NATIONAL UPDATE Key issues related to biodiversity in Development Management and Spatial Planning
Sue Hooton, National ALGE Executive Committee and Place Services, Essex County Council East Anglian Planning and Biodiversity Seminar 14th November 2019
Brexit – Day 1 Readiness
Environment Bill
NPPF 2019
HRA update
Protected Species update
BS42020 review
ALGE / CIEEM/ RTPI pilot for EcIA Checklist
Wildlife Assessment Check tool
SUMMARY
BREXIT - DAY 1 READINESS
Two years ago Greg Smith, EU Exit Manager for Natural England gave a presentation on Brexit & Biodiversity.
Update
Defra
on the EU Withdrawal Bill ?
workstreams to ensure Day 1 Readiness and ALGE involvement
ENVIRONMENT BILL PUBLISHED 15 OCTOBER 2019 “The Environment Bill is part of the Government’s response for a step change in environmental protection & recovery and a key vehicle for delivering the bold new vision set out in the 25 Year Environment Plan…..
….and helps to deliver on the government’s commitment to be the first generation to leave our environment in a better state.”
The Environment Bill and its Policy Statement set out a new domestic framework for: • A new independent watchdog (OEP) • A suite of new environmental policies and legally binding targets for four priority areas: air quality, waste and resources, nature &water.
Strengthening the NERC Act biodiversity duty for public bodies to cover enhance nature & green spaces • Making Biodiversity Net Gain mandatory using Defra metrics to measure habitats in planning applications & promoting Conservation Covenants
ENVIRONMENT BILL – A NEW FRAMEWORK
In relation to the planning policy, the Environment Bill intends to: Require the development of spatial Local Nature Recovery Strategies (LNRSs) Each LNRS will underpin the ability for key stakeholders to help deliver Nature Recovery Networks (NRNs). Promote policy & SPD for Biodiversity Net Gain
ENVIRONMENT BILL - SPATIAL PLANNING
ENVIRONMENT BILL - DEVELOPMENT MANAGEMENT In relation to planning applications the Environment Bill intends to:
Ensure that impacts of development on habitats are measured using Defra biodiversity metrics v2 and secure mandatory Biodiversity Net Gain. Enable landowners to make long term commitment to conservation using Conservation Covenants where developers need to create or restore wildlife rich habitats off site.
Defra has been keen to engage with stakeholders on BNG and is holding LA engagement groups and workshops. They want to discuss options relating to the application of BNG condition to development affecting protected sites. What are the potential risks around interpretation ?
It is likely to cause confusion and undermine the existing statutory & policy protection for these sites?
Should protected sites be exempt from BNG ?
ENVIRONMENT BILL - DEVELOPMENT MANAGEMENT
ENVIRONMENT BILL BIODIVERSITY DUTY STRENGTHENED TO COVER ENHANCEMENT
In relation to the NERC Act s40 biodiversity duty for pubic bodies in the exercise of their functions, the Environment Bill will: Require
public authorities to actively carry out strategic assessments of the actions they can take to enhance and conserve biodiversity. Designated public authorities will also be required to produce a five-yearly report on the actions taken to comply with the new duty.
Carrot
or stick ?
Strengthened
protection for ancient woodlands, veteran trees and other irreplaceable habitats in the revised NPPF.
Introduced
“Brexit-proof” language for European sites = Habitats sites.
NATIONAL PLANNING POLICY FRAMEWORK 2019
Dutch court rulings
HABITATS REGULATIONS UPDATE
Natural England Supplementary Advice for Conservation Objectives
Project level HRA proforma for RAMS adopted by LPAs to deliver strategic mitigation Applicants should provide “Information to support HRA” for LPAs to prepare an assesssment
Natural England review of Standing Advice
Gt Crested Newts - national roll out of District Licensing
Bats - New guidelines on bats and onshore wind turbines;
Statement by Bat Conservation Trust on “Batsafe” BRMs
Beavers – added as European Protected Species in Scotland
Appeal decision on EPS survey information prior to determination
PROTECTED SPECIES UPDATE
APPEAL DECISION DETAILS ON PROTECTED SPECIES
Appeal Ref: APP/D3505/W/18/3212219 Vine Farm, Nedging Road, Nedging Tye, Ipswich IP7 7HJ Dismissed.
“I am not satisfied that I have sufficient and up to date information on bats and great crested newts to conclude that there would be an acceptable impact on protected species. It would not be appropriate to leave this matter to a planning condition or a note informing the appellant of their responsibilities, as the information is needed to inform the planning decision.”
Appeal Ref: APP/P1560/W/18/3201067 Land off Grange Road, Lawford, CO11 2JB Dismissed.
“Paragraph 99 of Circular 6/2005 advises that it is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. A precautionary approach must be adopted.“
Appeal Ref: APP/W3520/W/17/3174638 Pooles Farm, Thorney Green Road, Stowupland IP14 4AJ. Dismissed
“Although an Ecological Report was submitted with the application, it did not include surveys to establish the presence of protected species. Bearing in mind advice in the Circular and notwithstanding that it might well be possible to mitigate the impact on any protected species should they be present, without the requisite surveys, it is not possible to ascertain the effect of the development on a protected species and a precautionary approach should be adopted. “
ECOLOGICAL IMPACT ASSESSMENT CHECKLIST
A Checklist for Ecological Consultants, Applicants and LPAs supported by ALGE, CIEEM & RTPI
Pilot rollout in SE Region in 2020
Use as part of QA processes ?
If successful, RTPI are keen on national roll out
WILDLIFE ASSESSMENT CHECK TOOL
Partnership for Biodiversity in Planning www.biodiversityinplanning.org
BS42020:2013
THANKS FOR LISTENING ….
Representing professional ecologists working in local government
https://www.alge.org.uk/alge-membership/ Sue Hooton sue.hooton@essex.gov.uk 07809 314447