Policy ENV3 – Nature Recovery Network and Biodiversity Net Gain

Comment

Representation ID: 11385

Received: 30/09/2021

Respondent: Mr David Miller

What about preserving or increasing the Green Belt. Locally grow food is the best way to counteract climate change .

Comment

Representation ID: 11648

Received: 04/10/2021

Respondent: Sheila Smith

Having only just finding out about the destruction of Reedswood Park and the wildlife being killed for more housing being built I OBJECT to the plans.

Comment

Representation ID: 11728

Received: 08/10/2021

Respondent: Walsall MBC

Great to see Local Nature Recovery Network policies in advance of the Environment Bill ratification, and the policy about 10% net gain requirment.

Object

Representation ID: 11915

Received: 10/10/2021

Respondent: Ms Julie Edwards

I think we need to have policies which take into account the impact on bio-diversity and long term effects on nature, the planet, sustainable energy.

Support

Representation ID: 12030

Received: 10/10/2021

Respondent: Miss Emma Thompson

As per Wildlife Trust's response

Object

Representation ID: 12179

Received: 11/10/2021

Respondent: The Woodland Trust

We welcome inclusion of a policy on biodiversity net gain. We note that you have specified a minimum of 10% biodiversity net gain, as is likely to be required in the Environment Bill when it is enacted. However, like most other conservation organisations, we prefer to see a minimum of 20% net gain, in order to ensure that significant benefits for wildlife are delivered by all developments.

We believe that a higher BNG requirement (ie 20%) would be justified in the case of the Black Country, which is a highly industrialised area which currently has quite low levels of biodiversity.

Comment

Representation ID: 12657

Received: 29/09/2021

Respondent: Chris Beebee

In part due to the arboretum we have a great variety of wildlife including [Redacted-sensitive information] and many different types of birds, you can hear the joy of children visiting the park when they see sheep, horses and cows grazing on the land you want to develope.

Comment

Representation ID: 12733

Received: 06/10/2021

Respondent: Dr Gill Pearce

Turn urban Forrest’s and parks over to the forestry commission who are experts.

Comment

Representation ID: 12999

Received: 10/10/2021

Respondent: Narinder Badyal

Developing Calderfields would result in a loss of nature conservation.

Object

Representation ID: 13676

Received: 08/10/2021

Respondent: Lichfield & Hatherton Canals Restoration Trust

Under policy ENV3 paragraph 4 there is an implied assumption that developments will always have a negative impact on the Nature Recovery Network and/or Biodiversity. In respect of canal restoration, it is highly likely that the development will have a positive impact. Thus, we propose amendments to paragraph 4 to ‘Development that is likely to have a negative impact on biodiversity and/or on nature connectivity will be considered in accordance with the mitigation hierarchy set out in the NPPF’.

Object

Representation ID: 13844

Received: 11/10/2021

Respondent: Living Space Housing Ltd

Biodiversity Net Gain is an important approach to improving the natural environment and ensures the future of local habitats. The emerging Environment Bill states that the relevant percentage for Biodiversity Gain is 10%3.
The Councils should be aware of the cost implications that Biodiversity Net Gain can have on an
otherwise viable scheme. It can result in lower unit numbers or the requirement to acquire additional land for off-setting, which can come at a great cost to a developer. Therefore, the Policy should provide some flexibility. This is particularly in relation to the proposed allocations within the Green Belt, such as WOH264. The draft allocation request a high-density scheme which will make contributions to Green Belt betterment. At this time, the extent of this contribution is unknown.
Therefore, having to meet a requirement of 10% biodiversity net gain on top of this will mean having to compromise on either density or contributions. The Councils need to ensure that the proposed policies and allocations work in conjunction with each other in order to be sound. As presented, the proposed density requirements, biodiversity net gain requirements, and green belt betterment initiative are in conflict with one another when it comes to the proposed allocations.

3 Schedule 14, Part 1, page 227 of the emerging Environment Bill – Schedule 7A, Part 1, paragraph 2(3) to be inserted in the Town & Country Planning Act 1990

Comment

Representation ID: 15082

Received: 09/10/2021

Respondent: Carol Bishop

Whilst in principle I appreciate that new homes are required and people need jobs for the future I feel that too little emphasis throught the whole document and policies has been placed on the natural world and environment and much more ambition is required throughout the region to protect and enhance whatever greenbelt and limited access to wild places we have.

