Energy, Resources and Resilience - Climate Resilience

The Council will take a precautionary approach to flood risk from all sources and will promote flood avoidance in the first instance.

Flood storage and conveying capacity will be protected and development will be directed away from functional flood plains and undeveloped areas of medium to high flood risk. Where development proposals are at risk of flooding or in a flood risk area, proposals will only be supported if they are for:

1. essential infrastructure where the location is required for operational reasons
2. water compatible uses
3. redevelopment of an existing building or site for an equal or less vulnerable use; or
4. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long-term safety and resilience can be secured in accordance with relevant SEPA advice

The following provisions apply:

(i) Subject to Flood Risk Assessment (FRA), there will be a presumption in favour of new development which:

1. takes account of SEPA's flood risk and land use vulnerability guidance (2018) and any relevant updates to, or replacements of this guidance
2. demonstrates that flood risk is understood and addressed, with measures to protect against and manage that flood risk clearly set out
3. ensures there is no reduction in floodplain capacity
4. does not lead to an increase in the probability of flooding on or outwith the site or a need for future flood protection schemes
5. does not result in development of a use more vulnerable to flooding or with a larger footprint than any previous development on site
6. incorporates flood protection measures to allow a 'freeboard allowance', whereby additional height should be added to the predicted level of a flood to make allowances for uncertainties. Design solutions should also include some leeway for the unknown effects of climate change
7. discharge to a watercourse (open or piped) is limited to 4.5L/sec/ha if the site is greater than 1ha in size or 5L/sec/ha if the site is smaller than 1ha in size
8. incorporates permeable surfaces (minimising the area of impermeable surfaces) and the use of sustainable drainage systems (SuDS), with adequate maintenance arrangements, to avoid increased surface water flooding. SuDS/attenuation should be suitably sized to accommodate a 1:200yr event so as to reflect the discharge rate stated in (g) above
9. incorporates the use of water resistant and/or resilient construction materials and measures
10. does not create an island of development and provides safe access and egress free of flood risk to the site.

(i) Small scale extensions and alterations to existing buildings will only be supported where they will not significantly increase flood risk

(ii) the Council will support development proposals that demonstrate accordance with Local Flood Risk Management Plans – there will be a presumption against development which would prejudice the implementation of such plans

(iii) land raising and elevated buildings will only be supported in exceptional circumstances and where it is demonstrated that it would not have an adverse impact on flood risk outside the raised area

(iv) proposals must be accompanied by a Drainage Assessment and Surface Water Management Plans (SWMP) (including flood route to the SUDS/attenuation) to the satisfaction of the Council, where drainage is already constrained or problematic

(v) the Council will support development of the following flood prevention measures:

a. wetland creation and peatland restoration

b. green and blue infrastructure

c. flood protection schemes, restoring natural features, enhancing flood storage capacity and avoiding the construction of new culverts and the opening of existing culverts

d. creation, expansion and enhancement of natural Flood Management (NFM) techniques in reducing the risk of flooding. Development that has an impact on the potential to provide NFM will only be supported by the Council where the land's sustainable flood management function can be safeguarded

(vi) Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity

(vii) All proposals should presume no surface water connection to the combined sewer. The protection offered by an existing formal flood protection scheme or one under construction can be taken into account when determining flood risk

Development proposals should demonstrate that future adaptions can be made to accommodate the effects of climate change.

Development proposals for national, major, EIA development or any other development proposal that the Planning Authority deems may generate significant greenhouse gas emissions, should be accompanied by a whole life assessment of greenhouse gas emissions from the development.

Development proposals that will generate significant emissions, on their own or cumulatively with other proposals, allocations or consented development, will not be supported unless:

• it is demonstrated that the proposed development is in the long-term public interest
• the applicant provides evidence that the level of emissions is the minimum that can be achieved for the development to be viable, and has considered off-setting measures sequentially both on site and off site

Information on viability may be requested to support applications.

Planning applications for carbon sequestration and negative emissions technologies shall be assessed against the following criteria:

• the contribution a proposal makes towards maintaining a diverse energy mix and improving energy security
• impacts on local communities and other sensitive receptors
• impacts upon any natural or built heritage features
• impacts in terms of noise, dust, vibration, odour, air quality and water quality
• impacts upon landscape
• impacts upon transport
• the suitability of the restoration and aftercare proposals for the site
• the benefits accruing from the proposal including any restoration or abandoned/derelict minerals sites and local employment opportunities