservation features lost when development takes place will be required.

3.2.5 Ancient semi-natural woodland is of particular importance in maintaining biodiversity. The Ancient Woodland Inventory (1994) includes all stands of woodland over 2ha in size present since before 1600 AD which do not obviously originate from planting, including woodland of ancient origin which has been replanted. The Phase 1 Habitat Survey identifies all areas of semi-natural woodland. For woodland less than 2ha affected by development proposals, the onus lies with the developer to undertake such studies as necessary to ascertain whether it is of ancient origin. The nature conservation value of woodland generally increases with age provided it is appropriately managed and consequently the diversity of species occurring in Ancient Woodland cannot be recreated in replacement planting.

POLICY P3/3

Development will not be permitted where it will result in damage to, or loss of, ancient semi-natural woodland. Where any loss is exceptionally justified, provision must be made where necessary and practicable for:

(1) management of the remaining woodland affected by the development proposal;

(2) management of other existing woodland; or,

(3) compensatory new planting using translocated soil from the affected woodland where practicable.

3.2.6 Policies P3/1 to P3/3 above identify individual sites of particular importance for nature conservation. Development proposals elsewhere can also have an unacceptable impact on nature conservation both individually and cumulatively. It is important when considering the impact of a proposal on nature conservation that regard is had to the impact of the proposals on the surrounding area including its relationship with local wildlife corridors. Where development proposals might affect a species protected by law the advice of English Nature should be sought by applicants, and details of the response to the issues raised should be dealt with in the application. In accordance with the principles in Policy P2/1, development proposals affecting nature conservation interests will be assessed in the light of the following detailed considerations:

POLICY P3/4

Development will not be permitted where:

(1) it would materially harm wildlife and habitats on or in the vicinity of the site. Where development is exceptionally justified, planning obligations will be sought to secure the long-term management of the nature conservation interest, to provide funds for management, or to provide nature conservation features to compensate for any such resources lost when development takes place;

(2) it would materially harm species protected by law. Where development is exceptionally justified, conditions will be imposed, where necessary and appropriate, or planning obligations sought, in order to:

(i) facilitate the survival of individual members of the species;

(ii) minimise disturbance;

(iii) provide adequate alternative habitats to sustain at least the current levels of population.

Existing trees, hedges, lakes, ponds and other features of importance to nature conservation should be retained where practicable and appropriate.

3.3.1 Areas of Outstanding Natural Beauty are areas of nationally important landscape designated by the Countryside Commission. Where development can be justified applications should be accompanied by suitable measures to compensate adequately for its harmful impact on the Area of Outstanding Natural Beauty and, if the Borough Council deem it necessary and practicable, this will include additional compensatory measures for enhancement of the area.

3.3.2 PPG7 advises that within Areas of Outstanding Natural Beauty, planning policies and development control decisions should, in general, favour the natural beauty of the landscape. This advice is applied through Structure Plan Policy ENV3 to the Kent Downs and the High Weald Areas of Outstanding Natural Beauty, parts of which lie in Tonbridge and Malling Borough. This policy states that priority should be given to the conservation and enhancement of natural beauty, including landscape, wildlife and geological features, over other planning considerations; proposals for development which would be inconsistent with the conservation of natural beauty will be weighed in the light of the economic and social well-being of the area; and, the siting of major industrial or commercial development will not be permitted unless there is a proven national interest, and a lack of alternative sites.

3.3.3 Within Areas of Outstanding Natural Beauty the Countryside Commission is empowered to make grants towards the cost of improvement works. The Countryside Commission has published a Policy Statement for Areas of Outstanding Natural Beauty which includes policies which promote conservation of those features which contribute to their special character, control the scale of development permissible and mitigate the impact of development.

