Schedule of Potential Main Modifications

Ended on the 11 November 2021
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Chapter 8



Page Number 207, SO4, Paragraph 8.1


Amend Strategic Objective 4 under paragraph 8.1 to read:

SO4: Deliver Beautiful, Biodiverse, Clean and a Functional Natural Environment, where resources are carefully managed to avoid adverse impact on, and to provide net gains for, the borough's natural environment and biodiversity; and where our natural heritage is protected, and ecosystem services are restored, enhanced and integrated back into the built environment through multi-functional green and blue infrastructure and opportunities are pursued for securing measurable net gains for biodiversity.


To make the plan consistent with national policy and effective



(2) MM73

Page Number 207-209, Paragraph 8.2, Paragraph 8.4, Paragraph 8.5, Paragraph 8.6, Paragraph 8.7, Paragraph 8.10


Amend paragraph 8.2 to read:

8.2 The borough of Brentwood currently enjoys a varied built and natural landscape. From At its core is the main urban area with the settlements of Brentwood, with its green wedges, and the settlements of Shenfield, Pilgrims Hatch and Hutton at its core, to along with the dispersed, yet neighbouring northern villages and the more distant villages in the south,; it is set within the varied landscape of intrinsic character and beauty within the Essex countryside. This enables Brentwood residents to enjoy the best of both worlds - the urban and the rural benefits - leading to the descriptive reference as the Borough of Villages.

Amend paragraph 8.4 to read:

8.4 The Council is committed to the conservation and enhancement of the natural environment in line with the NPPF (2018 2021, Section 15). The Council has a duty under the Natural Environment and Rural Communities (NERC) Act 2006 and the Wildlife and Countryside Act 1981 to have regard to biodiversity conservation and including the positive conservation management of Local Wildlife Sites (LWS) within the borough.

Amend paragraph 8.5 to read:

Future growth is planned in sustainable locations to ensure that the quality of our environment is valued and sustained. Consideration for integration, conservation and enhancement of the natural and built environment to promote the health and well-being of inhabitants is paramount. This will be achieved through the considered management of development in line with the government's 25 Year Environment Strategy1 and NPPF1 with a commitment to improving green infrastructure connectivity for wildlife and people in line with Green and Blue Infrastructure and Open Space policies.

Amend paragraph 8.6 to read:

8.6 The borough has a number of landscape, biodiversity and geodiversity areas of interest which contribute to local distinctiveness. These should be retained and protected and their enhancement and restoration will be encouraged. The majority of the landscape is dominated by Wooded Farmland comprising of undulating areas of deciduous and mixed woodland interspersed with arable fields, mature hedgerows, smaller pastures and paddocks, and narrow lanes. Brentwood has 15 areas of ancient woodland along with veteran trees and lowland fen. The Thames Chase Community Forest Area covers the south and south-west of Brentwood. The Thames Chase Plan (20146) describes the landscape as 'Land of the Fanns', comprising of marshy land/ - a low lying district with fens, forests and farming made up of large field patterns with hedgerows, often called the Horndon Fens.; Fanns being is a Saxon term for low marshy land or a low-lying district. This area provides an inspirational image of a forest landscape that is being developed to Community Forest principles. Taking into account the age, uniqueness, species diversity and rarity of these habitats, their re-creation, once destroyed, will be difficult to achieve. Therefore, proposals which impact these irreplaceable habitats will be refused unless there are wholly exceptional reasons and a suitable compensation strategy is set out.

Delete paragraph 8.7.

Amend paragraph 8.10 to read:

8.10 The country parks of Warley, Weald and Thorndon area are also on Historic England's Register of Historic Parks and Gardens of sSpecial Historic Interest in England.


To make the plan effective



(6) MM74

Page Number 209 - 214, Policy NE01, Policy NE02, Paragraph 8.14 - 8.28


Delete Policies NE01 and NE02 and replace with one policy to reads as follows:


A.  The Council will require development proposals to use natural resources prudently and protect and enhance the quality of the natural environment. All proposals should, wherever possible, incorporate measures to secure a net gain in biodiversity, protect and enhance the network of habitats, species and sites (both statutory and non-statutory) and avoid negative impacts on biodiversity and geodiversity. Compensatory measures will only be considered if it is not possible fully to mitigate any impacts.

B.  When determining planning applications, the council will apply the principles relevant to habitats and biodiversity as set out in National Planning Policy.

International Designated Sites

C.  Where a proposed development is likely to have an adverse impact on European Designated Site (whether individually or in combination with other plans or proposals) permission will not be granted unless there is due compliance with the requirements of the Habitats Directive and Habitats Regulations.

D.  New residential development within the RAMS Zone of Influence will be required to provide appropriate on-site measures for the avoidance of, and/or reduction in, recreational disturbance on European Designated Sites through the incorporation of recreational opportunities, including the provision of green space and footpaths in the proposals. The Council will also seek appropriate financial contributions towards off-site mitigation as prescribed in the Essex Coastal RAMS mitigation strategy and the Epping Forest RAMS mitigation strategy (as applicable).

Nationally Designated Sites

E.  Development proposals within or outside a SSSI, likely to have an adverse effect on a SSSI (either individually or in combination with other developments), will not be permitted unless, exceptionally, the benefits of the proposed development clearly outweigh both the adverse impacts on the features of the site that make it of national importance and any impacts on the wider network of SSSIs.

Sites of Local Importance

F.  Development proposals that are likely adversely to affect locally designated sites, including their functional status within any identified ecological network, will only be permitted where the applicant can demonstrate that:

a.  the ecological coherence of the site and any local ecological network is maintained; and

b.  it can be demonstrated that the benefits of the development clearly outweigh the loss.

Delete paragraphs 8.14 to 8.15

Amend and re-order paragraphs 8.16 to 8.22 to read:

8.18 All stages of development must be considered when assessing the impact and cumulative impact on wildlife sites both within and in proximity to the borough of Brentwood.

