Housing Site Allocations Development Plan Document (DPD) Preferred Options

Ref: (For official use only)

Comments should be returned by Friday 12th September 2014:

Via our consultation portal at the Council’s website: http://consult.westberks.gov.uk/portal

By post to: Planning Policy, Planning and Countryside, West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

By e-mail to: [email protected]

By fax to: 01635 519408

This form has two parts – Part A – Personal details Part B – Comments on the Preferred Options of the Housing Site Allocations DPD Part A 1. Personal Details* 2. Agent’s Details (if applicable) *If an agent is appointed, please complete only the Title, Name and Organisation boxes below but complete the full contact details of the agent in 2.

Title Ms.

First Name Heather

Last Name Lewis

Senior Conservation Officer Job Title (where relevant) (Berkshire)

Berks, Bucks and Oxon Wildlife Organisation (where relevant) Trust

Address Line 1 Hasker House, Woolley Firs

Line 2 Cherry Garden Lane

Line 3 Maidenhead

Line 4

Post Code SL6 3LJ

Telephone Number

E-mail Address

Do you want to be kept informed on the progress of this DPD? Yes If so please make sure you provide an e-mail address above

Part B - Please use a separate response sheet for each comment

The DPD will be examined by an independent inspector whose role includes assessing whether the plan is sound. For the Housing Site Allocations DPD to be sound it should be:-  Positively prepared – the plan should seek to meet the housing requirement for the District based on the policies set out in the adopted Core Strategy;  Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;  Effective – the plan should be deliverable over its period and based on effective working on cross- boundary strategic priorities;  Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.

We are therefore seeking your views on the soundness of the DPD Preferred Options. Your comments will be published on our Local Plan Consultation Portal and should be planning related. The Council has a duty not to accept comments of a discriminatory nature.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 2 Response Form To which part of the document does this comment relate? Please specify the section, site or policy Section....Overarching comments...... on which you are commenting.

Do you consider the preferred approach/option to N/A be sound

Please give your reasons and, if objecting, please indicate what changes you are seeking or what would be your preferred alternative approach or option for allocation.

Overarching comments As a wildlife conservation charity, the Berks, Bucks and Oxon Wildlife Trust are concerned with ensuring the protection and enhancement of the natural environment on and adjacent to the housing allocation preferred option sites.

The Trust is not currently able to provide detailed comments for each housing allocation site as further, more detailed environmental information is required given in order to evaluate the potential biodiversity impacts of development at each site. Comments provided below on specific preferred sites, is based on existing habitat and species data already available to the Trust through the Thames Valley Local Records Centre. A full evaluation of biodiversity impacts of each housing allocation site is only possible on provision of appropriately detailed up to date habitat and species survey reports. Such reporting would be expected to form a core part of any subsequent planning application.

It is the Local Authority’s responsibility to ensure the provision and evaluation of this appropriate, up-to-date environmental information about each preferred housing allocation site. This data is required to enable objective decision-making for sustainable development, of which retention and enhancement of biodiversity is a key test.

The National Planning Policy Framework is clear (paragraph 7) that the environmental role of sustainable development is “contributing to protecting and enhancing our natural environment; and as part of this helping to improve biodiversity” whereby improving biodiversity is further clarified (Paragraph 9) as “moving from a net loss of biodiversity to achieving net gains for nature”.

In addition, section 40(1) of the Natural Environment and Rural Communities (NERC) Act 2006 creates a duty for every public authority to “have regard” to biodiversity whilst exercising its functions.

The Trust therefore expects that where current levels of information are not sufficient to provide detailed comments for all preferred housing allocation sites, that the Council will have regard to biodiversity during the subsequent planning process to ensure that the aims of the National Planning Policy Framework are furthered by achieving net gains for nature.

The Trust looks forward to being consulted further during the planning process for all preferred sites identified within this consultation document if / when planning permission (either full or outline) is submitted to the Council for consideration.

Please continue on separate sheet

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 3 Response Form Section...... To which part of the document does this comment relate? Please specify the section, site or policy on Site...... NEW012, NEW104, NEW045, NEW042, which you are commenting. NEW106, BUR105, WOOL001, EUA007, EUA033, GTTS9......

