Main Modifications Consultation

Delete the following text from policy EN2:

Where off-site biodiversity gain is proposed, the Leicestershire, Leicester and Rutland Local Nature Recovery Strategy, once published, should be used to guide the locations of BNG. In addition, the following locational hierarchy should be followed:

1. Within Rutland;
2. Within Leicestershire;
3. Within the adjoining counties of Lincolnshire and Northamptonshire
4. Elsewhere in England.
5. Only when it is demonstrated that there is no possibility of delivering BNG within the above locational hierarchy will the purchase of statutory credits be supported The proposed local locational hierarchy is not intended to diminish the statutory guidance, or to change the way in which the Statutory Biodiversity Metric should be completed, with regards to the spatial risk multiplier.

Add additional criterion to policy to read:

8. where off-site biodiversity gain is proposed, the following locational hierarchy should be followed:
   1. Within Rutland;
   2. Within Leicestershire;
   3. Within the adjoining counties of Lincolnshire and Northamptonshire
   4. Elsewhere in England.

Only when it is demonstrated that there is no possibility of delivering BNG within the above locational hierarchy will the purchase of statutory credits be supported. The proposed local locational hierarchy is not intended to diminish the statutory guidance, or to change the way in which the Statutory Biodiversity Metric should be completed, with regards to the spatial risk multiplier.

Amend policy text of second paragraph of the section headed ‘Management and Maintenance’ of policy to read:

Deadwood within trees and woodland is important to biodiversity and ecology and should be retained wherever the risk of harm is at an acceptable level. Mature shrubs can also have considerable wildlife value and may form part of the natural succession to mature woodland, so should be retained wherever possibleif present.

Amend criterion c) of policy EN6 to read:

3. Grade 3 land may be permitted for Solar PV where the proposal meets the requirements of Policy CC8 - Renewable energy., however grade 1 and 2 will be ruled out for renewable energy use.

Amend supporting text of policy EN6, paragraph 9.44, to read:

Development of the best and most versatile agricultural land will only be supported where it can be demonstrated that the need for the development, its benefits and/or sustainability considerations outweigh the need to protect such land taking into account the economic and other benefits of the best and most versatile agricultural land. Within this policy, significant development refers to housing development of 10 or more homes or a site area of 0.5 hectares or more. For non-residential development it means additional floorspace of 1,000m² or more, or a site of 1 hectare or more. For development on BMV land, the Construction Method Statement submitted with the planning application should include a soil survey and soil management plan. These should demonstrate evidence of good practice for soil management during and after construction.

Amend paragraphs 9.77 to 9.88 and policy EN10 to read:

The Rutland Water Area designation provides special protection for Rutland Water and Policy EN10 sets out the overall approach to development around Rutland Water. This permits small scale development within the five defined recreation areas and the wider Rutland Water area for certain specified uses related to the enjoyment of Rutland Water or for operational uses. Policy EN10 supports the Rutland Water Area (RWA) designation and provides a special layer of protection to ensure that the nature conservation features of this internationally important site and the ‘Valued Landscape’ are respected and protected.

The wider “Rutland Water Area” comprises of the reservoir and its immediate surroundings where small-scale new recreation, sport and tourist facilities developments are limited to those essential for nature conservation or fishing or essential for operational requirements of existing facilities and subject to requirements in terms of location, scale, design, and landscape impact. The Rutland Water Area Landscape Review (2019) provides robust evidence to underpin the identification of the RWA which comprises the reservoir and its immediate surroundings and the five Recreation Areas (RAs) inset within it.

Camping and caravanning activities are seen to be potentially damaging to the character and setting of Rutland Water and are not permitted in the wider Rutland Water Area nor in the defined Barnsdale or Whitwell Recreation Areas.

The Review recognises that much of the shoreline and immediate countryside around Rutland Water benefits from views across the water from elevated land. The Review also provides evidential support for the identification of the wider ‘Rutland Water Area’ in the Local Plan as a ‘Valued Landscape’ as required by the National Planning Policy Framework. Consequently, development proposals in the Rutland Water Area will need very careful consideration to ensure that the high quality of the landscape and the setting of Rutland Water are safeguarded.

Policy EN10 allows for carefully managed limited development of certain specified uses that are carefully designed and located to respect the nature conservation features of this internationally important site and to avoid any adverse impact on the landscape, wildlife interests and general tranquil and undisturbed environment of Rutland Water.