8.16 The Council acknowledges the sensitive biodiversity sites just beyond the borough boundary, including Basildon Meadows SSSI, Norsey Wood SSSI and Epping Forest SSSI and Special Area of Conservation. Proposals likely to have an adverse effect on these neighbouring sites will be assessed per policy in accordance with Strategic Policy NE01 Protecting and Enhancing the Natural Environment above.

8.17 Where there is a confirmed presence, or reasonable likelihood, of a legally protected species or priority species on an application site, the applicant will be required to demonstrate that adverse impacts upon the species have been avoided, and where they cannot be avoided, adequately mitigated. Mitigation must conform to the requirements of relevant legislation and Natural England Standing Advice. Where impacts cannot be adequately mitigated, the proposal will not be permitted.

8.19 The Council will take a precautionary approach where insufficient information is provided about avoidance, management, mitigation and compensation measures and refuse such planning applications. The Council will secure management, mitigation and compensation measures through planning conditions/obligations where necessary.

8.20 Proposals that result in a net gain in Habitat value will in principle be supported, subject to other policies in this Plan. Where Priority Habitats are likely to be adversely impacted by the proposal, the developer must demonstrate that adverse impacts will be avoided, and impacts that cannot be avoided are mitigated onsite. Where residual impacts remain, offsite compensation will be required so that there is no net loss in quantity and quality of Priority habitats in the borough of Brentwood.

8.21 The Council supports the Essex Wildlife Trust Living Landscape's vision to 'restore, recreate and connect wildlife habitats'. Within each Living Landscape, opportunities for the preservation, restoration and recreation of priority habitats, ecological networks and populations of priority species will be supported in order to conserve and enhance strategic wildlife corridors and habitats in Essex. Development proposals that would deliver these opportunities will in principle be supported, subject to other policies within this Plan. Development resulting in a significant adverse impact on the ecological function of these Living Landscapes will be refused.

8.22 In additional to the statutory protections and obligations for designated sites, proposals must also demonstrate how they are responding to:

a. the Essex Biodiversity Action Plan (2011);

b. a.  the Essex Wildlife Trust Living Landscapes vision; and

c. b.  the Thames Chase Plan.

Amend paragraphs 8.23 to 8.28 to read:

Essex Coast RAMS

8.23 Development in the borough has the potential to increase the recreational pressures and disturbance on existing European Llevel sensitive habitats, such as the Essex Estuaries Special Area of Conservation (SAC),; the Crouch and Roach Estuaries Special Protection Areas (SPA); and the Epping Forest Special Area of Conservation.

8.24 Recreational disturbance has been further considered in an Appropriate Assessment which has identifieds the need to prepare a Recreational disturbance Avoidance and Mitigation Strategy (RAMS) for these locations to deliver the mitigation necessary to avoid significant adverse effects from 'in-combination' impacts of residential development that is anticipated across Essex.

8.25 Following consultation with Natural England, an Essex-wide Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) has been prepared and adopted to include all coastal European sites. The strategy identifies where recreational disturbance is happening and the main recreational uses causing the disturbance. New residential development that is likely to affect the integrity of the European sites will be required to contribute towards the implementation of the mitigation. It is considered that development in this zone of influence will be required to pay for the implementation of mitigation measures to protect the interest features of European designated sites along the Essex Coast which include a RAMS is being prepared on behalf of nine district /borough councils and Southend and Thurrock unitary authorities, to cover the Essex Estuaries Special Area of Conservation; SAC and the Crouch together with the and Roach Estuaries Special Protection Area; SPA,and the Colne and Blackwater Estuaries Special Protection Areas, SPAs and Ramsar sites and Site of Special Scientific Interest. , to clarify the area of potential impacts (within the Zone of Influence) with a view to their subsequent adoption as a Supplementary Planning Document (SPD) with an associated charging schedule. This work has assessed the Zones of Influence for each of the habitat sites and where residential development is proposed in these Zones, mitigation for in combination impacts is required. The appropriate mitigation mechanisms are identified in the RAMS. The Zones of Influence affecting Brentwood are shown on the Policies Map.

8.27 Any residential development within the Zone of Influence of the Essex Coast RAMS that is likely to affect the integrity of these European sites. The developer will be required to either contribute towards mitigation measures identified in the RAMS or, in exceptional circumstances, identify and implement bespoke mitigation measures at the Essex Coastal Habitats sites to ensure compliance with the Habitat Regulations.

Epping Forest RAMS

8.26 A similar assessment process is being carried out for the Epping Forest Special Area of Conservation involving the local planning authorities that have been identified as having the potential for impact by their geographical proximity to Epping Forest. The detailed evidence base has now been prepared and has identified the new residential development Zones of Influence (ZOI) of these internationally important protected biodiversity sites.

8.28 Prior to the adoption of a Supplementary Planning Document, or similar, in respect of the Epping Forest SAC, development in the Zones of Influence will be required to make an appropriate assessment of the impact of the development and identify suitable mitigation proposals, in line with Natural England advice. Brentwood Borough Council falls just outside this ZOI; the Council will however, carefully consider the impacts, if any, of development that falls adjacent to this ZOI.


To make the plan consistent with national policy and effective

Repeats what is set out in introductory text



(2) MM75

Page Number 214 - 216, Policy NE03, Paragraphs 8.33


Delete Policy NE03 and replace with following new policy wording to read:

A.  Development proposals that would result in the deterioration or loss of irreplaceable ancient woodland and ancient and veteran trees will not be permitted other than in wholly exceptional circumstances and only if the proposals include a suitable compensation strategy. Applicants will need to demonstrate the efficacy of the strategy by reference to the value of the habitats that will be lost or harmed and provide an appropriate implementation and maintenance programme to underpin the strategy the performance of which will be subject of a condition and/or planning obligation, as appropriate.