Policy...... Do you consider the preferred approach/option to be Potentially unsound, subject to further clarification and sound submission of further supporting information

The following preferred housing allocation sites are located either immediately adjacent or in close proximity to sites that have one of more of the following designations; - nationally important Ancient Woodlands, - Local Wildlife Sites - sites of County importance;

NEW 012 NEW 104 NEW 045 NEW 042 NEW 106 BUR105 WOOL001 EUA007 EUA033 GTTS9

Ancient Woodland is considered an irreplaceable habitat due to the unique biodiversity associated with it’s longevity. Paragraph 118 of the National Planning Policy Framework is clear that “Planning permission should be refused for development resulting in loss or deterioration of irreplaceable habitats including ancient woodland”.

The West Berkshire Cores Strategy (July 2012) Policy CS 17 ‘Biodiversity and Geodiversity’ states that “Development which may harm, either directly or indirectly, locally designated sites (Local Wildlife Sites)… will only be permitted if there are no reasonable alternatives and there are clear demonstrable social or economic benefits of regional or national importance that outweigh the need to safeguard the site or species and that adequate compensation and mitigation measures are provided when damage to biodiversity/geodiversity interests are unavoidable.”

Adverse impacts on Ancient Woodland and Local Wildlife Sites resulting from a new housing development can obviously occur where the designated habitat suffers direct loss. However, damaging deterioration of habitat can also result from indirect impacts such as increased visitor pressure due to an increased local population. Indirect impacts can include trampling and disturbance.

Where planning permission is sought for the above referenced preferred housing sites, we would expect to see consideration of how mitigation measures, such as provision and management of public open space, or management of the designated sites, are to be implemented and evidence of how these mitigation measures will effectively ensure that the development will proactively contribute to protecting and enhancing the local Ancient Woodland and Local Wildlife Sites as well as the wider natural environment. Implementation of effective measures to avoid or mitigate for indirect impacts on local Ancient Woodland and Local Wildlife Sites will help ensure that the policies of the National Planning Policy Framework and the West Berkshire Core Strategy are met.

In absence of effective impact avoidance or mitigation measures being implemented, these proposed housing allocation sites may be unsound in that the site selection would fail to be positively prepared, justified or consistent with national policy.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 4 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... NEW047D

Policy...... Do you consider the preferred approach/option to Potentially unsound, subject to further clarification be sound and submission of further supporting information

Housing allocation site NEW047D is located in close proximity to Greenham and Crookham Commons Site of Special Scientific Interest (SSSI). This site is also a nature reserve managed by this Trust.

The current proposals are likely to represent a local population increase of approximately 300 people within easy walking distance of the SSSI. These residents are likely to visit the SSSI for recreational activities such as dog walking. It is likely that the development of NEW047D will therefore lead to an increase in visitor disturbance pressure within the SSSI.

A number of legally protected species vulnerable to disturbance have been recently recorded as present within the SSSI, including reptiles (Adders, common Lizards, Slow Worms and Grass snakes) and ground-nesting birds including Nightjar, Woodlark and Dartford Warbler.

Nightjar, Woodlark and Dartford Warbler are listed in Annex 1 of the EC Birds Directive (European Directive 2009/147/EC on the Conservation of Wild Birds). Amendment to Conservation of Habitats and Species Regulations (August 2012) transposed into UK law a new duty on local planning authorities to use all reasonable endeavours to avoid pollution or deterioration of habitats of Annex 1 species, where these species are present outside protected areas.

SSSIs are protected in national law by the under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

The National Planning Policy Framework states (paragraph 118) that “proposed development on land within or outside a SSSI likely to have an adverse effect on a SSSI interest (either individually or in combination with other development) should not normally be permitted”.

West Berks Council’s Cores Strategy Policy CS17 on Biodiversity and Geodiversity also states “Habitats designated or proposed for designation as important for biodiversity or geodiversity at an international or national level or which support protected, rare or endangered species, will be protected and enhanced.”

It is therefore the responsibility of the Council to ensure that appropriate avoidance and mitigation measures are implemented so that the legally protected habitats and species present at the SSSI are not subject to adverse impact as a result of the proposed development. This action is necessary to ensure compliance with local and national planning policy as well as national and international law, as detailed above.

Avoidance and mitigation measures may include suitable provision of on-site recreational space within the proposed new development and measures to manage increased visitors within the SSSI. We recommend that should the Council be minded to confirm allocation of this site for housing, that you open a dialogue with this Trust as to how avoidance and mitigation measures may best be implemented.

