Draft Development Contributions SPD - September 2022

(6) 8 NATURAL ENVIRONMENT

*Forthcoming

8.1 Policy context

8.1.1 The NPPF identifies that access to a network of high quality open spaces is important for the health and well-being of communities^[37]. It also seeks to minimise impacts on, and provide net gains for, biodiversity and advocates a proactive approach to mitigating and adapting to climate change^[38].

8.1.2 Open spaces are a defining feature of North Hertfordshire and provide a valuable resource for recreation, sports and culture. The quality of the open spaces is critical to ensure that active lifestyles can be promoted.

8.1.3 The Local Plan contains a range of policy requirements relating to open space and the natural environment which, collectively, seek the provision and retention of a network of quality spaces.

8.1.4 These policy requirements are supported by a breadth of supporting strategies produced by the Council, County Council and other bodies.

8.2 Biodiversity

Policy Background

8.2.1 Biodiversity net gain (BNG) is an approach to development, and/or land management, that aims to leave the natural environment in a measurably better state than it was beforehand.

8.2.2 The Environment Act 2021 sets out the following key components of mandatory biodiversity gain:

• Amends the Town and Country Planning Act
• Minimum 10% gain required calculated using the Biodiversity Metric and approval of a biodiversity gain plan
• Habitat secured for at least 30 years via planning obligations or conservation covenants
• Delivered on-site, off-site or via a new statutory biodiversity credits scheme; and
• National register for net gain delivery sites
• It does not change the existing legal protections for important habitats and wildlife species. It maintains the mitigation hierarchy of avoid impacts first, then mitigate and only compensate as a last resort.

8.2.3 Policy Nex Biodiversity and Geological Sites states that planning permission will only be granted for development proposals that appropriately protect, enhance and manage biodiversity in accordance with the hierarchy and status of designations and features listed in policy SP12. All development should deliver measurable net gains for biodiversity and geodiversity, contribute to ecological networks and the water environment and restore degraded or isolated habitats where possible.

8.2.4 The policy also requires the integration of appropriate buffers of complimentary habitat for designated sites and other connective features, wildlife habitats, priority habitats and species into the ecological mitigation and design. The appropriateness of any buffers will be considered having regard to the status of the relevant habitat. 12 metres of complimentary habitat should be provided around wildlife sites (locally designated sites and above), trees and hedgerows. It may be necessary to exceed this distance for fragile habitats such as ancient woodland or to provide appropriate root protection for mature trees. A long-term management and monitoring plan including mitigation measures as necessary is also required.

8.2.5 In addition, the Local Plan promotes a master plan led approach to deliver a net gain for biodiversity as set out in Policy SP9 Design & Sustainability. Strategic Masterplans where required should 'Create a multi-functional green infrastructure network that provides a high-quality integrated network to support ecological connectivity, biodiversity net gain, climate adaptation and mitigation linking into the wider Ecological Network'.

8.2.6 The Environment Act 2021 introduces a mandatory requirement for new development to deliver a net gain for biodiversity of at least 10% calculated using the DEFRA Biodiversity Metric (latest version 3.1). Once the mandatory requirement for BNG is in place (expected to be Winter 2023), it will be a legislative requirement. The Government's response to the 2018 consultation on net gain set out that there would be a 2 year implementation period for mandatory BNG once the Environment Bill received Royal Assent and became the Act (which happened on 9 November 2021). The Act includes provision for secondary legislation to set a date for the requirement to come into force.

8.2.7 Whilst the Local Plan does not specify a target for BNG, the Council are taking a pro-active and masterplan led approach to encouraging new developments to achieve a net gain for biodiversity of at least 10%.

Biodiversity Net Gain and the Biodiversity Metric

8.2.8 The Biodiversity Metric 3.0 was launched by DEFRA in July 2021. An update 3.1 was published in April 2022. A consultation on the Biodiversity Metric 3.1 and the Small Sites Metric will conclude in September 2022.