POLICY P3/5

Within the Areas of Outstanding Natural Beauty, as shown on the Proposals Map, or as otherwise designated by the Countryside Commission, the Borough Council will give priority to the conservation and enhancement of the natural beauty of the area, including landscape, wildlife and geological features, over other planning considerations:

(1) where development would cause material harm, the consequence of this will be weighed against its importance to the economic and social well-being of the area;

(2) where development can be justified, applications should be accompanied by suitable measures to compensate adequately for its harmful impact on the Area of Outstanding Natural Beauty and, if the Borough Council deem it necessary and practicable, this will include additional compensatory measures for enhancement of the area;

(3) the siting of major industrial or commercial development will not be permitted unless there is a proven national interest or a lack of alternative sites.

3.3.4 The Structure Plan identifies Special Landscape Areas with a particularly distinctive landscape quality on a county-wide basis. These are to be conserved or enhanced through the operation of Structure Plan Policy ENV4 which states that within Special Landscape Areas priority should be given to the conservation and enhancement of the natural beauty of the landscape over other planning considerations, whilst having due regard to the economic and social well-being of the area.

POLICY P3/6

Within the Special Landscape Areas, as defined on the Proposals Map, priority will be given to conservation and enhancement of the natural beauty of the landscape over other planning considerations through the application of Structure Plan Policy ENV4. Where development is permitted, particular regard will be paid to the design, location and landscaping of the proposal and its impact on the character of the landscape, whilst having due regard to the economic and social well-being of the area. Where necessary and practicable it must be accompanied by appropriate measures to mitigate its impact and provide for appropriate compensatory enhancement elsewhere within the Special Landscape Area.

3.3.5 In addition to the broad areas of attractive countryside which are of national or strategic importance in terms of their overall landscape quality and which are protected by Policies P3/5 and P3/6, there are many local areas in the Borough lying adjacent to settlements or other areas of built development, which play an important role in providing a rural landscape setting to the settlement. This may be by virtue of a particularly attractive landscape foreground to a settlement, or a prominent wooded backdrop, or an open area which simply facilitates an attractive view of the settlement. The functions of the individual Areas of Local Landscape Importance are set out in Policy Annex PA3/7 which forms part of the Policy. In order to preserve the landscape function of such areas, the following policy will apply:

POLICY P3/7

In the Areas of Local Landscape Importance, as defined on the Proposals Map, development which would materially harm the landscape character of the area, as defined in Policy Annex PA3/7, will not be permitted.

3.3.6 Trees and Woodland make an important contribution towards reducing levels of carbon dioxide in the atmosphere and storing carbon, and enhancing the range of different natural resources (biodiversity), and the character of the landscape and built environment. A commitment to maintaining and enhancing tree cover where compatible with the landscape is identified in Structure Plan Policy ENV7.

3.3.7 Additional tree planting would contribute towards global sustainability and be of nature conservation, recreation and amenity value. Additional tree planting and management of existing woodlands will be pursued through the use of conditions when granting planning permission and via the Borough Nature Conservation Strategy. The Borough Council will recognise the environmental and amenity benefits of trees through the operation of the following policy:

POLICY P3/8

1. Where development would result in a loss of trees, the Borough Council will seek replacement planting to mitigate any loss, and also additional planting to further enhance the area where it is necessary and practicable to do so.

2. Where new planting takes place there will be a preference for the use of native species of local provenance where available unless circumstances dictate otherwise. In new developments it should be ensured that, as far as practicable, the design and location of planting and services will not result in the severing of tree roots during the installation or maintenance of those services.

3. The Borough Council will make Tree Preservation Orders and, subject to the agreement of the Forestry Authority, implement Woodland Management Schemes where appropriate, carry out additional planting, and assist others to do the same.

4. In considering development proposals where existing trees are the subject of Tree Preservation Orders, the Borough Council will seek to ensure that buildings, gardens and roads are located so as to avoid subsequent applications for the felling of those trees while they remain healthy.

