Date: 22 February 2018 Our ref: 236021 Your ref: n/a Customer Services Local Plan Hornbeam House Crewe Business Park Central Bedfordshire Council Electra Way Priory House Crewe Monks Walk Cheshire Chicksands CW1 6GJ Shefford SG17 5TQ [email protected] BY EMAIL ONLY Dear Sir/Madam Central Bedfordshire Pre-Submission Local Plan Consultation Thank you for your consultation regarding the above, dated 11 January 2018, which was received by Natural England on the same date. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. Local Plan – Pre-submission Consultation Natural England welcomes the inclusion of amendments to address some of our comments at the draft Local Plan Regulation 18 stage (in our letter of response dated 29 August 2018 (our ref: 220143)). We re-iterate our previous outstanding advice regarding policies and specific allocations in Annex1 and Annex 2, respectively to this letter. Please note that we have not reiterated previous supporting or general advice comments. With regard to Natural England’s interests we generally consider the Local Plan to be sound and legally compliant. However, we have highlighted a number of policies where amendments are required, in particular to Policy SA1: Land North of Luton, to ensure that development will deliver sufficient mitigation to demonstrate no adverse impact to designated sites and landscape, including the setting of the Chilterns AONB. This is required to ensure that the policy is sound and consistent with the requirements of the National Planning Policy Framework (NPPF) to protect nationally designated sites and landscapes. Habitats Regulations Assessment Natural England welcomes submission of the Habitats Regulations Assessment (HRA) Screening Report prepared by Enfusion (December 2017). With regard to increased recreational pressure we agree that due to distance and the mitigation measures afforded through policies EE1, EE2, EE3 and EE13 the Local Plan alone, and in- combination, is unlikely to have any adverse effect on Chiltern Beechwoods Special Area of Page 1 of 13 Conservation (SAC) and the Upper Nene Valley Gravel Pits Special Protection Area (SPA) and Ramsar site. Natural England is satisfied that with the mitigation afforded through relevant Plan polices, adverse impacts to European sites alone, and in-combination, through changes in water level, water quality and air quality can be avoided. However, our advice remains that the Local Plan should take a strategic approach to water quality and air quality issues through an up to date Water Cycle Study and Air Quality Assessment to demonstrate that allocations are sustainable and that sufficient mitigation is deliverable to ensure no adverse effects to designated sites. We agree that, due to distance, there are no potential pathways for impacts to European sites through habitat loss and fragmentation. Natural England therefore supports the conclusion of the HRA that the Central Bedfordshire Local Plan is unlikely to give rise to significant effects on European sites hence further Appropriate Assessment is not required. Sustainability Appraisal (SA) Natural England is satisfied that the SA objectives, assessment methodology and framework generally accord with the requirements of the Planning and Compulsory Purchase Act 2004 and the Strategic Environmental Assessment Regulations. We welcome the incorporation of the summary findings of the Habitats Regulations Assessment (HRA) into the revised Sustainability Appraisal (SA) report (Enfusion, January 2018), in line with our previous advice. However, we cannot agree with the conclusions of the SA as we have significant outstanding concerns in relation to: the lack of proper assessment of the impacts of development on the AONB, including the production of an LVIA the need for the Sustainability Appraisal to be informed by an updated Water Cycle Study The need for the Sustainability Appraisal to properly address the impact of increased recreational pressure on designated sites. We understand that the HRA has concluded that the Draft Plan will not have likely significant effects, individually or in-combination, on the identified European Sites. We welcome, in line with our previous advice, that the assessment has considered the potential for impacts to European sites beyond the district boundary, in accordance with the requirements of the Habitats Regulations. To reiterate our comments at the previous consultation stage, section 4.10 indicates that despite mitigation to address negative effects through the emerging development management policies, uncertainty of the significance of effects remains until further studies on the water cycle and transport impacts/capacities are completed. Natural England again advises that these studies should be completed as soon as possible to provide the evidence required to inform the SA and enable sound judgements to be made regarding which allocations are sustainable and can be taken forward. We note that paragraph 70 of the SA Technical Summary report states that there are uncertainties in relation to some of the negative cumulative impacts on the AONB from the proposed development North of Luton and given the scale of the proposed development we advise that further work is required to understand the cumulative impacts and to determine whether the impacts can be mitigated. As previously advised, the SA cannot rely alone on the emerging development management policies to mitigate the potential adverse effects of proposals on the natural environment, including designated sites and landscapes. An up to date Stage 2 Water Cycle Study, Landscape and Visual Impact Assessment (LVIA) and assessment of air quality and recreational pressure should be provided to inform the SA and demonstrate that allocations will not have any adverse effect on the Chilterns Area of Outstanding Natural Beauty (AONB) or its setting and designated nature conservation and geological sites. Agricultural Land Classification (ALC surveys) are also required, where possible, to assess the impacts of allocations on best and most valuable land (BMV land) and identify measures to mitigate adverse effects. Page 2 of 13 For any queries relating to the specific advice in this letter only please contact Louise Oliver on . For any new consultations, or to provide further information on this consultation please send your correspondences to [email protected]. Yours faithfully John Torlesse Manager enc Page 3 of 13 Annex 1: Central Bedfordshire Draft Local Plan (2015-35) Natural England Detailed Comments Central Bedfordshire Draft Local Plan Section 2.3.2 In accordance with paragraph 111 of the NPPF we advise that the re-use of brownfield land needs to make explicit that brownfield land will be brought forward for development provided that it is not of high environmental value. This should be inherent in the site allocation process and development management policies. Vision and Objectives We would expect the Vision for Central Bedfordshire 2035 to aspire to a high quality natural environment, rather than just a high quality landscape. Section 7.5 Spatial Strategy Approach We welcome recognition of the environmental constraints and opportunities across the district such as Greensand Ridge NIA and the proposed extension to Forest of Marston Vale. The Plan includes generic policies to protect and enhance these areas; however, relevant site allocations policies will need to include robust requirements to deliver specific mitigation and enhancement measures in these areas, along with a clear mechanism for their delivery / funding. Section 8.5 Summary of Housing Growth Locations A number of allocation policies include land within or close to sites designated as SSSI. Natural England will object to any allocation where policy requirements are not sufficiently robust to demonstrate that development will not have an adverse effect on a SSSI. As previously advised the SA should have carefully assessed the potential impacts of development in these locations, alone and cumulatively, on the natural environment, including designated sites. Potential pathways for impacts include increased recreational pressure, changes in air quality and changes in water quantity and water quality should have been assessed in detail through the SA and recommendations for mitigation measures to address adverse effects, and a mechanism for their funding / delivery identified. These recommendations should then have been translated into robust policy requirements. We have provided further advice on this in our comments on the SA and site allocation policies below. Policy SA1: Land North of Luton and proposals in Barton-le-Clay are within / within the setting of, the Chilterns AONB. A Landscape and Visual Impact Assessment (LVIA) has yet to be undertaken to assess the impact of development in these locations on the AONB and its setting, and to identify whether mitigation measures could adequately address adverse effects. Our advice, in the context of paragraphs 115 and 116 of the NPPF, is that a new link road or new housing in the AONB would be classed as major development. Consequently any proposals taken forward in these locations will need to: demonstrate need for the development in that location, including national considerations and the impact of permitting it, or refusing