13. Environmental Protection

In recent years, the issues of environmental pollution and human health have come increasingly to the fore, and Government guidance and planning policies are developing to address these issues. In setting a strong regeneration agenda for the area to meet the economic and social needs of
local people, the Council is also keen to ensure that the environmental quality of the area is maintained and enhanced, both for local residents and visitors, and to encourage inward investment.

The allocation of sites in this Local Plan for particular purposes should not be taken as an indication that they are free of the physical/hazard constraints addressed in this Chapter, or that they are not in the vicinity of gas transmission pipelines/other installations handling hazardous substances.

Information regarding sites known or suspected to have problems of ground instability is included on the basis of the best information available to the District Council. It is not necessarily exhaustive, and responsibility for determining the extent and effect of such constraints remains that of the
developer.

OBJECTIVES

1. TO MAINTAIN THE OVERALL ENVIRONMENTAL QUALITY OF THE DISTRICT;
2. TO ENSURE THAT DEVELOPMENT IS ONLY PERMITTED WHERE THE DISTRICT COUNCIL IS SATISFIED THAT ADVERSE PHYSICAL AND OTHER CONDITIONS LIKELY TO AFFECT HUMAN HEALTH AND SAFETY, OR THE ENVIRONMENT ARE NOT PRESENT OR CAN BE SATISFACTORILY OVERCOME;
3. TO SAFEGUARD NOISE-SENSITIVE DEVELOPMENT FROM THE EFFECT OF AIRCRAFT NOISE; AND
4. TO PREVENT DEVELOPMENT THAT WOULD BE AT RISK OF FLOODING OR THAT WOULD REPRESENT AN UNACCEPTABLE RISK TO GROUNDWATER SOURCES.

PPS23 states that the planning system and the pollution control systems are separate, but complementary, in their operation. The planning system should not therefore operate so as to duplicate controls that are the statutory responsibility of other bodies. The complementary role of the planning system is to:

1. determine the location of development which may give rise to pollution, either directly or from traffic generated, and in ensuring that other developments are, as far as possible, not affected by major existing, or potential sources of pollution; and
2. focus on whether a development is an acceptable use of the land and the impact of those uses.

Regional Planning Guidance recognises that the quality of the Region's environment is underpinned by the key elements of land, air and water.

The Kent and Medway Structure Plan also seeks to avoid or minimise the pollution impacts of new development requiring a pollution impact assessment for proposals likely to have adverse implications for pollution, and opposing development which would be sensitive to adverse levels of pollution where mitigation measures would not afford satisfactory protection (NR4 and NR5).

The detailed characteristics of activities with potential to pollute are controlled by wide-ranging powers under pollution-control legislation. However, the effect of potentially polluting development on use of land can be a material planning consideration in exercising planning controls. The District Council as local planning authority will require any application to contain sufficient information to enable the risk of pollution to be assessed. In considering applications for development with potential to pollute or for housing/other development sensitive to pollution from existing sources, the District Council will consult the relevant pollution control authorities, in particular the Environment Agency who have a specific responsibility in a number of areas. These include flooding (warning people about flooding and building flood defences), waste (regulating waste management through a system of licences), water quality (maintaining the quality of water and preventing/reducing the risk
of water pollution) and securing the proper use of water resources (monitoring and issuing ‘abstraction licences’ to regulate who can take water).

The following Policy does not apply to land-use planning matters relating to waste management, for which relevant policies and proposals are set out in the Waste Local Plan prepared by the County Council. With the exception of possible waste management proposals, the District Council is not aware of a need to identify sites to meet specific requirements for potentially polluting development within the Local Plan period. Accordingly, the following criteriabased Policy will apply in respect of any such proposals that may arise.

Sites that have been used for the deposit of refuse or waste may generate explosive or otherwise harmful gases. The District Council intends to ensure as far as practical that where development may be proposed at or near sites which have been so used, effective measures will be secured to prevent any hazard during construction and subsequent occupation of the development.

The Environment Agency, as waste regulation authority, holds a register of landfill sites, which identifies all known landfill sites. These are not featured on the Local Plan Proposals Map. The District Council is required to consult the Environment Agency as Waste Regulation Authority before granting consent for development within 250m of land which is or has within 30 years of the relevant
planning application, been used for the deposit of refuse or waste. (The local Environmental Health Department will also be consulted.)

