Colchester Submission Draft Local Plan Regulation 19 Consultation 2026

Ends on 13th October 2026 (46 days remaining)

4. Environment

4.1Colchester’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 and historic 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.

4.2The policies in this chapter seek to conserve and enhance these environmental assets. In addition to protection, they support opportunities for enhancement, restoration and measurable biodiversity net gain, including measures which contribute to climate change mitigation and adaptation. Polices also address the sustainable management of natural resources and seek to protect important heritage assets and manage / mitigate any impacts where necessary. Collectively, these policies contribute to 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.

4.3These policies are supported by national policy, including the NPPF and government’s Environmental Improvement Plan, the Essex Local Nature Recovery Strategy and the Council’s evidence base such as the Colchester Biodiversity Protection and BNG Study, Colchester Strategic Flood Risk Assessment and Heritage Impact Assessment.

4.4Biodiversity and nature recovery are addressed through several complementary policies:

  • Policy EN2: mandatory Biodiversity Net Gain (BNG) requirements;
  • Policy EN3: assessment, protection and mitigation of biodiversity and geodiversity impacts; and
  • Policy GN2: strategic delivery of habitat creation and nature recovery.
  • These policies should be read together and applied proportionately to ensure that development avoids harm, secures appropriate mitigation and contributes to wider ecological networks.

Policy EN1: Nature Conservation Designated Sites Comment Ramsar Site (1) Special Protection Area (2) SSSI (3) Special Area of Conservation (4)

Development proposals that would be likely to have an adverse effect on the integrity of a habitats site, either alone or in combination, will only be permitted where the requirements of the Habitats Regulations are met.

Development likely to cause an adverse effect on a Site of Special Scientific Interest will not be supported unless the benefits of the proposal clearly outweigh the impacts and any necessary mitigation is secured.

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 or successor strategy. If an applicant pursues an alternative approach to mitigation, information to support the Council in preparing a Habitats Regulations Assessment will be required, including support from Natural England on the effectiveness of the proposed bespoke mitigation.

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 Habitats 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 where identified as necessary to mitigate recreational impacts on designated sites.

Justification

4.5Policy EN1 provides the local planning framework for protecting designated nature conservation sites and supporting compliance with national policy and the Habitats Regulations.

4.6 The purpose of the policy is to protect designated nature conservation sites. The policy recognises and reflects the hierarchy of sites in accordance with national policy, which requires plans to distinguish between the hierarchy of international, national and locally designated sites. Reference to the need to contribute towards the Essex Coast RAMS or alternative bespoke approach is included in the policy to ensure compliance with the Habitats Regulations.

4.7The whole of Colchester district is within the Essex Coast RAMS Zone of Influence. The Essex Coast RAMS partners encourage mitigation to be secured via the strategic approach and prefer developer contributions towards the RAMS. This approach will help to ensure planning applications are quicker and simpler to process and the adequate and timely delivery of effective mitigation at the habitats sites. It is also likely to be more cost effective for applicants. As an alternative, applicants may choose to conduct their own visitor surveys and provide information to support the Council in preparing project level Habitats Regulations Assessments (HRA) and secure the bespoke mitigation specified within. Where applicants choose to pursue this option, they will need to consult Natural England on the effectiveness of the mitigation proposed.

Policy EN2: Biodiversity Net Gain (BNG) and Environmental Net Gain Comment

Development proposals must deliver a minimum of 10% biodiversity net gain (BNG) in accordance with national legislation. Proposals seeking to deliver above this statutory minimum will be supported where appropriate, in the context of the wider planning balance.

Proposals for habitat creation, enhancement and BNG should have regard to the Colchester City Strategic Biodiversity Assessment.

Following the biodiversity gain hierarchy, priority will be given to achieving BNG onsite where practical and where this would deliver meaningful ecological outcomes. Where onsite delivery would be significantly constrained, offsite delivery will be supported, with preference for delivery in strategically significant locations identified in the Essex Local Nature Recovery Strategy (LNRS) in close proximity to the development site. BNG proposals should consider opportunities to enhance connectivity and access to green spaces through links to the PRoW network where appropriate, subject to ensuring the primary aim of biodiversity and ecological benefits are not compromised.