More tree planting, hedge planting, creating wildlife havens, provision of nesting sites, cleaning and enchancement of waterways either rivers or canals across with region and throughout all developments be they industrial, commercial or housing. Furthermore I would like to see more provision for small scale but vital food production areas included such as more allotment plots, community orchards and micro farms/small holdings as these are crucial to health and wellbeing and food security and local children particularly need opportunities to see and be involved in the production of food.

In addition micro parks should be included in housing developments and houses should be required to have and maintain hedges and trees within their boundaries as well as communal areas.

Biodiversity should be increased and achieving this should be a priority in granting any planning application be it residential, commercial and industrial. Furthermore plans should be in place to ensure the quality of the existing green infrastructure with the inclusion of adding more street trees, wild flower verges and hedge planting. Make it a priority to beautify and green up the black country with big plans for big green projects including involving the local wildlife trusts, the woodland trust and other such organisations such be at the core of any future planning by the black country boroughs, it should be at the heart of everything each of these councils plan to do for the future and sadly studying the draft Black Country Plan it felt like the natural world was an after thought, something on the margins not at the heart of things where it should be.

I hope my comments will be considered and ambition to make the Black Country beautiful, bio diverse and a good place to life and work will be at the forefront of any planning for the future not an after thought.

Comment

Representation ID: 15298

Received: 11/10/2021

Respondent: Natural England

Policy ENV3 – Nature Recovery Network and Biodiversity Net Gain
We welcome this policy. Nature Recovery Network
We advise including the Natural England’s Midlands Heathland Heartland partnership and the Purple
Horizons Nature Recovery Project within the policy. This project aims to create, enhance and connect up fragmented heathland habitat and other wildlife rich habitats between Cannock Chase and Sutton Park which will benefit local communities in escaping the urban environment to ‘recharge their internal resilience through nature’. The project will link and buffer existing sites while creating a network of further complementary habitats, while also providing new public access and recreational opportunities and health benefits. This links in with the government’s 25 Year Environment Plan and the Council aims to facilitate nature recovery networks. See Annex 1 for further information on the project.

Walsall council’s local sites receive high numbers of visitors and are in prominent places in the community so the project work provides an opportunity to demonstrate the approach that can be rolled out more widely into the future. The Purple Horizons heathland restoration work offers the council the opportunity to build on the works done to date by Walsall council who have gradually moved away from an intensively managed public open urban greenspace practice to a more biodiverse acid grassland
and heathland mosaic. These works will create important stepping-stones between protected sites that exist between Cannock Chase SAC and Sutton Park SSSI that include: Cannock Extension Canal
SAC/ SSSI, Jockey Fields SSSI, Clayhanger SSSI, Chasewater and The Southern Staffordshire
Coalfield Heaths SSSI, Sutton Park SSSI & NNR, Gentleshaw Common SSSI, Stubbers Green Bog
SSSI, Daw End Railway Cutting SSSI and Swan Pool and the Swag SSSI.

Barr Beacon Local Nature Reserve. This site offers significant heathland restoration opportunities as part of the Local Nature Recovery Strategy for the area. Natural England’s national recovery area project – Purple Horizons has identified Barr Beacon Local Nature Reserve as a site that should be doubled in size to accommodate new heathland and species rich habitat mosaics to be created.

Biodiversity Net Gain

In regards to net gain, we would advise that you include add the following within the policy:

• It needs to be clear within the policy that biodiversity net gain is not applied to irreplaceable habitats and it should also be made clear that any mitigation and/or compensation requirements for European sites should be dealt with separately from biodiversity net gain provision.
• The policy should set out how biodiversity net gain will be delivered and managed through the lifetime of the scheme.
• Requirements to monitor biodiversity net gain should be included within the policy. This should include indicators to demonstrate the amount and type of gain provided through development.
The indicators should be as specific as possible to help build an evidence base to take forward
for future reviews of the plan, for example the total number and type of biodiversity units created, the number of developments achieving biodiversity net gains and a record of on-site and off-site contributions.

Please note that The Biodiversity Metric 3.0 is now available and replaces the beta Biodiversity Metric
2.0 (JP029) published in 2019. We would advise updating the policy accordingly.