If an application for a new development/redevelopment or major change of use on or adjacent to a site included on the landfill register (also known as the landfill atlas) is received, then the District Council will require such application to be accompanied by a full site-investigation report including gas monitoring.

Where the presence of gas is discovered or it is suspected that it may be present during site development, the District Council will require the applicant to arrange for an investigation to be carried out to determine its source and for satisfactory and effective remedial measures to prevent hazards from migrating gas (including accumulation into property or other confined spaces) during the course of development and during subsequent use of the site. Specialist design and construction advice will usually have to be sought by the developer in this regard.

Ground stability hazards and their effect on proposed development or a neighbouring area is an important issue that the District Council will take into account in determining planning applications.

It is in the developer's own interests to investigate whether proposed development land is stable. In addition to the obvious dangers of damage to buildings and structures and possible injury associated with unstable ground, ground movement increases the possibility of danger caused by migrating gas, the source of which need not be in the immediate vicinity of the site.

The marshes (including the general area of Minster Marshes, Monkton Marshes, Sarre Marshes and Wade Marshes) are an area known to the District Council where problems of ground instability are likely to be present.

Other sites which might comprise unstable ground include coastal strips, particularly where serious erosion is evident, land overlying the extensive Ramsgate caves and the Margate caves near Zion Place, and land overlying the disused railway tunnel (indicated on a Ordnance Survey Map) and extending between Ramsgate Main Sands and the railway line at Broadstairs near its junction with Salisbury Avenue.

Stability problems are also known to affect land (indicated on the Proposals Map) at Dane Valley Road, Margate. Sites identified as ‘landfills’ or ‘areas of unknown fill’ would also require particular consideration of the likelihood of instability. The landfill register is one source of reference. However, as the local authority contaminated land inspection process progresses additional information is likely to become available. Even with these sources of information, instability may affect other sites not known to the District Council.

In considering applications for development on land where known or suspected instability migh trender it unsuitable for development or could adversely affect it or neighbouring land, the District Council may require a specialist investigation and assessment arranged by the developer to determine stability and to identify any remedial measures required to deal with instability in order to determine the application.

Before requesting specialist information, the District Council will normally endeavour to provide some informal indication as to the relative importance of land stability in relation to other planning considerations to the likely outcome ofthe application.

Part IIA of the Environmental Protection Act 1990 requires local authorities to prepare a strategy to identify and deal with contaminated land in their area. This strategy is based on the “suitable for use” principle. The application of this principle is to ensure that contaminated sites are the subject
of the appropriate level of remediation to render them suitable for a particular end use. The Council is involved, with the Environment Agency, in a multiagency approach to ensure that all contaminated land is identified and remdiated where required.

The new contaminated land regime involves three elements:

1. Preparation of a strategy for the identification, prioritisation and investigation of potentially contaminated land, which satisfies the requirements of the DEFRA and the Environment Agency;
2. Review of the District’s land use, both historic and current, for contamination and the identification of sites which may be unsuitable for their current use; and
3. Designation of ‘unsuitable for use’ sites as contaminated land, and remediation of these designated sites to make them suitable for the current or proposed use.

A Contaminated Land Strategy has been produced by the Council’s Environmental Services department in line with government requirements. This provides guidance for the identification, inspection, assessment and remediation of land which may be designated as Contaminated Land. The strategy is aimed at developers, land and property owners, members of the general public and as a reference document for Council employees.

In Thanet, the protection of groundwater sources is a particular concern in relation to contaminated land, and this will be a key issue in assessing contamination hazards and risks.

Contamination is subject to controls under pollution control legislation. However, contamination or potential for it can be a material planning consideration where proposed use/development might pose unacceptable risks to health or the environment. The District Council wishes to encourage
recycling of "brownfield" sites, including, where practical, to bring derelict/contaminated sites back to beneficial use.

Where contamination is known or suspected, the developer will usually want to arrange for an investigation to assess site conditions, the nature of any hazards and to establish how the development might be designed to minimise risk. Sites which are believed to be landfills would also require specific consideration of the likelihood of contamination. The Landfill Register is only one source of reference, and contamination may affect other sites not known to the District Council. As the Contaminated Land Strategy is implemented it is expected that the Local Authority will gather additional information relating to land quality and historical use within the district. This information will be used in association with the landfill register as and when it becomes available.

In determining planning applications relating to sites likely to be affected by contamination, the District Council will take into account the suitability of the site for the particular purpose proposed, and whether proper account is taken of known or potential contamination. In assessing remediation and restoration proposals, the District Council will take into account the need to protect the value of natural habitats present within subject contamination sites.

