Pollution, air quality and contaminated land

NE21: Pollution, air quality and contaminated land Noise Pollution Significant noise-generating development will be required to minimise the impact of noise on the occupiers of proposed buildings, neighbouring properties and the surrounding environment. Applicants may be required to submit a noise impact study or to assess the effect of an existing noise source upon the proposed development, prior to the determination of a planning application. Developments likely to generate more significant levels of noise will be supported only where appropriate noise attenuation measures are incorporated which would reduce the impact on the surrounding land uses, existing or proposed and sensitive human and animal receptors, to acceptable levels in accordance with Government guidance. Where necessary, planning conditions will be imposed and / or a planning obligation sought to specify and secure acceptable noise limits, hours of operation and attenuation measures. Noise-sensitive development, such as residential, schools and hospitals, will not be supported if its users would be affected adversely by noise from existing uses (or programmed development) that generate significant unmitigated levels of noise. Air quality Any new developments that may have an adverse impact on air quality will be required to prove through a submitted air quality impact assessment that: a) The effect of the proposal would not exceed the National Air Quality Strategy Standards (or such other standards that supersedes or replaces them) or b) The surrounding area would not be materially affected by existing and continuous poor air quality. Potentially polluting developments will be required to assess their air quality impact with detailed air dispersion modelling and appropriate monitoring. Air quality impact assessments are also required for development proposals that would generate an increase in air pollution and are likely to have a significantly adverse impact on biodiversity. All development proposals which may cause significant impact on air quality directly or indirectly within Air Quality Management Areas will need to submit an air quality impact assessment to the planning authority. This needs to demonstrate how the proposal would impact on local air quality, whether the proposed use is appropriate, and how it would avoid, reduce and mitigate local pollutant emissions. Where appropriate, planning conditions and/or Section 106 agreements will be imposed (or required) to minimise harmful air quality impacts arising from development. Air Pollution and Protected Sites Proposals emitting air pollutants which impact Habitats Sites must rule out adverse effects on the integrity of such sites. Where this is not possible the derogations route of the Habitats Regulations should be followed. To avoid and minimise air pollution impacts any development requiring Habitats Regulations Assessment or Environmental Impact Assessment (EIA) should consider: a) the measures included which will minimise air pollution impacts on SSSIs and Habitats Sites and SSSIs during the design process of the development; and b) how air quality improvements have informed the design choices made about the location of the development, its layout, and distribution of buildings, on-site activities, amenity spaces and infrastructure. Contaminated land Development on or near land that is or may be affected by contamination will only be permitted where: a) an appropriate contaminated Land Assessment has been carried out as part of the application to identify any risks to human health, the natural environment, water quality or food production. b) where contamination is found which would pose an unacceptable risk to people’s health, the natural environment or water quality, the council will impose a condition, if appropriate, to ensure the applicant undertakes a desktop study, and if required, an intrusive site investigation, remedial measures and a validation report to ensure that the site is suitable for the proposed use and that the development can safely proceed. Remediation works will usually be carried out prior to first occupation or use of any part of the development. Required remediation methods will be secured through a planning condition. Pollution 7.245 The council will ensure that no development creates or triggers unacceptable levels of pollution and land instability that could impact on human health, property and the wider environment, including environmental designations. Consideration must be given to adopting environmental best practice measures in all cases. Noise Pollution 7.246 Similarly, the effects of noise on amenity can be limited by separating noise-sensitive development such as homes, schools and hospitals from major noise sources. In cases where separation is not possible, the impact of noisy development and vibration on ambient noise levels should be assessed, for example by an environmental assessment, using the best available techniques and relevant technology and design guidance. This assessment will be relative to the scale of development being considered. Inconvenience can also be caused to residents by late night opening, odours from cooking bars, restaurants and similar facilities. 