3.4.1 PPG7 advises that the best and most versatile agricultural land, Grades 1, 2 and 3a (as defined in MAFF's Agricultural Land Classification) is a national resource for the future, (the classification grades land according to the extent to which physical or chemical properties impose long-term limitations on its agricultural use). Considerable weight will be given to protecting such land against development, because of its special importance. Where there is a choice between sites of different classification, development should be directed towards land of the lowest possible classification unless there is an overriding need for the development, and either insufficient land in lower grades is available, or available lower grade land has an environmental value which is recognised by a statutory landscape, wildlife, historic or archaeological designation (such as Areas of Outstanding Natural Beauty (Policy P3/5), Sites of Special Scientific Interest (Policy P3/1) or Ancient Monuments (Policy P4/2). The protection of the best and most versatile agricultural land from development will contribute towards sustainability as such land is more responsive to lower energy inputs to achieve particular cropping yields. Structure Plan Policy ED6 stresses the need to protect the long term productivity potential of agricultural land unless there is an overriding need identified in the Development Plan.

POLICY P3/9

Development of the best and most versatile agricultural land will not be permitted unless there is an overriding need, and either sufficient land in lower grades is unavailable, or available lower grade land has an environmental value recognised by a statutory landscape, wildlife, historic or archaeological designation which outweighs the agricultural considerations.

3.4.2 Damaged land occurs where former uses have ceased and some form of treatment is desirable to provide a beneficial future use. Structure Plan Policy ENV14 requires Local Planning Authorities, in their local plans and through the control of development, to make provision for the improvement or reclamation of derelict land and to consider the appropriateness of re-use of such land having regard to amenity, landscape and nature conservation considerations.

3.4.3 The re-use of damaged land can result in an improvement in amenity by the removal of eyesores and can help reduce the need to develop other land which might involve an impact on natural resources. In some instances, treatment of, and commitments to on-going management at, damaged sites can enhance their nature conservation value and contribute towards meeting sustainable development objectives. However, some former mineral workings have already attained a high value for nature conservation. In these cases, management rather than restoration would be appropriate.

3.4.4 At the following sites, where there are no development proposals, but where there are conditions requiring restoration which are considered to be inadequate, or no enforceable restoration conditions, the aim will be to secure voluntary restoration by the private sector by means of negotiation and agreement, having regard to the terms of the following policy:

POLICY P3/10

Subject, where appropriate, to the protection and enhancement of nature conservation interests and the water environment, the Borough Council will seek the restoration of the following sites, in accordance with the requirements set out below:

(a) Joco Pit, Borough Green: restoration at a low level in association with adjoining quarries, subject to the protection of the amenities of Wrotham School and nearby residential areas and to land drainage considerations;

(b) Isles Quarry, Borough Green: restoration in association with measures to be implemented through the Interim Development Order procedures;

(c) West Kent Works, Burham: minimal restoration, compatible with the nature conservation interests of the Site of Nature Conservation Interest, to informal recreation use pursuant to Policy P2/7(e);

(d) North of Aylesford Recreation Ground: minimal restoration, compatible with the nature conservation interests of the Site of Nature Conservation Interest, to render the site safe for public amenity use as an informal nature reserve pursuant to Policy P8/6(a);

(e) Monarch Hill Quarry: restoration in association with the ultimate restoration of Holborough Quarry to the south, subject to the preservation of the Site of Special Scientific Interest;

(f) Callis Court former sewage works, Ryarsh: restoration to a use appropriate to the Green Belt through appropriate measures such as levelling and re-contouring;

(g) Borough Green Sandpit: restoration to a use appropriate to the Green Belt;

(h) Works, south of Cricketts Farm, Ightham: restoration to a use appropriate to the Green Belt.

3.4.5 All other former mineral workings are either considered to have been satisfactorily restored (or are subject to satisfactory restoration conditions), or have naturally regenerated to a sufficient extent that a specific restoration requirement is now considered to be unjustified.