In cases where contamination is known or strongly suspected to affect a proposed development site, an appropriate investigation will be required by the District Council prior to determination of the planning application. Such an investigation should identify any contamination and any remedial measures required to deal with the hazards, and should be provided by the applicant as part of the application.

In this context, an “appropriate investigation” would involve the preparation of an investigation strategy to be agreed with the District Planning Authority and the Environment Agency before any investigation work is carried out. This is to ensure that any investigation methods used will not in themselves result in contamination risks, either to human health, other land or any underlying groundwater resources. All investigation works must be carried out in compliance with the latest British Standards, and industry best practice.

The District Council will consult any department/body it considers appropriate to establish the significance of contamination and the suitability and adequacy of any safeguarding measures proposed. Where measures are necessary to safeguard against contamination hazards, planning permission may be granted subject to conditions that such measures will be carried out.

In the event that contamination is unexpectedly discovered during site development, developers and landowners are strongly advised to contact both the Council’s Environmental Protection Team, which has powers of intervention in relation to contaminated land generally, and the Environment Agency, which has powers of intervention in relation to groundwater protection. In these circumstances, the Environmental Protection Team will require a site assessment and any appropriate mitigation measures to ensure that the site is suitable for the proposed end use.

The siting of installations handling hazardous substances will be the subject of planning controls aimed at keeping these separate from housing and other land uses with which such installations might be incompatible in terms of safety. The area covered by this Local Plan already contains a number of installations handling hazardous substances, including high pressure, naturalgas transmission pipelines. Whilst these are subject to stringent controls under existing health and safety legislation, it is considered prudent to control the kinds of development permitted in the vicinity of these installations.

The District Council as local planning authority will seek the advice of the Health and Safety Executive about off-site risks to the public arising from any proposed development which would introduce one or more hazardous substances. 

In determining applications for development on land which is in the vicinity of one or more installations handling hazardous substances, the District Council as local planning authority will take account of advice from the Health and Safety Executive about risks to the proposed development from the installation/s.

Under the present system of control over hazardous development and over development within the vicinity of hazardous installations, the activities, substances and quantities to which the above applies are defined by the Planning (Hazardous Substances) Regulations 1992, and Department of the Environment Circular 04/00.

In general terms, Thanet enjoys good air quality. The Environment Act 1995 created new duties for local authorities in dealing with poor air quality. The National Air Quality Strategy, published in January 2000, identifies the planning system as one of the key means of improving local air quality. PPS23 (2004) provides guidance on Air Quality and Land Use Planning.

All local authorities are required to carry out three-yearly Updating and Screening Assessments. This involves a general review and assessment of the seven national priority pollutants in relation to the national air-quality objectives. If it is concluded, on the basis of local circumstances and professional judgement, that there is a risk that one or more of the air-quality objectives may not be reached, a Detailed Assessment is required.

The Updating and Screening Assessment requires the use of simple monitoring and modelling techniques to estimate the levels of the various air pollutants , which should provide a quantitative assessment of whether the air quality objectives may be met or not. Where the Updating and Screening Assessment identifies a risk of exceeding an Air-Quality Objective, a Detailed Assessment will be required. The Detailed Assessment involves monitoring, data collection and predictive modelling with an aim of estimating the magnitude and geographical extent of air quality potentially exceeding the objective. If the Detailed Assessment indicates that the air-quality objectives will not be fully met, local authorities are required, under the 1995 Act, to declare an Air Quality Management Areas (AQMAs) and prepare an Air Quality Action Plan.

In the case of Thanet, the last Updating and Screening Assessment completed in May 2003 indicated that there were unlikely to be any such instances of air quality exceeding the objectives. However, following the conclusions of an Annual Review of monitoring data in May 2004, a Detailed
Assessment of air quality at seven busy junctions confirmed that The Square, Birchington had failed objectives for nitrogen dioxide and fine particles. An AQMA will be declared and an Action Plan developed with an aim of achieving the air quality objectives within this area. The third round of review and assessment is due to begin in 2006 which will continue to reflect any changes in air quality resulting from variations in traffic flows, the development of Kent International Airport and the business parks and any technological advances that might result in lower levels of pollution. This may require a review of Local Plan policies relating to air quality at that time.