Comment

Representation ID: 16556

Received: 11/10/2021

Respondent: Friends of the Earth Stourbridge

Environmental Transformation and Climate Change: (BC Plan pg. 201-295)
Dudley will be required soon to produce a Local Nature Recovery Strategy as part of
a requirement to meet biodiversity targets. Our Local Plan should aim to reduce
greenhouse gases, restore nature and increase resilience to extreme weather
events.
Dudley MBC should manage the land they own and have control over in a way that
helps nature and increases biodiversity such as managing roadside verges for
wildflowers, planting trees, developing meadows, preserving and increasing
designated nature reserves. The Council has a substantial role in deciding how land
is used in an area, particularly when it comes to the Local Plan. In this way Dudley
can make a significant contribution to nature restoration. The government's
Environment Bill places extra emphasis on the role of the local council in nature's
recovery.
The Local Plan needs to protect all wildlife in the area and ensure its abundance
across all rural, suburban and urban landscapes. This means ensuring that places
like nature reserves are not lost or damaged by development, but also aiming to
increase space for nature outside of designated nature reserves and biodiversity
hotspots. Creating networks of nature corridors for wildlife to move through can help
with this, as can protecting green open spaces and the green belt from
development. More and better access to nature and green spaces also has public
health benefits.
Dudley MBC needs to identify how nature can help mitigate against extreme
weather. For example, flood plains, wetlands and increased tree cover can act as
natural flood defences. Creating green open spaces and planting trees lowers
temperatures and so in built up areas can be effective in mitigating heat islands.
Dudley MBC can also integrate nature restoration into activities like grass cutting and
hedge trimming. Cutting grasses at the right time of year and in the right ways can
help wildflowers and associated wildlife thrive, while bad and untimely grass and
hedge management can set back ideal conditions for nature for years for example
the wildflower meadows currently in preparation at the 3 Fields, near the Roman
Road site in Stourbridge.
Only 7% of Dudley area, including greenbelt, has tree cover but Friends of the Earth
UK have identified an additional 62 hectares of land (1 hectare = a football pitch) in
the Borough which may be suitable for new woodlands. Some of these areas are
extensions of existing woods and green space such as Iverley, near Racecourse
Lane, opposite Norton Covert, Wychbury Hill, Gibbett Lane, Botts Farm, The Clump,
Mount Pleasant and Ridgehill Wood. More information can be found here.
https://takeclimateaction.uk/woodland-opportunity-mapping-england
We urge Dudley MBC to protect all greenbelt land carefully and to fully assess the
biodiversity impact of new development on brownfield sites as well as greenbelt.
Friends of the Earth Stourbridge: 11.10.21:
8
We want Dudley to double tree cover on council-owned land, update local planning
strategies to significantly increase tree cover across the Local Authority area, and
ensure existing trees are properly protected in order to store carbon, support nature,
aid flood protection and deliver mental health benefits.
Dudley MBC should transition to organic weed management on council-owned land,
streets and verges by eliminating the use of herbicides such as glyphosate for weed
management. This will help to increase biodiversity and draw down carbon pollution.
It can provide a significant boost for pollinators and other wildlife to manage parks,
and other green spaces as well as grass verges with nature in mind. Development of
new meadows alongside other designated nature reserves would increase potential
for bio-diversity.
We would like to see Dudley’s Green Care produce a pollinator action plan as part of
their management strategy. They can also influence other land owners including
schools and colleges to manage their grounds for nature. By eliminating the use of
herbicides and pesticides in their parks, playgrounds, verges and green spaces to
protect residents’ health as well as help plant and wildlife.
Dudley MBC has limited green space and it must protect existing local green spaces,
the green belt and locally designated nature sites, and ensure public access to local
authority owned green spaces, including golf courses. Dudley needs new good
quality green spaces in areas which fall short of recommended minimum levels (2
hectares of green space within 5 minutes’ walk), particularly in areas where people
have less access to private gardens.
Dudley Borough has more than 6 neighbourhoods which are identified as deprived of
green space which is essential for physical and mental health. They are:
o Cradley West and the Hayes
o Cradley East
o Stourbridge Town and the Old Quarter
o Brierley Hill
o Kates Hill
o Upper Gornal and Ruiton
o Wordsley and Buckpool
o Dudley Town
o Russells Hall
This is again a matter of social justice. A Friends of the Earth study found that
persons of Black, Asian or minority ethnic (BAME) people are more than twice as
likely as a white person to live in areas in England that are most deprived of green
space. The research also found a correlation between income and green space
rating, although it is not as strong as for ethnicit

Support

Representation ID: 16775

Received: 11/10/2021

Respondent: Swanwatch

We are an organisation that rescues and looks after the interests of wildfowl and other wildlife across the West Midlands. We support The Black Country Local Nature Recovery Opportunity Map (draft April 2021) included in this document and the principles of rewildling urban areas instead of creating more houses on such areas that have been vacant of human intervention for many years.