Local environmental records identify the presence of Great Crested Newt within or in close proximity of the proposed allocation site. Great Crested Newts are protected under Schedule 2 of the Conservation of Habitats and Species Regulations 2010. Great Crested Newts are therefore European Protected species. Offences under this legislation include any activities that may kill, injure or disturb an individual or damages or destroys a breeding site or resting place of that individual. In it’s role as a local planning authority, the Council should also be aware of it’s legal duty under Regulation 9(5) of The Conservation of Habitats and Species Regulations 2010 which states

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 5 Response Form that “a competent authority, in exercising any of their functions, must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions”. Should the Council be minded to confirm allocation of this site for housing, appropriate avoidance and mitigation measures will need to be implemented to ensure that development will not kill, injure or disturb Great Crested Newt at this location.

In absence of effective impact avoidance or mitigation measures being implemented, this proposed housing allocation site may be unsound in that the site selection would fail to be positively prepared, justified or consistent with national policy.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 6 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... THA025

Policy...... Do you consider the preferred approach/option to Potentially unsound, subject to further clarification be sound and submission of further supporting information

Housing allocation site THA025 is located immediately adjacent to the Thatcham Reed Beds and Nature Discovery Centre nature reserve which is managed by this Trust. The allocation site is also therefore in close proximity to Thatcham Reed Beds Site of Special Scientific Interest (SSSI) and the Kennet and Lambourn Floodplain Special Area of Conservation (SAC).

The current proposals are likely to represent a local population increase of over 200 people within easy walking distance of the reserve, SSSI and SAC. These residents are likely to visit the reserve, SSSI and SAC for recreational activities such as dog walking. It is likely that the development of THA025 will therefore lead to an increase in visitor disturbance pressure within the reserve and SSSI.

The SSSI citation references the nationally rare Cetti’s Warbler as well as a number of other rare bird species associated with the reed bed habitats. The Cetti’s Warbler is specially protected by Schedule 1 of the Wildlife and Countryside Act 1981 (as amended). This legislation protects Cetti's Warbler from nest destruction, killing or injuring and also disturbance while breeding.

SSSIs are protected in national law by the under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

The Kennet and Lambourn Floodplain SAC is protected by international legislation through the European Union Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) (the Habitats Directive), transposed into UK law through the Conservation of Habitats and Species Regulations 2010 (as amended). The SAC is designated for the presence of Desmoulin’s whorl snail. This internationally rare species is considered to be dependent upon the conservation of habitat and preservation of high water levels. The snail is intolerant of significant water table level changes and is therefore vulnerable to changes in

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 7 Response Form hydrology. Appropriate avoidance and mitigation measures will need to be implemented to ensure that this proposed development will not result in changes to hydrology.

Should the Council be minded to confirm allocation of this site for housing, planning permission may only be granted after having ascertained that this development will not adversely affect the integrity of the European site in line with the above referenced European legislation.

It is therefore the responsibility of the Council to ensure that appropriate avoidance and mitigation measures are implemented so that the legally protected habitats and species present at the SAC and SSSI are not subject to adverse impact as a result of the proposed development. This action is necessary to ensure compliance with local and national planning policy as well as national and international law, as detailed above.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 8 Response Form Section...... To which part of the document does this comment relate? Please specify the section, site or policy Site...... HUN003, HUN005, HUN006, on which you are commenting. HUN015, HUN020.

Policy...... Do you consider the preferred approach/option to Potentially unsound, subject to further clarification be sound and submission of further supporting information

The above referenced housing allocation sites are located immediately adjacent to the Kennet and Lambourn Floodplain Special Area of Conservation (SAC) and the Kennet and Lambourn Floodplain Site of Special Scientific Interest (SSSI),

SSSIs are protected in national law by the under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

It is therefore the responsibility of the Council to ensure that appropriate avoidance and mitigation measures are implemented so that the legally protected habitats and species present at the SAC and SSSI are not subject to adverse impact as a result of the proposed development. This action is necessary to ensure compliance with local and national planning policy as well as national and international law, as detailed above.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 9 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... LAM005.

Policy...... Potentially unsound, subject to further Do you consider the preferred approach/option to clarification and submission of further be sound supporting information

Housing allocation sites LAM005 is located adjacent to the River Lambourn Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI),

The River Lambourn SAC is protected by international legislation through the European Union Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) (the Habitats Directive), transposed into UK law through the Conservation of Habitats and Species Regulations 2010 (as amended).

SSSIs are protected in national law by the under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

The SAC and SSSI designations relate to the rare habitats and species associated with the chalk river. The headwaters of the river at this location is winterbourne and therefore has an ephemeral flow regime which is particularly sensitive to changes in hydrology. The SAC citation also references the Bullhead and Brook Lamprey, both fish species that are sensitive to adverse changes in water quality.