The Essex LNRS contains strategic opportunity maps, which show the habitats and locations which have been identified as having ‘strategic significance’. Only the LNRS strategic opportunities can be assigned a score of high in the strategic significance category in the Biodiversity Metric where the proposed habitat intervention is consistent with the mapped potential measure in the LNRS.

The Council will support development proposals that seek to demonstrate environmental net gain.

Justification

4.8The purpose of the policy is to support how BNG can be delivered within new development. National legislation identifies that the majority of new development must deliver minimum 10% BNG. A viability assessment for achieving higher BNG delivery within new developments across Essex was conducted and found that achieving 20% BNG did not materially affect viability for many development proposals, acknowledging the greatest costs for delivering BNG are seen when achieving the initial 10% uplift. Therefore, the Council encourages development proposals to seek to deliver above the 10% minimum BNG where possible, particularly on strategic allocations which provide greater opportunity for delivering BNG given their large scale and greenfield location which can contribute to delivering ecological outcomes that link effectively with the surrounding environment.

4.9Policy EN2 aligns with national legislation which details a biodiversity gain hierarchy which outlines that once avoidance and minimisation of impacts on biodiversity have been undertaken then BNG should seek to be delivered onsite in the first instance and only where this cannot be achieved then offsite units can be delivered. Where available offsite units cannot be sourced, then purchasing statutory credits from the Government is the last resort option.  

4.10For onsite delivery, applicants should explore the best opportunities for achieving BNG, or any other environmental obligations. Depending on the location, that might be creating new green infrastructure, buffering an adjacent LoWS, planting street trees, 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 on the site, alongside opportunities for linkages with existing green infrastructure and providing and/or maintaining public access where appropriate.  

4.11Offsite BNG delivery should equally seek to deliver the best opportunities for achieving BNG, contributing to positive outcomes for biodiversity. The Essex Local Nature Recovery Strategy identifies locations that form ‘strategic opportunities’ which represent sites that can deliver the most positive outcomes for nature recovery. Therefore, the policy encourages applicants to deliver offsite BNG at these ‘strategically significant’ locations. Delivering BNG at these locations enables a score of high to be assigned in the strategic significance category in the Biodiversity Metric. In most cases, it is preferable for offsite BNG to be delivered as close to the development site as possible and therefore applicants should explore opportunities for doing this.

4.12Environmental 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. For example, 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.

Policy EN3: Biodiversity and Geodiversity Comment Local Nature Reserve (1) REGIONALLY IMPORTANT GEOLOGICAL SITES (2) Local Wildlife Site (3)

For all proposals, development will only be supported where it:

  1. In the case of major applications, is submitted with a completed Essex biodiversity validation checklist where proportionate to the nature, scale and location of development.
  2. Is supported, where necessary, with appropriate ecological surveys by a suitably qualified person. Where a preliminary ecological appraisal indicates the need for further surveys, these must be completed and submitted prior to determination, including details of any mitigation measures.
  3. 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, surveys must be carried out at the appropriate time of year and taking into account appropriate weather conditions, assessing their presence and, if present, the proposal must make provision for mitigation measures.
  4. Demonstrates, through the design of the proposal, that 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.
  5. Responds appropriately to the Essex Local Nature Recovery Strategy by avoiding harm to identified priority habitats, species and ecological networks, and by informing mitigation and compensation measures where ecological impacts are identified.
  6. Demonstrates that significant harm to brownfield sites of high biodiversity value is avoided and fragmentation of habitats is minimised.
  7.  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 having regard to species selection that considers future climate projections.
  8. 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.

In accordance with relevant national policy and legislation, 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:

  1. They cannot be located on alternative sites that would cause less harm; and
  2. The benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and
  3. 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 and proportionate.