B.  In all other cases, proposals should, so far as possible and practicable, seek to retain existing trees, woodlands and hedgerows where they make a positive contribution to the local landscape and/or biodiversity or which have significant amenity value. Wherever possible and appropriate, landscaping schemes should take account of and incorporate these existing features in the scheme and where any loss is unavoidable, incorporate measures to compensate for their loss.

Amend paragraph 8.33 to read:

8.33 Some specific trees or groups of trees are of particular amenity value, such that their removal would have a significant impact upon the local environment and its enjoyment by the public. Where they are potentially under threat, the Council will seek to retain and protect them, either through planning conditions or through make Tree Preservation Orders (TPO). to protect them. Where trees are covered by TPOs, the policy is intended to safeguard them from damage or removal unless there are overriding reasons for the development.


To make the policy effective




Page Number 216, Policy NE04, Paragraphs 8.38 - 8.46


Amend Policy NE04 to read:

A.  Development proposals which fall within the Thames Chase Community Forest Area should not prejudice the implementation, aims and objectives of the Thames Chase Plan will be expected to make a positive contribution towards its implementation in addition to other relevant policies within the Local Plan.

B.  Developers will be expected to work collaboratively in partnership with the Land of the Fanns Partnership to develop scheme proposals through the masterplanning process, in line with Policy SP06 Effective Delivery of Development.

Re-order and amend paragraphs 8.38 to 8.42 to read:

8.39 The Thames Chase is a cCommunity fForest covers 40 square miles of landscape in East London and South West Essex. of 9,842 hectares located in more than 47 sites in London and Essex. Brentwood Borough Council is one of the four local authority partners along with the Forestry Commission, Essex County Council, the Woodland Trust, Essex Wildlife Trust, the London Wildlife Trust and The Royal Society for the Protection of Birds. Being It is one of 102 national community forests across England established nationally since in 1990 to actively regenerate the landscape, protecting, improving and expanding the woodland character of the Community Forest for the benefit of local people and wildlife., the forest covers over 500 hectares of woodland, common and recreational land within Brentwood Borough (about one quarter of the area of Thames Chase). Extended in 1999, the forest now incorporates Thorndon and Hartswood Sites of Special Scientific Interest (SSSI) and Warley Place Nature Reserve, with the area of the forest extending to the southern borough boundary and as far east as the A128. Management is led by the Thames Chase Trust1 in accordance with the Thames Chase Plan2.

8.38 The Council supports the aims of the Thames Chase Plan, being:

a. to conserve, improve and expand the woodland character of the Community Forest;

b. to sustain the natural integrity of the Community Forest's air, land and water including wildlife;

c. to integrate climate change adaption and mitigation responses into the developing Community Forest;

d. to use the Community Forest to improve local health and well-being, volunteering, learning and employment; and

e. to enable effective partnership working from national to local level to maximise the impact of available resources.

8.40 Centred round regeneration, quality green space creation, management and community engagement, the Community Forest concept has increased woodland coverage from 9% to 15% locally, and secured funding to create over 330 hectares of new green space provision. Wider work involves extensive tree planting within the borough, opportunities for sport and recreation, wildlife conservation, agricultural and timber production.

8.41 The Thames Chase Plan provides a green infrastructure framework, in line with the London Green Grid, for supporting Countryside Stewardship: woodland to support and guide applications and in enhancing the local environment, including through landscaping, conservation works and upgrading of footpaths or bridleways. Such benefits are welcome, provided uses are consistent with wider Green Belt policy. objectives, since they would not be considered as a justification for allowing inappropriate development in the Green Belt where development that would otherwise be unacceptable.

8.42 Thames Chase Plan maintains the original commitment to developing strategic woodland, habitats and access on a forest-wide scale. In 2016, following an award from the Heritage Lottery Fund, a wider partnership of organisations was set up However, there is with a stronger emphasis on area-based project delivery that translates forest wide ambition into tangible, quantifiable initiatives on the ground. Brentwood Borough Council is a partner in the This 'Land of the Fanns' Partnership includes a number of national and local organisations, including Brentwood Borough Council, who are working towards is and supports the Landscape Conservation Action Plan (LCAP)3. Development proposals falling within the Thames Chase Community Forest area are strongly encouraged to consider the Thames Chase Community Forest aims and objectives outlined in these plans when devising their landscape schemes and green infrastructure proposals.

Insert the following footnotes

1. The Thames Chase Trust

2. Thames Chase Plan 2014

3. Land of the Fanns Landscape Conservation Action Plan (LCAP) 2016 -

Delete paragraphs 8.43 to 8.46


To make the policy effective

To make the policy clear and effective.

Supporting paragraphs are re-ordered and updated with factual corrections. Paragraphs that are irrelevant to this section or are covered by supporting text of green infrastructure policies are deleted.




Page Number 218, NE05, Paragraph 8.47-8.50


Amend policy NE05 to read:


A. Development is required to meet national or exceed the ' air quality neutral' standards , especially within Air Quality Management Areas (AQMAs) and where development is near to, or promotes, land uses to be used by those particularly vulnerable to poor air quality (such as children and older adults). and identify opportunities to improve air quality or mitigate local exceedances and impacts to acceptable legal and safe levels. Development proposals must demonstrate that they will not:

a.  Compromise the achievement of compliance targets within Air Quality Management Areas (AQMAs);

b.  Create new exceedance areas;

c.  Create unacceptable risk of high levels of exposure to poor air quality, particularly where development is near to, or promotes land uses to be used by those particularly vulnerable to poor air quality (such as children and older adults).

B.  Development proposals should be designed to minimise exposure to existing poor air quality and make appropriate provisions to address local improve local air quality conditions exceedances through design solutions and measures to the outdoor and indoor environment. such as the use of low or zero emission transport, reduced reliance on private motor vehicles, buffer zones around schools and other community infrastructure, amongst others. Particular attention should be given to the positioning, layout and design of proposals for new build developments and community infrastructure (indoor and outdoor) that are likely to be used by large volumes of people on a daily basis, especially by vulnerable groups. Community infrastructure should, where possible incorporate appropriate buffer zones to prevent or minimise exposure to air pollution sources.

