Royal Commission on Environmental Pollution

General

The Royal Commission's study is welcomed and comes at an opportune moment to revisit these core issues. There is certainly a need to assess whether the initiatives and guidance on the environment and sustainability over the last decade have started to tackle the objectives they set and whether the processes and systems that are in place are able to address these effectively.

On a general point, the term 'environmental planning' is perhaps more relevant to the current agenda and relates well to sustainability. Given the all encompassing nature of planning, 'town and country planning' as a phrase may now border on being outdated.

The aims of the study are ambitious and far reaching, especially on the question of the possibility of "root and branch" reform of the present planning system. Fundamental to this should be an assessment of whether the planning system has or should have the powers and measures available to it to deliver environmentally sustainable outcomes and the extent of co-ordination with other legislative regimes such as pollution control.

Environmental sustainability

a.   Policies on the whole are now giving higher priority to environmental issues as part of the wider sustainable development agenda. There is, however, very often a failure to protect critical natural resources which are still seen as assets that can be 'traded off' for other gains. Much of the problem lies in the interpretation of 'sustainable development' which is often manipulated to meet different agendas.

This could be remedied through more integrated decision making which can lead to 'win-win' situations. Current decision making tends to balance one benefit off against the other rather than trying to integrate common aims. A clearer understanding of the meaning of truly sustainable development is also necessary (the Brundtland definition provides one of the most effective ways of conveying this meaning)

b.   There are certain environmental imperatives which should take precedence in decision making. The environmental capital approach is a useful way of deciding which assets constitute 'critical capital' and which assets could be 'traded off' for other benefits.

d.   The planning system still very much presumes in favour of development. Government guidance in PPGs etc. is clear on the need to allow for development (for example telecoms guidance provides very strong pro development messages). A plan led system, whilst facilitating development, is probably the most effective way of embodying environmental sustainability into land use planning. This could be improved if the concept of environmental capital is incorporated into development plans. There is also the need to strengthen implementation through development control by making relevant issues (eg. energy ratings, density etc) material considerations and an integral part of the design process.

f.   Probably not due to problems of measurement particularly in relation to the cumulative impact of smaller scale developments. Traffic Impact Assessments and Environmental Impact Assessments only 'kick in' when developments reach a certain threshold although the cumulative impact of smaller developments may be more damaging.

h.   The long term implications of climate change are likely to have significant implications for planning. Planning has an important role to play in mitigating the causes of climate change. There is, however, very little central government support or guidance on issues such as energy efficiency in new developments. The planning system needs to play a central role, in partnership with other relevant bodies, in dealing with the long term implications of climate change on land use.

2.   Boundaries

a.   This can cause a problem. In Leicester for example, there are issues of co-ordinating Air Quality Standards with adjoining districts and the Transport Plan for Central Leicestershire. Partnerships between districts/counties and other relevant organisations are needed to deal with transboundary issues. Many issues, including those relating to river catchments may be best addressed at a regional level where a co-ordinated approach with relevant authorities can be taken.

c.   Yes. The role of planning in dealing with these issues is important and could in some instances be strengthened (eg water provision and energy).

3.  Integration and Co-ordination

a.   If environmental sustainability is to be achieved there needs to be greater co-ordination between planning and other legislative regimes. The City Council has recently identified potential conflicts between the planning aims such as the promotion of mixed use development in 'Potential Development Areas' to encourage regeneration and environmental health issues. The attached report highlights these issues.

b.   A clear hierarchy of integrated plans and targets is needed. Progress is being made in this area through the development of integrated regional plans and strategies in the East Midlands which will provide a framework for lower tier plans policies and targets.

4.   Assessment Approaches

f.   The appeal process should be separated from the Secretary of State. The current system effectively constitutes 'does the Secretary of state agree with the decision?' rather than whether the decision is fair or correct. Third party appeal is tricky. If it happens it must be very tightly constrained. It is probably better to concentrate on open, fair, decision making at the local level.

Residential development as part of a mixed-use approach within the Potential Development Areas being put forward in the Replacement City of Leicester Local Plan

1       Purpose of Report

To ask Directorate,

• to endorse a rewording of the policies proposed for Potential Development Areas which will retain the potential for housing in the identified PDAs but which will give greater emphasis to the importance of residential amenity in any mixed use scheme and the need to protect the current working practises of remaining businesses, and

• to consider the implications of downgrading residential uses within the Frog Island PDA from a "priority" use to an acceptable "other" use as requested by Pollution Control and to indicate which is preferable.

2.1.1.   As reported to Directorate on 31st May, Pollution Control have serious concerns about the viability of introducing residential uses into mixed use schemes within PDAs and in particular in the Abbey Street, Southgates, Abbey Park Road and Frog Island PDAs. Their concerns centre on the production of an unsatisfactory residential environment and the threat to existing businesses in a time of transition if residential uses are introduced.