8.2.9 The Council will expect applicants to assess BNG using the Biodiversity Metric 3.1 or the most up to date version. The biodiversity metric is a habitat-based approach used to assess an areas value to wildlife. The metric uses habitat features as a proxy to calculate a biodiversity value. The metric is used to assess the biodiversity unit value of an area of land, demonstrate biodiversity net gains or losses in a consistent way, measure and account for direct impacts on biodiversity and to compare proposals for a site, such as creating habitat on site or off site. It can help to design, plan and make land management decisions that take better account of biodiversity. It should be used by a professional qualified and experienced ecologist. To use the metric you need to know, the types of habitat on site, the size of each habitat parcel, the condition of each habitat parcel, whether the sites are in locations identified as local nature priorities.

8.2.10 The biodiversity metric calculation tool and user guide are published on Natural England's Access to Evidence website.

Mitigation Hierarchy

8.2.11 Biodiversity Net Gain should be delivered in the context of the following Mitigation Hierarchy:

Avoid: where possible habitat damage should be avoided

Minimise: where possible habitat damage and loss should be minimised

Remediate: where possible any damaged or lost habitat should be restored

Compensate: As a last resort damaged or lost habitat should be compensated for

8.2.12 Applicants will be required to demonstrate to the Council that all methods of avoidance have been fully explored and all new development should seek to deliver BNG on site within the red line application boundary. Where on-site provision is not possible off-site compensation will be required and this approach should be agreed with the LPA (Local Planning Authority). Development proposals must clearly demonstrate that a net gain in biodiversity can be achieved and secured for 30 years.

Evidence and reporting requirements^[39]

8.2.13 The Council already require a Preliminary Ecological Appraisal or Ecological Impact Assessment to be submitted with most types of planning applications. These will now be required to contain a specific section entitled 'Biodiversity Net Gain' which must clearly show how the site has been assessed using the Biodiversity Metric (latest version). This will demonstrate the baseline habitat value of the site (pre development) and the post development habitat value.

8.2.14 Where it is apparent that the baseline habitat value of the site has been negatively affected prior to assessment, the Council will require an assessment of the site based on the habitat condition prior to any intervention (i.e. removal of vegetation). This could be based on previous aerial photography and environmental records.

8.2.15 A habitat baseline plan should be produced using the UK Habitat Classification^[40] . This may be produced using information from the PEA Report or EcIA Report. This should clearly show the habitat types and area and length of any habitat tpe or habitat parcel. A reference number for each habitat parcel should cross reference to the metric. Baseline maps showing linear features e.g., hedgerows, rivers and streams should be provided in spatially accurate digital drawings.

8.2.16 Following the baseline habitat conditions the report should demonstrate how compliance with the BNG 10 good practice principles^[41] has been applied as part of the net gain assessment.

8.2.17 A BNG plan (or proposed habitats plan) should be provided that clearly cross references to the metric habitat calculations. It can be based on the site layout plan, illustrative masterplan, strategic masterplan or green infrastructure parameter plan depending on the nature of the planning application.

8.2.18 Habitats should be mapped using the UK Habitat Classification (to allow comparison with the baseline situation). This plan should clearly show what habitats are to be retained and enhanced and what new habitat types will be created through clear colour coding. The area (ha) or length (km) of each habitat type should be quantified with spatially accurate digital drawings. Other proposed biodiversity enhancements should also be described in this section and shown on appropriately scaled plans e.g., bird and bat boxes, hedgehog highways and mitigation for protected/priority species.

8.2.19 The completed Excel spreadsheet, including the full calculations that lead to the final biodiversity unit scores must be submitted to the Council to allow the full analysis and scrutiny of the information. The information in the metric should be directly related to the Habitat Baseline Plan and Proposed Habitats Plan. Summary results or extracts of any metric calculation would not be sufficient alone. Where appropriate detailed justifications for the choice of habitat types, distinctiveness and condition should be added to the comments column and explained in the report. All assumptions made in the metric should be clearly identifiable. Different habitat parcels should be individually referenced and identifiable on the relevant drawings so that these can be cross referenced with the Biodiversity Metric.

8.2.20 The Council will be seeking to determine if in principle the application has the capacity to comply with relevant Local Plan policies. The BNG plan will be approved as part of the any outline permission.

8.2.21 The BNG section of the report should provide sufficient detail that biodiversity gains and anticipated 'condition' of the habitat can be realistically achieved within the site framework. It is important that other land uses and land use budget is considered at outline stage and that there is no double counting (i.e. with recreational, sport and other green space types).