3.4.6 Adverse ground conditions arise from two main sources: instability, which can be due to natural reasons, for example, unstable slopes, and to the actions of man, for example, through mining activity; and contamination, resulting from the previous use of land, for example, by industrial processes involving hazardous substances or through landfilling. Where proposals of this Plan affect land which is believed to be unstable or contaminated, mention of this has been made in the relevant site specific policies. Although the Borough Council will continue to use its best endeavours toalert developers to areas of potential adverse ground conditions, it is the responsibility of the developer to determine the nature of ground conditions at development sites and to ensure that any problems are adequately remedied prior to the commencement of development. To this end, the Borough Council will require a developer of land which has the potential to be unstable or contaminated to have appropriate surveys of ground conditions undertaken by qualified experts. In appropriate cases, an independent audit of the survey may be required. The Environment Agency will be consulted on proposals affecting such sites and on the scope of site surveys to be undertaken and on the extent of any mitigation measures.

POLICY P3/11

Before permitting development of land which may be unstable or contaminated, the Borough Council will require the developer:

(1) to have appropriate surveys undertaken by qualified experts. Where surface and groundwater resources may be at risk the advice of the Environment Agency should be sought on the scope of site surveys to be undertaken and the extent and nature of any mitigation measures which would be required to bring the land into a state fit for the proposed development without having an unacceptable adverse impact on the wider environment including surface and groundwater resources;

(2) where appropriate, to enter into a legal agreement or other appropriate undertaking prior to the commencement of development to secure the implementation and long term maintenance where necessary of such mitigation measures.

3.4.7 The Statutory Register of Hazardous Installations is held by the Health and Safety Executive and can be viewed at their offices. Within the identified consultation zones as specified by the Health and Safety Executive, proposals for development must be referred to that body for consultation. Objections may be raised where, in the opinion of the Health and Safety Executive, there would be a risk to public safety. In addition, any proposals for new installations of a hazardous nature would also need to be referred to the Executive. The following sites in the Borough are currently notifiable installations and are listed below with their consultation zones:

(a) Townsend Hook, Snodland - 175 metres;

(b) Brymor Ltd, Tonbridge Road, East Peckham - 250 metres;

(c) Calor Gas Engineering, Platt - 175 metres;

(d) Burham Treatment Works, Burham - 750 metres;

(e) Segas site, Medway Wharf Road, Tonbridge - 30 metres.

The following policy will apply in respect of the above sites and any others notified during the period covered by this Plan, and to any proposals for new installations of a hazardous nature:

POLICY P3/12

Proposals for development in proximity to notified hazardous installations or proposals for new installations of a hazardous nature will not be permitted where it can be established that a risk to public safety would result.

3.5.1 A continuous and plentiful supply of good quality water is essential to serve existing and future needs, and new development. New demands on water resources should be carefully assessed to ensure there is no unacceptably detrimental effect caused by supplying the development. New development should, therefore, be accommodated at locations where adequate water resources exist or where provision of new water supplies can be made without adversely affecting underground aquifer water table levels, river flows, surface water or ground water quality, agriculture, fisheries, amenity or nature conservation. Owners or occupiers of existing or proposed dwellings have a right to connection to a water main. The duty to supply to non-domestic development does not apply if it would put at risk a supplier's obligations to others or if it would result in unreasonable expenditure. The Borough Council will consult the National Rivers Authority and Water Companies to ensure that new non-residential development can be adequately served with water supplies.

POLICY P3/13

Non-residential development will only be permitted where it can be established that adequate water resources will be available.

3.5.2 Protection of natural surface and groundwater resources can maximise the potential of an aquifer to provide continuous supplies of good quality water. However, damage may occur to surface waters and to aquifers through a number of activities such as quarrying, road construction, waste disposal, through contamination by industrial processes or by the accidental release of chemicals and other pollutants. The Environment Agency has adopted a national policy and practice guidance for the protection of groundwater, details of which can be viewed at the offices of the Borough Council and the Environment Agency. Part of this policy identifies aquifer protection zones in terms of aquifer resource classification, and source protection Zones I to III, where restrictions on development are imposed. The Borough Council will have regard to the defined aquifer protection zones (Zones I, II and III, Major, Minor and non-aquifer) in considering development proposals. The following policy will be applied:

POLICY P3/14

Development which would lead to a material deterioration in the quality or potential yield of surface and groundwater resources will not be permitted. Proposals should take into account the policy statements in the Environment Agency's "Policy and Practice for the Protection of Groundwater."

