NATURAL ASSETS

WELCOME TO THE PLANNERS CPD WEBINAR WHICH WILL BEGIN SHORTLY CHAIR

Andrew Pritchard

East Midlands Councils Environmental Law - Present & Future

Hugh Richards Planners Webinar – 8 October 2020 What’s Hot in Environmental Law?

▪ Recent stuff – Air Quality – Nitrogen Deposition – EIA and Habits Regs ▪ Coming down the track – Environment Bill 2020 – Brexit fall-out – Planning Reform – Court Cases Air Quality ▪ Impact on AQ is a material consideration in planning decision-taking ▪ Local AQMA are a particular concern ▪ There is a legal requirement for a national Air Quality Plan (AQP) ▪ The government keeps losing legal challenges to the adequacy of the AQP – the ClientEarth litigation ▪ LPAs left as ‘piggy in the middle’? ▪ Can a LPA rely on the government eventually getting it right and reducing emissions by “the soonest date possible”? Air Quality mitigation – can I write a cheque?

▪ Gladman v SSHCLG [2019] EWCA Civ 1453 (12 Sept) ▪ “No” ! ▪ “It was not the methodology that was in contention. It was the likely effectiveness of the financial contributions themselves when translated into practical measures. The thrust of the objection by CPRE Kent, which the inspector accepted, was that it could not be demonstrated that the financial contributions would produce practical mitigation sufficient to overcome the likely effects of the development on local air quality.” ▪ “This was a classic matter of planning judgment. The inspector did not have to accept that because an appropriate arithmetical method had been used in calculating the level of financial contributions, the mitigation measures themselves would be effective. It was for him to consider, in the exercise of his planning judgment, whether the mitigation would be effective.” Nitrogen Deposition ▪ Nitrogen in Amonia pollutes water. There are EU rules (like AQ) to protect species and water bodies. ▪ Amonia comes from urine (animal and human) and fertilizer. New houses generate more urine! ▪ If there is a problem which can’t be fixed by mitigation you may have to refuse planning permission. ▪ Why? ……….. Appropriate Assessment

C-164/17 Grace & Sweetman v An Bord Pleanála ▪ Mitigation measures cannot be used to ‘screen out’ the need for AA. But they can be used in the AA to conclude there will be no adverse effect C-461/17 Holohan v An Bord Pleanála ▪ Must assess the implications of the project for (i) species present on the site but for which the site is listed and not listed; and (ii) habitats and species outside the site boundary must be identified and examined to the extent that those implications are liable to affect the conservation objectives of the site EIA Regs – Screening Opinions

Kenyon v SSHCLG [2020] EWCA Civ 2020 ▪ Useful review of case law ▪ Deprecates challenges that are “unduly forensic and nit-picking”

BUT R(Swire) v SSHCLG [2020] EWHC 1298 (Admin) ▪ Successful judicial review of a screening opinion ▪ SS (as decision-maker) had identified that the issue of BSE burial site contamination required further investigation, assessment and remediation if required. ▪ Whilst the potential for BSE-related contamination had been identified, the scale and nature of the contamination and the specific remediation measures required to address it had not been identified. Insufficient evidence was available. Environment Bill 2020 ▪ Going through parliament now – mid 2021? ▪ Legal (not policy) requirement for Biodiversity Net Gain ▪ Not simply a “have regard to” duty – Local Nature Recovery Strategies – targeted measures to protect existing trees – conservation covenants – a 10% biodiversity net gain requirement on new development secured by a mandatory condition on planning permissions ▪ Development may not begin unless a biodiversity gain plan has been submitted to the LPA and the LPA has approved the plan. ▪ A “metric” to calculate pre and post biodiversity value ▪ Transition period of 2 years Brexit Fall-out

▪ Technically no change – EU law becomes UK law ▪ But a review of EIA/AA/SEA process announced – to end “newt counting delays” ▪ Focus on “substance” not “process” - “protect more of what is precious” ▪ Increased focus on UK-scarce species / habitats ▪ Government to collect more data at a national level about “flood risk, habitats, species, and air quality” ▪ Not sure on the details yet! Planning Reform – the White Paper ▪ Will it offer stronger protection of the environment? ▪ How will the inevitable tension between ‘meet needs’ and ‘protect’ be resolved? ▪ Environmentalists are not happy! ▪ Watch this space Court Cases Coming Soon!

