Development and the Natural Environment

1
Development and the Natural Environment

• Richard Hall,
• Regional Policy Senior Specialist,
• Natural England

2
Natural Englands role and responsibilities

• Natural England (NE) was created by Natural
  Environment and Rural Communities (NERC) Act 2006

3
Natural Englands role and responsibilities

• Natural England is a statutory consultee for
  developments which
• Are likely to have a significant effect on sites
  or species protected under the Conservation
  (Natural Habitats c.) Regulations 1994, as
  amended
• Are likely to affect Sites of Special Scientific
  Interest (Wildlife and countryside Act 1981 as
  amended by CRoW 2000)
• Require Environmental Impact Assessment (EIA)
  (Town and Country Planning Environmental Impact
  Assessment England and Wales Regulations 1999)
• Are prejudicial to natural beauty in National
  Parks and AONBs (National Parks and Access to the
  Countryside Act 1949)
• For minerals and waste applications only would
  result in the loss of best and most versatile
  land, or where agriculture is one of the proposed
  after-uses (Schedule 5 to the Town Country
  Planning Act 1990 (as transferred from Defra by
  Part 8 the NERC Act 2006).
• Plus we have a duty to advise Ministers and
  public bodies on such matters relating to the
  countryside as we see fit (Countryside Act 1968)
• Consultation with NE (and other conservation
  bodies) is discretionary, although advisable, for
  developments which are likely to impact upon
  wider biodiversity, landscape, access and
  recreation

4
Our extent of interest includes...

• PPS1 (2005) Delivering Sustainable Development
• Supplement to PPS1 (2007) Planning and Climate
  Change
• PPS7 (2004) Sustainable Development in Rural
  Areas
• PPS9 (2005) Biodiversity and Geological
  Conservation
• PPS9 Good Practice Guide
• Government Circular ODPM 06/2005
• PPS12 (2008) Local Spatial Planning plan for
  physical, social and green infrastructure
• PPS22 (2004) Renewable Energy
• PPS25 (2006) Development and Flood Risk
• PPG17 (2002) Planning for Open Space, Sport and
  Recreation

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What we are looking for in...Development

• Hierarchy of outcome objectives
• Avoid impact
• Mitigate for unavoidable impacts
• Where overriding need for development
• Secure compensation for what cannot be avoided or
  mitigated
• Followed by monitoring of effectiveness of
  Avoidance, Mitigation or Compensatory measures
• Enforcement where necessary
• Opportunities to enhance the environment in
  sustainable development

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What we are looking for in...Consultations

• Basic information
• Location (grid reference, post code, area)
• Type of development
• Timing of development
• Impacts of construction and subsequent use
• Were looking for an appropriate location,
  solution and sustainable design

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What we are looking for in...Consultations

• Protected species (EU and UK)
• Survey, monitoring, mitigation to appropriate
  accepted methodologies
• GDPO (General Permitted Development Order)
  modified in 2008 to exclude need for planning
  application for domestic conversions but who is
  responsible for ensuring home owners take account
  of protected species (particularly bats)?

• Further information
• Guidelines for Ecological Impact Assessment
  (Institute of Ecology and Environmental
  Management) http//www.ieem.net/ecia/
• Natural England's wildlife management and
  licensing information pages http//www.naturaleng
  land.org.uk/ourwork/regulation/wildlife/default.as
  px

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What we are looking for in...Consultations

• Designated sites (EU and UK)
• Avoid adverse impacts on integrity (reason for
  designation) both direct and indirect
• Further information
• Nature on the map
• http//www.natureonthemap.org.uk
• Magic http//www.magic.gov.uk/

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What we are looking for in...Consultations

• Landscape
• Development in keeping with the landscape
  character, with reference to National Character
  Areas
• No adverse visual impact on the users of
  landscapes
• Landscape character assessment in context of
  National Character Areas
• Nationally important landscapes (National Parks,
  AONBs and defined Heritage Coasts) and their
  special qualities/features both from development
  within and around their boundaries.
• Further information
• Landscape Character Network Website
   http//www.landscapecharacter.org.uk/lca
• Natural England's Landscape Information pages
  http//www.naturalengland.org.uk/ourwork/landscape
  /default.aspx
• Publication Guidelines for Landscape and Visual
  Impact Assessment ISBN0-415-23185-X
• Protected landscape management plans

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What we are looking for in...Consultations

• Access and Recreation
• ANGST standards
• Local networks linking to national networks and
  trails (PRoWs and recreational routes)
• Ensure protection of the routes of National
  Trails
• Modal shift to low/no carbon

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What we are looking for in...Consultations

• Coastal and Marine
• Water quality
• Sediment regimes
• Avoid coastal squeeze
• Sea level rise
• Further information
• Natural England's Marine Information pages
   http//www.naturalengland.org.uk/ourwork/marine/d
  efault.aspx

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What we are looking for in...Consultations

• Biodiversity
• Biodiversity Action Plan habitats and species
  (Habitats and Species of Principal Importance)
• Integrated habitat networks / wildlife corridors
• Local wildlife sites

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What we are looking for in...Consultations

• Geological conservation
• Sites
• Access
• Interpretation
• Regionally Important Geological Sites (RIGs) /
  Local Geological Sites

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What we are looking for in...Consultations
(Minerals Waste)

• Soils Resource Protection
• Soils and Agricultural Land Classification (ALC)
  survey information,
• Safeguarding the best and most versatile land,
• Best practice in soil handling, and
• Reclamation to sustainable afteruses

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What we are looking for in...Consultations

• Green infrastructure
• Multi-functional including
• biodiversity networks
• Access routes and trails
• Openspace (recreational, open access, natural)
• Flood management
• Sustainable Urban Drainage Systems (SUDS)
• Sustainable design including green roofs,
  biodiversity opportunities

Further information Link to Natural England's
Green Infrastructure information
pages   http//www.naturalengland.org.uk/ourwork/
planningtransportlocalgov/greeninfrastructure/defa
ult.aspx
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What we are looking for in...Consultations

• Renewable energy
• Supportive in the right locations but
• Planning applications are assessed by Natural
  England in the context of legislation and
  planning policy, as all types of development
• Further information
• Natural England's Climate Change and
  Energy Information pages  http//www.naturalengla
  nd.org.uk/ourwork/climateandenergy/default.aspx

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What we are looking for in...Consultations

• Climate change
• Climate proofing new developments
• Working with the adaptive capacity of the natural
  environment
• Further information
• Natural England's Climate Change and
  Energy Information pages  
• http//www.naturalengland.org.uk/ourwork/climatean
  denergy/default.aspx

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Also...

• We may wish to be involved in advising on setting
  conditions and negotiating S106
• Please note we might object but also set out our
  requirements for conditions / agreements /
  monitoring (targets, indicators, methods) as we
  recognise that permission may nevertheless be
  granted. In such circumstances we look to
  minimise adverse impact
• Please notify us of decisions
• Natural Englands casework review decision tree
  is under review...well keep you informed of any
  upcoming changes

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Finally...

• Use your in-house expert specialists
• Ecologists, Landscape Architects, PRoW officers,
  AONB officers, Heritage Coast officers etc
• They know your area so will save time and avoid
  duplication
• We dont want to, nor have resources to,
  duplicate their work
• Also have regard to NGOs valuable knowledge and
  expertise e.g. Wildlife Trusts, RSPB, interest
  groups such as the Badger Group

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Questions? Reflections?
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Thank you

• www.naturalengland.org.uk
• Natural England
• Quadrant
• Newburn Riverside
• Newcastle upon Tyne
• NE15 8NZ
• Tel [phone]
• Fax [phone]