Justification

4.13Policy EN3 ensures that the biodiversity value of sites is understood and taken into account in the planning process. It ensures that applications are supported by appropriate ecological surveys which clearly identify likely impacts and any required mitigation and compensation measures. The policy works alongside but does not duplicate mandatory BNG requirements.

4.14National policy requires planning policies and decisions to contribute to and enhance the natural environment by protecting and enhancing biodiversity, minimising impacts, and securing measurable net gains where possible. A key principle is the mitigation hierarchy, whereby impacts should first be avoided, then mitigated, and only as a last resort compensated. This policy reflects that approach and requires it to be demonstrated through the design and assessment of development proposals.

4.15The 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 recognises that brownfield land can support habitats of high biodiversity value, particularly for invertebrates, and such sites should be retained and enhanced where possible.

4.16Colchester supports important populations of priority species, including invertebrates and bird species such as swifts. Buglife have identified Important Invertebrate Areas, supporting some of Britain’s rarest species and possessing unique assemblages of invertebrates. Incorporating appropriate measures within development, such as nesting features like swift bricks and habitat enhancements, can help to support these populations and contribute to wider biodiversity objectives Guidance is available on wildlife friendly features, including the National Design Guide and National Model Design Code which illustrate how well-designed places can support rich and varied biodiversity by facilitating habitats and routes for wildlife.

4.17Appropriate ecological information is essential to inform decision making. Early survey work is essential and should inform the design of development. Where external expertise is required to review and validate ecological survey reports, applicants may be requested to reimburse the Council to cover the cost associated with any expert advice required, arrangements will be discussed at the pre-application stage.

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. Where exceptional reasons are demonstrated, a suitable compensation strategy, to the satisfaction of the Council, after consultation with relevant stakeholders, will be required.

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 and consider future climate projections.

Proposals close to ancient woodland must include a buffer zone informed by the most up to date Standing Advice on Ancient Woodland and be proportionate to the nature, scale, and potential impacts of the development. Where surveys show that additional impacts to root damage are likely, a larger buffer zone will be required.

Justification

4.18Irreplaceable habitats, including ancient woodland, are habitats of high environmental, cultural and historical value that cannot be recreated. 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.

4.19This policy ensures the protection of irreplaceable habitats and that any loss is only allowed in exceptional circumstances and where that loss is justified, compensation is provided. This reflects national policy, 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. Irreplaceable habitats are exempt from BNG requirements recognising that their ecological value cannot be offset through standard habitat creation or enhancement. Where the exceptional loss of an irreplaceable habitat is justified the required compensation is additional to BNG requirements.

4.20Natural England and the Forestry Commission’s Standing Advice on Ancient Woodland states that proposals should have a buffer zone of at least 15 metres from the boundary of ancient woodlands to avoid root damage. However, the Standing Advice and the recommended buffer zones are currently under review and are likely to be updated recommending that the minimum buffer requirement will be increased. While a 15 metre buffer may be appropriate in some cases, for larger developments, a buffer of 30-50 metres may be more appropriate.

4.21Buffer zones must be designed to address the full range of potential impacts. Buffers may need to be significantly larger than the minimum depending on multiple factors such as development type, the sensitivity of the ancient woodland and the nature and extent of the impacts. Ancient woodlands can be affected by impacts such as noise disturbance, light pollution, domestic pet predation and recreational disturbance. Climate change is expected to exacerbate pressures on irreplaceable habitats through increased drought, storm events and temperature extremes. Proposals that are exceptionally permitted will therefore need to demonstrate how management and compensation measures take account of future climate conditions to support the long-term resilience of affected habitats.

Policy EN5: Canopy Cover and New and Existing Trees Comment

A Tree Canopy Cover Assessment will be required for all major applications. Development proposals should seek, where appropriate, to increase the level of canopy cover on site by a minimum of 10%. For sites where the baseline canopy cover is below 10% of the total site area, applicants must secure a minimum canopy coverage of 10% across the site area.

