Biodiversity & Development Supplementary Planning Document Contents 1 Executive Summary 3 2 Introduction 4 3 Legislation & Policy Context 5 4 The Importance of Biodiversity 6 within Development 5 Biodiversity Information & Impact Assessments Required 10 to Support Planning Proposals 6 A Step by Step Guide to Building Biodiversity into 11 Development Appendices A Internet hyperlink list 22 B Map 1, River Mease 24 Catchment Map C Map 2, Cannock Chase Map 25 of Zones D Map 3, Location of Sites of Special Scientific Interest 26 (SSSI) within the Lichfield District E Map 4, Lichfield District 27 Biodiversity Opportunity Map Biodiversity & Development Supplementary Planning Document 3 1 Executive Summary 1.1 This Supplementary Planning Document (SPD) expands upon policies of the Lichfield District Local Plan: Our Strategy. 1.2 The SPD guides developers through Summary the ecological mitigation hierarchy of: Information; Avoidance; Mitigation; Compensation; and New Benefits, clearly detailing: When to Survey, What to Survey for, & how Surveys should be conducted, Executive 1.3 It provides developers with a clear 1 “plain English” step-by-step guide for working with protected and priority species and habitats which are likely to be impacted upon by their proposed developments. The SPD details Lichfield District Council’s requirements for applicants to build nature conservation features into developments, ensuring that a measurable net-gain to the districts biodiversity is always achieved. 1.4 This SPD highlights the importance that applicants protect and enhance existing nature conversation features within proposed developments, following best practice guidance and the mitigation hierarchy. On occasions where it is not possible the SPD details what Lichfield District Council requires a developer to consider when incorporating ecological compensation (including Biodiversity Offsets) within their development scheme. 1.5 The SPD also provides developers with a list of useful links and contacts where further information on all the issues discussed can be found (Appendix A). 4 Biodiversity & Development Supplementary Planning Document 2 2 Introduction be referred to when seeking additional Introduction guidance as Lichfield District Council will 2.1 Biodiversity can be simply defined as seek to follow the most modern best-practice the ‘variety of life on earth’. This (SPD) forms approaches to biodiversity in development part of the Lichfield District Local Plan and in all applications. expands on policies that ensure biodiversity is adequately protected and enhanced throughout the development process. The SPD provides additional information on how these policies will be implemented and provides guidance on biodiversity and nature conservation for development applicants concerned with the conservation of biodiversity in development. 2.2 The aim of this guidance is to provide step-by-step advice throughout the planning process and to supplement the policies within the Natural Environment chapter of the current Lichfield District Local Plan: Our Strategy, which provides a framework for development in the District. 2.3 This document explains what Lichfield District Council expects to be considered with any planning application and the detailed information that needs to be submitted. 2.4 Other SPD’s to be consulted in relation to biodiversity conservation in Lichfield District include: Trees and Development and Landscaping SPD 2.5 Included in this SPD is a list of internet links to other documents and guidance which may be of help to an applicant (Appendix A). These documents are often specific to one habitat type or species, or to a particular type of development’s impact on biodiversity. 2.6 Many of these documents and the methodologies they refer to are in a state of constant review and can be expected to be amended and updated periodically. Only the most recent version of any document should Biodiversity & Development Supplementary Planning Document 5 3 Legislation & Policy Context UK Biodiversity Action Plan West Midlands Biodiversity Pledge 3.1 There is a wide variety of legislation Staffordshire Biodiversity Action and policy provision relating to biodiversity Plan conservation ranging from international to Lichfield District Council local level. The key legislation, policies and Biodiversity Strategy strategies includes: Context 3.2 Nature conservation is regarded as a The Conservation (Natural Habitats key test of sustainable development. The etc) Regulations 1994 (as amended local planning process addresses this duty 2010); often referred to as the habitat by the inclusion of a number of nature regulations. They are the mechanism conservation polices in local planning Policy through which the EU Habitats and documents. These