Chichester Local Plan 2021 - 2039: Proposed Submission

Please see our comments on this policy.

The following amendments are recommended for Policy NE15.

- We recommend an amendment and addition to the sentence regarding the 8 metre and 16 metre set back:

“Elsewhere, new development should be set back at least 8 metres from the top of the bank of fluvial watercourses (including culverts), and 16 metres from tidal watercourses to allow for easy access for maintenance and repair. Ideally, a buffer greater than 8 metres from any fluvial watercourse (10 metres plus) without any significant equipment or buildings present in it should be provided to provide additional biodiversity benefits alongside flood risk management.”

To reflect the above, paragraph 4.96 should also be amended:

“The policy includes a setback requirement to ensure there is a suitable buffer access strip free from development between watercourses, culverts and sea defences. Such buffers allow for access for maintenance and repairs. Environment Agency consent is required for any works within 16 metres of sea defences and 8 metres of the top of the bank of classified main rivers or a culvert in line with the Environmental Permitting Regulations 2016. ”

- Point 4 requires amending as follows to be in line with the national Flood Risk Standing Advice:

“For vulnerable development, finished floor levels should be a minimum of whichever is higher of 300mm above the:
• average ground level of the site
• the adjacent road level to the building
• predicted significant fluvial/tidal flood level (Fluvial 1 in 100 year / Tidal 1 in 200 year plus latest climate change allowances) for the lifetime of the development.

- We recommend an additional requirement to be added to the list for development in flood risk areas as follows to reflect the Planning Practice Guidance for Flood risk and coastal change (as updated in August 2022):

"Development will only be allowed in flood risk affected areas where, in light of this assessment, and the sequential and exception tests as applicable, it is clear that:
…
f. Where applicable, any loss of flood storage from any source of flooding in the fluvial floodplain is being should be compensated for on a level-for-level basis, ideally on-site. Compensation should be hydraulically and hydrologically linked to the floodplain, but not within it. The loss of floodplain storage is less likely to be a concern in areas benefitting from appropriate flood risk management infrastructure or where the source of flood risk is solely tidal."

Paragraph 4.90 should also reference the South East River Basin Management Plan.

Paragraph 4.90 should also reference the South East River Basin Management Plan.

Addition at the end of the section entitled 'Water Quality and Wastewater' - “Development shall connect to public mains sewer as the first option, and if that is not possible, provide justification for this and why a different option is needed.”

We can support the policy requirement that new residential proposals must demonstrate that a maximum water consumption of 110 litres per person per day.

The District lies within a serious water stressed area (as classified in 2021). The Government’s Written Ministerial Statement dated 1 July 2021 (HCWS140) highlighted the need for water efficient homes and announced the publication during 2022 of a roadmap towards greater water efficiency in new developments, including exploration of revised building regulations. Water efficiency is important not only from a water resource perspective, but also because of the link with water quality and disposal of foul water. There are real benefits in keeping down the capital cost of new water supply and waste water infrastructure, maintaining ecosystems and protecting landscapes. Reducing the amount of water entering waste water treatment works is also a key way of helping to mitigate issues around the capacity of the works and the receiving environment. Water efficiency standards can also help deliver objectives set out in River Basin Management Plans.

We are pleased that our comments at the Regulation 18 consultation regarding wastewater have been incorporated into this policy. The section entitled ‘Water Quality and Wastewater’ could be slightly improved by adding wording to reflect that development should connect to public mains sewer as a first option to ensure that the situation of lots of small private treatment plants does not crop up. We suggest additional wording to the end of the section to say “Development shall connect to public mains sewer as the first option, and if that is not possible, provide justification for this and why a different option is needed.” Connection to mains is preferable as it is more likely that systems will be maintained and improved over time. This also accords with the Planning Practice Guidance for Water supply, wastewater and water quality.

The policy references the Apuldram Position Statement, which we reviewed in July 2022 and concluded that it was still applicable and should continue to restrict development connecting to the Apuldram (Chichester) Wastewater Treatment Works (WwTW) to manage impacts on the Chichester Harbour from the increased use of storm overflow as a result of groundwater infiltration issues. The Thornham Position Statement is also referenced, albeit the issue here is related to infrastructure capacity.

We will raise that Lavant WwTW also has similar groundwater infiltration issues to Apuldram WwTW and as such may not have capacity for further connections in the future. Groundwater infiltration issues are difficult to improve upon and this is a continuing challenge for Southern Water.

Whilst Tangmere WwTW has been upgraded, further upgrades may be necessary in the future to accommodate more development.

We are currently working with the Local Authority and Southern Water to produce a Statement of Common Ground for Wastewater to provide more detail around the wastewater issues in the district. We understand that the Local Authority keep informed about capacity and discuss such matters with appropriate partners.

We are supportive of the policy requiring a maximum water consumption standard of 85 litres per person per day for development within the Sussex North Water Resource Zone. Other Local Authorities within the Sussex North Water Resource Zone are proposing the same given the need for water neutrality to avoid impacts on the Arun Valley Sites. This is a specific need given the difficulties in this area.

For information that may assist further with this policy requirement, water resources are managed locally through the Catchment Abstraction Management Strategies (CAMS). These assess how much water is available in each catchment, how much is
allocated to people and how much is needed to sustain the environment. An Abstraction Licensing Strategy is derived for each catchment and is published here: https://www.gov.uk/government/collections/water-abstraction-licensing-strategies-cams-process

Greywater recycling is likely to be needed to achieve this target, and the District may wish to talk further with relevant water companies to understand if there is funding available to assist with the delivery of such schemes.

We are supportive of this policy specifying requirements for development proposals within the higher risk groundwater zones (Source Protection Zone 1 and 1c).

Please see our comments on this policy. We would recommend that a further sentence is added to this policy as follows to cover construction activities which can give rise to greater pollution risks:

“During construction activities, pollution prevention measures should be taken on site including appropriate storage of hazardous substances, suitable management of surface water to prevent pollutants reaching watercourses and equipment provided for containing spills if necessary.”

We would recommend that a further sentence is added to this policy as follows to cover construction activities which can give rise to greater pollution risks:

“During construction activities, pollution prevention measures should be taken on site including appropriate storage of hazardous substances, suitable management of surface water to prevent pollutants reaching watercourses and equipment provided for containing spills if necessary.”

Further guidance on the above can be found on the gov.uk website - https://www.gov.uk/guidance/pollution-prevention-for-businesses

We are pleased to see that this policy recognises that new development may be located near to existing uses that may be potentially polluting to housing. It is important that the onus should be on the developer/applicant to manage any impact to ensure that they don’t leave the existing user affected, e.g. by complaints.

We support this policy as drafted.

We note that a significant proportion of the housing numbers proposed through the Local Plan will be delivered by Neighbourhood Plans. We have highlighted key criteria for individual locations that we would wish to see considered by those Plans when allocating sites. Where possible we would wish to see these included within the Local Plan policy but as you will be aware we have produced a checklist for Neighbourhood Plan groups in your district which will guide the identification of sites and other key issues and opportunities to be addressed in the future.

We note that no sites are within any medium to high risk flood zones, which we are supportive of. Some sites may need to consider wastewater infrastructure availability, bearing in mind the hierarchy set out in paragraph 020 of the Planning Practice Guidance for Water supply, wastewater and water quality (i.e. “the first presumption is to provide a system of foul drainage discharging into a public sewer to be treated at a public sewage treatment works”).

We note that Policy H14 specifies that suitable services are needed for sites.