8.2.22 The final section should include a Project Implementation and Construction Plan and Management or Monitoring Plan. This should include the required aftercare maintenance and long-term habitat management of habitat features, how management will be implemented for a minimum period of 30 years and what monitoring will be implemented during and after construction. This is to ensure that all on site and off site BNG is delivered to the required state and condition (where appropriate this will be required as a planning condition as part of the Landscape and Ecological Management Plan) for a 30 year lifespan of the project.

8.2.23 It is expected that the majority of strategic and phased development will require a re-submission of the BNG Report with each subsequent reserved matter. This would include an updated BNG calculation (balance sheet) and BNG Proposed Habitats Plan. This is required to co-ordinate the phased delivery of BNG in accordance with approved strategy at outline permission stage. Relevant planning conditions will be applied to secure this delivery.

Design and Landscape-led approach

8.2.24 BNG should be considered at the early stage of a project before the layout and design becomes too fixed. A design team approach should be undertaken with an appointed ecological consultant working closely with the urban designer, landscape architect and arboriculturist for the project to jointly consider which masterplan stricture/layout delivers the optimal outcome for biodiversity net gain. A design and landscape-led approach and strategy should be informed by the following objectives:

• Creating a site wide connected and accessible multi-functional green space network that is connected to the strategic green infrastructure network
• Creating an ecological network that seeks to retain and enhance existing wildlife corridors and link up fragmented habitats both outside and within the site boundary. This is to enhance connectivity, functionality and to strengthen wildlife corridors and use this as a component of the landscape structure for the new development
• To ensure existing wildlife sites, priority habitats, hedgerows and trees are appropriately buffered to protect the health and function of the habitat
• To design for sustainable urban drainage through the designing around natural drainage patterns and maximise opportunities for wetland and marginal/aquatic planting in attenuation areas and swales etc
• To design site boundaries, streets, spaces, block and plot boundaries and gardens to incorporate nature-rich habitat, including trees, hedgerow, grassland, scrub and wildflower areas.
• Utilise domestic scale features to support wildlife, such as bat and bird boxes/bricks and invertebrate boxes^[42]

Delivery

8.2.25 The choice of habitat type will be informed by landscape character, what is existing on the site and surroundings, soils drainage and aspect. Examples of the most common habitat types are:

• Trees/woodland
• Hedgerows
• Scrub
• Grassland
• Ponds

8.2.26 The consideration of recreational and visitor impact on habitat types proposed will be discussed as required in the consideration of the application of the Biodiversity Metric.

8.2.27 Where sufficient net gain cannot be delivered on site this will need to be evidenced through the illustration of design and layout options. Options for off-site provision are:

(a) Off-site land in the control of the applicant provided it meets the requirements for off-site provision

(b) Off-site land under the control of the local authority or a third party who in partnership with the Council agrees the land can be used for net gain provided it meets the requirement for off-site provision

Requirements for off-site provision

8.2.28 The land should preferably be located adjacent to the site (including within any blue line land). If this is not feasible, then the site should be located within a reasonable distance of the site. If this is not feasible, then the site should be within North Hertfordshire. The off-site provision site will need to be agreed with the LPA using the cascade approach above. The main priority for any off-site provision should be the conservation and enhancement of priority habitats and the Ecological Network as mapped by Hertfordshire County Council and the forthcoming Nature Recovery Network.

8.2.29 The land will be subject to a S106 agreement or similar unilateral undertaking to ensure delivery of the biodiversity management for a minimum period of 30 years. If required, the agreement will include a transfer of an agreed sum alongside a trigger point.

8.3 Therfield Heath SSSI Mitigation Strategy

8.3.1 Therfield Heath is a popular destination for recreational walkers at the west of Royston. This site is also a Site of Special Scientific Interest (SSSI) and is a significant archaeological site comprising prehistoric burial mounds, many of which are Scheduled Ancient Monuments. It is necessary to manage recreational disturbance to protect the notified features of the site, including through the collection of developer contributions.

