Comment

Representation ID: 27650

Received: 24/03/2021

Respondent: Persimmon Homes (West Yorkshire)

Agent: Lichfields

Whilst the achievement of biodiversity net gain as required by draft Policy EN3 is supported in principle, until such time as the Environment Bill clarifies the requirement for biodiversity net gain it is recommended that part H of this policy be amended to refer to all development delivering a measurable net gain ‘where practical to do so’, so as not to undermine the development of otherwise sustainable sites.

Section A: In order to provide certainty, the Wildlife Habitat Network mentioned in the table should be defined on the policies map. The table states that the network will include designated and undesignated habitats, but does not describe what will constitute either elements. Without further explanation ‘undesignated sites of high conservation value’ has no meaning as it is a value judgement of whether a site is of ‘high’ conservation value or not.
Section B refers to ‘functionally linked land’ as if it were part of the SPA in that it applies the likely significant effect test to functionally linked land. This is incorrect. The correct test is whether the effects on functionally linked land will have a likely significant effect upon the SPA (not the functionally linked land per se). In order to be compliant with the Habitat Regulations, 2017 (as amended) the text within the bracket ‘(or land functionally linked to the SPA)’ must be deleted. The final paragraph of Section B further perpetuates this error and should be deleted in order to comply with the Habitats Regulations, 2017 (as amended).
Section B is linked to Policy SP11. The proposed changes we have suggested for SP11 and the HRA of the draft Local Plan will modify the application of Section B of the policy.
Section C: There is no legal requirement for impacts upon an SSSI to be assessed ‘in combination with other developments’ and this reference should be removed as it does not reflect the Wildlife and Countryside Act 1981 (as amended). Similarly, there is no legal requirement to assess ‘broader impacts on the national network of SSSIs.’ The use of the phrase ‘at this site’ is ambiguous and should be removed.
Section D: The Wildlife Habitat Network need to be defined in order to provide certainty for decision making (see also paragraph 2.81). The policy does not allow sufficient flexibility for mitigation and compensatory measures and should be reworded to reflect this.
Section E. The policy seems to refer to the movement of any species including those with poor dispersal mechanisms? Perhaps the policy should state “or impair the functioning of the Network by preventing movement of species” that are relevant to that Network.
Section I should not reference the Environment Bill, because there is no certainty as to the Bill’s final form or content.
Section J: There is no legal requirement to provide Biodiversity Net Gain (BNG) within a development site as a matter of priority, nor is there any legal requirement for the need to justify why gain cannot be delivered on site. The policy should be reworded to allow for offsite compensation in all cases. There is also no legal requirement to provide BNG CBMDC Draft Local Plan Review Persimmon Homes West Yorkshire 10 compensation as ‘a preference for those in the immediate vicinity’ and this should also be removed.
Section J: What are ‘local biodiversity priorities’? If the policy is referring to specific species and habitats such as those defined by Local Biodiversity Action Plans, the NERC Act, 2006, or Birds of Conservation Concern etc. then this should be specified.
Section J: Biodiversity net gain is a habitat based system and while there will inevitably be benefits to species the mechanism is not targeted to the conservation of individual species. We suggest that the last sentence of this policy be deleted as the BNG mechanism does not address species conservation.
Section M is unclear and ambiguously worded. BNG is a tool for gain in biodiversity not ‘well-being’. It is also not clear how this policy will be implemented in practice.
Section N: Ecological surveys should be carried out in manner that is also proportionate to the ecological features present on the site not just the type and scale of the development.