In circumstances where the tree canopy cover requirement is not possible or desirable, having regard to site constraints, viability and design considerations, compensatory provision should be identified and secured through a legal obligation. Compensatory provision will need to be discussed with the case officer on a case-by-case basis and could include provision of an additional or larger open space or tree planting elsewhere.

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.

The Council will support proposals that create pocket forests (also called Miyawaki forests) by planting native trees and shrubs together, to create a compact, biodiversity rich, and ultra-dense environment, where appropriate.

Consideration must be given to the possible conflict between new trees and built form and be compatible with highway considerations, parking areas and underground utilities. Tree species must reflect local conditions and management objectives of the specific site. Native planting should be used but consideration given to the inclusion of some non-native non-invasive species that could be suited to changing, warmer conditions. The maintenance of new trees must be included within any landscape management plan and landscape maintenance schedule for the site for an agreed period to ensure establishment.

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 proportionate to the scale and nature of development must be submitted where trees are present on site and could be affected by development. The tree survey information must include protection, mitigation, management and maintenance 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

4.22Trees, including tree canopy cover, make an important contribution to the character, quality and function of urban environments. They play an important role in mitigating and adapting to climate change by providing shade, evaporative cooling, rainwater interception and reducing the urban heat island effect. Trees contribute to improved air quality, biodiversity, energy efficiency, and have positive impacts on human health and mental wellbeing.

4.23The policy supports national policy that new streets should be tree-lined, opportunities are taken to incorporate trees elsewhere in developments, appropriate measures are in place to secure the long-term maintenance of newly planted trees, and existing trees are retained wherever possible.

4.24The principal objective of the tree canopy cover assessment is to help understand the urban forest resource, specifically the amount of tree canopy that exists on an individual site at present. Canopy cover assessments provide a more accurate representation than simply counting the number of trees. Represented as a percentage of the area in total it is then much more accurate to show changes in the cover (increase or decrease).  Increasing canopy cover is a key mechanism for delivering wider climate resilience and environmental benefits in urban areas.

4.25Well-designed tree planting can enhance habitat connectivity and species diversity. Where relevant, tree planting and canopy cover proposals should be designed to complement and, where possible, contribute to meeting BNG requirements.

4.26Species selection should follow the principle of ‘right tree, right place’, prioritising native species and climate resilient species. Trees should be embedded as integral elements of site design, with adequate rooting space and measures to avoid future conflicts with built form and highways, ensuring they function as focal points and contribute to sense of place.

4.27 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 national policy. Regard should be had to the Essex Design Guide: Highways Technical Manual - Planting in sight splays.

4.28For trees to thrive they need space for root development in the underlying soil, which must be of sufficient capacity to accommodate the rooting habits of the particular species, without impacting on the functioning of underground utilities. A sewer or lateral drain should not be located closer to trees/bushes/shrubs than the canopy width at mature height, except where special protection measures are provided such as use of appropriate barriers to resist root ingress to the sewer system. The strategy should consider both the growth of tree roots and increased heave and ground movement due to climate change. A tree should not be planted directly over sewers or where excavation onto the sewer would require removal of the tree. To minimise the risk of root damage, tree planting should provide good growing conditions. Guidance can be found in ‘Trees in Hard Landscapes: A Guide for Delivery’.

Policy EN6: Conserving and Enhancing the Historic Environment Comment Conservation Area (1) Registered Parks & Gardens (2) Scheduled Monument (3)

Development that will lead to harm to the significance of a heritage asset (including its setting) will be assessed having regard to whether the asset is designated or non-designated. Great weight will be given to the conservation of heritage assets. Any harm must be clearly and convincingly justified.

For designated heritage assets, substantial harm to or total loss of significance will only be permitted in exceptional circumstances, or wholly exceptional circumstances where the asset is of highest significance (Grade I, II* and Scheduled Monuments) and where it can be demonstrated that the harm is necessary to achieve substantial public benefits that outweigh that harm. Where a proposal would result in less than substantial harm to a designated heritage asset, this harm will be weighed against the public benefits of the proposal.

