Colchester City Council Preferred Options Local Plan Regulation 18 Consultation 2025
4. Environment
4.1 Colchester's countryside and coastline is extremely diverse and important in terms of its natural and historic environment, including biodiversity, landscape character, archaeology and cultural heritage. The natural environment contributes to what is unique and special about Colchester. The countryside provides the attractive landscape setting that defines and characterises the villages and rural communities of Colchester. The countryside and coastal areas also provide important agricultural, tourism and recreational opportunities that support local economies and communities.
4.2 The policies in this chapter seek to protect Colchester's important natural and historic environment and go further than protection through requirements and support for enhancement and net gain. Additionally, they seek to ensure protection and management of water resources and the quality and the land and environment. These policies will contribute towards the theme in the vision of healthy, vibrant and diverse places by protecting, maintaining and enhancing the distinct character, heritage identity and setting of Colchester city and protecting stretches of undeveloped countryside, enhancing the quality of the natural environment creating net gains to biodiversity.
4.3 These policies are supported by the government's Environmental Improvement Plan and the creating a better environment agenda, which has been taken as the approach to the Local Plan; NPPF protection for the natural and historic environment; the draft Essex Local Nature Recovery Strategy and the evidence base including the Colchester Biodiversity Protection and BNG Study, Colchester Level 1 Strategic Flood Risk Assessment and Stage 1 Heritage Impact Assessment.
Policy EN1: Nature Conservation Designated Sites Comment
Development proposals that have adverse effects on the integrity of habitats sites or Sites of Special Scientific Interest, either alone or in-combination, will not be supported.
Contributions will be secured from qualifying residential development, within the Zones of Influence as defined in the adopted Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS, or brand name Bird Aware Essex Coast), towards avoidance and mitigation measures identified in the adopted strategy and any updates to the strategy.
Reference to Bird Aware Essex Coast must be included on any signage or interpretation that relates to a Suitable Alternative Natural Greenspace (SANG) required in accordance with the Habitat Regulations Assessment. Signage and interpretation boards should explain the natural features of the open space and include places to rest within and throughout the SANG.
Nature-based welcome packs will be required for new homeowners for schemes of 100 or more dwellings.
Justification
Purpose of the policy
4.4 The purpose of the policy is to protect designated nature conservation sites. The policy recognises and reflects the hierarchy of sites in accordance with the NPPF, which states that planning policies and decisions should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils and requires Plans to distinguish between the hierarchy of international, national and locally designated sites. Compliance with the Essex Coast RAMS is included to ensure compliance with the Habitats Regulations.
Alternative
4.5 The alternative is to rely on protection through legislation, including the Habitats Regulations, and not include the policy. However, given the importance of nature conservation sites it is appropriate to include the policy.
Policy EN2: Biodiversity Net Gain (BNG) and Environmental Net Gain Comment
All development proposals must deliver a minimum of 10% biodiversity net gain (BNG) in accordance with legislation. Proposals for habitat creation, enhancement and BNG should have regard to the Colchester City Strategic Biodiversity Assessment.
All opportunities must be taken to maximise the delivery of onsite BNG. Alternative measures to delivering BNG should only be considered appropriate where it can be demonstrated that the required level of BNG cannot be achieved within the site.
The sites listed in this policy and shown on the policies maps are the Council's preferred offsite BNG sites. These sites will deliver the best gains for biodiversity and include a range of habitat types. The strategic significance of these sites is high. Where offsite BNG units are required to meet the minimum 10% BNG where 10% BNG cannot be delivered onsite, the Council recommends that applicants purchase units from the following strategic offsite BNG sites where available:
- Abbotts Hall, Great Wigborough
- Maydays Farm, Haycocks Lane, West Mersea
- Chipping Farm, Copford
- Brook Meadows, Tiptree
The Essex Local Nature Recovery Strategy (LNRS) contains strategic opportunity maps, which show the habitats and locations which have been identified as having 'strategic significance'. Only the LNRS strategic opportunities and the BNG sites listed in this policy can be assigned a score of 'high' in the strategic significance category in the Biodiversity Metric.
The Council will support development proposals that go beyond BNG and seek to demonstrate environmental net gain.