3.5.3 Part of the Borough, downstream of Allington is within the tidal flood plain of the River Medway and is subject to both freshwater upland flooding and tidal flooding and sometimes a combination of the two. In the more restricted areas between Aylesford Bridge and Allington, the Environment Agency will normally object to residential or any other development which would subject residential property to risk, obstruct flood flows or reduce flood capacity or make conditions worse elsewhere, but in the more extensive areas downstream, the Environment Agency will not normally object to development, provided, in the case of residential development, the dwellings are at a level which would not be detrimental to future occupants.

3.5.4 Land at Wateringbury and further upstream lies within a part of the flood plain of the River Medway. The risk of flooding in the urban area of Tonbridge has been significantly reduced by the construction of the Leigh Flood Relief barrier and watercourse improvements upstream of Tonbridge. Some limited protection may also be afforded for a short distance downstream of Tonbridge. However, these measures cannot eliminate the risk, and under certain conditions Tonbridge Town Centre and adjacent areas are still at risk of flooding. The Environment Agency will normally object to residential and any other development, including land raising, which may subject residential property to risk, or obstruct flood flows, reduce flood capacity or make conditions worse elsewhere. This would not preclude redevelopment, other than for residential use, or minor development where no land raising is involved such that flows are not further obstructed, storage capacity lost or conditions worsened elsewhere. Some sections of the lower reaches of side streams are the responsibility of the Upper and Lower Medway Internal Drainage Boards. All these side streams have limited capacity within the flood plain and the increased run-off caused by new buildings could not be accommodated without either some improvement to the streams or alternative methods of surface water disposal including, possibly, storage reservoirs in certain locations.

3.5.5 Both the Environment Agency and the Upper and Lower Medway Internal Drainage Boards require a margin of 8 metres to be safeguarded from building or planting on either bank of streams within their jurisdiction. Any proposal affecting a “main river” must obtain the consent of the Environment Agency. Works affecting “designated rivers” within the Upper and Lower Medway Internal Drainage Board areas need to obtain the consent of the relevant drainage board. Elsewhere, works affecting water courses require the consent of the Borough Council. The Borough Council also has “permissive” land drainage powers, for example, to require persons to carry out works to maintain, or improve an unclassified water course or culvert.

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Any proposal to alter in any way or culvert an unclassified watercourse will require the approval of the Borough Council. The extent of areas of flood risk are shown on Maps B and C which will be used for the purposes of interpreting Policy P3/15.

POLICY P3/15

1. Residential development within areas likely to suffer from tidal flooding will not be permitted unless it is demonstrated that appropriate measures can be designed and undertaken by the developer to ensure that living accommodation is adequately protected from tidal flooding.

2. Development in the flood plain which might obstruct flood flows, reduce storage capacity, or result in the flooding of residential properties will not be permitted unless the developer incorporates protection measures to an appropriate standard in association with the development to the satisfaction of the Local Planning Authority.

3. All development proposals must incorporate adequate surface water drainage systems to the satisfaction of the Planning Authority. Where receiving watercourses have insufficient capacity or where there is an increased risk of flooding downstream as a result of the increased run off, drainage attenuation schemes will be required.

3.5.6 For the purposes of applying section (1) of Policy P3/15, what may be regarded as an appropriate measure will need to be considered in terms of the circumstances applying at any specific site where development is proposed. In general, measures could include raising of thresholds and/or floor levels, building design with living accommodation at first floor level and above, provision of a peripheral barrier, or other works undertaken as a planning obligation, provided that these are considered appropriate at the specific development site by the Borough Council in consultation with the Environment Agency.