For non-designated heritage assets, a balanced judgement will be applied, having regard to the scale of any harm or loss and the significance of the asset.

Development proposals should seek to avoid or minimise harm to heritage assets through site layout, design, scale, massing and orientation, including the use of buffers, open space, landscaping and the retention of key features.

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.

The cumulative impact of development on the historic environment, including effects on settlement pattern, landscape character and the setting of heritage assets, will be taken into account.

Justification

4.29The 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.

4.30Colchester’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 847 recorded heritage assets (as of June 2026). 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 national policy when deciding whether an asset qualifies as a non-designated heritage asset for the purposes of a planning application.

4.31 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.

4.32The 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.

4.33In 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.

4.34 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.

Policy EN7: Archaeology Comment

All development proposals that may affect archaeological sites or areas of archaeological potential must include a desk-based study and, where necessary, an archaeological field evaluation to assess the impact on below-ground heritage assets. The level of assessment should be proportionate to the significance of any heritage assets affected and the scale and nature of the proposal and should take into account the potential for previously unidentified archaeological remains.

Where appropriate, a Written Scheme of Investigation (WSI) will be required to outline the methodology for archaeological investigation, excavation, or preservation in situ, as appropriate.

The results of the archaeological assessments and evaluations should inform the design, layout and mitigation strategy of development proposals. Development proposals should seek to avoid harm to archaeological remains through site design and layout wherever possible.

In cases where archaeological remains are likely to be impacted, the preferred approach, particularly where remains are of high significance, is to preserve the remains in situ. However, where this is not feasible, and where the significance of the remains justifies such an approach, appropriate recording, excavation and publication will be required before any development can proceed. Results of such investigations should be appropriately analysed, reported and disseminated, including deposition with the Historic Environment Record (HER) and made publicly available.

Justification

4.35As 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.

4.36National Policy 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.

Policy EN8: Flood Risk Comment FZ2 (1) FZ3 (2)

Development should be directed away from land at risk of flooding in accordance with national policy and Planning Practice Guidance.

Planning permission will only be granted where it has been demonstrated that:

  1. The site will remain safe from all types of flooding throughout the lifetime of the development and provides a safe means of escape or can suitably manage risk to occupants/users through other means;
  2. The most vulnerable development is located in areas of the site at lowest flood risk unless there are overriding reasons for not doing so;
  3. Flood risk will not increase on or off site as a result of the development; and
  4. The site has passed the Sequential Test and Exception test (where applicable).

The sequential and exception tests will be applied to all proposals in Flood Zones 2 and 3. Development will be avoided in Flood Zone 3b.

Proposals which have to be located in areas of flood risk, either now or in future, must include measures to enhance their flood resistance and resilience so that they can be quickly brought back into use without significant refurbishment in the event of a flood. This is a requirement for both new or renovated buildings whether in areas with a history of local flooding or in areas shown by the Colchester Level 1 or 2 Strategic Flood Risk Assessment to be at risk of flooding, either now or in future.

Where buildings have been demolished within the functional floodplain (Flood Zone 3b) for more than 1 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 existing footprint of the building.

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.

In order to ensure access to repair and maintain watercourses and flood management infrastructure, development proposals must:

  1. Not build within 8m from the edge of the bank of any Ordinary Watercourse.
  2. Not build within 8m from the edge of the bank of any Main River in accordance with the Environmental Permitting Regulations (2016).
  3. Not build within 16m of the foot of the landward side of any sea defences or between the low water mark of medium tides and the seaward side of any sea defence.
  4. Seek opportunities on a site-by-site basis to increase these buffer distances to ‘make space for water’, allowing additional capacity to accommodate climate change and enhance the natural flood storage value of the water environment.

