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Project Title Branston Road High School Ecology and Nature Conservation 6.0A ECOLOGY AND NATURE CONSERVATION A1 Chapter Alterations A6.1 This chapter of the ES Addendum updates the ES with respect to the following: At the request of SCC, two additional Figures (see Figures 3.6 and 3.7, Chapter 3) have been prepared to illustrate the combined hedgerow and tree removal / retention / protection works required by both the Development and the adjacent highways works (under Branston Locks planning permission P/2012/01467). Additional consideration of cumulative effects on hedgerows and trees at the Site and the highways improvement works to Branston Road has been provided (additional summary text associated with cumulative effects has been added to Table 6.11). An updated version of the ‘Preliminary Ecological Appraisal – Branston High School Access and Drop Off Facility’ report by Amey (COSTCDX86201/ ECO1 revision 4). An updated version of the ‘Winter Bird Survey’ report by Middlemarch Environmental Ltd (RT-MME-121302-06) which includes additional survey data (see Appendix 1). A6.2 The additional information presented in this addendum has not altered the significance of the effects on ecological receptors compared with the original assessment. Introduction 6.1 This chapter of the ES assesses the likely significant effects of the Development on the environment in respect of ecology and nature conservation. Policy Context National Planning Policy Framework 6.2 In early 2012, the National Planning Policy Framework 1 (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. 25692/A5/ES2016ESAddendum January 2016 Branston Road High School Ecology and Nature Conservation This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives. 6.3 Chapter 11 of the NPPF, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged. 6.4 Paragraph 117 states that, to minimise impacts on biodiversity and geodiversity, planning policies should: plan for biodiversity at a landscape-scale across local authority boundaries; identify and map components of the local ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them and areas identified by local partnerships for habitat restoration or creation; promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations, linked to national and local targets, and identify suitable indicators for monitoring biodiversity in the plan; aim to prevent harm to geological conservation interests; and where Nature Improvement Areas are identified in Local Plans, consid er specifying the types of development that may be appropriate in these Areas. 6.5 Paragraph 118 states that, when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principle s: if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused (referred to as the ‘Mitigation Hierarchy’); Development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the Site’s notified special interest features is likely, an exception 25692/A5/ES2016ESAddendum January 2016 Branston Road High School Ecology and Nature Conservation should only be made where the benefits of the Development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the Site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest; development proposals where the primary objective is to conserve or enhance biodiversity should be permitted; opportunities to incorporate biodiversity in and around developments should be encouraged; planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and t he loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the Development in that location clearly outweigh the loss; and the following wildlife sites should be given the same protection as European sites: o potential Special Protection Areas and possible Special Areas of Conservation; o listed or proposed Ramsar sites; and o sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Speci al Areas of Conservation, and listed or proposed Ramsar sites. 6.6 Paragraph 123 states that planning policies and decisions should aim to: avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development; mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions; recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established; and identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason. 25692/A5/ES2016ESAddendum January 2016 Branston Road High School Ecology and Nature Conservation 6.7 Paragraph 125 states that by encouraging good design, planning policies and decisions should limit the impact of light pollution from artificial light on local amenity, intr insically dark landscapes and nature conservation. National Planning Practice Guidance 6.8 In March 2014 the Department for Communities and Local Government released guidance to support the NPPF, known as the Planning Practice Guidance (PPG) 2. 6.9 The guidance includes a section entitled ‘Natural Environment: Biodiversity, ecosystems and green infrastructure’ which sets out information with respect to the following: the statutory basis for minimising impacts on biodiversity and providing net gains where possible; the local planning authority’s requirements for planning for biodiversity; what local ecological networks are and how to identify and map them; the sources of ecological evidence; the legal obligations on local planning authorities and developers regarding statutory designated sites and protected species; the considerations for local (non-statutory) designated sites; definition of green infrastructure; where biodiversity should be taken into account in preparing a planning application; how development can enhance biodiversity; how policy is applied to avoid, mitigate or compensate for significant harm to biodiversity and how mitigation and compensation measures can be ensured; and, the consideration of ancient woodlands and veteran trees in planning decisions. Local Planning Policy East Staffordshire Local Plan (2012-2031) 6.10 The Local Plan (2012-2031)3 was adopted by East Staffordshire Borough Council on 15th October 2015. Policies in the Local Plan relevant to this assessment include: Strategic Policy SP23 – Green Infrastructure 25692/A5/ES2016ESAddendum January 2016 Branston Road High School Ecology and Nature Conservation Strategic Policy SP26 – National Forest Strategic Policy SP29 – Biodiversity and Geodiversity Detailed Policy DP8 – Tree Protection 6.11 Further detail regarding each of the policies listed above is provided in Appendix 6.1. Tatenhill Parish Neighbourhood Development Plan 2012-2031 6.12 The Tatenhill Parish Neighbourhood Development Plan (TPDP) 4 includes a series of 8 broad objectives, of which one relates to biodiversity and ecology. This states that “the TPNDP should seek to preserve and enhance the parish’s biodiversity, through supporting the retention, creation and improvement of the blue and green infrastructure networks, including woodland, hedgerows and streams”. The following policies are of relevance to this objective: Strategic Policy 2 – Landscape Features Landscape and Countryside Policy 3 – National Forest and Green and Blue Infrastructure 6.13 Further detail regarding each of the policies listed above is provided in Appendix 6.1. Legislative Context Conservation (Natural Habitats. &C.) Regulations 2010 6.14 The Habitat Regulations 2010 transpose European Economic Community Council Directive 92/43 (The Habitats Directive) into UK law. The regulations place duty upon
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