Justification
Purpose of the policy
4.6 The purpose of the policy is to encourage onsite BNG in the first instance and where this cannot be achieved, recommend purchasing units from the offsite BNG sites with strategic significance for biodiversity. The policy is clear on the habitats that can be assigned a score of 'high' in the strategic significance category in the Biodiversity Metric. The Biodiversity Protection and BNG Study (2024), part of the Local Plan evidence base, concluded that the potential BNG sites listed in the policy, all have a high strategic ranking. These sites, which were all submitted by landowners to the BNG call for sites, are the Council's preferred sites for offsite BNG and the sites the Council will recommend that applicants purchase units from where offsite units are required, once they are registered.
4.7 Abbotts Hall is a proposal from Essex Wildlife Trust. Proposed habitats include lowland mixed deciduous woodland, ponds, medium distinctiveness scrub, individual trees, species rich native hedgerow, grassland and ditches, saltmarsh. The creation of a BNG habitat bank at Abbotts Hall will contribute to the Trust's wider ambitions to rewild the site and establish a nature reserve, which will be open to the public in 2026. The site is strategically significantly, adjacent to SSSI and connected to other coastal nature conservation sites including Old Hall Marshes and Copt Hall. There are opportunities for extensive habitat creation on formerly cultivated fields including grassland, wetland and woodland. Habitat creation measures should integrate with adjacent and nearby internationally designated sites and locally relevant species priorities, such as Nightingale and Turtle Dove.
4.8 Natural England consider that Maydays Farm would provide an excellent opportunity to create valuable habitat for wading birds and enhance habitat connectivity. The site is in a strategic location, adjacent to the Colne Estuary SSSI. The land is entirely below 5m AOD and adjacent to the Pyefleet Channel making it suitable for the creation of grazing marsh and associated freshwater habitats. It would also be suitable for the creation of intertidal habitats, although they are currently outside the remit of BNG.
4.9 Habitats at Chipping Farm currently include arable, hedgerows, ponds, woodland, scrub. Enhancement of existing habitats may be possible. The site is adjacent to LoWS Co35. Ground conditions may be suitable for the creation of a wide range of habitats within a landscape scale mosaic, including acid grassland. Existing woodlands on and adjacent to the site could be extended and buffered.
4.10 Brook Meadows is a LoWS and part of Inworth Grange Pits. This site has a recognised value as grassland habitat, but has not been managed favourably for nature conservation, with willow scrub invading. Regular management to control willow growth and improve the condition and diversity for the grassland would generate a gain for biodiversity. The site is wet in places and acidic, which should be reflected in site management plans.
4.11 Applicants should explore the best opportunities in the immediate proximity as a first option for achieving BNG, or any other environmental obligations. Depending on the location, that might be creating new green infrastructure, buffering an adjacent LoWS, enhancing a nearby LoWS or green space, planting street trees, or incorporating biodiverse roofs or other onsite measures. Consideration should be given to where the best gains can be achieved in each case and what measures would provide the most added value to the existing biodiversity resource of the area around the site.
4.12 Environmental net gain is supported and encouraged. Environmental net gain goes further than biodiversity net gain and results in gains to ecosystem services, which are services provided by the natural environment that benefit people. E.g. food, fibre and fuel provision, cultural services, regulation of the climate, the purification of air and water, flood protection, soil formation and nutrient cycling. Natural England has developed an Environmental Benefits from Nature Tool, which builds on the BNG Metric to measure environmental gain.
Alternative
4.13 The alternative is not to include a policy on BNG as it is a mandatory requirement and not recommend that applicants purchase offsite units from the strategic offsite BNG sites listed in the policy, which evidence shows will result in the best gains for biodiversity.
Policy EN3: Biodiversity and Geodiversity Comment
Development proposals where the principal objective is to conserve or enhance biodiversity and geodiversity interests will be supported in principle providing appropriate ecological evidence supports these actions, and the proposals are expected to conserve or enhance biodiversity.