Support

Representation ID: 17047

Received: 20/09/2021

Respondent: Friends of Sheepwash Nature Reserve

The proximity to such sites is noted at the end of this consultation Black Country Local Nature Recovery Opportunity Map (draft April 2021. WE FULLY SUPPORT THIS PART OF THE PLAN AND ITS INCLUSION.

Comment

Representation ID: 17112

Received: 11/10/2021

Respondent: Tarmac Trading Ltd (Sharne Sahajpal)

Agent: Heatons

The BCP acknowledges the Environment Bill, with particular regard to the requirement for 10% uplift in habitat quality where sites are being developed. Policy ENV3 of the BCP focuses on the plans ‘Nature Recovery Network and Biodiversity Net Gain’, stating in Point 2, the need for all development to deliver a minimum of 10% net gain in biodiversity value when measured against baseline site information. Point 5a and 7 of this policy is of particular pertinence to the purpose of this letter; they read:
“5) Biodiversity net gain shall be provided in line with the following principles:
a) A preference for on-site habitat provision / enhancement wherever practicable, followed by improvements to sites within the local area; and then other sites elsewhere within the Black Country;
7) Compensation will only be accepted in exceptional circumstances. Provision of off-site compensation should not replace or adversely impact on existing alternative / valuable habitats in those locations and should be provided prior to development”
THE SITE’S ROLE IN BIODIVERSITY BENEFITS
As stated above, the BCP aims to deliver 47,837 homes and 355Ha of employment land within the Black Country. The Sandwell Draft Policies Map and the Dudley Draft Policies Map illustrates the proposed housing allocations under Policy HOU1 of the BCP. From reviewing the BCP and the draft Policies Maps, we found that within a 2km radius from the centre of our client’s site, there are 11 housing allocations, stretched across the authorities of Sandwell and Dudley. These allocations total a potential housing delivery of 1095 homes across the plan period. The closest of these sites being the former Edwin Richards Quarry (SAH100) with capacity for 281 homes, and an indicative delivery timescale of 2026-2032.
Considering the emerging legislation in relation to biodiversity net gain, and the extensive level of growth required within the emerging plan period, it is considered reasonable to assume that there will be a requirement for off-site compensation to be achieved in coordination with new development.
A description of the site and its history is provided at the beginning of this letter. Our client seeks to promote this site for biodiversity off-setting in accordance with the emerging legislation set out above. Promotion of the site for biodiversity enhancement is considered to support the environmental objectives of the district and county council, particularly in relation to Policy ENV3 of the emerging BCP.

Comment

Representation ID: 17186

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

PART TWO Biodiversity and habitat
The document makes reference to net gain to compensate for losses describing Policy ENV3 ­
Nature Recovery Network and Biodiversity Net Gain. (Page 213) while seeking that "All development
shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site
information". There is recognition of the challenges in para 10.49; it can be challenging to establish
new habitats. It is essential that the most important and irreplaceable habitats in the Black Country
are protected, and so mitigation rather than retention will not be appropriate in some circumstances.

We would suggest that mitigation will not be appropriate in this particular circumstance. The
following account of bird life prepared by Walsall Arboretum User Group members, which includes
birds of concern suggests that retention is by far the best strategy. [REDACTED-SENSITIVE INFORMATION] feed in these field nearly on a daily basis. In the autumn and winter months and leading up to spring large flocks [REDACTED- SENSITIVE INFORMATION] aIso use these fields on a daily basis. Flocks [REDACTED- SENSITIVE INFORMATION] inhabit the treeline and hedge between the Arboretum and the fields and the fruiting hedge between the two fields. This hedge acts as a useful food source in the autumn and a roosting sight
for winter [REDACTED-SENSITIVE INFORMATION] birds are RSPB Red Listed species (Birds of Conservation
Concern 4 (BoCC 4)) and are categorised as sharply declining and of major concern. Indeed, we have
noticed falling numbers of these species over the last 20 years as it is. Fields [REDACTED-SENSITIVE INFORMATION] represent some of
the avian biodiversity in this wider landscape, all linked in with the new housing developments
areas. All these species above are unlikely to survive the further encroachment of built-up areas.
We could offer similar accounts of wildflowers, butterflies and insects, but suggest the bird life account may be proxy for all.

