Download Response to Derbyshire Dales draft local plan

NG2 Business Park
8 Experian Way
Nottingham
NG2 1EP
18th May 2016
Planning Policy Team
Derbyshire Dales District Council
Town Hall, Bank Road
Matlock, Derbyshire
DE4 3NN
Re: Derbyshire Dales Local Plan, Sustainability Appraisal and Habitat Regulations Assessment consultation
Further to the Duty to Co-operate under Section 33 (A) 9 of the Localism Act 2011 Lowland Derbyshire and
Nottinghamshire Local Nature Partnership will support the District Council to achieve sustainable
development through strategic local planning. We aim to ensure that your area’s natural environment assets
(i.e. natural capital) are accounted for in strategic planning so that they can support people both economically
and socially. We have reviewed the three documents and make the following response – questions and
requests are marked in italics.
1) Statutory Duty to Co-operate
We note that although Lowland Derbyshire and Nottinghamshire LNP has been in existence since 2012, we
have no records of being consulted on the Key Issues document in Nov/Dec 2015.
Can you confirm that you have discharged your duty to co-operate with the LNP for consultations post 2012 to
date?
2) Natural Capital Assets
The LNP views the safeguarding of natural resources as a primary objective to ensure that their condition does
not deteriorate and impact on those ecosystem services that support local economic growth or the health and
wellbeing of the local population. In order to ensure development is sustainable, it is of upmost importance
that Derbyshire Dales Council has a full understanding of its natural capital assets, their extent and condition
and how the Local Plan will affect them.
We have assessed the Plan, SA and HRA with respect to the eight Natural Capital assets in the context of their
identification, quantification, spatial distribution and condition quality. Our assessment does not consider data
that we have not been consulted on.
The table at the end of this document is a review of the references we identified to natural capital assets in
the Derbyshire Dales Local Plan, SA and HRA. For each of the assets our comments are as follows:
(a) Ecological Communities: We welcome the inclusion in the HRA of maps of protected sites and the
detailed reference to the Lowland Derbyshire Biodiversity Action Plan and the targets for habitat
creation included therein.
However, specific types of habitat, such as lowland meadows and wood pasture, are not mapped nor
is there the opportunity to view the spatial relationship between proposed development sites and
protected sites and/or specific habitat types. This is an omission.
Can you confirm the area and spatial distribution of all ecological communities and the net loss or gain
from all the proposed development areas?
(b) Soil: We welcome the fact that you have identified contaminated land for potential development. You
give figures for the amount of each grade of soil but we could not identify the spatial distribution of
the types of soils. This is an omission.
Can you confirm the spatial distribution of soils within the area and the combined net loss from the
combination of all the proposed development areas?
(c) Species: As with Ecological Communities we welcome reference to the Lowland Derbyshire BAP.
However, the locations of UK BAP species for which targets have been set are not identified (although
we acknowledge that the location of some species should not be in the public domain). This is an
omission.
Can you confirm the location and distribution of relevant UK BAP species and the combined impact on
them from the combination of all the proposed developments?
(d) Freshwater: We welcome your identification the condition (quality) of the main water bodies in the
Derbyshire Dales LP area and your mapping of the WFD rivers that are in the Derbyshire Dales area.
However, the HRA identifies LSEs in relation to the potential effects of development at sites HC2(z)
and HC2(o) on water quality of some European sites.
Can you confirm that adequate mitigation will be put in place to protect water quality in these areas
in line with policies PD3, PD8 and PD9?
(e) Air: The HRA identifies LSEs in relation to the potential effects of development at sites HC2(z) and
HC2(o) on air quality on some European sites.
Can you confirm that adequate mitigation will be put in place to protect air quality in these areas in
line with policies PD3 and PD9?
(f) Sub-soils: We welcome the expectation that that proposals which have potential for impact on
archaeological/geological interest must take into account the effect of those proposals on sites, or
their settings and where applicable, have considered mitigation. However, there is no spatial
representation showing where Local Geological Sites are within the district.
Can you confirm the spatial distribution of Local Geological Sites within the area?
(g) Minerals: We couldn’t find any significant reference to or data on minerals or hydrocarbons.
Can you confirm the extent and location of minerals and hydrocarbons in the area?
Further to these omissions it is unclear of the impact of the proposed developments, including their combined
impact, on the natural capital assets. Therefore, The LNP considers that the Council must assess the impact
of the combined proposed developments on the natural capital assets and areas close to the LPA boundary.