8.3.2 The Council is working with Natural England and the heath's Conservators to develop a planning mitigation strategy to inform new developments within the SSSI's identified Zone of Influence (ZOI). Sites within the ZOI may be required to make appropriate contributions towards projects or approaches identified in the Strategy, or any other management strategy (or equivalent) produced for this area.

8.3.3 This approach may require schemes to make provision for and / or contributions towards:

• Enhanced open space provision within the development scheme;
• Contributions towards provision or projects within the SSSI to be delivered in agreement with Natural England and / or the Conservators of Therfield Heath;
• Alternate recreation provision or projects within Royston and the surrounding area that provide alternate open space, leisure routes and / or recreational opportunities.

8.4 Open Spaces

Current policy

8.4.1 The importance of good quality green space or 'green infrastructure' where we live has significantly increased over recent years, and this is reflected in the planning system. The climate crisis, biodiversity crisis and health crisis (including Covid-19) mean we all need multi-functional and good quality green space now more than ever to address the challenges of the physical and natural environment we live in.

8.4.2 Residents of new housing developments will generate additional needs and demands for open space, sport and recreation facilities. It is therefore important such facilities are sufficient, accessible, connected and enhance nature and biodiversity. Also critical to this is water management as well as climate mitigation and adaptation. There should also be activities for all to enjoy such as play, food production, recreation and sport so as to encourage physical activity and support good health, social inclusion and well-being.

8.4.3 Policy Nex: New and Improved Open Space states that planning permission will be granted for development proposals that make provision for new and/or improved open space which,

(a) Meets the needs arising from the development having regard to the Councils open space standards;

(b) Contribute towards improving the provision, quality and accessibility of open space ; and

(c) Incorporate any necessary open space buffer (s) for landscape, visual, ecological or air quality reasons

Any on-site provision must include a long-term maintenance and management plan and where required phasing plans to demonstrate delivery. Proposals for new open spaces which meet identified needs will be encouraged in suitable locations served by a choice of sustainable travel options. Financial contributions towards the provision of open space will be considered only where it can be demonstrated that the requirements of Policy NEX part (b) ii are met. Where a development is phased or a site is either divided into separate parts or otherwise regarded as part of a larger development, it will be considered as a whole for the purposes of open space provision.

8.4.4 In addition to Policy Nex above Policy SP9 Design & Sustainability requires Strategic Masterplans to create an accessible multi-functional green infrastructure network that provides:

• A key structuring and functional place-making feature supporting healthy lifestyles, sport, play and recreation linking into the wider green infrastructure network
• A high-quality integrated network to support ecological connectivity, biodiversity net gain, climate adaptation and mitigation linking into the wider Ecological Network.

Evidence Base

8.4.5 The NPPF advises that access to a network of high-quality open spaces and opportunities for sport and physical activity is important for health and well-being as well as wider benefits for nature and supporting measures to address climate change.

8.4.6 Planning policies should be based on robust and up-to-date assessments of the need for open space, sport and recreation facilities (including quantitative or qualitative deficits or surpluses) and opportunities for new provision. Information gained from the assessments should be used to determine what open space, sport and recreational provision is needed, which plans should then seek to accommodate. The following documents should inform both on-site and any off-site green space provision.

• The Councils Open Space Assessment 2022^[43] has updated the Open Space Review 2016. This audit has provided an updated mapping of open space typologies across the district and their accessibility and where deficiencies are located. The Open Space Assessment, which is mapped on the Council's GIS system, is accompanied by a series of Settlement Profiles which provide a more localised analysis of open space provision. The assessment and profiles will help to inform decision-making on open space provision on a site-by-site basis.
• The Council is updating its Playing Pitch Strategy and Action Plan 2018 which sets out playing pitch needs across the district and will be used to inform new playing pitch provision.
• There are a number of neighbourhood plans across the district that should be referred to for more detailed information on existing open space provision (quantitatively and qualitatively), local open space needs and where new or enhanced open space provision are required in policies and supporting evidence.
• The Council has publicised a number of green space action plans for key green spaces across the district. These set out a series of physical and management requirements to enhance the sustainability of each green space.