C.  Development proposals should give equal weight to the consideration of indoor air quality, with building design solutions specifying proven ventilation systems, especially with proposals which consider energy efficient building solutions, to avoid the unintended consequences of poor indoor ventilation.

D.  C.  An a Air q Quality impact a Assessment .,based on current best practice, is required as part of any the planning application for:

a.  major developments;

b.  employment led developments;

c.  developments which will require substantial earthworks or demolition;

d.  developments which include community infrastructure including leisure, education and health facilities or open space (including child play space);

e.  new build developments in areas along busy or congested road and rail lines where residents will be exposed to poor air quality of sub-standard air quality; and

f.  developments which propose the use of Combined Heat and Power, biomass boilers or similar solutions that might impact air quality; and

g.  new developments within AQMAs

E.  Where an air quality assessment indicates that a development will cause harm to air quality or where end users could be exposed to poor air quality, development will be resisted unless mitigation measures are adopted to reduce the impact to acceptable levels.

F.  New build developments which propose to provide any private, communal, publicly accessible open space or child play space in areas of sub-standard air quality are required to demonstrate that they have considered the positioning and design of the open space to reduce exposure of future users to air pollution.

D.  Development proposals should have regard to their individual and cumulative impacts on air quality. Proposals that do not meet the requirements of (A) and (B) above will be resisted unless appropriate measures are implemented to ensure adverse impacts can be mitigated to an acceptable level. Mitigation should be provided onsite unless it can be demonstrated that it is inappropriate and that off-site provision will deliver equivalent or wider benefits.

Delete paragraphs 8.47 to 8.50 and replace with the following supporting text:

Air Quality in Brentwood

Transport generated emissions are the main source of poor air quality in the borough. Air quality relates to both particulate and gaseous pollution, including fumes, odours, dust and unsafe levels of Carbon Dioxide, Nitrogen Dioxide and other pollutants in the atmosphere which can impact environmental amenity for people and wildlife. This policy aims to address existing poor air quality and ensure new development does not contribute to the worsening of air quality across the borough, but instead contributes to improving air quality through design and other mitigation measures.

The Council will ensure that all development plays its part in securing 'clean growth', in line with Government's Clean Air Strategy (2019)1. As a minimum, development must not create further deterioration of existing poor air quality or lead to new exceedances of legal air quality standards or compromise achievement of compliance in those areas currently in exceedance, as currently stipulated by the Air Quality Standards Regulations 20101. Development proposals should also reduce the population's exposure to poor air quality, particularly for those groups who are most vulnerable to its impacts such as children and young people and older people.

Air Quality Management Areas (AQMAs)

Exceedances of legal air quality standards are currently as provided by the Air Quality Standards Regulations (2010). Brentwood currently has three declared Air Quality Management Areas (AQMA) were exceedances have been previously recorded:

  • AQMA No. 2: M25/Brook Street Roundabout;
  • AQMA No. 4: A12/ Warescot Road/Hurstwood Avenue/Ongar Road;
  • AQMA No. 7: A128/A1023 Junction (Wilson's Corner).

AQMAs can be found on the Council's website. Ongoing monitoring will continue and the AQMA areas will be adjusted and reported to DEFRA accordingly. Monitoring data of air pollution in these AQMAs since 2015 has shown that the air quality standard for Nitrogen Dioxide has been met. However, as these three AQMAs remain potentially problematic, they remain in place for now. The designated AQMAs are illustrated on the policies map and declared on the DEFRA website3; these will be subject to periodic review and updating. Development should have regard to the Council's Air Quality Action Plan4.

Air Quality Assessments

An appropriate and proportionate assessment of air quality must be included with any application that may adversely affect local air quality or be significantly affected by existing poor air quality levels. It is important that applicants consider the need for any assessment before any application is submitted.

Air Quality Assessments (AQA) must follow best practice guidance and should include the following as a minimum:

a.  must address the impacts arising during construction and operation/occupation of the development;
b.  assessments should take into account the individual and wider cumulative impacts on the proposed development, consistent with national policy;
c.  where an AQA indicates a potential negative impact on air quality, the AQA should identify implementable measures that will minimise or mitigate impacts from the development;
d.  an AQA with full dispersion modelling is required for all proposed Biomass and CHP boilers and this must demonstrate that the impact on nearby receptors is minimal.

Development that involves significant demolition, construction or earthworks will be required to assess the risk of impacts according to the latest best practice guidance, such as the Institute of Air Quality Management's (IAQM) 'Air Quality Monitoring in the Vicinity of Demolition and Construction Sites' (2018)5. Applicants should also refer to further guidance, such as the Considerate Contractor Advice Note6 on the Council webpages.

Mitigating Poor Air Quality

Tackling poor air quality requires a multi-dimensional approach to help achieve the objective of improving air quality across Brentwood. Therefore, this policy should be read in conjunction with all other policies that together also address poor air quality impacts, including, but not limited to: BE09: Sustainable Means Of Travel And Walkable Streets, BE10: Sustainable Passenger Transport, BE11: Electric And Low Emission Vehicles, BE12: Mitigating The Transport Impacts Of Development; NE02 Green and Blue Infrastructure.

While focus is often on outdoor air quality, it is important that design proposals demonstrate how ventilation in buildings can be designed to prevent or reduce the health impacts of poor indoor air quality, whilst maintaining adequate energy and thermal performance as required by Strategic Policy BE01: Carbon Reduction and Renewable Energy. This is especially important for developments adjacent to key transport infrastructure where emissions are higher. Applicants are advised to look at best practice guidance on how to achieve safe indoor air quality in new developments, such as NICE 2020 guidance 'Indoor Air Quality at Home'7.