The current Government guidance PPS23 makes it clear that air quality is nevertheless a “material consideration” in dealing with development proposals and the following policy will be applied where there is a risk that a particular proposal might cause the national air quality objectives to be exceeded.

In August 2000, a Draft Framework Directive on the Assessment and Reduction of Environmental Noise was published by the European Commission. This involves a proposal for environmental noise mapping to assess background noise levels and the noise impacts of new development.

There would be a requirement for local authorities to carry out noise mapping and produce noise reduction action plans for large urban areas and major noise generators. This requirement comes into force during the Plan period. Once the detailed requirements are known, this may trigger the need for a partial review of the Local Plan.

In the meantime, the control of noise through the planning system is addressed by PPG24, which states that noise, including aircraft noise, can be a material consideration in planning decisions. It advises local authorities to take into account the need to ensure that noisy and noise-sensitive developments are located away from each other to reduce the impact of noise.

It should be noted that aircraft noise is dealt with separately under Policies EP7 and EP8.

As mentioned in the Economic Development Chapter, the Council supports the development of Kent International Airport as a regional airport.

Policy EP7 seeks to limit the effect of aircraft noise on sensitive development such as housing, schools and hospitals, by restricting locations where such development may be sited. PPG24 introduces the concept of Noise Exposure Categories (NECs) in respect of residential development and encourages their use in control of noise-sensitive development. The four NECs range from circumstances where noise need not be a determining factor, to those where noise levels are such that permission should normally be refused.

In 1995, the District Council commissioned production of aircraft noise contours by Arup showing predicted noise levels and based on a study of Kent International Airport Traffic Forecasts by Alan Stratford Associates. The forecasts considered a range of high, medium and low traffic scenarios, including the possibility of increased aviation associated with the prospective major economic regeneration role of Central Thanet, and possible runway extension.

PPG24 indicates that in exercising planning control, regard should be paid not only to existing noise exposure but also any increase that may reasonably be expected in the foreseeable future. Noise predictions were prepared for the years 1996, 2000 and 2010.

At present, there is uncertainty regarding future aircraft noise levels at Kent International Airport. The Council is therefore adopting a precautionary approach in relation to aircraft noise, and for the purposes of Policy EP7, will continue to apply the 1996 (dBLAeq 16 hour) contour predictions, which formed the basis for the Policy in the adopted Local Plan, assuming the presence of military jets. However, the District Council will keep under review the need to consider adoption of alternative contour scenarios as circumstances develop, with quieter commercial aircraft entering service and civilian air activity increasing. Accordingly, because the contours may be subject to change within
the Plan period, they are not featured on the Proposals Map, but reproduced separately as an Appendix.

As mentioned in the Economic Development Chapter, an agreement is being discussed with the airport operators regarding future airport operations and related environmental impacts. In particular, this addresses the issue of aircraft noise, and noise abatement measures, and seeks a contraction in the aircraft noise contours from 2002.

PPG24 recommends particular noise ranges for each NEC, but indicates that local planning authorities may justify a range of NECs of up to 3dB(A) (decibel incorporating frequency weighting) above or below those recommended. Because the air noise contours are based on a scenario assuming low growth, no runway extension and no night flights, the District Council has adopted a precautionary approach to safeguarding sensitive development from the effects of aircraft noise.

Therefore, while the NECs in Policy EP7 are essentially calibrated as recommended in PPG24, the upper limit of category "B" has been reduced to 63dB(A). This contour lies almost wholly outside the built-up parts of the Thanet towns and villages. Restriction on residential development within this
contour would not affect the ability to meet housing land provisions within the Local Plan period.

Noise-sensitive non-residential development such as schools and hospitals may occupy large sites and include elements of varying sensitivity. The NEC principle cannot therefore be sensibly applied, and it is appropriate in such circumstances to refer to specific guidance on internal noise standards. In respect of aircraft noise, PPG24 advises that 60dB(A) should be regarded as a desirable upper limit for major new noise sensitive development.

For the purposes of Policy EP7, noise sensitive development/redevelopment includes, schools, hospitals, and any other use the function or enjoyment of which could, in the District Council's opinion, be materially and adversely affected by noise.

The provisions of Policy EP8 will not apply to permissions relating to small extensions to existing houses provided:

1. Permission for the construction of the house itself was not granted subject to the provisions of this Policy; or
2. The extension is not intended to form a separate unit of living accommodation.

In such instances the sound insulation standards referred to in this Policy are brought to the attention of all applicants, but it is left to them whether they implement the standards within the new extension or not.

