Lower Derwent Valley SPD Bridge

www.eastriding.gov.uk f You Tube East Riding Local Plan Lower Derwent Valley Draft Supplementary Planning Document May 2017 How to get involved The Council would like as many people as possible to have their say on this document. You can read this document on our website or at: • County Hall, Cross Street, Beverley HU17 9BA; • Howden Centre, 69 Hailgate, Howden DN14 7SX; and • Pocklington Library, Pocela Centre, 23 Railway Street, Pocklington YO42 2QU. You may also request a hard copy (for which we have to make a charge to cover printing and postage costs) or a copy on CD by contacting us by telephone or email. You can complete our questionnaire which is available at these same locations, online, or on request from us. Emails and letters would also be welcome. The period in which comments can be made is 12th June, 2017 to the 24th July, 2017. Address: Forward Planning East Riding of Yorkshire Council County Hall Beverley HU17 9BA Telephone: 01482 391738 Email: [email protected] Website: www2.eastriding.gov.uk/spd Executive Summary Executive Summary Location and importance of the Lower Derwent Valley The Lower Derwent Valley is the section of the River Derwent corridor between Kexby to the north and Wressle to the south. City of York Council, East Riding of Yorkshire Council, North Yorkshire County Council and Selby District Council share responsibility as the Local Planning Authority (LPA) for different sections of the Lower Derwent Valley. It is an area of environmental significance in terms of its importance for biodiversity and landscape. This includes sites that are internationally, nationally and locally important for wildlife, plant and animal species and are protected through the planning system by numerous statutory designations. Significant areas of the Lower Derwent Valley have been designated as Sites of Special Scientific Interest (SSSI), Special Areas of Conservation (SAC), Special Protection Areas (SPA) Ramsar sites and a National Nature Reserve (NNR). The Lower Derwent Valley SAC and SPA sites have the highest level of protection from inappropriate development under the Conservation of Habitats and Species Regulations (2010). There are no statutory landscape designations afforded to the Lower Derwent Valley. However, the four LPAs adopted and emerging Local Plan policies identify the Lower Derwent Valley as an important and special landscape of unique quality. Purpose of the document The four LPAs have worked collaboratively, alongside Natural England and Yorkshire Wildlife Trust, to prepare and agree this document. It seeks to support the implementation of development plan policy across the wider area. This will help provide applicants and planning officers with guidance on preparing and determining planning applications in the Lower Derwent Valley. Where relevant, the guidance is capable of being treated as a material consideration in determining planning applications. The key objectives are to: 1. Provide an agreed cross-boundary approach to the conservation of the Lower Derwent Valley. 2. Set out the protection afforded to the Lower Derwent Valley through the planning system. 3. Identify the proposals that could have an impact on the Lower Derwent Valley. 4. Identify the enhancements which could be delivered through the planning system to ensure new development protects and enhances the Lower Derwent Valley. East Riding of Yorkshire Council I Executive Summary Draft Supplementary Planning Document The draft SPD covers only that part of the Lower Derwent Valley that is located within East Riding of Yorkshire. At this stage, only East Riding of Yorkshire Council will adopt this document as a SPD. This is due to the fact the LPAs involved are at different stages in the preparation of their respective Local Plans, and SPDs must relate to adopted Local Plan policies. It will be used by East Riding of Yorkshire Council to consider development proposals within East Riding of Yorkshire that could have an impact on the Lower Derwent Valley. Contents of the document The document comprises two parts. 1. Part 1 considers the environmental importance of the Lower Derwent Valley and the protection afforded to the area through the planning system. 2. Part 2 provides guidance for LPAs and applicants and is directly relevant for development proposals. Lower Derwent Valley designation The Lower Derwent Valley is one of the largest and most important examples of traditionally managed species-rich habitat remaining in the United Kingdom. Significant areas of the Lower Derwent Valley have been designated as a Site of Special Scientific Interest (SSSI), Special Areas of Conservation (SAC), Special Protection Area (SPA) Ramsar site and National Nature Reserve (NNR). These designations recognise the significance of the wildlife, plant and animal species present in the area. Defining the boundary to apply the guidance and identifying relevant development proposals A 1 kilometre (km) boundary is identified as the core area within which development proposals could impact on the Lower Derwent Valley. In this area, the guidance in the document is particularly important. The 1km distance is measured from the designated sites. The type of development proposals likely to have a significant impact on biodiversity and/or landscape features within this area are set out. Biodiversity and landscape enhancements Applicants are encouraged to implement appropriate measures to enhance biodiversity and landscape. Examples of enhancements are provided including the provision of tree and hedgerow planting. These enhancements are particularly relevant to the types of development in the document. II East Riding of Yorkshire Council Executive Summary The planning application process The planning application process is considered. LPAs have a duty to consult Natural England before granting planning permission for any development that is in, or likely to affect, a SSSI, SAC, SPA or Ramsar site. Applicants are encouraged to seek pre-application advice to help establish the potential impact of a development proposal. The documentation that may be required to accompany a planning application is set out including Ecological Appraisal, Protected Species Survey, Landscape and Visual Impact Assessment and Habitats Regulation Assessment. Habitats Regulations Under the Habitats Regulations, LPAs must undertake a formal assessment of the implications of applications which are capable of affecting the designated interest features of SPA and SAC sites. ‘Habitats Regulations Assessment’ (or HRA) requires consideration of impacts on a designated site and land that is outside, but functionally connected to, the designated site. Whilst the 1km boundary represents the core area for the guidance, Impact Risk Zones (IRZ) are a particularly important tool to assess wider impacts of a development under the HRA process. The document encourages the use of IRZs, which are a Geographical Information Systems (GIS) tool defined by Natural England, for this purpose. They are applied nationally to inform an assessment of the potential risks to biodiversity posed by development proposals and are set at different distances, ranging from 50 metres to 20km. Each IRZ indicates the types of proposals/developments which, at that distance, are likely to have an impact on designated sites are considered to be medium or high risk. These impacts would then need to be considered through a HRA. Permitted development Permitted development rights are covered in more detail. The General Permitted Development Order (GPDO) sets out forms of development that may not need planning permission subject to specified criteria. Increasingly the Government is bringing in additional classes of permitted development that are permitted subject to “prior approval” from the LPA. When considering prior approval applications the LPA can only consider certain specified matters, however all permitted development rights are subject to the Habitats Regulations and developers have to comply with environmental legislation such as that for protected species. Implementing enhancements Planning conditions and legal agreements are often necessary to implement biodiversity and landscape enhancement measures. Where they are needed, planning conditions will be enforced by the relevant LPA. East Riding of Yorkshire Council III Contents Executive Summary ..................................................................................................... 1 1 Introduction ............................................................................................................ 1 2 The importance of the Lower Derwent Valley .................................................. 6 3 The protection afforded to the Lower Derwent Valley .................................... 8 International protection ................................................................................................................................. 10 National protection......................................................................................................................................... 10 Functionally connected land .......................................................................................................................... 11 Locally designated sites .................................................................................................................................. 11 National planning policy ................................................................................................................................

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