National Planning Policy Framework, Chapter 17: Pollution, public protection and security (P1–6)
This is Chapter 17 of the National Planning Policy Framework.
Applies to England
The objective of the policies in this chapter of the National Planning Policy Framework is to ensure that new development is appropriate for its location, taking into account risks posed by pollution and other hazards; that any impacts which development might have are taken into account; and that sufficient provision is made for development required for public safety and security.
Plan-making policies
P1: Planning for clean and safe places
1. To support efforts to avoid and mitigate risks from natural and man-made hazards, minimise levels of pollution and create clean, liveable and safe places for people to live, work and visit, development plans should:
a. Allocate land for development where, taking into account the potential for mitigation:
i. Opportunities can be taken to improve local environmental conditions, such as by remediating despoiled, degraded, derelict, contaminated and unstable land;
ii. Ground conditions will not inhibit or pose a risk to the nature of the development proposed (such as due to land instability), and occupiers and users will not be put at risk from, or be adversely affected by, unacceptable levels of pollution;
iii. Development proposals will not cause unacceptable levels of pollution, either alone or in combination with other pollution sources, taking into account communities which may be particularly vulnerable to its effects, such as children and older people, as well as habitats and species which may be vulnerable to pollution; and
iv. The intended uses will not place unreasonable restrictions on the operation of existing businesses, community facilities, public services, defence and security activities.
b. Consider any wider opportunities to reduce air, water, soil, noise or other forms of pollution, and contribute to compliance with national and local environmental targets and objectives, through the spatial strategy and policies for specific parts of the plan area (such as by identifying opportunities for strategic nature-based solutions);
c. Identify whether restrictions on certain types or forms of development are necessary as a consequence of consultation zones around hazardous substances sites, safeguarding areas around aerodromes, technical sites or military explosives storage areas[footnote 50], and consultation zones around nuclear sites[footnote 51] (and reflect the implications of these areas in any allocations of land within the plan);
d. Identify other locations where natural or man-made hazards may influence the way in which land is allocated or developed. This includes (but is not limited to) town centres and other locations where large numbers of people are expected to congregate[footnote 52], and Coastal Change Management Areas (policy F3); and
e. Assess whether land needs to be allocated for development which is required to maintain public safety and security, including for the purposes of flood management in accordance with policy F2(1)(b) and national defence.
National decision-making policies
P2: Ground conditions
1. Sites proposed for development should be suitable for their proposed use taking into account:
a. Ground conditions, including any risks arising from land instability or contamination (whether due to natural hazards or current and former activities such as mining or fuel storage); and
b. The extent to which any such risks can be mitigated, and the potential impacts on the natural environment arising from remediation.
2. Where land is remediated it should, as a minimum, not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.
3. Adequate site assessment information, prepared by a competent person, should be available to inform these considerations.
4. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner.
P3: Living conditions and pollution
1. Development proposals should be appropriate for their location, taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, whether these effects are on or off-site; and whether this is as a result of the development itself or the product of preexisting conditions in its vicinity. In assessing the potential effects of pollution, consideration should be given to the potential sensitivity of the site, and its intended occupiers and users, as well as that of the environment and population in the surrounding area (including where certain groups could be particularly vulnerable to its effects, such as children and older people).
2. Within this context development proposals should:
a. Provide healthy living conditions for occupiers and users in terms of adequate access to light and avoiding exposure to levels of air, noise, artificial light or other sources of pollution which could have an unacceptable adverse effect on health and the quality of life. Where necessary suitable mitigation measures should be incorporated to secure acceptable living conditions;
b. Not give rise to, or contribute to, an unacceptable level of access to daylight and sunlight for neighbouring residents and occupiers, or unacceptable levels of air, noise, artificial light, water, soil or other forms of pollution on or beyond the site. Adverse impacts of this nature should be avoided where possible, or else mitigated to an acceptable degree. Where possible, opportunities should be taken to reduce pollution affecting the wider area (such as through traffic and travel management or improved external lighting);
c. Sustain and contribute to compliance with relevant limit values or national objectives and targets for air pollutants including PM2.5. Development proposals should take account of Air Quality Management Areas and be consistent with the objectives of relevant Air Quality Action Plans, Clean Air Plans and Local Air Quality Strategies;
d. Mitigate and reduce to a minimum potential adverse impacts resulting from noise, not result in levels of noise exposure which would have a significant observed adverse effect, and maintain the character of tranquil areas (those areas that have remained relatively undisturbed by noise from human sources and are prized for their recreational and amenity value for this reason);
e. Limit any adverse impact from artificial light on local amenity, intrinsically dark landscapes (those areas entirely, or largely, uninterrupted by artificial light) and nature; and
f. Assess and mitigate impacts where the development could have an unacceptable adverse effect on water quality, especially in relation to sensitive water bodies such as chalk streams.