A guidance note which sets out brief specifications of works required to meet specific levels of sound attenuation (adapted from Building Research Establishment Digest 338) is available from the District Council. Alternative schemes can be considered where problems are likely to be encountered, eg, rooflights.

General information in respect of internal noise standards can be found in BS 8233:1987 (Sound insulation and noise reduction for buildings). Information for guidance about health and hospital buildings is available from NHS Estates; an executive agency of the Department of Health. The Department for Education publishes guidance for schools (Dept. of Education Design Note 17: Guidelines for Environmental Design in Educational Buildings).

In the past, Public Safety Zones (PSZs) around airports have been limited to the twenty largest airports in Great Britain. However, the PSZ policy is currently under review and zones are now identified on the basis of individual risk contours at a level of 1 in 100 000 of an incident occurring. The purpose of the zones is to prevent development that would result in a significant number of people being located within an identified risk contour.

The DfT Circular 1/2002 on Public Safety Zones sets out a general presumption against development in the Zones, and in particular, dwelling houses, mobile homes, caravan sites or other residential uses, or any nonresidential development, except for certain low-density uses. This would preclude new schools, retail development, community facilities and other uses, but might allow, for example, low-density warehousing uses, surface car parking or public open space (without play facilities).

Kent International Airport is likely to be subject of an assessment regarding a PSZ in 2006 at the earliest. The requirement for a PSZ will be determined by this assessment. Should a PSZ be identified by the DfT, the extent will be shown on the Proposals Map and an appropriate policy relating to that area will be applied. 

PPG23 refers to light as a potential source of pollution, and advises that local planning authorities should assess its impact on general amenity and the natural environment. The Council also recognises the need for lighting to provide security and public safety, and the potential civic amenity value.

However, poorly designed or installed lighting can be obtrusive by introducing a suburban character into rural areas, and also wastes electricity. Different forms of light pollution are described below:

• Light Spillage - artificial illumination that results in the spillage of light that is likely to cause irritation, annoyance or distress to others
• Light Trespass - the spilling of light beyond the boundary of the property on which the light source is located
• Light Glare - the uncomfortable brightness of a light source when viewed against a dark background
• Sky Glow - the brightening of the night sky above our towns and cities.

The rural landscape in Thanet is gently undulating, generally very open, and largely devoid of trees and other significant vegetation. Poor outdoor lighting could therefore have a substantial adverse effect on the character of the area well beyond the site on which it is located.

In 1994, the Institution of Lighting Engineers (ILE) produced the Guidance Notes for the Reduction of Light Pollution. This identifies 4 different “environmental zones” in which different standards of light reduction should be applied:

• E1 – National Parks, AONBs and other “dark landscapes”;
• E2 – Areas of “low district brightness” – rural locations outside those identified above;
• E3 – Areas of “medium district brightness” – urban locations; and
• E4 – Areas of “high district brightness” – urban centres with high nighttime activity.

It is for the Local Planning Authority to identify the relevant areas of the District to which the different standards would apply, and these zones are identified on the Proposals Map by way of reference to other policy areas. Thus in this Plan:

1. Zone E1 comprises the Pegwell Bay Special Landscape Area and the former Wantsum Channel (as identified in Policy CC2);
2. Zone E2 comprises the rest of the rural areas outside built confines (as identified by Policy CC1); except Kent International Airport (as identified by Policy EC2);
3. Zone E3 comprises the urban areas and rural settlements within built confines (as identified by Policy CC1), and Kent International Airport (as identified by Policy EC2); and
4. Zone E4 comprises the amusement area at Margate Seafront (as identified by Policy T7).

Within these areas, the ILE advises the following standards:

*From public road lighting installations ONLY.
(A curfew is a period in which more restrictive controls are applied to obtrusive light. For example, requesting that non-essential lighting, such as decorative flood lighting, should be switched off between 23:00 and dawn).

New Government guidance in PPS25, December 2005, states that the objectives of sustainable development require action on development and flood risk to be based on the precautionary principle. It goes on to say that a sustainable approach to flooding may therefore involve the avoidance of development in areas at risk. Alternatively, where development needs to be located in particular areas, it should be appropriate to its location in the flood plain and have an appropriate level of protection to ensure that it is safe. A riskbased approach and a sequential test will be applied prior to a decision relating the type of development that can be accepted to the degree of flood risk.