We recommend that you include the quantity and spatial distribution of the eight natural capital assets in your
strategic plans and/or sustainability appraisal. This natural capital information is held by the LNP and
supporting stakeholders such as Natural England, the Environment Agency, Forestry Commission and
Derbyshire. County Council. We recognise that some of it is included in your evidence base.
3) Comments on other aspects of the document’s content
Policies
S2: Sustainable Development Principles
We welcome the inclusion of a policy that specifically defines the principles of sustainable development and
that includes reference to both maintaining and enhancing the natural environment of the Plan Area.
S4: Spatial Strategy We welcome the emphasis on minimising the risk of damage to areas of importance for
nature conservation and/or landscape value.
PD3 - Biodiversity and the Natural Environment
We welcome confirmation that development will not be permitted on European sites or SSSIs.
We welcome the fact that for development on regionally and locally designated sites “The District Council
will not permit any development proposal which would directly or indirectly result in significant harm to
geological and biodiversity conservation interests unless it can be demonstrated that …appropriate
conservation and mitigation measures are provided, such mitigation measures should ensure as a minimum
no net loss and wherever possible net gain for biodiversity.”
We suggest inclusion of a definition of “significant harm” in this context.
The Plan states that PD3 will, in part, be achieved by “Encouraging development to include measures to
contribute positively to the overall biodiversity of the Plan Area to ensure there is a net overall gain to
biodiversity.”
We are interested to know how this will be measured.
We welcome the development and enhancement of ecological networks between sites that have
biodiversity value.
We are interested to know whether these potential corridors have been identified and mapped.
PD4: Green Infrastructure
We welcome the focus on mitigation for loss of connectivity of habitats.
Policy S11: Local Infrastructure Provision and Developer Contributions
We concur with the suggestion in the HRA that this policy could be amended to include the provision of
recreational space to avoid adverse effects on European sites.
That concludes our response.
I trust our response will help you deliver sustainable development. I would be grateful if you acknowledge
receipt of our response and inform us of changes to the document. The LNP is looking forward to ongoing
discussions with you. If you have any further questions do not hesitate to contact Rosy Carter our LNP Coordinator at the above address.
Yours sincerely,
Tim Farr, Chair, Lowland Derbyshire and Nottinghamshire LNP board
Derbyshire Dales District Council Local Plan, Sustainability Appraisals and Habitats Regulations Assessment – references to natural capital assets
For the 8 Natural Capital
assets
Are they Identified?
Is quantity identified?
Is quality identified?
1. Ecological Communities
Lowland Derbyshire BAP is
referenced in detail in the
HRA
2. Soils
Trees/Woodlands/Hedgerows
have their own policy.
Agricultural soil
classification/grade is
referenced.
% of each soil grade is given.
No
% of each soil grade is given
3. Species
Amount (Ha) of previously
developed land is identified.
Not referenced separately
to ecological communities.
WFD rivers are identified.
Not separately
Not separately
Not separately
Map of WFD rivers
Map of WFD rivers
Yes – EA WFD condition
4. Freshwater
SACs mapped
SPAs mapped
SSSIs mapped
LNRs mapped
GI network is mentioned but LWSs mapped
“The GI of the District has
Historic Parks and Gardens
not been specifically
that are protected in the
mapped”.
Derbyshire Dales Adopted
Local Plan are mapped.
Numbers of various types of Number of TPOs is identified
greenspace are given.
Is spatial distribution
identified?
SACs mapped in HRA
SPAs mapped in HRA
SSSIs mapped in HRA
LNRs mapped in HRA
LWSs mapped in HRA
Derbyshire Dales
‘Ecological Network’ is
mapped in LP
Groundwater source
protection zones (GSPZs)
are identified.
EA’s flood risk assessment
data is referenced.
EA’s flood risk
assessment data is
mapped for Derwent and
Dove catchment areas.
Condition of SSSIs is
documented
5. Air
Specific references to air
quality monitoring to assess
effects on air quality and
poss mitigation for some
development sites
n/a
Effect of development on
Air Quality and impact on
SPAs/SACS is in HRA
Only one possible pm10
exceedance area has been
identified.
Tranquillity mapped.
No AQMAs in the area
no
no
Landscape character
types are mapped.
n/a
no
no
Noise/Tranquillity are
identified.
6. Sub-soil assets
RIGS are identified.
7. Land
The 4 NCAs that fall within
Derbyshire Dales District are
listed in the HRA.
8. Minerals/Hydrocarbons
Minerals are referenced in a
very general way in the
HRA.
The emerging Derby and
Derbyshire Minerals Plan
will “ultimately form part of
the Derbyshire Dales
Development Plan.”
Referenced where
applicable in SA
The distribution of the 18
landscape character types
within the District is
mapped.
no