Appropriate measures are often cross-cutting and involve different actions across the different aspects of the development's design proposals. Such measures should be proportionate to the scale of development and should include: sustainable transport considerations, such as reducing vehicular traffic levels, encouraging sustainable movement patterns; sustainable building design to reduce emissions throughout the lifetime of the building, or reducing emissions from associated plant equipment; improving or greening the public realm.

Developments comprising new or enhanced community infrastructure, such as schools, should consider how they can include appropriate safe 'Buffer Zones', such as low traffic zones or traffic exclusion zones, to eliminate or reduce exposure. Implementation of these would require joint working between the Council, Essex County Council as the Lead Local Education Authority and Highways Authority, and relevant schools.




4. Air Quality Action Plan (2008), or any update of this



7. #prioritising-indoor-air-quality-in-local-strategy-or-plans


To make the policy consistent with national policy and effective

Clauses amended to align to national policy and guidance, particularly in relation to addressing exposure and cumulative impacts.



(197) MM78

Page Number 220 - 223, Policy NE06, Paragraphs 8.51 - 8.64


Amend Policy to read:


A. Proposed New development will be required to avoid, where possible, areas of flood risk to people and property and manage any residual risk, taking account of the impacts of climate change by applying the Sequential and, where necessary, the Exception Tests in accordance with national guidance and policy.

a.  applying the sequential test, directing development away from areas at risk of flooding, including those areas associated with surface water flood risk;

b.  if necessary, applying the exception test;

c.  safeguarding land from development that is required for current and future flood management; and

d.  using opportunities offered by new development to reduce the causes and impacts of flooding

B.  In areas designated as functional flood plains, or Critical Drainage Areas development will only be permitted in accordance with national policy and guidance, and then only if: A site specific Flood Risk Assessment must assess all sources of flooding. It should demonstrate how flood risk will be managed over the development's lifetime, taking climate change into account. A site specific FRA is required, in accordance with national policy guidance, for the following types of development:

a.  proposals are located in the lowest appropriate flood risk zone with regard to guidance set in the Brentwood Strategic Flood Risk Assessment as part of the sequential test. all new development greater than 1 ha in size in Flood Zone 1;

b.  all development within a Critical Drainage Area;

c.  all new development (including minor development and change of use) in flood zones 2 and 3;

d.  new development or a change of use to a more vulnerable class which may be subject to other sources of flooding.

C.  Where proposals satisfy the Sequential and Exception Tests design proposals should ensure that:

a.  the most vulnerable land uses are located in areas within the site that are at lowest risk of flooding;

b.  development will be safe for its lifetime taking account of the vulnerability of its users,

c.  flood risk will not increase elsewhere;

b.  d.  development would not constrain the natural function of the flood plain, either by impeding flow or reducing storage capacity;

c.  e.  development is constructed so as to remain operational even at times of flood through resistant and resilient design;

f.  appropriate mitigation measures are incorporated to address any residual flood risk safely, including safe access and egress for all likely users of the development;

g.  where necessary incorporate flood resistant and flood resilient design measures such that, in the event of a flood, the development could be quickly brought back into use without significant refurbishment;

h.  incorporate sustainable drainage systems in line with Policy BE08 5 Sustainable Drainage, unless there is clear evidence that this would be inappropriate;

i.  where possible, the development will reduce flood risk overall.

j.  safe access and escape routes are included where appropriate, as part of an agreed Emergency Response Plan, were required.

Delete part C-E

F.  D.  Where the site is additionally located within a Critical Drainage Area (CDA), development should minimise and mitigate surface water runoff in line with Policy BE05 Sustainable Drainage. development may have the potential to impact on the CDA in respect of surface water flooding. As a result of this, the site will require an individually designed mitigation scheme to address this issue.

Reorder and amendment of paragraph 8.51- 8.64 as below.

Amend paragraph 8.51 to read:

8.51 This policy should be read in conjunction with Policy BE08 5 Sustainable Drainage, Strategic Policy NE02 Green and Blue Infrastructure and Policy BE02 Water Efficiency and ManagementPolicy NE01 Protecting and Enhancing the Natural Environment and Policy, NE02 Recreational Disturbance Avoidance and Mitigation Strategy (RAMS).

Delete paragraphs 8.52 to 8.54

Amend paragraph 8.55 to read:


8.55 As a Lead Local Flood Authority, In 2020 Essex County Council has produced an updated Surface Water Management Plans for boroughs in Essex and with updates to the Critical Drainage Areas (CDAs) for the borough identifying an area specific action plan for each CDA. This must be taken into account by development proposals falling within each CDA. Potential development sites in areas of identified flood risk have been subject to sequential and exception tests. Applicants should also follow the guidance and recommendations set out in Strategic Flood Risk Assessment (SFRA 2018)1 which was undertaken to assess the risk of flooding in Brentwood to inform development of the Local Plan.

Insert new paragraphs to read:

In line with the NPPF and associated Government guidance, a sequential approach will be applied when deciding on the location of new development to ensure that development is directed to those areas of the Borough, and locations within sites, that are at the lowest risk of flooding. The applicant must demonstrate the appropriateness of proposed uses within the different respective flood zones having regard to the Sequential and Exception Tests. Development proposals should be informed by site specific Flood Risk Assessments submitted by applicants. Assessments are required to take into account the long-term impact of climate change. The latest standing advice on climate change allowances published by the EA should be referred and form the basis of any assessment.

Flood zones 2 and 3, and Critical Drainage Areas (CDA) (as defined by the 2018 modelling updates) are illustrated on the Policies map, using the latest available data. Applicants should consult the Environment Agency (EA) and Essex County Council as the Lead Local Flood Authority (LLFA) to establish whether the data has since been updated. All proposals will be assessed against the latest available information.