The Environment Agency’s “Policy & Practice for the Protection of Floodplains” (March 1997) also states that development should be guided away from areas at risk from flooding. The Agency recognises that, in some cases, development may sometimes have to be located in flood risk areas because of the nature of the use or the lack of alternative sites. In these circumstances, development should take account of all aspects of flood protection and prevention.

However, in Thanet, the main areas at risk of flooding are located in the former Wantsum Channel, away from the main population and service centres of the District. Consequently, the Council considers that the application of the precautionary principle leads to a highly restrictive approach to development in this flood risk area.

The flood risk area in Margate includes the Old Town area, which lies at the centre of the urban area and is an area identified for physical and economic regeneration. It also includes parts of Dane Valley along King Street, and the Dreamland Amusement Park and Tivoli Road areas. In these areas, the Council considers that commercial and residential development is acceptable, subject to full and proper safeguards in relation to flood risk. Residential development should be of three-storey construction with car parking and utility rooms at ground floor, living accommodation above and sleeping accommodation on the third floor. If this is not feasible for other planning reasons then residential accommodation should be of at least two-storey construction and should not result in the provision of sleeping accommodation at either basement or ground floor level. It must include an appropriate means of escape to upper floor levels.

These policies will obviously need to be regularly reviewed, as the evidence on the effects of global warming on future sea levels is refined and better established. The flood risk areas shown on the proposals map were produced with the best available data at the time of printing. However, these
are subject to change and the most up to date maps can be found on the Environment Agency’s website at http://www.environment-agency.gov.uk.

The District Council will consult the Environment Agency in respect of new development proposals, and developers and applicants are therefore strongly advised to contact the Environment Agency prior to submitting a planning application if flood risk is likely to be an issue. Emerging government
guidance requires those proposing development to provide an assessment including issues such as whether any proposed development is likely to be affected by flooding from any source; whether it will increase flood risk elsewhere; and the measures proposed to deal these effects and risks.

New development can increase the quantity and rate of flow of surface water run-off. In some parts of the District, surface water run-off is a potential problem, either in terms of flooding or other adverse effects on the water environment, such as the Stour Valley drainage system.

In cases where surface water run-off is considered to be an issue, appropriate attenuation measures will be required, such as sensitively designed balancing pools or other water flow control mechanisms to be jointly agreed with Thanet District Council, the Environment Agency and the statutory sewerage undertaker. The council will expect any measures for surface water control to be maintained in order to retain their long-term effectiveness.

The use of Sustainable Drainage Systems (SUDS) provides a significant contribution towards more sustainable development by managing environmental impacts at source rather than downstream or before it enters a watercourse. Encouragement will be given for the implementation of Sustainable Drainage Systems wherever practicable. SUDS can be applied to a range of schemes from small developments to major residential, leisure, commercial or industrial operations with large areas of hardstanding and roof. Incorporating SUDS needs to be considered early in the site evaluation and
planning process, as well as at the detail design stage. There is a variety of techniques that can be used: green roofs and rainwater reuse or permeable pavements control rainwater at source; infiltration trenches filled with stone create underground reservoirs; swales lead surface water overland from the drained surface to a storage or discharge system; basins hold back storm water for a few hours allowing the settlement of solids and ponds; and wetlands can be designed to accommodate considerable variations in water levels during storms, thereby enhancing flood storage capacity.

The Environment Agency has published its Regional Water Resources Strategy for the South-East developed with the water companies and the Government’s industry regulator, OFWAT. The strategy looks 10 to 25 years ahead and covers all aspects of water resources management, including public water supply.

The District Council also supports proposed new measures designed to ensure the security of a long-term reliable water supply to East Kent. The Council would support the provision of a new reservoir at Broad Oak Water near Canterbury in the future, if this were required in the long term.

However, In the short and medium term, the District Council acknowledges that the provision of water supply will be met through measures which include demand management, leakage reduction and inter-company transfers where possible.

Damage to water resources may occur due to the physical disturbance of aquifers and groundwater flows by quarrying, new mineral workings, infill of old mineral workings, road construction, etc; or through contamination by waste disposal on land, industrial processes, disturbance of existing contaminated land, etc. It is therefore essential that adequate measures are undertaken to protect surface and groundwater resources.

There is also concern that, with declining underground water source reserves, this supply is more susceptible to pollution, whether from agricultural chemicals, industrial waste, or other contaminants. It is therefore all the more important that preventable water source pollution through necessary
development does not occur.