Open Space Standards

8.4.7 The Council is using the Fields in Trust Guidance for Outdoor Sport and Play Beyond the Six Acre Standard November 2020. This guidance sets national benchmark guidelines and guidance to ensure that the provision of open spaces is of a sufficient size to ensure its effective use and is located in an accessible location. The open spaces should be in close proximity to dwellings and be of a quality to maintain longevity to encourage its continued use.

8.4.8 These standards are shown below:

Open space standards for new development (hectares)

Requirements for equipped play

8.4.16 The table below sets out the application of equipped play standards to the scale of development.

8.4.17 Pre-application discussions are encouraged with the NHC Green Space Manager and planning officers to select what is appropriate for the site. The Council aim to provide larger play spaces where a LAP could be sensitively integrated into a LEAP (as play for toddlers can sometimes benefit from a buffer/separation area with play for older children). Stand-alone LAPS will in general only be considered on an exceptions basis where there is no appropriate accessible play provision.

8.4.18 Play areas should be designed using Play England's 10 principles for designing successful play space^[45]. Play areas should be located where there is sufficient natural surveillance from the street and neighbouring houses. Successful play spaces are located carefully to where children would play naturally and away from heavily trafficked roads, noise and pollution.

8.4.19 Children benefit from access to natural environments, features and natural play. In the right location grassy mounds, planting, logs, sand, trees, trunks and boulders can all help make a more attractive and playable setting for equipment where children can play in different ways and nature can also be supported. Play areas located in green space on natural through routes and by well used public footpaths work particularly well. Play can become part of the wider active landscape. Nature play can be introduced into new play spaces or incorporated into established ones. Maintenance and management plans will require a tailored approach, but costs can often be less than traditional play equipment.

8.4.20 In the calculation of playing pitch/outdoor sports Sport England's playing pitch calculator should be used to estimate demands that will be generated from the new development.^[46] This should be used in conjunction with the Councils Playing Pitch Strategy and Action Plan 2018 (or as superseded as this is currently being updated) to identify where the demands should be met in the locality. Consultation with Sport England, Town and Parish Councils and the relevant National Governing Bodies bodies will be required where appropriate^[47].

8.4.21 All schemes should have regard to these standards as a guide when proposals are developed. The standards should not be treated as a cap for open space provision. We will encourage provision at above minimum standards wherever possible.

8.4.22 For the avoidance of doubt, open space must be useable and accessible to the public (in perpetuity). SLOAP (space left over after planning) should not be present in a well-designed scheme. Every space should have a clear design function. SLOAP such as roadside verges and small areas of incidental land will not count towards public open space. Structural and peripheral landscaping footpaths and cycleways also will not be included, unless they form an integral part to a large area of open space.

8.4.23 In relation to sustainable urban drainage these need to be designed according to the latest CIRIA guidance, where possible they should also be a usable and accessible feature of public open space fully integrated into the site layout and green space network with a well-designed interface with the surrounding space. To be considered as such they should bring amenity, landscaping and biodiversity benefits as well as the technical elements required. This would include a naturalistic and landscape-led approach with carefully planted edges with appropriate habitat, shallow gradients and banks/beaches with perimeter pathways for any areas of permanent water. The area of SUDS to be counted as 'recreational' open space should be dry and usable for a significant majority of the time.

Qualitative provision of open space

8.4.24 Each application (using the relevant evidence base documents) will be considered on its individual merits taking account of the:

• Future demands for open space arising from the development
• Current quantity deficiencies in the area
• The quality of existing open spaces in the area
• Accessibility (distance) to existing open space provision

8.4.25 The table below provides definitions of the open space types.

8.4.26 The Council will encourage new housing developments to follow the 10 principles below aimed at achieving well-designed green space.