Support

Representation ID: 19404

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.5 - "generally support the approach to improving biodiversity in conjunction with development proposals"

Object

Representation ID: 19405

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.6 - "Paragraph 10.39 identifies that the Black Country authorities have commenced work on a Local Nature Recovery Network Strategy but this is yet to be concluded." "It would appear that the approach in the plan is making an attempt to predict a policy context which is at the early stages of development and when the ultimate policy context may be significantly different."

Object

Representation ID: 19406

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.7 - Comments in relation to the reference map appendix 18 - Poor resolution of the map due to the scale and a concern expressed about how the plan will reconcile new housing schemes against the need to create enhanced ecological networks. "In addition, much of the evidence relating to these matters has not yet been published and at present it remains an untested map produced by the Wildlife Trust for Birmingham and the Black Country and the local Environmental Records Centre. This is not a sufficient basis for what could be a significant Plan policy which has ramifications for strategic and local development."

Object

Representation ID: 20979

Received: 11/10/2021

Respondent: Dr Baljit Bhandal

Agent: Harris Lamb

Policy ENV3 – Biodiversity net gain
This is a new requirement and will see the amount of land needed to achieve this increase. This will be true on brownfield and greenfield sites, with brownfields sites often being quite interesting from an ecological perspective for all manner of reasons. This also questions whether the 80% net area assumption is sound.

Support

Representation ID: 21207

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Avison Young

Policy ENV3 – Nature Recovery Work and Biodiversity Net Gain

Our Client supports the principal of net gain and the 10% target which will shortly be mandated nationally. It also supports the principal of calculating net gain using the national Biodiversity Metric, assuming the Draft Plan is referring to the Biodiversity 3.0 metric provided by DEFRA, to ensure a consistency of approach between Local Authorities. The policy should be updated to make specific reference to this metric.

Object

Representation ID: 21250

Received: 11/10/2021

Respondent: Newlands Developments

Biodiversity Net Gain
NPPF Paragraph 32 advises that Local Plans should address relevant environmental objectives, including opportunities for net gains. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered). Moreover, Paragraph 174 advises that planning policies and decisions should contribute to and enhance the natural and local environment by minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.

As such, it is considered that draft Policy ENV3 (Nature Recovery Network and Biodiversity Net Gain) is not consistent with national policy as it requires all development to deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. The NPPF places no requirement on development proposals to deliver a notional target of a 10% net gain. It is therefore considered that draft Policy ENV3 should be amended to simply require all development proposals to achieve a biodiversity net gain.

Comment

Representation ID: 21269

Received: 11/10/2021

Respondent: Redrow Homes Ltd

Agent: Savills

Policy ENV3 – Nature Recovery Network and Biodiversity Net Gain
This Policy requires development to deliver the Local Nature Recovery Network Strategy and development is expected to deliver benefits appropriate to the zone they are located. However, the Black Country Strategy is not listed as a key evidence document and although a plan is provided at Appendix 18, it is unclear what development will be required to do in order to meet the requirements of Policy ENV3. Further clarity is sought on the requirements for ‘Core Expansion Zones’.

The Policy requires sites to achieve a biodiversity net gain of 10%. Any proposed uplift requested by the Council needs to accord with national policy unless evidence is provided to justify a different figure. As the Environment Bill has not yet been passed, the Council will need to monitor its position and amend the uplift requirement accordingly.

We consider that Point 7 should refer to “where viable” in regards to providing compensation prior to development.

Comment

Representation ID: 21299

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy ENV3 – Nature Recovery Network and Biodiversity Net Gain

This Policy seeks to avoid harm to the Black Country Authorities natural assets and ensure their conservation, enhancement and restoration via measures related to individual development proposals, delivering upon the NPPF provisions for the natural environment (Chapter 15). Reference is made to the 10% biodiversity net gain requirement currently proposed by the Environment Bill which is progressing through Parliament. As this Bill remains subject to amendments the Policy should ensure it reflects the up-to-date national requirements as the draft BCP progresses.