▪ Challenge (14.10.20) to recent changes to UCO and PD rights on lack of consultation, screening / SEA, PS Equality Duty, failure to consider material considerations ▪ Heathrow Airport in the Supreme Court – Climate Change ▪ C-254/19 Friends of the Irish Environment Ltd v An Bord Pleanála AG’S opinion “the decision to extend the duration of the development consent to construct the facility [from 10 to 15 years], in the absence of which no works may be carried out, must be regarded as independent agreement of a project such as to trigger Article 6(3) of the Habitats Directive” Thank you

Hugh Richards [email protected] The work of Nenescape Amanda Johnson – Scheme Manager A National Lottery Heritage funded initiative of collaborative project brought together by multiple partners, to achieve a shared vision of a healthy and resilient , where the local wildlife What is prospers alongside agricultural and recreational activities.

Nenescape? The landscape's industrial, cultural and archaeological legacies are shared and valued by those living and working in the Nene Valley and opportunities to learn about and manage the heritage and the local environment are accessible and plenty.

Our funders, partners and volunteer organisations

ANGLING TRUST - ASSOCIATION OF NENE RIVER CLUBS - BBC CHILDREN IN NEED - BBC LOOK EAST - BBC - BEAT ROUTE RADIO - BOROUGH COUNCIL OF WELLINGBOROUGH - BREAKING NEW GROUND LPS - THE BRECKS: FEN EDGE & RIVERS LPS - BRITAIN’S BEST SURPRISE - BUDDIES OF BECKETS PARK - CAMBRIDGESHIRE ACRE - CAMBRIDGESHIRE POLICE - CANAL & RIVERS TRUST - CANOE2 - CARLSBERG UK - CINEWORLD SIXFIELDS - DAME JOODY - DELAPRE ABBEY - DERWENTWISE LPS - DESTINATION NENE VALLEY - DIALOGUE MATTERS - EAST COUNCIL - ENVIRONMENT AGENCY - ESP MAGAZINE - FESTIVE ROAD - FIFTH CONTINENT LPS - FRIENDS OF CROYLAND PARK LOST ZOO GARDEN - FRIENDS OF THE GREENWAY - FRIENDS OF THE RIVER NENE - FROGLIFE - GREENSAND COUNTRY LPS - GROUNDWORK NORTHAMPTONSHIRE - HIGHAM FERRERS TOWN COUNCIL - HISTORIC - ICARUS - IDVERDE - INLAND WATERWAYS ASSOCIATION - IRCHESTER SCOUTS - IRTHLINGBOROUGH ARCHAEOLOGICAL SOCIETY - IRTHLINGBOROUGH SCOUTS - ITV ANGLIA - KINGSTHORPE COLLEGE - LANGDYKE COUNTRYSIDE TRUST - MARITIME VOLUNTEERS SERVICE - METAL - MINER2MAJOR LPS - MOMENT MAGAZINE - MUSEUM OF LEATHERCRAFT - NATIONAL LOTTERY HERITAGE FUND - NATURAL ENGLAND - NENE PARK TRUST - NENEQUIRER - NENE VALLEY ARCHAEOLOGICAL TRUST - NENE VALLEY CATCHMENT PARTNERSHIP - NENE VALLEY COMMUNITY ACTION - NENE VALLEY RAILWAY - NLIVE RADIO - NN PULSE - NORTHAMPTON BOROUGH COUNCIL - NORTHAMPTON CHRONICLE - NORTHAMPTON FILMHOUSE - NORTHAMPTON INTERNATIONAL ACADEMY - NORTHAMPTON NENE ANGLING CLUB -NORTHAMPTONSHIRE ACRE - NORTHAMPTONSHIRE ARCHIVES SERVICE - NORTHAMPTONSHIRE BATTLEFIELDS SOCIETY - NORTHAMPTONSHIRE BIODIVERSITY RECORDS CENTRE - NORTHAMPTONSHIRE COUNTY COUNCIL COUNTRY PARKS - NORTHAMPTONSHIRE GARDENS TRUST - HERITAGE FORUM - NORTHAMPTONSHIRE HIGHWAYS - NORTHAMPTONSHIRE LIBRARIES - NORTHAMPTONSHIRE LOCAL NATURE PARTNERSHIP - NORTHAMPTONSHIRE MUSIC AND PERFORMING ARTS TRUST AND SCHOOLS - NORTHAMPTONSHIRE NATURAL HISTORY SOCIETY - - NORTHAMPTONSHIRE ROTARY CLUBS – NORTHAMPTONSHIRE TELEGRAPH - ONE TO ONE DEVELOPMENT TRUST - OUNDLE INTERNATIONAL FESTIVAL - OUSE WASHES LPS - OXFORD ARCHAEOLOGY - PECT - PETERBOROUGH AND DISTRICT ANGLING ASSOCIATION - PETERBOROUGH CATHEDRAL - PETERBOROUGH CITY COUNCIL - PETERBOROUGH MUSIC HUB - RAILWORLD - TOWN COUNCIL - RIVER NENE REGIONAL PARK – RIVERS TRUST - ROCKINGHAM FOREST TRUST - ROYAL & DERNGATE - RSPB - RUSHDEN HISTORICAL TRANSPORT SOCIETY - RUSHDEN LAKES - RUSHDEN MUSEUM - RUSHDEN TOWN COUNCIL - RUTLAND MUSIC - SCREEN NORTHANTS - SERVICE SIX - STANWICK PARISH COUNCIL - THAMES FESTIVAL TRUST - THORPEGATE RIVERCARE - UNIVERSITY CENTRE PETERBOROUGH - UNIVERSITY OF NORTHAMPTON - UNIVERSITY OF NOTTINGHAM - VEOLIA - VIVACITY - VOLUNTARY IMPACT NORTHAMPTONSHIRE - WATER, MILLS & MARSHES LPS - WELLINGBOROUGH AND DISTRICT NENE ANGLING CLUB - WELLINGBOROUGH MUSEUM - WILDLIFE TRUST FOR BEDFORDSHIRE, CAMBRIDGESHIRE AND NORTHAMPTONSHIRE - WILLIAM SCOTT ABBOTT TRUST • To understand and promote the identity of the Nene Valley and explore how past industries Exploring the Nene Valley: and peoples have shaped the landscape • To bring communities together, developing people, heritage and identity in a changing their skills to respond to current and future landscape pressures through the interpretation and restoration of heritage and habitats. Nenescape project area - 198km2 between Northampton and Peterborough