3.6.1 Development can create outputs which may have an adverse impact on air, land and water. The quality of these natural resources is important both for its environmental implications and for its effect on health. For example, traffic is a major contributor to harmful emissions to air and the Local Plan seeks to reduce such emissions through its development and transportation strategies (see Chapters 2 and 7).

3.6.2 Certain industrial processes also result in emissions. PPG23 advises that the planning and pollution control systems are separate but complementary and the Local Plan should therefore not duplicate other legislation. The PPG states that the planning system complements pollution control powers by regulating the location of development and the control of operations in respect of the use of land in order to avoid or minimise adverse effects on the use of land and on the environment. However, the impact of discharge of effluent or leachate and the possibility of contamination will generally be the responsibility of the relevant pollution control authority.

3.6.3 In assessing planning applications for development which is likely to require pollution control consents under either integrated pollution control via the Environment Agency or under Local Authority Air Pollution Control (LAAPC), the Council will liaise with the relevant authority to establish the possible impact of the development on land use and transport infrastructure, including the effects on health, the natural environment, and general amenity.

3.6.4 The Council encourages the submission of parallel applications for planning and pollution control consent and will make Directions to require additional information concerning the potential polluting effects of a development in appropriate cases, including requiring the submission of an Environmental Statement. It is unlikely that an outline application will include sufficient detail for a development which will also require pollution control consent. Even if a development is likely to receive pollution control consent there may be circumstances in which its wider impact warrants a refusal of planning permission or the imposition of planning conditions. Similarly, there may be circumstances in which statutory pollution controls do not provide sufficient safeguards against adverse impacts on amenity or the environment and the use of planning control is more appropriate.

POLICY P3/16

1. The Borough Council will not permit development where outputs from the proposed use would have an unacceptable adverse effect on the air, land and/or water quality of the area, taking into account any cumulative impact arising from other proposals or existing uses in the vicinity.

2. The Borough Council will not permit development where proximity to existing potentially polluting uses could have an adverse effect on the proposed use.

3.6.5 Noise can have a significant impact on the quality of life. Noise may come from roads or railways or from sources such as industrial processes or recreational activities. Residential development is particularly sensitive to noise. Regard has been paid to the likely noise levels at sites identified for residential development in this Plan and Policy P3/17 highlights situations where noise mitigation measures may be required. All proposals for residential development will be considered against Policy P3/17.

3.6.6 PPG24 provides guidance on determining applications for residential development to ensure that noise levels are acceptable. It identifies noise exposure categories (NECs) for different types of noise source: road, rail, and mixed sources (which includes industrial noise). Policy P3/17 incorporates the NECs but in a slightly modified form to reflect local circumstances. Prior to the publication of PPG24, the Borough Council successfully operated its own noise standards for road and rail noise which included slightly tighter controls on noise levels. The PPG seeks to build on the previous Circular 10/73 and the Council would not wish to advocate a weakening of its previously adopted standard, which in the case of road noise has been upheld on appeal. The road noise standard in Policy P3/17 therefore includes a downward shift in the division between Categories B and C of 3 LAeq,TdB compared with that in the PPG. In environmental acoustics, this is recognised as being the smallest difference in noise levels that is perceptible. It is also the tolerance PPG24 offers local planning authorities to allow for individual circumstances. The Council’s adopted rail noise standards were prepared with reference to research on noise disturbance caused by railway noise and have also been adopted by Kent County Council and 18 other Local Authorities in the South East.

3.6.7 Certain other forms of development can be noise sensitive, particularly schools, hospitals and offices. Buildings for such uses often include areas which are not noise sensitive, for example storage areas which do not require protection. Alternatively, judicious site layout design may be used to protect more sensitive buildings. Mitigation measures may need to be in the form of specific building design. Other locations such as areas of landscape, nature conservation and historic value, and places and/or areas where livestock are kept are also locations where the potential impact of noise should be taken into account in considering applications.