For all proposals, development will only be supported where it:
- In the case of major applications, is submitted with a completed Essex biodiversity validation checklist; and
- Is supported with appropriate ecological surveys by a suitably qualified person where necessary. Where a preliminary ecological appraisal indicates that further surveys are required to support a planning application, the results of all such surveys and associated details of necessary mitigation measures need to be submitted prior to determination; and
- In cases where there is reason to suspect the presence of a protected species (and impact to), or Species/Habitats of Principal Importance, or locally important Species/Habitats, applications should be accompanied by an ecological survey, carried out at the appropriate time of year and taking into account appropriate weather conditions, assessing their presence and, if present, the proposal must be sensitive to, and make provision for their needs; and
- Demonstrates that, in the design of the proposal, the mitigation hierarchy has been followed with respect to ecological impacts. Where impacts on habitats and species cannot be avoided, a clear explanation of why alternative sites are not feasible and what proposed mitigation measures are necessary to address all likely significant effects; and
- Incorporates and maximises opportunities for the preservation, restoration, enhancement, connectivity and creation of a mosaic of habitats in accordance with the Essex Local Nature Recovery Strategy; and
- Demonstrates that significant harm to brownfield sites of high biodiversity value is avoided and fragmentation of habitats is minimised; and
- Incorporates biodiversity enhancement measures (in addition to mandatory biodiversity net gain) such as the creating space for nature design principles included in the Biodiversity Supplementary Planning Document; and
- Focuses habitat creation and enhancement measures on the habitats that are already present in the area and retaining existing communities and species populations that have been recognised as having significance; and
- Where development is proposed adjacent to, or including, a LoWS, the creation of new habitat to buffer it should be a priority of design and masterplanning.
Proposals for development that would cause significant direct or indirect adverse harm to nationally designated sites or other designated areas, protected species, Habitats and Species of Principal Importance and local importance, will not be permitted unless:
- They cannot be located on alternative sites that would cause less harm; and
- The benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and
- Satisfactory mitigation, or as a last resort, compensation measures are provided.
The Council will take a precautionary approach where insufficient information is provided about avoidance, mitigation and compensation measures and will require that this information is submitted prior to determination. Mitigation and compensation measures will be secured through planning conditions/obligations where necessary.
A Construction Environment Management Plan, which includes details of all necessary ecological mitigation measures including protection of retained habitats and requirements for ecological supervision during works on site using a suitably experienced Ecological Clerk of Works, will be required by condition where necessary.
Where external expertise is required to review and validate ecological survey reports, applicants may be requested to reimburse the Council, arrangements will be discussed at the pre-application stage and may be secured through a Planning Performance Agreement.
Justification
Purpose of the policy
4.14 The purpose of the policy is to ensure that the biodiversity value of all sites is understood and that applications are supported by appropriate ecological surveys which clearly identify likely impacts and any required mitigation and compensation measures. The policy recognises the importance of all sites, including local wildlife sites, and habitats and species of national (Priority habitats and species) and local importance. The policy requires that the mitigation hierarchy is followed, which is good practice. Biodiversity protection is a duty that public bodies, developers, landowners and society generally all share. The Royal Society states that "Biodiversity is essential for the processes that support all life on earth, including humans. Without a wide range of animals, plants and microorganisms, we cannot have the healthy ecosystems that we rely on to provide us with the air we breathe and the food we eat. And people also value nature itself."
Alternative
4.15 The alternative is to rely on protection through legislation and not include the policy. However, given the importance of biodiversity it is appropriate to include the policy.
Policy EN4: Irreplaceable Habitats Comment
Proposals that would result in the loss of irreplaceable habitats [as defined in The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024] will not be permitted unless there are wholly exceptional reasons and a suitable compensation strategy, to the satisfaction of the Council, exists.
Proposals predicted to result in adverse impacts upon irreplaceable habitats must be accompanied by detailed survey information and clear evidence to support the exceptional reasons that justify such a loss. The compensation strategy must include contribution to the enhancement and management of the habitat.
Proposals close to ancient woodland must include a buffer zone of at least 15 metres from the boundary of the woodland to avoid root damage. Where surveys show that other impacts are likely to extend beyond this distance, a larger buffer zone will be required.
Justification
Purpose of the policy
4.16 The purpose of the policy is to ensure the protection of irreplaceable habitats and that any loss is only allowed in exceptional circumstances and that where loss occurs, compensation is provided in accordance with NPPF paragraph 186(c), which states that development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused. Ancient woodland and veteran trees serve as a rich cultural record of past management practices. A buffer zone around ancient woodland is important to avoid root damage. In some cases, such as where air pollution from a significant increase in traffic may adversely affect ancient woodland, a larger buffer zone may be appropriate.
4.17 The Woodland Trust wrote to all local planning authority Chief Executives in March 2024 to highlight current and new legal and policy obligations to protect ancient woodland and veteran trees from the threat of development. Ancient woodland is an irreplaceable resource of great importance for its wildlife, soils, recreation, cultural value, historical and archaeological significance, and the contribution it makes to our diverse landscapes. It is a scarce and threatened resource, covering only 2.5% of England's land area, and has a high level of protection in planning policy.