3. In applying this policy, it should be assumed, unless there is clear evidence to the contrary, that separate regulatory regimes for the control of pollution will operate effectively, as set out in policy DM7. This means that it will be appropriate to take into account emissions limits set through those other regimes.
P4: Impact of development on existing activities
1. Existing businesses, community facilities, public services and defence and security activities should not have unreasonable restrictions placed on their current or permitted operation as a result of development being approved after they were established. This means that development proposals should be capable of being integrated effectively with existing business, community and public service activities and infrastructure in their vicinity (including, but not limited to, uses such as pubs, music venues, places of worship, sports clubs, blue light services, defence, electricity network infrastructure and industrial and waste sites).
2. Where the operation of an existing activity could have a significant adverse effect on a proposed new development in its vicinity, development proposals should:
a. Identify the nature of the potential impacts, informed where necessary by early discussions between the applicant (i.e. the ‘agent of change’) and those existing uses which could be affected by the proposal to inform the scope for mitigation; and
b. Be able to demonstrate that suitable mitigation can be provided before first occupation of the development, if it is to be acceptable. Planning conditions or obligations should be used to secure agreed mitigation measures.
3. This policy applies to new development involving changes of use of land and property, as well as to new construction, and includes situations where new development may interfere with the operation of electronic communications networks. Both lawful current and permitted levels of operation of existing activities should be taken into account when applying this policy.
P5: Maintaining public safety and security
1. Development proposals should anticipate and address possible malicious threats and other hazards (whether natural or man-made) in relation to:
a. Their occupiers and users, by identifying potential safety risks and proportionate mitigation opportunities which can be addressed through the design of the scheme. This applies especially where particular groups may be vulnerable to crime, or to the fear of crime – such as women and girls – or would be at risk from physical hazards (such as children where open water or transport infrastructure is present or planned);
b. Locations where large numbers of people are expected to congregate, such as transport hubs, night-time economy venues, cinemas and theatres, sports stadiums and arenas, shopping centres, health and education establishments, places of worship, hotels and restaurants, visitor attractions and commercial centres. Proposals for major development in such locations should be informed by the most up-to-date information available from the police and other relevant agencies about the nature of potential threats and their implications, and appropriate and proportionate steps that can be taken to reduce vulnerability, increase resilience and ensure public safety and security;
c. Uses which could pose a potential hazard to the surrounding area. Development proposals involving new major hazard sites, changes to existing major hazard sites, major accident hazard pipelines and Health and Safety Executive licensed explosive sites (as identified within Health and Safety Executive and Office for Nuclear Regulation consultation zones) should proceed only if it can be demonstrated that the development would not increase the risk or the adverse consequences of a major accident; and
d. Consultation zones around major accident hazard sites, major accident hazard pipelines and Health and Safety Executive licensed explosives sites, safeguarded areas around civilian aerodromes or technical sites[footnote 53] and Outline Planning Zones or Detailed Emergency Planning Zones around nuclear sites. Development proposals within these areas should only be supported where, having consulted the relevant consultation bodies[footnote 54], it is clear that the development will be safe for occupiers and users and will not impose constraints on the operation of the facility or facilities to which the safeguarded area or consultation zone relates.
P6: Land and operations for defence and public safety
1. Substantial weight should be attached to the importance of sites, activities, facilities and infrastructure required to maintain and enhance defence capability, or whose primary purpose is public safety (including uses such as coastal protection works, coastguard and lifeboat facilities and emergency services telecommunications infrastructure), when considering:
a. Proposals for such development (whether through modernisation, intensification, redevelopment or expansion for operational and related purposes); and
b. Proposals which could affect their operational activity and capability, including situations where other development should only proceed where it can make alternative or replacement provision for defence or public safety operations which would otherwise be affected, or where noise from operational activities could affect the proposed development (in which case policy P4 should also be applied).
This is Chapter 17 of the National Planning Policy Framework
Continue to Chapter 18: Managing flood risk and coastal change (F1–9).
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Footnotes
50. As identified through The Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002. ↩
51. Including the existing Detailed Emergency Planning Zones and Outline Planning Zones, required under the Radiation (Emergency Preparedness and Public Information) Regulations (REPPIR) 2019. ↩
52. The considerations in policy P5(1)(b) are relevant in this context. ↩
53. In consultation with the operator of the site and where appropriate the Civil Aviation Authority. ↩
54. The Control of Major Accident Hazards (COMAH) competent authority for zones around hazardous installations, the operator of the site and where appropriate the Civil Aviation Authority or Secretary of State for Defence for safeguarding areas around aerodromes, technical sites or military explosive storage areas, and the Office for Nuclear Regulation or Secretary of State for Defence for zones around nuclear sites. ↩