Nenescape in numbers 12 2 core 190km twitter £2.6million funded project area followers cash from Heritage partners 802 Lottery Fund Facebook £5million 374 followers Estimated total scheme value 16 5 projects to year 140 be delivered Scheme 115 supporting newsletter 415 unique visitors to partners recipients Nenescape website last month How has Nenescape been able to improve environmental quality at the same time as delivering wider social and economic benefits?

• Secure the Future • Explore the Now • Listen to the Past Secure the future Explore the Now Listen to the Past Communities and volunteers are at the heart of everything we do Milestones completed this year… • Settlers Barn and Garden – Stanwick Lakes • Roundhouse – Stanwick Lakes • 752m of Boardwalk – Ferry Meadows • Rivers of the World – Ferry Meadows • 2 farming documentaries for 900 voices collection • Sponsored a feature film! – ‘Nene’ • 120 events and more than 40,000 visitors at 2019 Nene Valley Festival • Community mural, new benches and signage – Rushden Greenway • All aboard for Rushden digital heritage trail – Rushden town to lakes • Launch new Nene Valley website • Back channel and bank restoration – 6 sites • New signage, carvings and seating – Barnwell Country Park • 20 Lets Fish events – across the Nene Catchment • 11 angling coaching events, 50 new multi-lingual angling signs – across Nene Catchment • 3 Polish schools, 300 young people and families engaged in Angling competition • 18 schools participated in history immersion days – Upper Nene Valley • Traditional skills training courses and over 30 community heritage activity days – Stanwick Lakes • 2 Heritage Conservation apprenticeship places created – Ferry Meadows • 2 Intern places provided, in community and environment projects – RNRP & Wildlife Trust Nene catchment wide • Flagship wetland restoration project with new interpretation panels – Ferry Meadows • 5,971 hours given in volunteer time across the scheme • Weekend River clean up, in partnership with 7 wider partner organisations – Northampton waterside Useful Nenescape project links • Nenescape project website: nenescape.org/ • New Nene Valley website, celebrating the Nene Valley as a destination: nenevalley.net/ • Nene Valley Festival: https://nenevalley.net/about/festival/ • Settlers of the Nene Valley at Stanwick Lakes: nenesettlers.org/ • Walking with Romans at Nene Park Trust: www.nenepark.org.uk/walking-with-romans • 900 voices of the Nene - online archive and digital installation: https://900voicesofthenene.co.uk/ • Nene on film and ‘Nene’ trailor: https://nenescape.org/projects-1/film • Artcodes of the Nene: https://www.horizon.ac.uk/nenescape-artcodes-along-the-nene-ice-age-to-digital-age-project-update/ • All aboard to Rushden (Artcodes) https://play.google.com/store/apps/details?id=uk.ac.horizon.artcodes.nenescape&hl=en_US • Out to Water, Into history facebook group: https://www.facebook.com/groups/1991932484353679/ • Greenway plan: https://www.east-northamptonshire.gov.uk/greenway • Angling Trust, Building Bridges: https://linesonthewater.anglingtrust.net/2017/12/08/building-bridges-on-the-nene-phase-ii/ • Resilient river project: https://www.riverneneregionalpark.org/projects/resilient-river/ • Resilient River case studies: https://www.riverneneregionalpark.org/projects/case-studies/?fbclid=IwAR1goLBIVTK7imGW43A_lQgxMce_ammbsx4sDg5yY- knGjWIxMbVC_jQjZY • River Nene Regional Park: www.riverneneregionalpark.org/ • Farming for the future: www.wildlifebcn.org/farming-future • Bring Nature Closer, Nene Park Trust: https://www.nenepark.org.uk/bringing-nature-closer • Nene Valley Nature Improvement Area (NIA): https://www.wildlifebcn.org/nene-valley-nia • Nenescape project image gallery: https://nenescape.org/gallery?rq=gallery

NENESCAPE YEAR 1 SUMMARY

NENESCAPE YEAR 2 SUMMARY

@Nenescape Creating a ‘Wildway’

Achieving Natural Capital Net Gain and a contribution to a UK Nature Recovery Network The state of nature

Wildlife-rich places have been defended and protected for decades - woods, marshes, meadows, and moorland – mainly as nature reserves.

This has largely safeguarded many aspects of the natural world that would have been destroyed, and reduced the rate of wildlife losses in some areas.

These were emergency measures, taken against a tide of widespread destruction to our natural habitats. The state of nature

We know that protected sites alone are not enough to achieve wildlife’s recovery

In the last 100yrs, the pressures on the natural environment have become so great that the abundance of wildlife has more than halved and species have become extinct

We’ve done much to slow the rate but most of our wildlife continues to decline, and faces an uncertain future due to a changing climate

We are now facing a joint ecological and climate emergency The state of nature Landscape scale thinking & Lawton Review

Government policy

Ambition to leave the natural environment in a better state than we found it

Mandatory net gain for biodiversity (via the Environment Bill) Why do we need a Wildway? What’s our starting point? Ambition

A vision that will enable us to integrate the area through new, green and blue infrastructure

…maximise green connections What’s our starting point? Who?

A Natural Capital Net Gain Working Group (under the umbrella of the interim vehicle for the Development Corporation)

Formed in July 2020 with representation from the Environment Agency, British Geological Survey, local authorities and industry partners What’s our starting point? Broxtowe What’s our starting point? Greater Nottm What’s our starting point? UK-wide Nature Recovery Networks – Environment Bill What is a Nature Recovery Network?

A Nature Recovery Network is a joined-up system of places needed to allow nature to recover and thrive.

It is a combination of the existing places where wildlife is more abundant, and the places where new habitats need to be restored or created in order to expand and connect the remaining fragments so that nature can recover.

To be effective, it must include rural areas, towns and cities, and connect across boundaries Toton/Chetwynd Ratcliffe-on-Soar Power Station East Midlands Airport A Wildway…? Nature Recovery Network What next?

1) Produce picture of current Green and Blue Infrastructure/Natural Capital within the East Midlands Development Corporation area

2) Produce picture for potential GI/BI opportunities – based on Biodiversity Opportunity Mapping and GI strategy work

3) Undertake a Natural Capital Assessment to compare the current and potential i.e. how much more Natural Capital and what difference in ecosystem services?

4) Potentially undertake Natural Capital valuation of current and future to gauge the increased financial value of a Green/Blue vision Discussion Q & A SESSION