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 Strategic Flood Risk Assessment and in a format that reflects the Flood Risk Assessment (FRA) template guidance provided on the planning portal. 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, Environment Agency’s approach to groundwater protection, Government National standards for sustainable drainage systems, Essex SuDS Design Guide, Essex Green Infrastructure Strategy and Colchester’s Green Network and Waterways Guiding Principles (and their successors).

Where sites are at risk of groundwater flooding, the Flood Risk Assessment submitted with the planning application should include a commitment to conduct construction phase groundwater monitoring during periods of high groundwater (October – March) 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.

Justification

4.37The overall aims of this policy are to steer development to land with the lowest risk from flooding of all types and ensure its safety of the lifetime of the development considering current and future impacts of climate change.

4.38The 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 flooding and a range of measures that could be considered as part of development to manage and mitigate flood risk. A Level 2 Strategic Flood Risk Assessment was carried out to provide detailed flood risk information of site allocations in the plan determined to be at a higher flood risk.

4.39 Within the Hythe regeneration area, the flood risk sequential test will be applied within the regeneration area rather than district wide. In 2008, as part of work on the Colchester Core Strategy, the Council, Environment Agency and the Department of Communities and Local Government agreed that sites coming forward for development within the East Colchester Regeneration Area could be sequentially tested within the regeneration area boundary rather than a borough wide consideration of alternative sites within a lower flood risk zone. This approach was agreed on wider sustainable development grounds to ensure that regeneration in East Colchester/Hythe, which had commenced in 2001, was able to continue. Continuation of this approach was agreed by the Environment Agency in 2017 for the adopted Local Plan to allow regeneration to continue and this approach will continue in this plan period.

4.40The 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 and that sustainable drainage systems should be designed to mitigate onsite and downstream flooding.

4.41The 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.

4.42Conserving 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. Where any work is undertaken on a watercourse Section 23 consent should be sought.

4.43Where drainage and wastewater requirements are also addressed through Policy NZ3 or Place policies, those provisions shall be read together and applied in a coordinated manner. The Council will not require multiple drainage strategies where a single, comprehensive approach demonstrates policy compliance.

Policy EN8a: Sustainable Drainage Systems Comment

All surface and foul water flows should be separated. No surface water is to be discharged to a foul sewer or a combined sewer via a new connection. Existing connections to a combined sewer through redevelopment of a brownfield site, should provide betterment in terms of reduced flows to the combined sewer network.

All development proposals should incorporate Sustainable Drainage Systems (SuDS) and consider a range of measures as appropriate such as:

  1. Natural flood management at a catchment scale, including watercourses and coastal areas, and nature-based solutions;
  2.  Existing drainage features such as ditches and ponds to be retained and incorporated into developments proposals where possible;
  3.  Developments close to rivers should consider the opportunity to improve and enhance the river environment;
  4.  Prioritisation for soft landscaped features;
  5. Inclusion of grey and rainwater reuse systems;
  6. Inclusion of multifunctional Sustainable Drainage Systems that enhance biodiversity and provide aesthetic and amenity value, and safe public access to be incorporated into site landscape strategies;
  7. Inclusion of permeable paving for driveways, paths and roads;
  8. The management and maintenance of all Sustainable Drainage Systems for the lifetime of the development including responsibility and that these remain economically proportionate.

SuDS 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. They should only be classified as part of open space, if they meet standards for open space and mitigating flood risk. SuDS can also contribute to delivering BNG, and where they do so they must do so in line with Policy EN2.

Justification

4.44 The policy seeks to ensure that SuDS 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.

4.45The Water Cycle Study has identified several nature based solution (NBS) opportunities, including runoff attenuation features, floodplain reconnection potential, and floodplain and riparian woodland potential. Developers are encouraged to contribute towards NBS opportunities and incorporate similar NBS in their site as part of SuDS delivery.