Alternative
4.18 The alternative is to rely on protection through legislation and not include the policy. However, given the importance of irreplaceable habitats it is appropriate to include the policy.
Policy EN5: New and Existing Trees Comment
Proposals for major development must consider the opportunities for new tree planting, including street trees, alongside and in addition to the requirement for an increase in tree canopy cover. Proposals should consider planting trees that, upon maturity, would be of a scale and form that have the potential to form positive focal points or a landmark.
Where new trees are proposed, consideration must be given to the possible conflict between new trees and built form and be compatible with highway considerations and parking areas. Tree species must reflect local conditions and management objectives of the specific site. The maintenance of new trees must be included within any landscape management plan and landscape maintenance schedule for the site for an agreed period of time to ensure establishment.
All new development should incorporate existing trees. Proposals should ensure that existing trees are not damaged and are retained wherever possible. Consideration must be given to the potential for future pressure to prune or fell existing trees and the design of development must mitigate this.
Tree survey information must be submitted with all planning applications where trees are present on site. The tree survey information must include protection, mitigation and management measures.
In some instances, trees can cause damage to property or infrastructure requiring significant pruning or even removal. In these cases, a fair and balanced judgement will be made based on the suitability and benefits of retaining a tree against the potential risks it may pose.
Where the loss of trees is essential to allow for appropriate development an appropriate species and number of replacement trees must be provided. Any replacement trees should be provided as close as possible to the new development and should be supported by a suitable management and maintenance scheme.
Justification
Purpose of the policy
4.19 Trees make an important contribution to the character and quality of urban environments and can also help mitigate and adapt to climate change. The purpose of the policy is to ensure that existing trees are protected, with consideration given to potential for future pressure to prune or fell, and that opportunities are taken to plant new trees. The policy is in accordance with NPPF paragraph 136, which states: 'planning policies and decisions should ensure that new streets are tree-lined, that opportunities are taken to incorporate trees elsewhere in developments (such as parks and community orchards), that appropriate measures are in place to secure the long-term maintenance of newly-planted trees, and that existing trees are retained wherever possible.' Whilst the Local Plan includes a policy requirement to increase tree canopy cover, the focus of this policy is on planting new street trees, including trees that could become a focal point or landmark.
4.20 It is important to consider the maintenance issues associated with street tree planting and the need to work with highways officers to ensure that the right trees are planted in the right places, and solutions are found that are compatible with highways standards and the needs of different users consistent with NPPF, paragraph 136. Regard should be had to the Essex Design Guide: Highways Technical Manual - Planting in sight splays.
Alternative
4.21 The alternative is not to include the policy and rely on the protection of trees through the biodiversity policy and the planting of new trees through the requirement for an increase in tree canopy cover. However, this policy provides a focus on street trees and the role trees have as positive focal points or landmarks.
Policy EN6: Conserving and Enhancing the Historic Environment Comment
Development that will lead to substantial harm to or total loss of significance of a listed building, conservation area, historic park or garden or important archaeological remains, locally significant buildings, non-heritage assets (including the setting of heritage assets) will only be permitted in wholly exceptional circumstances where the harm or loss is necessary to achieve substantial public benefits that outweigh the harm or loss. Where development will lead to less than substantial harm this harm should be weighed against the public benefits of the proposal. Public benefits should clearly outweigh the harm in cases of substantial harm, this includes considering factors such as the optimisation of the assets viable use and the public interest in development. If development leads to less than substantial harm, this needs to be balanced against the public benefits of the proposal, focusing on the quality and public need of those benefits.
Development affecting the historic environment should conserve and enhance the significance of the heritage asset and any features of specific historic, archaeological, architectural or artistic interest. There should be importance attributed to preserving the setting of the heritage assets acknowledging the relationship between the asset and its surroundings. In all cases there will be an expectation that any new development will enhance the historic environment or better reveal the significance of the heritage asset unless there are no identifiable opportunities available.
Within designated Conservation Areas, proposals must preserve or enhance the character and appearance of the area in accordance with the statutory duty to consider these aspects under the Planning (Listed Buildings and Conservation Areas) Act 1990. Development should complement the form, materials, and architectural style of existing buildings and spaces. Demolition of unlisted buildings or structures within a Conservation Area will only be permitted where it can be demonstrated that the building or structure harms or contributes little to the character or appearance of the area. In all cases, detailed justification, including an assessment of alternatives, will be required. Applicants for proposals within Conservation Areas should engage with the local community and stakeholders, including local historical societies, to ensure that the local significance of the area is recognised and respected in any proposed development.
