Royal Commission on Environmental Pollution

1. ROOM, the National Council for Housing and Planning is pleased to be invited to contribute to the study of Environmental Planning being undertaken by the Royal Commission. The National Council believes that the present environmental planning systems, including land use and pollution control, are far too narrow adequately to address the Government's four sustainable development priority areas.

2. The key question is how the systems should effectively take account of individual and community values and aspirations. At present, although there is involvement of institutions and commercial interests in strategic planning, it is difficult to engage local communities at this scale and there is a strong perception that the public is excluded at the stage when specific proposals are being considered by the planning or other regulatory regimes. It is important to note in this context that the statutory planning system can learn lessons from the processes employed to encourage public involvement in the preparation of Local Agenda 21 strategies. There is the need to highlight examples of good practice both in community involvement in strategic planning and in LA21 processes. The Study by the Royal Commission could play an important role in this respect.

3. The Government is unequivocal that sustainability is a central aim of the land use planning system at national, regional and local levels. The statutory plan-making process involves a very wide range of interests and local communities. Despite its flaws, the plan-led system including development control and with an independent appeal and inquiry process; is the most effective way to reconcile demands for development and to protect the environment but, given current challenges, perhaps the approach is too narrow.

4. The concept of sustainable development is not just about protecting the environment but also about achieving economic progress, employment and social inclusion. Increasingly, the environmental implications of the various scales of planning and development proposals have to be assessed, notably through environmental assessments and there can be conflicts with other goals.

5. From this analysis, a number of issues arise:
   1. Should the statutory land use process evolve to a more comprehensive "spatial development strategy", embracing wider social, economic and environmental issues? At the local scale, a 'community plan' approach may be more appropriate.

   2. How can the interests and planning processes of other key players be engaged, e.g. regional development agencies, the Environment Agency, business community, and other interest groups?

   3. Agreed methodologies are need for environmental and sustainability appraisal of plans and proposals. These need to include integrated indicators and targets.

   4. PPG23 'Planning and Pollution Control' needs to be thoroughly reviewed in terms of conflict and overlaps between the roles of pollution control and planning regulatory systems/ legislation and in the context of the Government's sustainability agenda. Conflicts with other regulatory systems need to be addressed, e.g. waste management and water pollution.

   5. The beneficial use of previously contaminated brownfield land is crucial to achieving sustainable development. The Urban Task Force approach must be built upon to include simplified and consolidated regulatory framework for the identification, assessment, treatment and aftercare of contaminated land. This needs to be linked to the strategy and funding programmes for dealing with derelict land reclamation and standardised risk management approaches are needed by regulators, landowners, developers and funders - perhaps a one-stop approach to the regulation licensing remediation of land is required.

6. The "polluter pays" and the "precautionary principle to operate within the carrying capacity of the local and wider environment" could be reviewed in the light of the growing volume of sustainability guidance. The principal of BPE0 (best practicable environmental option) is a widely quoted term, but not sufficiently understood or applied to proposals which could have significant/detrimental environmental impact.

7. The energy implications of planning proposals, particularly longer term planning proposals are usually given low priority as we do not have a clear national energy policy. This applies to community planning also and the role of interacting partners. Sustainable energy is central to all four of the Government's sustainability priorities in terms of social, environmental and economic policy. For this reason, ROOM welcomes the moves in the Chancellor of the Exchequer's pre-budget statement in respect of removing renewable energy from particular levy requirements.

8. The planning system has a key role in achieving more sustainable energy systems and in meeting manifesto commitments and international energy targets. People do not so much need energy, they need services to give them warmth, light, power etc. and the planning system can very much influence the delivery of this. Sustainable energy will not be achieved without a change in emphasis in long term planning processes. The planning system can influence the need for energy, its source and the efficiency by which it is used.

9. The planning system also has a key role in considering the need for development against its impact on other resources - notable water supply. There is the need for more explicit guidance of the remit of planning policy and control in this context.

10. Noise from transport, including that from traffic, aircraft and rail, has increased since statutory protection was set 30 years ago. Environmental traffic noise exposure has increased very significantly over this period, leaving occupiers of existing buildings inadequately protected from rising noise levels attributable to traffic management schemes, the surface treatments of roads and increased traffic flows beyond their control. Traffic and other transport noise disturbs a significant proportion of the population, and current statutory protection arrangements require reviewing in line with people's expectations of what constitutes an unacceptable level of noise intrusion.

11. In undergoing this process and in trying to devise regimes that are both practically achievable and will reduce noise, there is the need to bring all concerned bodies into the process, including the British Airports Authority and Railtrack, rather than continuing to rely predominantly on local authority controls over noise.

12. The role of the Environment Agency in supporting shorter and longer term planning processes need reviewing. Whilst the Agency has an advisory role to the local democratic system, this often overlaps and potentially conflicts with their own regulatory pollution regulatory processes. Should the Agency be required to consult wider and more effectively, and to issue "minded to notices" to supplement planning applications? How could the Agency's regulatory role better support local and national sustainable development processes. What is the right level of integration?

13. The new, proposed statutory duty to be placed on local government to promote the economic, social and economic needs of the community must encompass planning processes at the local, regional and national levels. The Commission could review the community planning linkages, within a Local Agenda 21 /environmental sustainability context.

14. Much has been written about sustainability indicators and appraisals over the last three years. We have an abundance of local, regional and national and international indicators, but how should these appraisals and indicators add value to the short and longer term planning processes. How can local and national environmental sustainability priorities be enhanced by environmental planning, and by what method can progress be measured? The Commission could explore what the relationship is between BPEO, the environmental and sustainability appraisal of plans and proposals and community planning.

15. ROOM, the National Council for Housing and Planning is keen to be involved in the Royal Commission's study and would welcome the opportunity to contribute further to it.

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