Amend paragraph 8.57 to read:


8.57 Fluvial flood risk in Brentwood is not extensive and is largely limited to areas in very close proximity to local watercourses. Risk of flooding from surface water presents a more extensive zone of risk than the fluvial flood zones. This is because the fluvial flood zones in Brentwood are relatively narrow owing to the 'headwater' nature of most of the watercourses. The Brentwood Strategic Flood Risk Assessment (2018) maps flood risk zones in the borough, with surface water flooding shown most notably on the A12 north west of Brentwood and on roads around Ingatestone. Incidences of fluvial (river) flooding are recorded along the eastern boundary of the River Wid from Stondon Hall Brook, and the River Roding to the north of the borough. Areas at risk of fluvial surface water flooding are mainly rural and include low lying areas south of the A127 west and east of West Horndon. The most likely mechanism for surface water runoff generation is when heavy rainfall exceeds the capacity of the local drainage network and of the ground to infiltrate water; therefore surface treatments in new development are equally important in avoiding localised flooding. Therefore, Policy BE05 Sustainable Drainage must also be taken into account alongside flood risk. The feasibility of infiltration on site will need to be determined through a site-specific drainage assessment that forms part of the Drainage Strategy. Brentwood's Surface Water Management Plan (SWMP 2015, updated 2020) and Strategic Flood Risk Assessment (SFRA 2018) provide additional information on other sources of flood risk and potential mitigation measures.

Delete paragraphs 8.58 to 8.62

Amend paragraph 8.63 to read:


8.63 Developers are encouraged to refer to the Environment Agency's Flood Risk Standing Advice for planning applicants.; eEarly pre-application discussion engagement with Brentwood Borough Council, Essex County Council as the Lead Local Flood Authority, and the Environment Agency and the relevant water utility company (i.e. Thames Water or Anglian) is strongly advised.

Delete paragraph 8.64

Insert new paragraphs to read:

It is important that development does not increase flood risk to people, properties and infrastructure. All proposals should proactively seek to minimise and mitigate risk wherever possible, especially in areas with identified risk from flooding. Applicants will be expected to consider risk from all sources of flooding using appropriate up to date information. All development proposals should also take into consideration the impacts of climate change over the lifetime or the development.

The SFRA recommends that 'Functional Floodplain' status is applied to all of Flood Zone 3 extent in the Borough (as described in Section 4.4), with the exception of the areas for which the EA hold detailed modelled data (Rivers Wid and Mardyke). All areas of Flood Zone 3 should have the Flood Zone 3b planning restrictions applied, as per Table D.2 in Appendix D of the SFRA. The EA would object to any new development in functional floodplain (Flood Zone 3b). Development should be located in areas suitable to the vulnerability level of the proposed uses, in accordance with the exceptions test. For any proposed water-compatible uses within a functional floodplain, the applicant must demonstrate that development is designed and constructed to:

a. remain operational and safe for users in times of flood;

b. result in no net loss of floodplain storage;

c. not impede water flows and not increase flood risk elsewhere.

Compatible development will be assessed in accordance with national planning policy guidance for flood risk vulnerability and flood zone 'compatibility' tables.

Where the Sequential and Exception Tests are satisfied, the Council expects that proposals fully investigate opportunities to avoid, reduce, manage and mitigate flood risk through the site's layout and design. Residual risk must be fully assessed and addressed by incorporating flood resistant design (e.g. constructed to prevent water from entering the building and damaging its fabric) and resilient design measures (e.g. impact is minimised, ensuring the building's structural integrity is maintained and that drying and cleaning can be facilitated).

Move paragraph 8.56 to after new paragraphs and amend to read:

8.56 The Council will work in partnership with the Environment Agency and the Lead Local Flood Authority (Essex County Council) to manage and mitigate flood risk. All development proposals in areas at risk of flooding will need to submit a site specific Flood Risk Assessment (FRA) in accordance with Policy BE08 Sustainable Drainage, commensurate with the scale of the flood risk and recognising all likely sources of flooding - surface water, ground water and watercourse flood risk. Sites within a Critical Drainage Area are also required to submit a Drainage Strategy in line with Policy BE05 Sustainable Drainage boundaries are provided by Essex County Council and should be considered.


To make the policy consistent with national policy and effective. Supporting text aligned to Strategic Flood Risk Assessment recommendations

Wording refers to updated 2020 Surface Water Management Plan action plan.




Page Number 223, Policy NE07, Paragraph 8.65 - 8.72


Amend Policy to read:


Contaminated Land

A.  Development proposals involving the use, movement or storage of hazardous substances will only be permitted within employment areas and p Planning permission will only be granted for development on, or near to land which is suspected to be contaminated, where the Council is satisfied that:

a.  there will be no threat to the health or safety of future users or occupiers of the site or neighbouring land; any risks, including to human health and the environment, can be adequately addressed in order to make the development safe; and

b.  there will be no adverse impact on the environment and quality of local groundwater or quality of surface water.; and

c.  there would be no unacceptable adverse impacts on property

B.  The Council will require applicants proposing Proposed development on or near known or potentially contaminated land will be required to submit a Phase 1 Preliminary Risk Assessment detailed site characterisation and tiered risk assessment and to identify the level and type of risk and, where necessary: remedial measures that need to be carried out (including remedial treatment and monitoring arrangements), provided in a detailed Remediation Scheme. Evidence of remediation should be to the satisfaction of the relevant statutory regulators.

a.  undertake a Phase 2 Intrusive Site Investigation to provide a detailed assessment of contamination and risks to all receptors;

prepare a Remediation Statement providing details of a remediation scheme appropriate to the individual site; and

submit a Validation Report prior to the construction of the development.

Hazardous Substances and Installations

C.  Planning permission will not be permitted for development on sites that lie near or adjacent to a hazardous substance site or notifiable installation, if the safety of the future occupiers of the development could be adversely affected by the normal permitted operations of the existing uses.

C.  Development proposals involving the use, movement or storage of hazardous substances will only be permitted within designated employment areas as identified on the Policies Map and only if proposals can demonstrate that appropriate safeguards are in place to ensure there is no unacceptable risk to human health, safety and the environment.