2.1.2.   While Development Plans continue to uphold the potential for mixed use schemes within all the identified PDAs as set out in the previous report, consideration has been given to the wording of PDA policies SPA01 (PDAs) and SPA02 (Residential Development in PDAs). Pollution Control is satisfied that the new wording raises the consideration of residential amenity and the rights of existing businesses and will help to prevent the development of unsatisfactory mixed use schemes. The rewording is shown in italics and underlined on the attached extract.

2.1.3.   These policies , as with all other policies in the Local Plan, should not be read in isolation and many other chapters touch on issues of acceptable or conflicting uses in general and within identified areas of the City.

Frog Island

2.1.4.   While Pollution Control are satisfied that the new wording addresses potential problems within the remaining PDAs, the future of the Frog Island PDA is still an unresolved issue. The Frog Island PDA is part of a much wider predominantly industrial area bounded by St Margarets Way, Vaughan Way, St Augustines Road and the Riverside shown on the attached map. Within this wider area there are 2 proposed Riverside PDAs (Frog Island and St. Augustines Road) and 1 PDA bordering Vaughan Way reflecting two of the City's major regeneration initiatives, the riverside and the inner ring road.

2.1.5.   Pollution Control continue to see the Frog Island PDA as essentially an important central resource for B2 industries. They do not want to see the introduction of noise-sensitive land uses such as residential which would compromise this resource.

2.1.6.   This is in contrast to the draft Riverside Strategy and the Leicester Investment Strategy which have identified opportunities to introduce new land uses to improve and utilise the riverside location.

2.1.7.   The Local Plan therefore needs to give a clear message to developers as to whether or not the City Council wishes to encourage change in this PDA. It is possibly one of the most difficult areas in which to bring about mixed uses and this is only likely to be achieved within the Local Plan period through a positive approach from the Planning Authority.

2.1.8.   Designating residential as a "priority use" within the PDA would have the effect of reining in new B2 uses and making a residential mixed use scheme more likely. If residential uses are included as acceptable "other uses" then, under the wording of SPA02, this would only be allowed where existing conditions were acceptable or if a sufficiently comprehensive scheme was to come forward that reduced the potential for industrial/residential conflict.

The wider Frog Island area and the implications of the proposed Central Commercial Zone

2.1.9.   Pollution Controls' concerns highlight the need to look at the wider Frog Island area in a more comprehensive fashion. The non-PDA areas are proposed to remain as Primarily Employment Areas (PEAs) which will continue to give a degree of protection to industrial uses. Development Plans agree with Pollution Control that this is an important central area resource but suggest that industrial uses could be encouraged to concentrate within the remaining PEAs. This needs to be resolved within the planned Supplementary Planning Guidance for the wider Frog Island Strategic Regeneration Area which is in preparation.

2.1.10.   A large part of this wider Frog Island area falls within the proposed Central Commercial Zone (CCZ) as shown on the map. The CCZ has been identified to indicate the "area of search" for town centre uses (other than retailing) as required by PPG6 (i.e. areas within 500 metres walking distance of major public transport nodes). The CCZ is divided into smaller areas such as the Central Shopping Core, local shopping centres, Primarily Employment Areas, Primarily Office Areas, Primarily Residential Areas, Potential Development Areas, Community, Education and Leisure uses and Green Space. As such it represents an "area of search" for city-wide facilities but appropriate sites for any such facility will be guided by the policies covering the individual areas within the Zone.

2.1.11.   Although the Frog Island PDA itself has been excluded from the CCZ there is the potential for major office and leisure development in the wider area particularly in the Vaughan Way PDA. This could subsequently lead to pressure for such developments within the remaining industrial areas between Vaughan Way and Frog Island PDAs.

Conclusion

2.1.12.   The Local Plan is reflecting and supporting both the draft Riverside Strategy and the Leicester Investment Strategy. These require a positive approach to curtailing B2 uses in the Frog Island PDA in order to promote mixed uses which include residential.

2.1.13.   Directorate need to decide if they support this in the light of Pollution Controls' concerns about whether this is desirable or implementable. If they feel that these concerns carry sufficient weight it implies the need for a critical reassessment of these strategies in relation to the Frog Island riverside area.

2.1.14.   One way forward may be to downgrade residential uses within the PDA in the Replacement Local Plan to an acceptable "other use". This is likely to have the effect of perpetuating the existing industrial uses during the plan period although it would not rule out alternative schemes coming forward. It would also allow further consideration of the long term value of retaining and rationalising the current industrial mix in the PDA and the wider area.

3       Consultations

Pollution Control Group - SQ/ED
Development Control Group - MR/HLB
Urban Design - IT/NR

4       Officer to contact:Judith Szymanski, Development Plans Group.

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