Comment

Representation ID: 22160

Received: 06/10/2021

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

This policy seeks to prevent development that would result in harm to 'footnote 8' nature conservation designations, which is aligned to the requirements of the NPPF as well as regional and locally designated sites.

2.10. It is noted that ENV1(3) sets out that 'exceptionally, the strategic benefits ofa development
clearly outweigh the importance ofa local nature conservation site, species, habitat or geological feature, damage must be minimised Any remaining impacts, including any reduction in area, must be fully mitigated. Compensation will only be accepted in exceptional circumstances. A mitigation strategy must accompany relevant planning applications'.

2.11. We consider that the above approach should have been taken where the council were seeking to release non previously developed land in the Green Belt in nearby Ped more (see representation made by the Worcester Lane Resident's Group). However, despite this, the council sought to avoid all such sites within the development boundary (whether previously developed or not) as a starting point, which we consider it incorrect. Instead, within the 'hierarchy' of constraints, we consider that Footnote 8 sites should be initially avoided, where exceptional circumstances should exist in order for them to be considered for allocation. This has, in our view not been followed when considering the additional land at New Hawne Colliery for allocation. The site is not a Site of Special Scientific Interest, it is not properly managed and is regularly subject to anti-social behaviour leading to damage to the site, including fly-tipping, fires, trespass and graffiti.

Surely, in this case, the better approach would be to pragmatically look at how the site would benefit from management and longer-term protection, as well as improved public access and improved and more diverse landscaping and planting, and the introduction of specific artificial habitats such as bat and bird boxes.

2.13. The council are aware that the colliery buildings are host to bats, and yet this has not prevented this part of the site being proposed for residential development. However, this starting point appears to have been 'preventative' for the remainder of the colliery to the north. To that end the landowners will be providing a more holistic ecological walkover survey to demonstrate where development could go within the site, whilst not significantly undermining its verdant character and quality, nor its habitat potential.