4.46The use of SuDS to manage water run-off is an important tool in minimising flooding by increasing the provision of permeable surfaces in an area that allows water to seep gradually into the ground, rather than running directly into a drainage network, reducing the risk of overloading the system. SuDS can also improve water quality by enabling water treatment before water reaches its final outfall. Surface water discharge from developments should be at the 1 in 1 Greenfield rate.

4.47The design of SuDS should follow the Drainage Hierarchy, which seeks to manage water via infiltration in the first instance, with connection to a sewer being the last resort. They should be designed to mimic natural drainage processes where possible. 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. Where brownfield sites have previously discharged to the foul network they should look for an alternative option for discharge of surface water to alleviate the stress on the foul network.

4.48The use of infiltration SuDS is not appropriate on all sites and in all locations. Infiltration SuDS should only be used where it can be demonstrated that they will not pose a risk to controlled waters. Sites with potential contamination issues or located in source protection zones need to ensure that any SuDS designed are done so with consideration to policy EN8a and EN9.

4.49The design of SuDS should be considered early in the planning application process to enable the greatest benefits to be sought. Developers should enter into early discussions with the Environment Agency and the Lead Local Flood Authority to support good design. This should also include consideration of amenity value, maintenance and long-term adoption responsibilities. Anglian Water has published Surface Water Risk Management Guidance that provides a comprehensive approach to how they assess different site typologies in terms of surface water connections.

Policy EN9: Pollution and Contaminated Land Comment

Proposals must 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 biodiversity 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.

Proposals for developments emitting air pollutants which would impact habitats sites and SSSIs should consider measures to avoid and minimise air pollution impacts within the design of the development, including during construction and once occupied. This could include considering the development location, layout, distribution of buildings, on-site activities, location of amenity spaces and infrastructure, sustainable travel infrastructure, vehicle access and levels of congestion on roads nearby to the protected sites.

Development proposals adjacent 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. Development proposals on contaminated land provides an opportunity to improve sites through remediation and preventing ongoing contamination.

Developers should consider materials management at an early stage. Excavated materials recovered on a development site via a treatment operation can be re-used on-site under the CL:AIRE Definition of Waste Development Industry Code of Practice (DoWCoP) subject to certain conditions being met.

For sites that include watercourses or waterbodies, construction activities must be managed to minimise pollution risks from runoff and other pathways.

Development proposals located adjacent to existing businesses or community facilities will need to demonstrate that the proposal provides suitable mitigation against any adverse effects produced from the existing uses (e.g. lighting, noise, odour) and does not impact on the continued operation of these uses, in line with the agent of change principle.

Justification

4.50Land 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.

4.51It is recognised that air pollutants can pose threats to human health as well as that of the environment. Increased traffic from new developments will be a key contributor to air pollution, and therefore in line with other policies development should seek to promote active travel opportunities and support for use of electric vehicles.

4.52The Strategic Road Network is a significant source of air and noise pollution. The Council’s Environmental Health team will be consulted on applications which significantly increase traffic on the strategic road network to identify if any mitigation and/or monitoring is required.

4.53National Policy states that planning policies and decisions should ensure that development does not contribute to and is not adversely affected by or put at unacceptable risk from soil, air, water or noise pollution or land instability. It also promotes that development, where possible, should support the improvement of local environmental conditions including air and water quality taking into account relevant information such as river basin management plans. The remediation of contaminated or derelict land is also encouraged and should also take place where appropriate. However, national policy outlines that planning policies should determine whether a proposed development is an acceptable use of the land in a given location, rather than controlling emissions from development.

4.54Developers should consider ways to minimise light pollution from developments by considering opportunities for using motion or daylight sensor lighting, provision of shielding to minimise light spillage and glare, light dimming and others. The Planning Practice Guidance on light pollution should be referred to when considering outdoor lighting design.

4.55Developers should review the Environment Agency’s Land Contamination Technical guidance, specifically the Land Contamination Risk Management guidance when considering approaches to assessing and managing the risks from contamination. Development proposals on brownfield land are encouraged as it can help remediate contaminated land as justified in national policy.

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