The adaptive reuse of heritage assets, including listed buildings, non-designated heritage assets, and buildings within Conservation Areas, is encouraged, provided that the proposed changes do not harm the significance of the asset. The preservation of key features, materials, and architectural elements should be a priority, and any alterations should be sympathetic to the asset's character.
In assessing proposals for development affecting heritage assets, consideration will be given to the broader public benefits that the development may bring, including providing access to heritage sites, educational opportunities, and enhancing public understanding of Colchester's historic environment.
All development proposals should promote the adaptive reuse of buildings and the role of heritage in sustainable development (such as retrofitting for energy efficiency or considering climate change in heritage management). Heritage Impact Assessments will be required for proposals related to or impacting on the setting of heritage assets so that sufficient information is provided to understand the significance of the heritage assets and to assess the impacts of development on historic assets, together with any proposed mitigation measures.
Justification
Purpose of the policy
4.22 The Council will conserve and where appropriate enhance the historic environment recognising the positive contribution made to the character and distinctiveness of Colchester through the diversity and quality of heritage assets. This includes wider social, cultural, economic and environmental benefits.
4.23 Colchester's importance as a historic City warrants a policy detailing and reinforcing the need to conserve and enhance the historic environment. The policy focuses on the protection and preservation of both designated and non-designated heritage assets, as outlined in the Council's Local List, which includes 715 recorded heritage assets. The goal is to prevent or minimise harm to these assets and to assess any potential harm in relation to the loss of their significance. In cases where harm is deemed unavoidable, efforts should be made to retain some element of significance. Additionally, the Council may refer to the NPPF when deciding whether an asset qualifies as a non-designated heritage asset for the purposes of a planning application.
4.24 The Council will promote heritage partnership agreements where appropriate, to support the long-term management and conservation of heritage assets, particularly those 'at risk' or in need of significant investment.
4.25 The Council will work proactively to identify heritage assets at risk of decay or neglect and will support initiatives aimed at securing their long-term survival. This may include offering advice on repair, restoration, or funding opportunities, in collaboration with heritage bodies such as Historic England.
4.26 In instances where existing features have a negative impact on the historic environment, as identified through character appraisals (or other method of identification of historic assets), the Council will request the removal of the features that undermine the historic environment as part of any proposed development. The Council will request the provision of creative and accessible interpretations of heritage assets impacted by development.
4.27 There will be a presumption in favour of the physical preservation in situ of nationally important archaeological remains (whether scheduled or not). The more important the asset, the greater the weight will be for preservation in situ. In accordance with national legislation, preservation of remains may require the refusal of development that could be detrimental.
Alternative
4.28 The alternative is to rely on legislation and the NPPF and not include a policy. The NPPF requires local planning authorities to outline a strategy for the conservation and enjoyment of the historic environment within their Local Plans. Failing to include a policy that provides a strategic approach would not be a viable alternative, as it would create inconsistency with the NPPF.
Policy EN7: Archaeology Comment
All development proposals that may affect archaeological sites or areas of archaeological potential must include a desktop study and, where necessary, an archaeological field evaluation to assess the impact on below-ground heritage assets. A written scheme of investigation (WSI) will be required to outline the methodology for archaeological investigation, excavation, or preservation in situ, as appropriate.
In cases where archaeological remains are likely to be impacted, the preferred approach is to preserve the remains in situ. However, where this is not feasible, appropriate recording and excavation will be required before any development can proceed. Results of such investigations should be deposited with the Historic Environment Record (HER) and made publicly available.
Justification
Purpose of the policy
4.29 As with the Conserving and Enhancing the Historic Environment policy, the purpose of this policy is to conserve and where appropriate enhance the historic environment – specifically archaeological sites or areas, recognising the positive contribution made to the character and distinctiveness of Colchester.
4.30 The NPPF states that 'where a site on which development is proposed includes, or has the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation' (paragraph 207).
Alternative
4.31 The alternative is to include this in the Conserving and Enhancing the Historic Environment policy rather than having a stand-alone archaeology policy.
Policy EN8: Flood Risk and Sustainable Drainage Systems (SuDS) Comment
Development should be directed away from land at risk of flooding in accordance with the National Planning Policy Framework and Planning Practice Guidance.
