Local Plan Main Modifications Consultation
Policy 10: Disposal of Foul Water
| Local Plan page number | Policy or paragraph Local Plan | Proposed Change | Justification |
|---|---|---|---|
| 80 |
Policy 10: Criterion 1 |
1. Development shall utilise the following drainage hierarchy: [removed] i. Connection to a public sewer [removed] ii. Package sewage treatment plant, which can be offered to the Sewerage Undertaker for adoption [removed] Septic tank [removed] 1. Development proposals should demonstrate that adequate mains foul water treatment and disposal already exist or can be provided in time to serve the development, or that this can be made available in time for the occupation of the development. [added] Non mains foul sewage disposal solutions should only be considered where it can be shown to the satisfaction of the local planning authority that connection to a public sewer is not feasible. The hierarchy for non mains foul sewage disposal will be: [added] i. Package sewage treatment plant, which can be offered to the Sewage undertaker for adoption: and then [added] ii. Septic tank [added] |
Justified Effective |
| 80 |
Policy 10: Criterion 2 |
2. Development involving the use of non-main methods of drainage (including septic tanks/cesspits) will not be permitted in areas where public sewerage exists. [removed] Development of new or extensions/ improvements to existing wastewater, sludge or sewage treatment works, will be supported unless the adverse impact of the development significantly outweighs the need for greater capacity |
Effective |
| 80 |
Policy 10: supporting text |
The Environment Agency is the regulator for licensing abstractions, pollution control and the quality of the water environment, whilst Northumbrian Water (NWL) [added] is responsible for water services and sewerage. The Council works closely with the Environment Agency and Northumbrian Water [removed] NWL [added] and will continue to collaborate with these agencies and other infrastructure providers to inform future decision making. In bringing forward development proposals it is expected that applicants demonstrate that the site is served by adequate mains fouls water treatment and disposals infrastructure. Applicants are strongly encouraged to engage with NWL’s Pre-Planning Enquiry or service prior to the submission of an application. [added] It is the responsibility of NWL as sewage undertaker to ensure that there is sufficient capacity to accept and treat foul flows arising from a proposed development. However, the Local Planning Authority (LPA) must have regard to whether there is sufficient capacity within the existing sewer network before granting planning permission for a development that would give rise to foul sewage. In assessing whether there is sufficient capacity, the LPA will consult NWL on all major development proposals and will have regard to the professional advice provided by NWL. In the event that NWL advises the LPA that there is a need to phase development or to control the rate of delivery of development in order to ensure that it has sufficient capacity to treat foul flows arising from that development, then the LPA would seek to impose appropriate planning conditions in order to reflect that advice. [added] Development involving the use of non-main methods of drainage (including septic tanks/cesspits) will not be permitted in areas where public sewerage exists. [added] For further information regarding the mains drainage hierarchy of preference and for recommendations regarding connection points on the NWL network, advice should be sought from NWL via its Pre-Planning Enquiry service. |
Justified Effective |
What to consider when making a representation
What are the tests of soundness and legal compliance?
The purpose of the examination is to consider whether the local plan complies with relevant legal requirements for producing local plans, including the duty to cooperate, and meets the national tests of ‘soundness’ for local plans set out in the National Planning Policy Framework (NPPF).
Therefore, representations submitted at this stage must only be made on these grounds and, where relevant, be supported with evidence to demonstrate why these tests have not been met.
Legal compliance
To be legally compliant the plan has to be prepared in accordance with the duty to cooperate and legal and procedural requirements, including the 2011 Localism Act and Town and County Planning (Local Planning) (England) Regulations 2012 (as amended).
Soundness
The inspector conducting the examination in public has to be satisfied that the local plan is ‘sound’; namely that it is:
• Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.
• Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities, and
• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.