These groundwater sources require protection from potentially polluting development, and Policy EP13 will therefore apply in these areas. In applying this Policy, the Council will consult the Environment Agency, and developers and applicants are strongly advised to contact the Environment Agency prior to submitting a planning application if groundwater protection is likely to be an issue.

The Environment Agency has developed a "Policy and Practice for the Protection of Groundwater". This seeks to ensure that new development does not present an unacceptable risk to groundwater resources or lead to a deterioration in the quality or potential yield of groundwater, and recommends appropriate protection measures for different classes of potentially polluting development.

The District Council will therefore expect new development to meet the requirements of the Environment Agency so as to ensure that such development will not lead to a material deterioration in the quality of surface or ground water. 

The Environment Agency's Guidance Notes on "Protecting the Water Environment through Development Plans" (originally produced by the NRA) is available from the Environment Agency Southern Region Office in Worthing, West Sussex.

Government Policy (PPS22) stimulates the exploitation of renewable energy technology in order to help reduce emissions harmful to the environment and to conserve finite energy resource. The Council will adhere to the key principles set out in PPS22 which include considering the wider environmental and economic benefits of proposals for renewable energy projects and encouraging small scale projects. The Government has set a target to generate 10% of UK electricity from renewable energy resources by 2010. The emerging regional spatial strategy (the South-East Plan) aims to generate 5% of electricity from renewable energy by 2010. The characteristics of Thanet may offer locations where the technology is viable and the environmental, economic and social impact of renewable energy can be addressed satisfactorily.

The District Council generally supports the harnessing of renewable energy sources and efficient energy production technology. The Council also recognises the potential for energy saving measures in the location and design of new  development. However, the benefits of efficient and renewable energy production need to be balanced against their environmental impacts. In many instances, environmentally sensitive sites may also be the most efficient location for renewable energy technology.

The level of impact will vary according to location (for example, much of the Thanet coast is a designated SPA/Ramsar site, candidate Special Area of Conservation and Site Of Special Scientific Interest, in which extremely sensitive control is required). Level of impact will also vary according to the scale and nature of development. (Proposals may range from individual household applications for small solar heating panels, new development designed/orientated so as to exploit passive solar energy, to large-scale projects capable of contributing to energy requirements of the wider community through established networks).

*(The County Council is the responsible planning authority for deciding "County matter" waste applications [ie proposals for waste management, including deposit of refuse or waste materials or erection of buildings, plant or machinery designed to be used for treating, storing, processing or disposal of refuse or waste]. Specific policies relating to recycling of waste and energy production from waste are to be found in the Kent Waste Local Plan.)

Richborough Power Station, which is situated at the boundary with Dover District, is a substantial complex of buildings in a sensitive landscape area (see Policy CC2) and adjacent to a Site of Special Scientific Interest (SSSI). Nearby is Pegwell Bay, a Special Protection Area (SPA), Ramsar Site and two candidate Special Areas of Conservation (SAC). The site also lies adjacent to
the River Stour, and proposals will also need to be weighed against policies for protection of the river corridor, water quality protection and flood risk area. Consent from the Environment Agency would be required for works within 15 metres of the top of the river bank.

The Power Station is allocated in the Kent Waste Local Plan as a location suitable in principle for:

1. Preparation of category A (inert) wastes (eg builder's waste) for re-use (Policy W7vc);
2. Separation and transfer of category B & C (degradable and putrescible wastes) as a step towards reduction in their use, re-use and recycling (Policy W9); and
3. Waste to energy plant (Policy W11).

The District Council supports such allocation in principle, provided that such development would not have an unacceptable impact (including on landscape, wildlife, water resources, flooding, archaeology and traffic generation). A full assessment of the ecological, hydrological, archaeological and landscape impacts on the environment will be required. The Richborough site is located in close proximity to national and international sites of nature conservation interest, necessitating the identification of all potential mechanisms of impact on sensitive receptors. Appropriate safeguarding policies are included in the Waste Local Plan and these were formulated in consultation with the District Council. Policy EP14 indicates that the District Council generally supports proposals associated with renewable/efficient energy production. The Policy is considered to provide sufficient guidance in relation to this particular site that may be particularly conducive to such proposals.

It is recognised that certain proposals may arise which do not fall within the scope of Policy EP14, nor fall to be determined by the County Council as Waste Local Planning Authority. It is considered that existing Policies contained within this Plan provide adequate guidance in respect of other proposals that might arise during the Plan period.