Using Section 106 agreements to improve air quality. The case study below shows how by using section 106 agreements Fylde Council will be able to deliver on a number of Environmental Protection policies. Below is a case study relating to Greenwich Council. This study may be of use to Councillors, keeping in mind local concern over Blackpool Airport expansion plans and its' recent sale. Councillors at Fylde are presently being tasked with modernising our own policies in these areas, this process will shortly involve a number of public consultations relating to planning policy development.
Planning Policy
London Borough of Greenwich Council has experience of using planning agreements – under Section 106 of the Town and Country Planning Act 1990. They have secured several developments where the community has benefited. It includes the provision of affordable housing and use of local labour.
The use of Section 106 agreements in relation to air quality is clearly stated in Planning Policy Guidance 23; Annex 1: Pollution Control, Air and Water Quality Planning Obligation:
“Where it is not appropriate to use planning conditions to address the impact of a proposed development, it may be appropriate to enter into a planning obligation under Section 106 of the Town and Country Planning Act 1990.
Uses of Section 106 Agreements:
Improve air quality.
Make other environmental improvements before a development goes ahead or offset the subsequent environmental impact of a proposed development. In particular – the purchase, installation, operation and maintenance of air quality monitoring equipment or provision of other assistance or support to enable authorities to implement any necessary monitoring or other actions in pursuit of an Air Quality Action Plan” (PPG23, Annex 1)."
This guidance has been actively implemented by Greenwich since the first Low Emission Zone (LEZ) controls on the Greenwich Peninsular development. It also forms part of Section 106 legal agreements, signed on 23 February 2004.
Achieving air quality improvements through planning obligations is a big challenge. Through LEZ measures and planning guidance documents, Greenwich is standardising the process.
Greenwich Council’s Supplementary Planning Guidance
The council’s unitary development plan (UDP) contains specific polices aimed at improving air quality. These are:
Policy E6 seeks to minimise the impact of air pollutants and requires appropriate mitigating design solutions.
Policy E7 seeks the provision to mitigate against traffic and vehicle emissions.
To seek contributions for these policies in the UDP, a Planning Obligations Supplementary Planning Document (SPD) was adopted on 27 February 2008.
Annex 1 in the SPD sets out guidance for deriving planning contributions towards environmental health. A standard contribution will be sought of £100 per dwelling for residential development, and £10 per square metre for town centre and residential developments.
Supplementary Guidance Document (SPD) Model S.106
A model conforming to S.106 is currently being developed by air quality and planning officers. The aim is to standardise developer requirements to mitigate the effects of air pollution from their proposed development.
This model will state the particulars of the Low Emission Transport Scheme together with Low Emission Transport Controls.
The Low Emission Transport Scheme should aim to prohibit the most polluting vehicles within the development scheme while promoting the use of the cleanest vehicles. This will include provisions relating to:
The construction phase: that is, all heavy goods vehicles (HGVs) and light goods vehicles (LGVs) – 3.5 tonnes and over – shall have emission standards equivalent to Euro 4.
The operational phase: that is, introducing a minimum standard of Euro 5 for 100 per cent of commercial vehicles by 1 January 2013 at the latest, with further target quotas for Euro 6 emission standard or clean vehicles.
Residential managed parking to ensure all vehicles are Euro 4 standard at the start of use. At least 50 per cent of vehicles to be Euro 5 by 1 January 2011 and 100 per cent Euro 5 standard to be achieved by 1 January 2013.
In addition to any monitoring required as part of the agreed code of construction practice, the developer shall agree with the local authority to contribute to the purchase, installation, operation and maintenance of monitoring air quality equipment. Or they need to provide other assistance or support to enable authorities to implement any necessary monitoring or actions in pursuit of the council’s Air Quality Action Plan.
Woolwich Town Centre Development
The case study below demonstrates what can be achieved through financial contributions with the implementation of low emission measures.
In 2006, the council received a major application to develop the Woolwich Town Centre. The plans for this mixed use scheme included 960 residential units, community and or office blocks, retail store, retail, food and drink units, 1,172 car parking spaces and cycle parking.
Successful negotiations between planners, air quality officers, the legal department and developers of the scheme ensured that the Section 106 agreement secured improvements in air quality within the designated Air Quality Management Area.
These low emission measures included:
provision of a car club
controls on parking permits
500 residential spaces with an annual charge of nil to £300 depending on Vehicle Excise Duty rating of the car
10 electric vehicle charging points within the residential car park
50 per cent of delivery vehicles and 50 per cent home delivery vehicles to meet Euro 5 rating by store opening and to be using bio-fuel. One hundred per cent within 5 years
£160,000 per annum for 10 years towards the council’s environment monitoring
10 per cent renewable energy commitment
Building Research Establishment Environmental Assessment Method (BREEAM) 'excellent' rating
a combined heat and power plant
an auditing process on the implementation of these measures at five and 10 years after store opening.
The proposed completion date for Woolwich Town Centre development is 2010. During this time, other air quality mitigation measures, including a detailed construction method statement will be required.
What did we learn?
The main challenge that Greenwich faced in achieving air quality improvements through planning obligations was encouraging all key parners (environmental health, strategic planning, legal services and developers) to become involved and stay involved. One tip would be to start negiotiations and preparation as early as possible.
It is important that the developer knows what is required by the council to mitigate the effects of air pollution. The LEZ measures and the proposed Supplementary Guidance Document Model S.106 will help to standardise this process.