D.  Development of a site in the vicinity of a hazardous installation, will only be permitted where it is demonstrated that development will not constitute an unacceptable risk to human health, safety and the environment. Depending on individual site circumstances proposals may be required to be accompanied by a Preliminary Risk Assessment and Management Strategy that clearly identifies risks and sets out measures to appropriately manage and mitigate these.

Re-order and amend paragraph 8.65 to 8.72 as below:

Contaminated Land

8.68 In the context of development management, tThe Essex Contaminated Land Consortium's Land Affected by Contamination - Technical Guidance for Applicants and Developers (2014), provides detailed information on how to deal with land contamination. 8.65  In accordance with this guidance, Wwhere sites are known to be contaminated, or where contamination is subsequently discovered, the Council will require any planning application to be accompanied by a detailed report appraising the levels and extent of contamination together with measures that will remediate the contamination. This The guidance also provides guidance on how planning conditions may be used to secure suitable remediation when dealing with planning applications where contaminated land is identified.

8.66 The adverse impact on the environment and quality of local groundwater or surface water should consider standards outlined in the ECC SuDS Design Guide (2016).

8.67 Where insufficient information is submitted with a planning application for a contaminated, potentially contaminated or suspected contaminated site, the Council will take a precautionary approach when making a decision.

Hazardous Substances and Installations

8.69 The Planning (Hazardous Substances) Act 1990 aims to prevent major accidents and limit the consequences of such accidents. In considering any planning applications proposals for development which may involve hazardous substances, the Council will need to be completely satisfied that the proposal will not constitute a hazard to existing communities or the local environment. Similarly, existing consents will be an important consideration in the determination of sensitive uses such as housing. In appropriate cases, tThe Council will therefore consult and liaise with the Health and Safety Executive and other expert bodies, where necessary to seek technical advice on the potential to minimise potential risks of a proposal, and follow the required regulatory procedures as appropriate.

8.71  Similarly, it would be inappropriate to grant planning permission for d Development proposals to expand existing sites handling or processing hazardous substances will not be granted where this would harm public safety. Should a developer have reason to believe a development site is contaminated, they must consult the Council as early as possible before an application is submitted.

8.70 Hazardous substances are defined by the Planning (Hazardous Substances) Regulations 1992. The Council is required to ensure that land use policies maintain and secure appropriate distances between establishments where hazardous substances are present, and residential areas, areas of public use and areas of national sensitivity or interest. The Council considers that it would be inappropriate to locate new development on or near to establishments where hazardous substances are present where this would harm public safety.

8.72 Certain sites and pipelines are designated as notifiable installations by virtue of the quantities of hazardous substance stored or used. Similarly, Wwhere development is proposed within the consultation zone distance of notifiable hazardous installations, the Council is required to consult the Health and Safety Executive and other expert bodies on the suitability of that development in relation to the risks that the notifiable installation might posed by the existing establishment to the surrounding population. Where such development could affect a sensitive natural area, Natural England must be consulted. Other regulatory procedures may apply as appropriate.


To make the policy consistent with national policy and effective

Clarifies the requirement and aligns to national and local guidance.

While it is recognised both contaminated land and hazardous substances have their own set of Regs and procedures, the policy is included to ensure the landuse aspects are addressed, especially in light of the gas mainlines in the vicinity of south Brentwood allocations such as E11 and R01.



(1) MM80

Page Number 225, Policy NE08, Paragraph 8.77


Amend Policy NE08 to read:


A.  Development proposals involving floodlighting or any other means of illumination (other than advertisements) will only be permitted where the scheme:

a.  is appropriate for the intended use and has been appropriately designed to prevent light spillage limit inappropriate light direction and intensity;

b.  is energy efficient;

c.  provides the minimum level of light necessary to achieve its purpose;

d.  uses an appropriate light spectrum and specification that will not be harmful to nocturnal wildlife or human health;

e.  does not impact unacceptably on minimises losses to the night sky and or does not give rise to any unacceptable increase in sky glow; and

f.  ensures the appearance and design of the installation when unlit is sympathetic to the character and design of the development of which it forms part and will when lit acceptable, provides adequate protection from glare and light spill particularly in sensitive locations, such as residential areas, sites of nature conservation interest, and have no unacceptable adverse effect on visual amenity, highway safety, landscape or the historic character of the area.

B.  Applicants will need to submit a full lighting strategy, proportionate to their application, specifying details of external lightsing, its their power and type, the overall level and distribution of illumination and times of operation. Appropriate Cconditions may will be imposed to restrict lighting levels and hours of use or require measures to be taken to minimise adverse effects where reasonably necessary.

Amend paragraph 8.77 to read:

Applicants should refer to the Institute of Lighting Engineers' guidance when considering the development and installation of lighting schemes. The Council will require a lighting strategy to accompany all full planning applications. The Council will require a lighting strategy to accompany all full planning applications which include floodlighting or other forms of external illumination.


To make the policy effective



(130) MM81

Page Number 226 - 231, Paragraphs 8.79 - 8.97, Policy NE09, Paragraphs 8.85 - 8.97


Amend supporting text paragraphs 8.79 to 8.81 as introductory text to Policy NE09 to read as below; and move to Chapter 4, before paragraph 4.24.

Green Belt and Rural Development

Green Belt Local Context

8.80 London Metropolitan Green Belt was established by the Town and Country Planning Act 1974 to control the outward spread of London into surrounding counties such as Essex, to ensure the land it kept permanently open. This designation has provided an important protection to the borough's countryside. The Council strongly supports the continued preservation of the Metropolitan Green Belt. , as the rural countryside setting is central to the borough's character, which has remained largely unspoilt.

8.79  Brentwood Borough Council comprises a main urban area with villages dispersed north and south of the main town. All built-up areas are entirely within the London Metropolitan Green Belt. Brentwood is circa 15,312 ha in area, of which 13,700 ha of land is currently designated as Green Belt (over 89% of the borough). Brentwood currently makes up approximately 2.83% of the overall London Metropolitan Green Belt area. This makes With Brentwood a borough with being the sixth highest Green Belt area in England., Tthis significantly limits land available for development within the borough and has created the sharp contrast between urban and rural areas with little or no urban fringe.