1) The retention and enhancement of existing green infrastructure (natural features) through the site

2) The provision of sufficient landscape, visual, noise, air quality and ecological buffers

3) A connected (edge to edge) seamless and accessible network of open spaces linked with pathways and routes within the site and to the surrounding area (including direct utility routes to key destinations and recreational routes to the wider green infrastructure network)

4) Centrally located, overlooked and enclosed open spaces and where appropriate on larger sites co-located with other uses such as schools and shops to encourage active design and social interaction

5) Create attractive and well landscaped gateway and 'focal point' open spaces to support legibility, wayfinding and social interaction

6) Create a habitat and ecological network/spaces that allow people to interact with nature every day and habitats and species to flourish with generous tree planting^[48] and hedgerows to provide multiple-functional benefits including cooling and shading, noise and visual buffers, perimeter boundary treatments and wildlife benefits

7) Use green corridors with footways and cycleways through the site to support active travel, include these as linear parks on larger scale sites

8) Sustainable urban drainage should be fully integrated into the site masterplan/layout and open space network and use above ground features to mimic natural drainage patterns, manage flood risk and maintain the natural water cycle, improve water quality and include measure to enhance habitat creation through aquatic and marginal planting.

9) Provide outdoor sports provision and MUGAs in co-ordinated and strategic locations to ensure access to sport and recreation

10) On larger sites plan and design for dog-walking and running routes of 2.7 km with the site and/or with links to surrounding public rights of way and the means to support physical activity and social interaction

8.4.27 For sites that require a Strategic Masterplan a Green Infrastructure Framework Plan will be required. This should clearly colour code the open space types that the application seeks to deliver in accordance with Fields in Trust standards as well as areas for sustainable urban drainage to inform the LPA of the proposed green space provision and design intent. The proposed site area (in hectares) should be provided for each open space and clearly referenced to the plan. Plans and supporting commentary should identify the character and function of new open spaces through specific names rather than a generic POS reference.

Financial contributions in lieu towards off-site provision of open space types

8.4.28 Where the Council considers it appropriate a financial contribution to be paid in lieu of on-site provision, towards new or enhanced provision off site within the vicinity of the development will be considered where the need arises directly from the development. Such financial contributions in lieu may be considered where the full amount of required open space cannot be realistically delivered on-site (e.g. the site is too small to provide a space of a functional size or improvements to a site in the local vicinity could adequately meet the open space needs generated by the development).

8.4.29 This decision-making will be informed by the relevant evidence base e.g. the Council's Open Space Assessment 2022, Green Space Action Plans, relevant Neighbourhood Plans and the Council's Playing Pitch Strategy and Action Plan 2018, or any subsequent equivalent documents. This will be considered on a case by case basis by North Hertfordshire Council's Greenspace and Planning teams, in consultation with relevant organisations such as Sport England, Town and Parish councils and National Governing Bodies as appropriate.

Maintenance and management of green space

8.4.30 The North Hertfordshire Council Green Space Management Strategy 2022-2027 sets out all sections of the community should have access to green space and experience its multiple benefits. Green space should be freely accessible to all the public and not be reserved for the private use of residents.

8.4.31 The council will consider the adoption and management of new strategic green space in the following circumstances:

• It is located within the four main towns of Baldock, Letchworth, Hitchin and Royston (and Great Ashby) and complements existing service maintenance operations.
• The green space is meeting a current deficiency and new provision would meet the needs of existing and new residents.
• The green space is meeting a strategic gap in the green space network and improving the quantity, quality and connectivity of the district's green space network.
• Where longer term revenue streams such as council tax can be effectively recycled back into the locality as part of place investment.
• Where other corporate objectives can be meet such as climate change, biodiversity and health and wellbeing.

8.4.32 For smaller green spaces and new green space in other settlements, other options should be considered and agreed on a site-by-site basis, such as parish councils and private management companies.

8.4.33 Allotments are often managed by Town or Parish Councils (or Allotment Associations), and it is recommended that they are consulted before submitting a planning application to discuss provision, local demands and design preferences (i.e. full or half plots).

8.4.34 Should new provision by adopted by North Hertfordshire Council or by a Town or Parish Council then a commuted management sum would be payable for a period of not less than 20 years with the contributions being given to the relevant body.

8.4.35 Please refer to Appendix B for current maintenance contract prices relating to open space. The Council will consider other management approaches such as private management companies. Such arrangements would require open space management in perpetuity.

8.5 Flood risk and management

8.5.1 Policy SP11 Natural resources and sustainability expects that development is directed at areas of lowest risk of flooding and that Sustainable Drainage Systems (SuDS) and other appropriate measures are in place. Applicants are required to work with the Lead Local Flood Authority (Hertfordshire County Council), the Environment Agency and Internal Drainage Boards at the earliest opportunity.