Planning permission will only be granted where it has been demonstrated that:
- the site will remain safe from all types of flooding throughout the lifetime of the development; and
- flood risk will not increase on or off site as a result of the development.
Proposals that include measures to enhance the flood resilience of new or renovated buildings will be encouraged, particularly in areas with a history of local flooding.
Where buildings have been demolished within the functional floodplain (Flood Zone 3b) for a significant length of time (i.e. over a year), the land should be reverted back to functional floodplain and consequently, development should be avoided within these areas. Where a building(s) is already located in the functional floodplain, any proposals to regenerate or replace such building(s) must not increase the building footprint any greater than the existing footprint.
The Colchester Surface Water Management Plan identifies Critical Drainage Areas. New developments within Critical Drainage Areas will be required to provide or contribute towards the provision of flood mitigation options via CIL/S106 contributions, as identified in the Colchester Surface Water Management Plan (and its successor). This is to reduce or mitigate the risk of flooding to existing properties located within the Critical Drainage Area and to accommodate the drainage needs of new developments.
Where a site specific flood risk assessment is required in accordance with national policy this should be prepared in accordance with the Colchester Level 1 Strategic Flood Risk Assessment. A Sustainable Drainage Strategy should also be submitted as part of a planning application where a site specific flood risk assessment is required. Any Sustainable Drainage Strategy should be developed having regard to the latest guidance including the CIRIA SuDS Manual, Essex County Council SuDS Design Gude, Essex County Council Green Infrastructure Strategy and Colchester's Green Network and Waterways Guiding Principles (and their successors).
Where sites are at risk of groundwater flooding, construction phase groundwater monitoring during periods of high groundwater (October – March) should be included in the Flood Risk Assessment to inform the design and any mitigation measures, unless adequate justification can be provided by the applicant to exempt the proposed development from this requirement.
All new development will be required to incorporate water management measures to reduce surface water run-off and adverse impact to water quality, to ensure flood risk is not increased elsewhere. Nature-based solutions are a priority for flood and water management. Surface water should be managed in accordance with the drainage hierarchy and be managed close to its source, at the surface and mimic natural drainage as much as possible. All development proposals should incorporate Sustainable Drainage Systems and consider:
- Natural flood management at a catchment scale, including watercourses and coastal areas;
- Existing drainage features such as ditches and ponds to be retained and incorporated into developments proposals where possible;
- Developments close to rivers should consider the opportunity to improve and enhance the river environment;
- Prioritisation for soft landscaped features;
- Inclusion of grey and rain water reuse systems such as green roofs and water butts;
- Inclusion of multifunctional Sustainable Drainage Systems that enhance biodiversity and provide aesthetic and amenity value, and safe public access;
- Inclusion of permeable paving for driveways, paths and roads;
- The management and maintenance of all Sustainable Drainage Systems for the lifetime of the development including responsibility and that these remain economically proportionate.
Sustainable Drainage Systems should be designed to be multifunctional, however this should not undermine their function, and these features should not be considered as making a site's entire contribution for open space as required by Policy GN1.
Development must conserve and enhance the natural flood storage value of the water environment, including watercourse corridors and catchments. Proposals that open up culverted watercourses, where it is safe and practicable, will be supported.
Justification
Purpose of the policy
4.32 The overall aims of this policy are to steer development to land with the lowest risk from flooding and ensure its safety of the lifetime of the development. The policy is also seeking to ensure Sustainable Drainage Systems are designed and implemented to enable the management of surface water flood risk through nature based solutions which can also create and enhance green infrastructure.
4.33 The Colchester Level 1 Strategic Flood Risk Assessment (January 2025), provided an overview of the risk of flooding from all sources across the Local Plan area, taking into account the impacts of climate change and land use changes. The Assessment also identifies opportunities to reduce the causes and impacts of floodings and a range of measures that could be considered as part of development to manage and mitigate flood risk.
4.34 The Colchester Surface Water Management Plan (SWMP) identifies 12 Critical Drainage Areas across Colchester. These delineate the areas where the impact of surface water flooding is expected to be greatest within Colchester. It is acknowledged that Critical Drainage Areas do not account for all the areas that could be affected by surface water flooding. It is therefore important that the policy seeks to reduce the risk from surface water flooding throughout the whole of the Local Plan area.
