Biodiversity – protection and enhancement of sites and habitats of high biodiversity and geodiversity importance

NE4 - Biodiversity – protection and enhancement of sites and habitats of high biodiversity and geodiversity importance NE4: Biodiversity – protection and enhancement of sites and habitats of high biodiversity and geodiversity importance 1. Development proposals must demonstrate how they will avoid adverse impacts on sites of nature conservation or geological interest. This policy applies to sites at all levels of importance including: a) international and national statutory designated sites, b) locally (non-statutory) designated sites of county importance, c) habitats of principal importance (as listed in section 41 of the Natural Environment and Rural Communities (NERC) Act 2006) 2. All development proposals in or potentially affecting a designated site or priority habitat must be supported by robust, proportionate and relevant, ecological desk studies, surveys and impact assessment, produced by suitably qualified and experienced professionals in line with published industry best practice guidance. 3. The highest level of protection will be given to sites of international and national importance. Considerable weight must be given to their protection. 4. Development proposals that would directly or indirectly harm statutory designated sites, will not be permitted, except for in exceptional circumstances. If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission will be refused. 5. Development proposals that would directly or indirectly harm locally (non-statutory) designated sites of county importance, will only be supported where it has been demonstrated that all the following apply: a) there could be no suitable alternative site for the proposed type of development, (and this has been demonstrated through a sequential site assessment, prioritising avoidance of ecological harm) and b) the need for and benefits of the development clearly outweigh the harm to the ecological or geological interest of the site, having regard to its importance and the extent of impact and c) the benefits are clearly and demonstrably of greater significance than the ecological or geological value of the site. d) it has been clearly demonstrated that the wider benefits of the development to the public, outweigh the harm to the biodiversity or geological conservation interests. e) the intrinsic natural features of particular interest are safeguarded and enhanced following the mitigation hierarchy. Ecological impacts are avoided or minimised, and those impacts which cannot be, will be mitigated and compensated for through a 2:1 area ratio and ‘like for better’. Compensation and enhancement should be on site, or as a last resort within the local ecological network. The retained, compensated and enhanced areas must be provided for through funded long term ecologically appropriate management and align with the specific priorities detailed in the Local Nature Recovery Strategy Statement of Biodiversity Priorities. 6. Development proposals that would directly or indirectly harm habitats of principal importance (also known as priority habitats) will only be supported if c), d) and e) of the above section applies. 7. Development proposals must seek to advance the priorities and measures of the Local Nature Recovery Strategy, both those which are mapped and coincide with the site as well as unmapped measures. 8. Sites of high biodiversity or geodiversity importance will be protected and enhanced via the use of appropriate buffers of natural habitat. The size of the buffer will be relative to the geographic scale of importance of the site, and habitat type. The buffer will provide protection during and post construction, as well as secure long-term enhancement of ecological functionality. Appropriate buffers will be case specific but will be a minimum of: a) Fifty metres for Sites of Special Scientific Interest (SSSIs) b) Fifty metres from ancient woodland unless local circumstances justify otherwise, c) Thirty metres for sites of local importance. Development proposals in or potentially affecting a site / habitat of county importance must be accompanied by ecological survey results and a report identifying how a site performs against the Local Wildlife Site Selection Criteria for Buckinghamshire. The findings will need to be verified by the council’s ecologists. To enable verification, access to the land must be given to the council’s ecologists and any specialist assistants they require, during the survey season. Should the site meet the Local Wildlife Site Selection Criteria for Buckinghamshire, it will be given the same consideration in decision making as if they were designated. 9. The council will use planning conditions to secure biodiversity enhancements to deliver this policy where on site or Section 106 Agreements where off site. A monitoring and management plan will be required for biodiversity features to ensure their long-term suitable management (secured through planning conditions or Section 106 Agreement). 7.164 The conservation and enhancement of the natural environment is a core objective of the Local Plan and an essential component of the measures to mitigate climate change. 7.165 Biodiversity gain and nature recovery are integral to sustainable development and delivering other services to people and the environment. Biodiversity is the variety of life on earth, including plants and animals, the variety within and between species, and the diversity in ecosystems (the complex systems formed by interactions between living things and the inanimate world). Geodiversity is defined as the variety of rocks, minerals, fossils, soils, landforms and natural processes. 7.166 Designated sites, important habitats (and protected species -see policy NE4) form a vital part of the biodiversity and geodiversity resource of the county. The Council supports the creation, restoration, retention, protection and extension of all areas designated internationally, nationally and locally as well as all Habitats and Species of Principal Importance within the county. 7.167 This policy applies to the following: Sites / habitats of national importance a) Special Areas of Conservation (SAC) b) National Nature Reserves (NNR) c) Sites of Special Scientific Interest (SSSI) d) Designated Chalk Streams Sites / habitats of county importance a) Local Wildlife Sites (LWS) b) Biological Notification Sites (BNS) and potential Local Wildlife Sites c) Local Nature Reserves (LNR) d) Local Geological Sites (LGS) e) Ancient Woodland, ancient or veteran trees 7.168 UK Biodiversity Action Plan (BAP) Priority Habitats (Habitats of Principle Importance defined in the Natural Environment and Rural Communities Act (2006) as amended by subsequent legislation). 7.169 For clarity, all habitats and sites covered under the Buckinghamshire and Milton Keynes’s Local Nature Recovery Strategy (LNRS) as Areas of Particular Importance in the LNRS mapping are covered by this policy. 7.170 The policy sets out a buffer for SSSIs of fifty metres and thirty metres for local sites. 7.171 The policy also sets out a buffer for ancient woodlands, in line with the Woodland Trust guidance; it will be for applicants to demonstrate the justification for any smaller buffer, or other equivalent mitigation measures in accordance with best practice guidance to ensure that the ancient woodland is not harmed. 7.172 Standing advice from Natural England and the Forestry Commission states that at least fifteen metres buffer should be provided for root protection but that other impacts are likely to require greater buffers. The size and type of buffer zone should vary depending on the: a) scale and type of development and its effect on ancient woodland. b) ancient and veteran trees character of the surrounding area. 7.173 For example, larger buffer zones are more likely to be needed if the surrounding area is: a) less densely wooded b) close to residential areas c) steeply sloped 7.174 Where a planning application comes forward which would impact upon a BNS, the application must come forward with an assessment of the site against the LWS criteria: a) if the site is considered (and agreed with the LPA) to meet the criteria it will be a 'potential LWS' and will be considered in policy terms as if it were an LWS, b) if it does not meet the criteria (and this is agreed with the LPA), the site will not be considered as worthy of LWS importance for the planning application and the removal of the BNS designation will be considered at the next LWS selection panel. c) At the time of submission of development proposals, survey data must be passed to the Buckinghamshire Milton Keynes Environmental Record Centre in a suitably formatted excel spreadsheet.