8.5.2 It is expected that any necessary flood mitigation measures are to be provided by the developer through on or off-site provisions to make the proposed development acceptable and this will be secured by planning conditions and/or legal agreement.

Where SuDS are required, on-going management and maintenance arrangements will need to be demonstrated.

8.6 Waterways

8.6.1 Policy NE9 Water quality and environment requires river restoration and resilience improvements where proposals are situated close to a river or considered to affect nearby watercourses. In some instances, contributions will be required towards these measures. These may also form part of a programme to deliver biodiversity net gain associated with new development.

8.6.2 In particular, there are a number of rare chalk streams in Hertfordshire. There are only around 200 such streams in the world of which 85% are found in the UK. The Environment Agency has been working with water companies and key partners to improve and restore chalk streams in the area. Contributions may be sought towards appropriate projects.

8.6.3 Developments may also need to incorporate improvements in the efficiency of water use, surface drainage systems and pollution prevention measures and such measures will be secured via planning conditions or legal agreement.

8.6.4 Applicants should work with the Council, the Internal Drainage Board and the Environment Agency where proposals affect water resources.

8.7 Other forms of Green Infrastructure

8.7.1 The subsections above refer to various forms of green infrastructure. However, these are not exhaustive. The provision of open space (in the context of Section 8.4), for example, relates to more formal, and mainly publicly accessible, opportunities within settlements or proposed developments.

8.7.2 The definition of Green Infrastructure is much broader than this. It includes green spaces outside of settlement boundaries such as areas of woodland, other key habitats or species-rich areas. These may or may not be publicly accessible. It also encompasses access links such as the rights of way network, long-distance paths and cycle routes and the broader setting of all of these assets in the landscape.

8.7.3 The Council may seek contributions towards projects identified in strategies and guidance. Where it is reasonable to do so, in this or any equivalent successor document.

8.8 Water supply and waste-water infrastructure

8.8.1 Local Plan Policy SP11 Natural resources and sustainability requires that the water environment is protected, enhanced and managed. The Water Cycle Studies for both the Rye Meads catchment area and Royston identify technical solutions that will be secured via planning conditions and/or legal agreement.

8.8.2 The Environment Agency's Catchment Data Explorer should be used to identify contributions that may be required by development proposals towards improvements to water resources.

8.8.3 Residential schemes are required by Policy D1 Sustainable design to meet or exceed the optional water efficiency standards. This will be secured by planning conditions and/or legal agreement.

8.8.4 Mechanisms for delivering any necessary new or improved water and/ or wastewater infrastructure, including foul water treatment and drainage disposal, may be required via planning conditions and/or legal agreement in accordance with Local Plan Policy NE10 Water Conservation and wastewater infrastructure.

8.9 Development on contaminated land

8.9.1 The Council will support proposals that involve the remediation of contaminated land in line with Local Plan Policy SP11 Natural resources and sustainability.

8.9.2 Where a contaminated land study/contaminated land risk assessment identifies required remediation works in accordance with Local Plan Policy NE11 Contaminated land, these will be secured through planning conditions and/or legal agreement. Remediation works may include measures to safely manage land contamination before, during and after development.

8.10 Climate change and renewable and decentralised energy

8.10.1 Local Plan policy SP11 Natural resources and sustainability supports proposals for low carbon energy and Policy D1 Sustainable design requires development proposals to reduce energy consumption and future proof for changes in technology and lifestyle. In securing such measures relating to design (including materials used) and the use of technology, the Council will use planning conditions and/or legal agreements.

8.10.2 Policy NE12 Renewable and low carbon energy development refers to renewable and low carbon energy development comprising wind, wave, tidal, hydro or solar power and biomass fuels. On larger schemes, there may be opportunities for decentralised energy. In line with the National Planning Policy Framework, any impacts of this type of development should be addressed. This may include the use of planning conditions and/or legal agreement to secure any mitigation measures.

8.10.3 The Hertfordshire Renewable and Low Carbon Energy Technical Study (or an updated study if superseded during the lifetime of this document) should be used when considering energy opportunity areas in the District.

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