The intention of Policy EN10 is to focus small scale recreation, sport and tourist uses on the five Recreation Areas and control all non-essential development in the wider RWA, limiting it to that which is directly related to the use and enjoyment of Rutland Water or is for operational requirements (by Anglian Water). These uses in the wider RWA are limited to those essential for nature conservation or fishing, walking and cycling, or essential for operational requirements of existing facilities and subject to requirements in terms of location, scale, design, and landscape impact.

Policy EN10 - Rutland Water Area

A. The Recreation Areas

Development in the area defined on the Policies Map as the Rutland Water Area should be carefully designed and located to ensure that it respects the nature conservation features of this internationally important site and does not have an adverse impact on the landscape and wildlife interests and the general tranquil and undisturbed environment of Rutland Water.

Within the five defined recreation areas shown on the Policies Map, new development will be limited to small scale recreation, sport and tourist uses and essential development related to Anglian Water’s operational requirements.

New development must be directly related to the use and enjoyment of Rutland Water and be appropriate in scale, form and design to its location.

The Council will support proposals which contribute to the function and operation of Rutland Water Reservoir, its treatment works, associated networks and supporting infrastructure within the defined Rutland Water Area subject to the criteria below.

New development will be limited to small scale recreation, sport and tourist uses or, essential for Anglian Water operational requirementswithin the five defined Recreation Areas only. These areas are defined on the Policies Map.

In all cases the applicant must demonstrate that the development within the designated Recreation Areas would:

1. be in keeping with its surroundings in terms of its location, scale, form, and design and would not detract from the appearance of the shoreline and setting of Rutland Water;
2. be compatible with other uses of land and leisure activities;
3. not be detrimental to the special nature conservation interests of Rutland Water (including the conservation objectives for the RAMSAR site, Special Protection Area and Site of Special Scientific Interest and the requirements of the Habitats Regulations);
4. not be detrimental to local amenity including increases to the level of traffic movements and, parking in the Rutland Water Area not having a severe adverse impact on road safety or amenity and not be detrimental to highway considerations and
5. no development shouldnot pose a threat to or lead to potential pollution/deterioration of Rutland reservoir and nearby/connecting watercourses.

New construction should be modest in scale and existing buildings utilised wherever possible and appropriate, particularly those of architectural or historic interest or of environmental value.

B. The Wider Rutland Water Area

Outside the five defined recreation areas, new development will only be acceptable where it is demonstrated that it is essential for nature conservation or fishing or essential to the operational requirements of existing facilities, subject to it being appropriate in terms of location, scale, design, and impact on the landscape, SSSI/SPA/ Ramsar designations and biodiversity.

Development in the wider ‘Rutland Water Area’ as defined on the Policies Map will be restricted to small-scale development which will only be acceptable where it is demonstrated that it is essential for nature conservation or fishing, walking and cycling or essential to the operational requirements of existing facilities.

Development must be appropriate in location, scale, design, and does not have an adverse impact on the Valued Landscape, SSSI/SPA/ Ramsar designations and biodiversity and wildlife interests and the general tranquil and undisturbed environment of Rutland Water.

Caravan and camping sites will only be acceptable within the defined recreation areas of Sykes Lane, Normanton, and Gibbet Lane where they are appropriate to the area in terms of its scale, location, and impact on the surrounding area.

The Council will support proposals which contribute to the function and operation of Rutland Water Reservoir, its treatment works, associated networks and supporting infrastructure within the defined Rutland Water Area.

Minerals development, which is likely to have an unacceptable adverse impact on the environmental and recreational value of Rutland Water and its setting and the supply of water from the reservoir, will not be permitted unless the reasons for development outweigh the likely adverse impact. It would need to be demonstrated that the site is required to secure provision or maintain landbanks and cannot reasonably, or would not otherwise be met from, committed or allocated reserves.

Why is this policy needed?

9.80Rutland Water is an important reservoir providing water supplies to the East Midlands and areas to the south and east. It is an internationally important site for nature conservationwith a major role as a recreational facility with importance for tourism and the local economy and the ‘Rutland Green and Blue Infrastructure Strategy’ (2023) (GBI) recognises that not only is it a high quality GBI asset but is also multi-functional with a major role as a recreational facility with importance for tourism and the local economy. Rutland Water attracts thousands of visitors a year and has two visitor centres. It provides the opportunity for recreation including walking, cycling, relaxation as well as water-based sports such as canoeing, kayaking and paddle boarding.