include: Species Directive is implemented in the & UK. Core Policy 13: Our Natural Resources The Wildlife and Countryside Act Policy NR3: Biodiversity Protected 1981 (as amended 2010); the principal Species & their Habitats act relating to the protection of wildlife Policy NR4: Trees, Woodland & in Great Britain. Species listed for Hedgerow protection are in Schedules 1, 5 and 8. Policy NR5: Natural and Historic The Protection of Badgers Act 1992; Landscapes an act that brings together all Policy NR6: Linked Habitat Corridors legislation that is specific to badgers & Multi-functional Green Spaces Legislation with the exception of their inclusion in Policy NR7: Cannock Chase Special 3 Schedule 6 of the Wildlife and Area of Conservation Countryside Act 1981. Policy NR8: River Mease Special Area Natural Environment And Rural of Conservation Communities Act 2006 - Lichfield District Council has a statutory duty under the Natural Environment and Rural Communities Act 2006 to have regard, so far as is consistent with the proper exercise of its functions, to the purpose of conserving biodiversity. The Countryside and Rights of Way Act 2000 National Parks and Access to the Countryside Act 1949 The Environment Act 1990 The Hedgerow Regulations 1997 The National Planning Policy Framework 2012 - Conserving and enhancing the natural environment Governments Biodiversity 2020: A Strategy for England’s Wildlife and Ecosystem Services Government circular 06/2005 6 Biodiversity & Development Supplementary Planning Document Development 4 4 The Importance of Biodiversity upon them equally obvious: the destruction The within Development through development of mature gardens or large areas of habitat, the removal of 4.1 Any development has the potential to hedgerow, the removal of mature trees, destruction of badger setts within the Importance impact (both negatively and positively) on local biodiversity through its affects on development area etc. However, other nature conservation features. nature conservation features are cryptic and can often be overlooked: bat roost under 4.2 Within this document the term “Nature raised roof tiles and within roof voids, Great conservation features” refers to: Crested Newt breeding pools in water bodies that dry out for part of the year etc. Species (both plant and animal) and their habitats (including feeding, resting 4.6 Developments which take into account and breeding areas) the role and value of biodiversity can support economic diversification and contribute to of Natural and Historic Landscapes Semi natural elements of the landscape delivering high quality environments throughout the District (Core Policy CP13 & Biodiversity with particular cultural or historical significance; and Development Management Policy NR3). Developments should seek to minimise Features which provide links or fragmentation of existing habitats (Policy stepping stones from one habitat to NR6); incorporate beneficial nature another. conservation features; and must deliver a 4.3 Nature conservation features can be net gain for Biodiversity. defined as having dual functions of Lichfield District’s Biodiversity contributing to local biodiversity and providing opportunities for people to 4.7 Lichfield District supports a variety of within experience and benefit from them. The wildlife rich priority habitats. These priority benefits to local people provided by nature habitats include heathland, ancient conservation features can be far ranging. semi-natural woodland and semi-improved They include valuable ecosystem services grasslands, along with rivers and ponds such as mitigating the damaging effects of which support a wide range of flora and air pollution and climate change, as well as fauna including many different mammals, aesthetic and amenity benefits. birds, insects and plants. A list of priority habitats is identified in the LDC Biodiversity 4.4 Developments have the potential to Strategy and most updated version of the impact upon nature conservation features Staffordshire Biodiversity Action Plan both within the boundaries of the (Appendix A). development as well sites adjacent and in certain circumstances a significant distance International and European Sites (i.e. away. As part of the development process Natura 2000 site) these impacts need to be assessed and (if found to be negative) avoided, mitigated or 4.8 There is one international and as a last resort compensated for. European statutory nature site within the Lichfield District. 4.5 Nature conservation features can vary greatly from site to site in both appearance River Mease SAC. and size. Some features are obvious to identify and the impact of a development Biodiversity & Development Supplementary Planning Document 7 4.9 Two other international