PO1 Potentially Polluting Development Policy
Potentially polluting development or land-use will only be permitted when the Local Planning Authority is satisfied that:
(i) the proposed development would not cause harm or nuisance to neighbouring uses, the natural environment or general amenity, as a result of discharges to air, land or water, or from noise, smells, dust, soot, ash, grit or vibration;
(ii) any measures required to comply with pollution control legislation will not lead to an unacceptable loss of amenity by virtue of noise or visual intrusion; and
(iii) the real or perceived risk of a pollution incident occurring and the extent of it's potential consequences, would not have unacceptable land-use implications beyond the boundary of the site, including prejudicing the realisation of land-use and other environmental planning objectives set out elsewhere in the Plan.
Reasoned justification :
21.3 The potential to pollute continues to be an important consideration when determining planning applications and UDPs are specifically required to include policies designed to control pollution. Particular control needs to be exercised over pollution which may be irreversible, very difficult to undo or which may have significant implications across a wide area.
21.4 While other legislation exists to minimise pollution at source, the planning system has an important role in determining the location of potentially polluting development and in ensuring that the site chosen is suitable for the use proposed. As in all types of development, impact on amenity will be an important consideration, including the effect of any measures required to comply with statutory pollution control requirements, such as additional plant or the need to build a chimney stack to a certain height.
21.5 It is also important to ensure that where planning and pollution controls overlap, the wider planning objectives for the area, including the protection of the environment are not compromised. For example, although pollution from a proposed activity may be successfully mitigated through statutory powers, the nature of the activity itself or the real or perceived risk of a failure of the pollution control measures may conflict with neighbouring uses or seriously prejudice the realisation of planning objectives for nearby sites identified elsewhere within the UDP. In addition to a pollution incident at the site itself, the Local Planning Authority will also have regard to the potential impact resulting from incidents such as a toxic spillage on access roads to a site