8.81 However, Ggiven Brentwood's proximity to London and good connectivity the road network, there is huge demand and pressure for development. The Council has had to make some difficult, but informed decisions around the alternation of the Green Belt boundary, in line with national planning policy. Through the Green Belt review process and alongside the Sustainability Appraisal process, exceptional circumstances were established to release of a number of sites to meet housing, employment and Gypsy and Traveller needs, as described in Policy MG01 Managing Growth. The Policies Map illustrates the Green Belt boundary as established by this Local Plan, with defensible boundaries around the allocation sites.

Delete paragraphs 8.82 to 8.84

Amend Policy NE09 to read:


A.  The Metropolitan Green Belt within Brentwood Borough (as defined in the Brentwood Policies Map) will be preserved from inappropriate development so that it continues to maintain its openness and serve its key functions. Planning permission will not be granted for inappropriate development in the Green Belt other than in very special circumstances.

B.  All development proposals within the Green Belt will be considered and assessed in accordance with the provisions of national planning policy. the NPPF; development within the Green Belt will only be permitted if it maintains the Green Belt's openness and does not conflict with the purposes of the Green Belt or harm its visual amenities. Planning applications will not be supported, and will be refused if they:

a.  are deemed to impact the five purposes of the Green Belt;

b.  do not contribute to the beneficial use of the Green Belt;

c.  are not considered appropriate development; and

d.  other material considerations apply.

C.  Consideration will be given to Gypsy and Traveller allocations within the Green Belt as long as it meets the requirements set out in Policy HP08 Regularising Suitable Existing Traveller Sites. The Council will seek to enhance the beneficial use of the Green Belt to provide or improve access to it; to provide or enhance opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity and; to improve damaged and derelict land. Development proposals in or adjacent to the Green Belt (including those the subject of allocations in this plan) will be expected to include measures to achieve these objectives so far as it is possible and appropriate.

D.  For site allocations which are being released from the Green Belt, development proposals should set out ways in which the impact of removing land from the Green Belt are to be offset through compensatory improvements to the environmental quality and accessibility of the remaining Green Belt land. Consideration will also be given to planning applications related to not inappropriate sports and recreational facilities provided they meet the following criteria:

a.  the openness of the Green Belt is not compromised;

b.  in the situation for parking facilities, where appropriate, permeable surface should be considered to avoid surface water flooding;

c.  where the relocation and/or replacement of a sport and/or recreational building is being proposed, the building footprint is to be no larger than the existing footprint; and

d.  the proposal adheres to the policy requirements as set out in BE41 Open Space, Sport and Recreational Facilities.

E.  Proposals related to sustainable energy technologies will be supported as long as it adheres to the requirements set out in this policy, Policy BE03 Carbon Reduction, Renewable Energy and Water Efficiency and Policy BE04 Establishing Low Carbon and Renewable Energy Infrastructure Network.

Amend paragraphs 8.85 to 8.87 as supporting text after Policy NE09 to read:

Purpose of the Green Belt

8.85 The National Planning Policy Framework sets out the five main purposes of the Green Belt:

i. to check the unrestricted sprawl of large built-up areas;
ii. to prevent neighbouring towns merging into one another;
iii. to assist in safeguarding the countryside from encroachment;
iv. to preserve the setting and special character of historic towns; and
v. to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

Encouraging the Beneficial Use of Green Belt

8.86 The NPPF (2018 2021, paragraph 141 145) promotes the beneficial use of the Green Belt. It states that once Green Belts have been defined, local planning authorities should plan positively to enhance their beneficial use, such as looking for opportunities to provide access, to provide opportunities for outdoor sport and recreation, to retain and enhance landscapes, visual amenity and biodiversity, or to improve damaged and derelict land. In Brentwood, there are many areas of the Green Belt which also perform other key environmental and recreational functions that must also be maintained in accordance with the relevant policies. For example, there are large areas of woodlands, golf courses, playing pitches, parks, extensive areas important for nature conservation including Hutton, Weald and Thorndon Country Parks, three Sites of Special Scientific Interest (SSSI) and 147 Local Wildlife Sites. There is also an extensive network of public rights of way providing public access to open countryside. Enhancement of these features will be supported in line with Strategic Policy MG02 Green Belt, is welcomed to maintain the beneficial use of the Green Belt.

8.87 Furthermore, the NPPF states that any development proposals within Community Forests in the Green Belt should be subject to the normal policies for controlling development in Green Belts. The Thames Chase Community Forest reaches across much of the south western area of the borough. The Thames Chase Community Forest offers a valuable opportunity for improving the environment by upgrading the landscape and providing for recreation and wildlife and this will be supported in line with national policy and guidance. The Council will encourage the beneficial use of the Green Belt, through opportunities to improve access, outdoor sport and recreation; retain and enhance landscapes, visual amenity and biodiversity; or improve damaged and derelict land.

Delete paragraphs 8.88 to 8.92

Insert new paragraph after 8.87 to read:

Proposals Affecting the Green Belt

All Proposals coming forward in non-allocated Green Belt locations will be assessed in accordance with Strategic Policy MG02 Green Belt and national policy on Green Belt. Development will be considered inappropriate and refused unless very special circumstances are demonstrated and/or where the exceptions apply, in line with paragraph 145 and 146 of the NPPF. One of the Council's objectives is to support the rural economy and sustainability of villages. Where proposals align with these exceptions, proposals will be supported.

Delete paragraph 8.93 to 8.97


To make the policy consistent with national policy and effective

To make the policy consistent with national policy and effective




Page Number 231 - 241, Policy NE10 - NE15, Paragraph 8.98 - 8.127


Delete Policy NE10 - NE15 and paragraph 8.98 - 8.127


Covered by other policies in the Plan



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