3.6.8 Noisy developments can adversely affect the amenities of the area where they are proposed, particularly where background noise levels are low. Where new noisy industrial or similar development is proposed it is important that it should not have an unacceptable adverse impact on the amenity of existing uses in the locality, particularly noise sensitive uses such as residential. The technical demonstration of impact will need to be couched in the terms set out in PPG24 and BS4142: 1990.

POLICY P3/17

1. In considering the impact of noise from transport-related sources on proposals for new residential development, the Noise Exposure Categories (NECs) identified in the table below will be applied as follows:

(1) where noise levels are within Category A, noise will not usually be a determining issue;

(2) where noise levels fall within Category B, the applicant will be required to demonstrate that adequate mitigation measures are included in the proposal to reduce noise to a satisfactory level;

(3) where noise levels fall within Category C, planning permission will not normally be granted;

(4) where noise levels are within Category D, planning permission will be refused.

NOISE LEVELS(1) CORRESPONDING TO THE NOISE EXPOSURE CATEGORIES FOR NEW DWELLINGS LAeq,TdB
Noise Source	Noise Exposure Category (NEC)
	A	B	C	D
Road traffic
0700-2300 2300-0700(2)	<55 <45	55-60 45-57	60-72 57-66	>72 >66
Rail Traffic
0700-2300 2300-0700(2)	<55 <47	55-61 47-52	61-74 52-66	>74 >66
Mixed sources(3)
0700-2300 2300-0700(2)	<55 <44	55-60 45-52	60-72 52-66	>72 >66
(1) Noise levels: the free field noise level(s) (LAeq,T) used when deciding the NEC of a site should be representative of typical conditions. (2) Night-time noise levels (2300-0700): sites where individual noise events regularly exceed 75 LAmax (S time weighting) several times in any hour should be treated as being in NEC C regardless of the LAeq,8h (except where the LAeq,8h already puts the site in NEC D). (3) Mixed sources: this refers to any combination of road, rail and industrial noise sources. The 'mixed source' values are based on the lowest numerical values of the single source limits in the table. The 'mixed source' NECs should only be used where no individual noise source is dominant.

2. In considering proposals for noise-sensitive development (including offices, hospitals, schools and, in respect of noise emanating from non-transport related sources, housing), the impact of existing noise sources should be minimised through positioning of buildings and noise-sensitive rooms within buildings away from the noise source, through specific detailed design features and through the appropriate use of noise barriers. The applicant will be required to demonstrate that the proposal is not exposed to unacceptable levels of noise relative to the proposed use.

3. In considering proposals for noise-generating development, the proposal should not have a significant adverse noise impact on any nearby noise-sensitive uses (including offices, hospitals, schools and, in respect of noise emanating from non-transport related sources, housing). As far as practicable, noise generating developments should be located in areas where noise will not be an important consideration and where its impact can be minimised. Areas where the background noise levels are very low and which are important for their recreational and amenity value will not be considered suitable for noisy developments.

3.6.9 If not properly controlled, artificial light can cause a number of physiological, ecological and amenity problems and result in a waste of natural resources. Poorly designed lighting can result in traffic hazards and a loss of residential amenity. In rural areas, floodlit car parks and sports facilities can be particularly intrusive. However, not all forms of lighting require planning permission. Any action which the Borough Council can take is therefore limited. For example, security lights on private property and street lighting do not require planning permission. In addition, Highway Authorities are required to meet specific illumination standards in the interests of public safety. It is important that adequate lighting is provided in some locations, such as car parks, to provide for safety and personal security and to minimise crime.

3.6.10 Where lighting is necessary the impact can, in some instances, be mitigated by ensuring that lights are switched off when not required, for example, by use of passive infra-red detectors. Detailed guidance on the reduction of light pollution has been published by the Institute of Lighting Engineers and the Borough Council will have regard to this and other relevant published guidance on the subject. In instances where planning permission is required, the following policy will apply:

POLICY P3/18

Proposals involving artificial lighting which would cause material harm to residential or rural amenity or to interests of ecological importance or would endanger highway safety will not be permitted. Where artificial lighting is necessary and appropriate:

(1) the Borough Council will require its nature and scale to be the minimum required for the building or use compatible with the need to ensure safety and personal security;

(2) where practicable, all lighting should be directed downwards to restrict the illuminated area to where it is needed to minimise any sky-glow effect;

(3) where appropriate, additional planting should be provided to minimise the impact of artificial lighting in the wider landscape.