Comment

Representation ID: 21349

Received: 11/10/2021

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

POLICY ENV3 – NATURE RECOVERY NETWORK AND BIODIVERSITY NET GAIN
WDH notes that Policy ENV3 requires new developments to deliver a 10% biodiversity net gain. Whilst the intention of that policy is understood, a 10% net gain is not yet required by national policy or legislation (given that the Environment Bill has not yet been passed), and as such that requirement will need to be evidenced and justified. Rather, it would be more suitable for Policy ENV3 to require a biodiversity net gain “in accordance with the most up-to-date national policy or legislation” both to ensure consistency with national guidance and to future-proof the policy.
Policy ENV3 states that off-site compensation is only to be accepted in “exceptional circumstances.” That is too high of a threshold for such a policy (and is to be used for matters such as Green Belt release) and that, notwithstanding that, further guidance in relation to the mechanism for delivering biodiversity compensation should be included in the policy or supporting text to provide developers with certainty on that process.

Support

Representation ID: 21673

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Support: WTBBC welcome the inclusion of Policy ENV3 Nature Recovery Network and Biodiversity Net Gain, and that WTBBC were invited to provide wording for the policy during the preparation of the Draft BCP. The policy will necessarily be required to be updated for the Publication BCP in response to emerging guidance and legislation relating to Nature Recovery Network and Biodiversity Net Gain (notably the government’s Environment Bill expected to receive Royal Assent in autumn 2021). WTBBC are able to provide further support to the BCA regarding Policy ENV3 during the preparation of the Publication BCP.

Comment

Representation ID: 21769

Received: 11/10/2021

Respondent: St Philips

Agent: Lichfields

3.17 Draft Policy ENV3 states that “all development shall deliver a minimum 10% net gain in
biodiversity value when measured against baseline site information.”

3.18 St Philips supports the principle of biodiversity offsetting through Biodiversity Net Gain (‘BNG’).
However, the BCP should not pre-empt the Government’s requirements on BNG, set out in the
2019 Environment Bill.

3.19 An example of this pre-emption concerns Milton Keynes Council, whereby the Milton Keynes Local Plan included a policy (Policy NE3) that required BNG; albeit, it did not specify the level required. In its decision-making, the Council had sought to have regard to the 2019 Environment
Bill which referred to a 10% BNG after development compared to the level of biodiversity prior to development taking place. In an appeal at Land at Brickhill Street, South Caldecotte,28 the
Inspector concluded that:

“Whilst the Environment Bill is a material consideration, it is not yet law. I attach greater weight to the adopted Plan:MK Policy NE3, which does not set out any specific level of biodiversity net gain.” (IR42)

3.20 In essence, draft Policy ENV3 should be cautious in its approach to proposing a BNG policy requirement in advance of the Environment Bill passing in law. In this context, the BCA should not deviate from the current proposals on BNG as set out in the Environment Bill, and should certainly not specify a requirement above 10%. Consequently, the prefix “a minimum” should be deleted.

3.21 Moreover, it may not be possible for all sites to provide BNG on-site. The BCA should apply proportionality in their application of planning policy. Sites without reasonable opportunities to achieve biodiversity net gain should not face risks of delay through rigid or prescriptive requirements. Therefore, a policy approach to BNG should include provision for off-site contributions to mitigation, where this is appropriate and required.

3.22 Furthermore, consideration should also be given to the provision of a comprehensive package of strategically located habitat banks across the BCP area. Without a comprehensive network of these, it will be difficult for developments that require off-site mitigation to deliver this and therefore could render some otherwise deliverable sites to be undeliverable.

3.23 Draft Policy ENV3 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy

Comment

Representation ID: 22193

Received: 11/10/2021

Respondent: Druids Heath Golf Club

Agent: Harris Lamb

Part 2 and 3 of the policy duplicates the provisions of the emerging Environments Bill. Once the Bill is adopted it will require 10% biodiversity net gain. Dual regulatory control is inappropriate. As such parts 2 and 3 of the policy should be removed.

Measures to achieve biodiversity net gain on site could reduce coverage and consequently the number of units. This matter needs to be carefully considered in light of the draft Plans density aspirations.