Draft Development Contributions SPD - September 2022

My comments on the SPD are below

SPD wording: 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%.

NPPF 174 states that net gain is a requirement of planning. The Env Bill sets this level at a 10% uplift in ecological units. Under NPPF each LPA can set the net gain bar as high as it wants, it is not dependent on the Environment Bill to legitimise this figure. If you state ‘the council are encouraging 10%’ developers will ignore it and revert back to 0.000001% as net gain, until the Env Bill supporting legislation is enacted. Be more definitive here. Suggest change to:

Suggested change to: 8.2.7 The local plan and NPPF state that net gain is a requirement of planning, which must be determined by utilising the Natural England Biodiversity Metric. In accordance with the Environment Act 2021, the council will require development to reach a minimum 10% uplift in habitat units to achieve biodiversity net gain.

Minor changes/clarifications suggested below:

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. Any negative habitat modification after January 2020 will refer to the worst case scenario habitat baseline at that date – in accordance with the Environment Act.

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 type 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. All habitat types selected must be justified with survey evidence i.e. species lists, relative abundances, community descriptions and photographs. These must correlate with UK Habitat Community descriptions. For the avoidance of doubt, National Vegetation Communities MG1, MG6 and MG10 must be recorded as other neutral grassland, in accordance with UK Habitat Community descriptions. All condition assessments must be supported by condition assessment sheets for each habitat parcel and justified with survey evidence. Unrealistic condition scores in the time available, flagged by the submitted metric, will not be accepted. Habitat enhancement will only be permitted within the same habitat type, e.g. grassland to better quality grassland (improving low value habitats to medium value habitat and above should always be recorded as habitat creation).

8.2.17 A BNG plan (or proposed habitats plan) should be provided that clearly cross references to the individual lines of 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.

• Utilise domestic scale features to support wildlife, such as integrated bat and bird boxes/bricks and invertebrate boxes[42]

All these changes will improve the functionality of the SPD.