3.7.1 Energy Production is a major source of environmental pollution caused by the burning of fossil fuels. Local Plans can have an impact on the efficiency with which energy is used through their influence on the viability of combined heat and power schemes involving district heating networks, and on factors such as the design, location and energy efficiency of new development, and on transportation (particularly through the promotion of walking and cycling and the introduction of traffic management measures - see Chapter 7).

3.7.2 Solar energy can be exploited through an integrated energy efficient approach to building design. For dwellings, this can be achieved, for example, by the orientation of rooms so that habitable rooms are within 30° of south, and by careful layout and design to minimise overshadowing. However, suitable soft landscaping can provide summer shade and reduce heat loss in winter. A further reduction in carbon dioxide emissions can be achieved by reducing demand for energy by the use of energy efficient lighting, and by improving the insulation of buildings, but this is covered by the Building Regulations and is therefore outside the scope of the Local Plan. More detailed guidance on energy efficient design is published by the Department of the Environment, Transport and the Regions.

POLICY P3/19

New development proposals and building conversions, refurbishments and extensions should incorporate the following energy efficiency design principles as far as practicable:

(1) siting, form, orientation and layout of buildings, location and size of windows, and where appropriate, the inclusion of atria or lightwells should be aimed at maximising the benefits of passive (or natural) heating, lighting and air conditioning;

(2) location of habitable rooms along walls facing within 30o of south;

(3) the use of soft landscaping including deciduous tree planting, to increase summer shading whilst maintaining solar heat gain in winter;

(4) the use of energy efficient technology such as energy efficient lighting and where appropriate, the use of solar collectors.

3.7.3 Renewable Energy is the term used to cover energy flows that occur naturally and repeatedly in the environment, from the sun, wind, wood, oceans and the movement of water. A Renewable Energy Planning Study for the South East has been undertaken to identify such resources. It is Government policy to stimulate the exploitation and development of renewable energy sources wherever they have prospects of being economically attractive and environmentally acceptable, though PPG22 advises that development of renewable energy sources must be weighed carefully against the continuing commitment to policies protecting the environment. Within the Green Belt, development for this purpose is considered inappropriate unless it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it.

3.7.4 The Borough Council acknowledges that new and renewable energy sources offer the possibility of increasing diversity and security of energy supplies and reducing harmful emissions. In assessing any proposals, the Borough Council will need to consider both the immediate impact of the project on the local environment and the wider contribution to reducing the emission of greenhouse gasses. The following policy will apply:

POLICY P3/20

Proposals for the development and utilisation of renewable sources of energy will be permitted provided that there is:

(1) no unacceptable adverse impact on air, water and land quality under the terms of Policy P3/16;

(2) no unacceptable impact on residential amenity by virtue of noise, visual intrusion or other disturbance;

(3) no unacceptable risk to public health or safety;

(4) no unacceptable impact on the landscape or nature conservation interests;

(5) no unacceptable adverse impact arising from the nature and level of traffic generation.

Within the Green Belt, proposals for built development which do not constitute essential facilities for uses which preserve the openness of the Green Belt, and conflict with the purposes of including land within it, will be subject to Policy P2/16.

3.8.1 The performance of the Plan in meeting its aims with regard to the natural environment as listed in paragraph 3.1.1 will be judged against the following indicators:

(i) net change to the extent and quality of natural resources identified in the Plan;

(ii) net change in air and water quality;

iii) net change in the amount of damaged land;

(iv) the amount of development utilising energy efficient design and renewable energy sources;

(v) the number of noisy developments permitted where background noise levels are low.