4.35 The Water Strategy for Essex 2024 outlines the current water challenges faced in Essex including future demand, access and provision of water resources, water quality, impacts from climate change including flood risk and water scarcity. The strategy identifies 30 actions that will contribute to addressing the water issues in Essex over the next five years, relating to the themes of reducing demand, change land use and developing alternative supply.
4.36 The use of Sustainable Drainage Systems to manage water run-off is an important tool in minimising flooding by increasing the provision of permeable surfaces in an area that allow water to seep gradually into the ground, rather than running directly into a drainage network, reducing the risk of overloading the system. Sustainable Drainage Systems can also improve water quality by enabling water treatment before water reaches its final outfall.
4.37 The design of Sustainable Drainage Systems should consider the Drainage Hierarchy, which seeks to manage water via infiltration in the first instance, with connection to a sewer being the last resort. New developments should look for ways to harvest rainwater for re-use and move away from the use of foul and combined sewers to discharge surface water.
4.38 The design of a Sustainable Drainage System should be considered early in the plan making process to enable the greatest benefits to be sought. Developers should enter into early discussions with the Environment Agency and Essex County Council (as Lead Local Flood Authority). This should also include consideration of maintenance and long term adoption responsibilities.
4.39 Conserving and enhancing the natural flood storage value of the water environment, including watercourse corridors and catchments, and opening up culverted watercourses, where it is safe and practicable, will support ecological improvements and create assets that are of benefit to local community, such as for recreation.
Alternatives
4.40 The alternatives are to rely on national policy and guidance or retain the previous Local Plan Policies DM23 and DM24. However, this new policy is considered to be clearer than the adopted Local Plan policies.
Policy EN9: Pollution and Contaminated Land Comment
Proposals will be supported that do not result in an unacceptable risk to public health or safety, the environment, general amenity, or existing uses due to the potential of air pollution, light pollution, noise nuisance, surface / ground water sources or land pollution. High quality open spaces that meet the Council's Guiding Principles for the green network and waterways must be incorporated into development proposals to minimise environmental impacts and contribute to improved environmental quality through the consideration of the selection of species (e.g. trees) and planting design to address air quality, soil erosion, noise and light pollution.
Proposals that include outdoor lighting must follow best practice design principles to reduce light pollution and its impact on dark skies. Where a Lighting Plan is submitted in support of an application, it should contain information to show how the lighting is justified, what luminaires are used and where, how it complies with relevant standards and how it considers wider landscape and wildlife considerations.
Proposals for developments within designated Air Quality Management Areas (AQMAs) or where development within a nearby locality may impact on an AQMA are required, firstly, to be located in such a way as to reduce emissions overall, and secondly to reduce the direct impacts of those developments. Applicants shall, prepare and submit with their application a relevant assessment, taking into account guidance current at the time of the application, which must be to the satisfaction of the Council. Permission will only be granted where the Council is satisfied that after selection of appropriate mitigation the development will not have an unacceptable significant adverse impact on air quality and health and wellbeing.
Development proposals on or adjacent / in close proximity to contaminated land, or where there is reason to suspect contamination, must include a contamination risk assessment of the extent of contamination and any possible risks. Where necessary this should provide any additional environmental protection and mitigation measures, such as landfill gas and leachate migration management, post remediation and management regimes for former landfill sites. The onus is on the applicant to demonstrate that there is no likely risk to health or the environment due to contamination. Where planning permission is granted, conditions may be imposed requiring the execution of any necessary remedial works. Where a site is affected by land contamination, responsibility for securing a safe development rests with the developer and/or landowner, who will be required to carry out the above. After remediation, as a minimum, land should not be capable of being designated as contaminated land under Part IIA of the Environmental Protection Act 1990.
Justification
Purpose of the policy
4.41 Land and air pollution are subject to regulatory controls under Environmental Health Legislation including the Environmental Protection Act 1990, Pollution Prevention Act 1999 and the Environment Act 1995. There is some overlap with planning in considering proposals for new development, with the need to ensure that in granting planning permission for something it does not create any unacceptable pollution, or worsen an existing issue, and where necessary implements mitigation measures to reduce or eliminate the problem.
4.42 Paragraph 187(e) of the NPPF states that planning policies and decisions should contribute to and enhance the natural and local environment by: 'preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans'. Criteria (f) states: 'remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate'. Paragraph 201 recognises that the focus of planning policies and decisions should be on whether proposed development is an acceptable use of land, rather than the control of processes or emissions.
Alternative
4.43 The alternative is to not include this policy and rely on legislation and the NPPF.