9.81The reservoir and its immediate surrounds have been designated a Site of Special Scientific Interest, a RAMSAR site and Special Protection Area with national and international importance for passage and breeding waterfowl. As such, it receives statutory protection, and any development will be subject to strict controls to ensure that it does not adversely affect the integrity of the site.

The management of Rutland Water falls into two categories: 1) An area managed by the Wildlife Trust for wildlife; and 2) An area managed as a Water Park for people and recreation. The Reserve is a haven for wildlife and is designated as a Ramsar Site, Site of Special Scientific Interest (SSSI) and Special Protection Area (SPA) due to its regional importance as a site for breeding and wintering waterbirds. The Reserve is dominated by the artificial freshwater reserve with a mosaic of wetland habitats and semi-natural woodland. As such, it receives statutory protection, and any development will be subject to strict controls to ensure that it does not adversely affect the integrity of the site.

9.82It also plays a major role in providing recreational activities, of both a passive and active nature, such as sailing and water sports, walking, cycling, bird watching, fishing, and picnicking and it is recognised that some limited development may be needed to support this role.

9.83There are two newly designated bathing waters in Rutland water and appropriate measures that adhere to bathing water criteria should be taken when planning in and around these areas. These are:

1. Rutland Water Whitwell Creek - Bathing water profile
2. Rutland Water Sykes Lane - Bathing water profile

9.84Whilst T the NPPF requires that planning policies should recognise the hierarchy of international, national, and locally designated sites of importance for nature conservation, it also seeks to promote a strong rural economy by supporting the sustainable growth and expansion of rural business. This includes supporting rural tourism and leisure developments that benefit businesses in rural areas, communities, and visitors and which respect the character of the countryside.

9.85The policy approach to the area around Rutland Water has been largely successful since the 1970’s in protecting nature conservation interests of the reservoir and retaining the unspoilt and tranquil nature of the area, while accommodating recreation and tourism needs. focussing new development within the five areas whilst balancing Rutland Water’s important operational and recreational role with the need to protect its nature conservation interests and generally tranquil and undisturbed character.

The Discover Rutland Tourism Strategy 2020 to 2025 (2019) recognises tourism focused development around the Rutland Water Park is integral to the tourism offer in Rutland and it is important for Discover Rutland and Anglian Water to have a close relationship to assist each other in achieving their objectives.

9.86A Landscape Review of the Rutland Water Area (2019) was undertaken to provide robust up-to-date evidence to underpin the identification of the Rutland Water Area and its boundaries, and the Recreation Areas inset within it, as required by the NPPF. The study provides the evidence and reasoned justification to support the identification of the Rutland Water Area in the Local Plan as a ‘valued landscape’

9.87The Rutland Water Area designation provides special protection for Rutland Water. Within the defined Rutland Water Area (RWA) around the reservoir and its immediate environs, strategic policy allows for carefully managed limited development of certain specified uses carefully designed and located to ensure that it respects the nature conservation features of this internationally important site and does not have an adverse impact on the landscape and wildlife interests and the general tranquil and undisturbed environment of Rutland Water. Small scale recreation, sport and tourist uses are permitted within five defined Recreation Areas (RAs) around the shores of the reservoir within the RWA where this is directly related to the use and enjoyment of Rutland Water or for operational uses (by Anglian Water) and appropriate in scale, form, and design to its location.

9.88The whole of the Rutland Water Area including the defined Recreation Areas is also within the countryside as defined in the Local Plan and will be subject to policies relating to development in the countryside.

Delete last sentence of policy EN11:

Caravans, Camping, Lodges, Log Cabins, Chalets and other similar forms of self-serviced holiday accommodation will not be permitted.

Add a new paragraph after paragraph 5 of the policy to read:

Where proposals for enabling development are made to support the renovation and re-use of otherwise under-used or derelict designated heritage assets, and especially where they would be used for a community purpose, the Council will work closely with promoters to ensure that such schemes are appropriate and necessary. Where the community use can be proven and the level of enabling development can be shown to be proportionate and appropriate then such proposals should be permitted.