The proposed development may affect local hydrological regimes both in terms of water levels and water quality due to the creation of new hard surfaces. Development in close proximity to such hydrologically sensitive sites will require the implementation of appropriate avoidance and mitigation measures to ensure that this proposed development will not result in adverse changes to water quantity and quality.

It is therefore the responsibility of the Council to ensure that appropriate avoidance and mitigation measures are implemented so that the legally protected habitats and species present at the SAC and SSSI are not subject to adverse impact as a result of the proposed development. This action is necessary to ensure compliance with local and national planning policy as well as national law, as detailed above.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 10 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... KIN006, KIN007.

Policy...... Potentially unsound, subject to further Do you consider the preferred approach/option to clarification and submission of further be sound supporting information

Housing allocation sites KIN006 and KIN007 are located immediately adjacent to a site of County importance for wildlife, the Local Wildlife Site “Land at Inkpen Road, Kintbury” which is also a nature reserve (Kintbury Newt Ponds) owned and managed by this Trust.

Our reserve hosts a large breeding population of Great Crested Newts (GCNs). GCNs are known to migrate up to 500m from their breeding ponds during their terrestrial phase in search of foraging and local environmental records identify that GCNs are widespread in the area around this proposed allocation site. It is therefore expected that GCNs will be using this allocation site.

Great Crested Newts are protected under Schedule 2 of the Conservation of Habitats and Species Regulations 2010. Great Crested Newts are therefore European Protected species. Offences under this legislation include any activities that may kill, injure or disturb an individual or damages or destroys a breeding site or resting place of that individual. In it’s role as a local planning authority, the Council should also be aware of it’s legal duty under Regulation 9(5) of The Conservation of Habitats and Species Regulations 2010 which states that “a competent authority, in exercising any of their functions, must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions”.

It is therefore the responsibility of the Council to ensure that appropriate avoidance and mitigation measures are implemented so that protected habitats and species present at the Local Wildlife Site are not subject to adverse impact as a result of the proposed development. This action is necessary to ensure compliance with local and national planning policy as well as international law, as detailed above.

Should the Council be minded to confirm allocation of this site for housing, appropriate avoidance and mitigation measures will need to be implemented to ensure that development will not kill, injure or disturb Great Crested Newt at this location.

Avoidance and mitigation measures may include measures to enhance existing habitat for GCNs both within the proposed development site and potentially in the surrounding area. We recommend that should the Council be minded to confirm allocation of this site for housing, that you open a dialogue with this Trust as to how avoidance and mitigation measures may best be implemented.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 11 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... GTTS5

Policy...... Potentially unsound, subject to further Do you consider the preferred approach/option to clarification and submission of further be sound supporting information

Housing allocation site GTTS5 is located immediately adjacent to a Paices Wood, a nature reserve which managed by this Trust.

Our reserve hosts a number of protected species including grass snake, common lizard and slow worms. All native UK reptile species are legally protected under Schedule 5 of the Wildlife and Countryside Act 1981 (and amendments) and as such are protected from killing or injuring. UK reptiles are also listed as a species of Principle Importance within the Natural Environment and Rural Communities Act 2006.

The Gypsy and Traveller site already located at Paices Hill has historically resulted in conflict with management of the reserve, leading to deterioration of habitats on which the legally protected species are reliant.

Should the Council be minded to confirm allocation of this site for housing, appropriate avoidance and mitigation measures will need to be implemented to ensure that development will not adversely impact on protected species present and specifically avoid the killing or injuring or protected reptiles.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 12 Response Form To which part of the document does this comment Section...... relate? Please specify the section, site or policy on which you are commenting. Site...... GTTS2

Policy...... Do you consider the preferred approach/option to Unsound. be sound

The land proposed for development as housing allocation site GTTS5 contains within it Long Copse, a woodland that is of national importance as an Ancient Woodland and of County importance as Local Wildlife Site.

The National Planning Policy Framework (paragraph 17) states that core land-use planning principles should underpin decision making, including “contributing to and enhancing the natural environment” whereby “allocations of land for development should prefer land of lesser environmental value”.

Inclusion of an Ancient Woodland and Local Wildlife Site within the curtilage of a proposed development site is therefore not demonstrating choice of land of lesser value or enhancing the natural environment. This proposed allocation site is therefore contrary to the National Planning Policy Framework and to Core Strategy Policy CS17.

The area of the allocation site that has Ancient Woodland and Local Wildlife Site designation should be removed in it’s entirety from the proposed allocation area.

West Berkshire Council: Housing Site Allocations DPD Preferred Options Page 13 Response Form