Review of existing Section 106 Agreement - Thanet District Council

Review of existing Section 106 Agreement - Thanet District Council Review of existing Section 106 Agreement - Thanet District Council

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11.07.2015 Views

seeking advice from the air traffic service provider and the CAA, it cannotmake a planning condition that has a direct effect on these arrangements.The CAA Safety Regulation Group may comment, and makerecommendations, if necessary, in respect of the effects of proposeddevelopment on or in the vicinity of an airport that could conflict with runwaysafeguarding and obstacle clearance criteria.2.8 Planning Policy Guidance Note 24 : Planning and NoiseIt is not intended to address all PPGs which could influence airportdevelopment and operation, but discussion is justified in respect of PPG 24.Issued in 1994, PPG 24 replaced earlier guidance given in DoE Circular10/73. It gives advice to local planning authorities in England on the use oftheir planning powers to minimise the adverse impacts of noise, from allmodes of transport and from heavy industry. PPG 24 sets out theconsiderations to be taken into account in determining applications for noisesensitive developments, such as homes, schools and hospitals, and also forthose activities that will generate noise. It specifies noise exposure categoriesfor residential development and recommends appropriate levels of exposureto different sources of noise, drawing on guidance from the World HealthOrganisation (WHO) and other sources.____________________________________________________________________PPG 24 Annex 1 – Recommended Noise Exposure Categories For NewDwellings Near Existing Noise SourcesAir Traffic - Summary of recommended Noise Exposure Categories (NECs)Time NEC NEC NEC NECA B C D0700-2300 722300-0700 66ClassificationABNoise level may not be desirable at upper level of category, but should not bea determining factor in granting permissionNoise should be taken into account and conditions imposed whereappropriateC Permission should not normally be refused. If permission is permitted,conditions should be imposed to protect against noiseDPlanning permission should normally be refusedNotes :• LAeq level : relates to a cumulative 16 hour daytime or 8 hour night time noisecontour for a “busy period” of airport activity• Night Time Noise Levels : where individual events regularly exceed 82.5 dB LAmaxseveral times in every hour sites should be treated as NEC C regardless of LAeq-8hr(except where the LAeq-8hr already puts the site in NEC D)• Aircraft Noise : daytime values accord with the contour values adopted by DfT whichrelate to levels measured 1.2m above open ground____________________________________________________________________PPGs are guidance not law, but will indicate the likely stance to be taken bythe Secretary of State in any given case, and be taken into account by anEU00142:FINAL REPORT PAGE 7

appellate Court in deciding what is reasonable. It is vital that the localplanning authority follows such guidance in considering noise sensitivedevelopment in the vicinity of an airport. There are instances across the UKwhere such advice has not be followed resulting in new development takingplace in an inappropriate location in noise terms, or without the requirementfor mitigation measures being a condition of development.EU00142:FINAL REPORT PAGE 8

seeking advice from the air traffic service provider and the CAA, it cannotmake a planning condition that has a direct effect on these arrangements.The CAA Safety Regulation Group may comment, and makerecommendations, if necessary, in respect <strong>of</strong> the effects <strong>of</strong> proposeddevelopment on or in the vicinity <strong>of</strong> an airport that could conflict with runwaysafeguarding and obstacle clearance criteria.2.8 Planning Policy Guidance Note 24 : Planning and NoiseIt is not intended to address all PPGs which could influence airportdevelopment and operation, but discussion is justified in respect <strong>of</strong> PPG 24.Issued in 1994, PPG 24 replaced earlier guidance given in DoE Circular10/73. It gives advice to local planning authorities in England on the use <strong>of</strong>their planning powers to minimise the adverse impacts <strong>of</strong> noise, from allmodes <strong>of</strong> transport and from heavy industry. PPG 24 sets out theconsiderations to be taken into account in determining applications for noisesensitive developments, such as homes, schools and hospitals, and also forthose activities that will generate noise. It specifies noise exposure categoriesfor residential development and recommends appropriate levels <strong>of</strong> exposureto different sources <strong>of</strong> noise, drawing on guidance from the World HealthOrganisation (WHO) and other sources.____________________________________________________________________PPG 24 Annex 1 – Recommended Noise Exposure Categories For NewDwellings Near Existing Noise SourcesAir Traffic - Summary <strong>of</strong> recommended Noise Exposure Categories (NECs)Time NEC NEC NEC NECA B C D0700-2300 722300-0700 66ClassificationABNoise level may not be desirable at upper level <strong>of</strong> category, but should not bea determining factor in granting permissionNoise should be taken into account and conditions imposed whereappropriateC Permission should not normally be refused. If permission is permitted,conditions should be imposed to protect against noiseDPlanning permission should normally be refusedNotes :• LAeq level : relates to a cumulative 16 hour daytime or 8 hour night time noisecontour for a “busy period” <strong>of</strong> airport activity• Night Time Noise Levels : where individual events regularly exceed 82.5 dB LAmaxseveral times in every hour sites should be treated as NEC C regardless <strong>of</strong> LAeq-8hr(except where the LAeq-8hr already puts the site in NEC D)• Aircraft Noise : daytime values accord with the contour values adopted by DfT whichrelate to levels measured 1.2m above open ground____________________________________________________________________PPGs are guidance not law, but will indicate the likely stance to be taken bythe Secretary <strong>of</strong> State in any given case, and be taken into account by anEU00142:FINAL REPORT PAGE 7

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