7.247 It is important to stress that in addition to development proposals potentially having pollution impacts that require mitigation, applicants need to consider the impact of existing sources of pollution on proposed development (for example, proposals for residential development adjacent to railway lines, and associated noise and vibration impacts). As such, necessary supporting survey information will be required as appropriate. Air quality 7.248 Improved air quality through reducing air pollution in Buckinghamshire can bring considerable health benefits. The council's latest annual status report from 2025 has identified that road traffic is the main source of air pollution in Buckinghamshire with poor air quality increasing the risk of cardiovascular and respiratory disease and being a cause of premature death. The pollutants of greatest concern in Buckinghamshire are nitrogen dioxide and particulate matter. 7.249 Any air quality assessment shall be undertaken in accordance with the Institute of Air Quality Management (IAQM) and Environmental Protection UK (EPUK now called Environment Policy Implementation Community (EPIC)) Land-Use Planning and Development Control: Planning for Air Quality guidance (or as replaced) and the Institute of Air Quality Management (IAQM) 2024 Guidance on the assessment of dust from demolition and construction v2.2 (or as replaced). 7.250 Nitrogen oxides from both industrial and vehicle emission can have a significantly detrimental effect on wildlife habitat. Therefore, any large development needs to be carefully assessed through monitoring and air quality impact assessments prior to planning application determination. 7.251 For the purposes of this policy section ‘Air Pollution and Protected Sites’, habitats sites are: a) special protection areas (SPAs) and potential SPAs b) special areas of conservation (SACs) and possible SACs c) Wetlands of International Importance (Ramsar sites) d) sites providing compensatory measures for adverse effects on habitats sites. Contaminated land 7.252 The presence of contamination may affect or restrict the use of land, but equally development may address the issue for the benefit of the wider community and bring the land back into beneficial use. In determining whether land contamination is an issue when assessing a planning application, the council will consider a range of information sources including its database of past industrial and commercial land uses, information provided by developers and third parties, statutory guidance, historic maps, and the council’s contaminated land strategy. 7.253 The council expects a preliminary risk assessment, a site investigation and remediation strategy and verification plan to be required by a pre-commencement condition. In addition to remedial work being completed prior to occupation we will also require a validation report to be submitted prior to first occupation. Furthermore, the council requires the reporting of any unexpected contamination encountered during development. 7.254 In April 2000, Part IIA of the Environmental Protection Act (EPA) 1990 came into force, introducing a new regime for the regulation of contaminated land in England. The main purpose of Part IIA is to provide a system for the identification of land that is posing unacceptable risks to health or the environment, and for securing remediation where unacceptable risks cannot be controlled by other means. 7.255 Although most developments are rural in nature, there is development built on previously developed land, some of which may formerly have been employment land of an industrial or commercial nature and may therefore be affected by contamination and require further investigation. The term ‘contaminated land’ describes land polluted by, for example heavy metals and hydrocarbons, all of which may harm soils, fauna, flora, water resources and construction components. 7.256 Redeveloping such land provides an opportunity to remediate the site of any contamination, so that any risk to human health, the environment and the structure itself is removed. The assessment and remediation of contaminated land is complex, with each site being judged individually to make it fit for end use. When carrying out an assessment, interested parties should use guidance set out in the council’s Technical Guide for Planning Applicants and Developers. This document provides a guide for developers on how to deal with land contamination and what information should accompany a planning application for the development of affected sites. It should also be read in conjunction with the Environment Agency’s Land Contamination Risk Management (LCRM) and the National Planning Policy Framework (NPPF) (2024). 7.257 It is essential that a contaminated land assessment is carried out by a competent person and in accordance with the Environment Agency’s Land Contamination Risk Management (LCRM) and BS10175 (2011) and A2:2017 Code of Practice for the Investigation of Potentially Contaminated Sites. There are also other relevant guidance documents that should be referred to in relation to specific types of contamination for example ground gas risk assessments. Where there is evidence of contamination, remedial measures will need to be specified to ensure the development will not pose a risk to human health, and where appropriate, improve the wider environment. 7.258 Consideration should also be given to the protection of groundwater from areas of contamination, where source protection zones (SPZs) are present. Reference should be made to the Environment Agency’s Groundwater Protection: Principles and Practice (GP3) document (or such other standards that supersedes or replaces them).