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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