Regulation 18 draft Local Plan

Object

Representation ID: 4551

Received: 27/11/2023

Respondent: The Woodland Trust

The LP must go beyond minimum requirements for BNG and be an example of best practice and should:
• Require development projects to deliver 20 per cent BNG
• Give consideration to the quantum of other investment sources (public and private) which will be needed in order to meet these targets.
• Require BNG units to be maintained for a minimum of 50 years, not just the 30 set out in the Environment Act:
- this is particularly important for woodland creation, as it takes many decades for new woods to reach maturity and their full ecological potential.
- deliver a rich mix of habitats including native woodland, informed by LNRSes.
- habitat creation funded through other mechanisms (such as public funds) should also be maintained in the long term.

Comments noted. Support and comments noted. Since the Reg 18 Plan was published Government guidance set out in the PPG on BNG has been updated. As a result, the policy is to be changed from 15% to 10% as a higher percentage than the statutory objective of biodiversity net gain needs to be evidenced. In order for the Local Plan to be deemed sound this uplift above the mandatory level must be robustly evidenced.

Disagree regarding securing off-site BNG for 50 years as this would go further than the TCP Act which requires any habitat enhancement to be maintained for at least 30 years after the development is completed. It would not be appropriate to include consideration of funding sources for meeting the BNG target in the policy although details of funding arrangements for any off-setting schemes would be set out in the SPD. The text accompanying the policy already makes reference to Nature Recovery Plans (reword to ‘the Local Nature Recovery Plan.’)

Support

Representation ID: 4552

Received: 27/11/2023

Respondent: The Woodland Trust

The LP should give strong weight to LNRSes for development site allocation at a local level.
• This will be essential to embed avoidance of impacts to existing sensitive natural assets, by providing a ‘spatial’ element to site allocation decisions. It is vital that development is allocated in a way which protects important sites for nature, maintains ecological integrity and maximises potential enhancements from land in recovery.
• Once a site has been allocated in a local plan, it is more likely to receive planning permission, so it is essential to embed ecologically coherent criteria for spatial prioritisation at the framework level.
• LNRSes should also be used to inform priority locations for the provision of green infrastructure, and habitat creation and enhancement through BNG.

Support noted. Allocated sites are identified following an extensive site appraisals process which includes taking into account a number of factors including ones relating to the natural environment. The role of Nature Recovery Plans in informing proposals for biodiversity is set out under the heading ‘Policy Guidance on the requirements and processes for planning applications’ in Policy EN3. Additional text has been proposed to set out the role of the LNRS and it's role in mitigating against the loss of species and habitats associated with climate change and provide further emphasises that Policy EN2 development proposals not subject to the mandatory BNG requirements will still be expected to make a positive contribution towards the LNRS.

Support

Representation ID: 4553

Received: 27/11/2023

Respondent: The Woodland Trust

Protection of valued habitats must be at the heart of the LP. In particular, irreplaceable habitats, including ancient and veteran trees, must be protected from loss and damage. To achieve this, the LP should:
• Give weight to the relevant LNRS, as it is refined, which should identify ancient woodland sites, to ensure that development is not allocated in close proximity to ancient woodland.
• For veteran trees, the LP should encourage them to be recorded on the Ancient Tree Inventory, and to consider locations where it might be suitable to place a Tree Preservation Order on any ancient, veteran or notable trees recorded. In addition, the LP should encourage a buffer zone to exceed the minimum distances stipulated in planning advice.
• For non-ancient and veteran trees, adopt the Bristol Tree Replacement Standard with respect to felling and specify replacement trees be planted no more than 12 times the distance of the original tree’s trunk diameter, to correspond with root extent area.

Support noted. Veteran trees are protected under part 3 d) of Policy EN1. Weight will be given to the Local Nature Recovery Strategy through Local Plan Policy EN2. Suggest some additional wording on veteran trees is included in the text accompanying Policy EN5. Mitigation requirements are set out in Policy EN5.

Support

Representation ID: 4554

Received: 27/11/2023

Respondent: The Woodland Trust

The LP should set standards for high-quality green infrastructure for development.
• Everyone should be able to see three trees from their home.
• Everyone should be no more than 300 metres from the nearest natural green space, with safe and accessible routes.
• Consideration should also be given to the Woodland Trust’s Access to Woodland Standard which aspires that everyone should have a small wood of at least two hectares in size within 500 metres of their home, and a larger wood of at least 20 hectares in size within four kilometres of where they live.

Support noted

Object

Representation ID: 4555

Received: 27/11/2023

Respondent: The Woodland Trust

Rutland’s tree canopy cover is just nine per cent, which contrasts to around 13 per cent for the UK and an average of 38 per cent across the EU. Therefore, we believe that woodland creation should be a major priority for the LP.

Principally, it is key to select the right tree for the right place and, while we recognise the role non-native trees will play in meeting near-term targets, as well as the ability of some to confront specific concerns like air pollution on busy streets, they should be minimised both to prevent the introduction of pests and diseases through tree importation (viz. biosecurity risk) and to offer the greatest ability for already-existing flora and fauna to benefit.
The maximum possible proportion of new trees should be native, and UK and Ireland Sourced and Grown (UKISG). Not only are some pests hazardous to human health, but supporting local nurseries and tree growers confers an economic benefit.

The overall ambition should be for a canopy cover of 30 per cent in new developments.

Comments noted.

Regarding non native trees, trees have many benefits with many exotic (non-native) trees excelling in some. To limit the selection to just 33 native trees is more a detriment than a benefit however amend policy text to ensure non native are only used if appropriate.

Support

Representation ID: 4556

Received: 27/11/2023

Respondent: The Woodland Trust

There should be a robust commitment to protection for individual ancient and veteran trees where identified.

Support noted. Policy EN5 accord with paragraph 186 of the NPPF that states that development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

Support

Representation ID: 4557

Received: 27/11/2023

Respondent: The Woodland Trust

Trees and forests are crucial to life on our planet. They stabilise the soil, generate oxygen, store carbon, play host to a spectacular variety of wildlife, and provide us with raw materials and shelter. They offer us respite, inspire our imagination, creativity and culture, and refresh our souls. A world without trees and forests would be barren, impoverished and intolerable.
We are interested in working with Rutland County Council in developing policies beneficial to trees and woodland in its emerging Local Plan (LP). We would also like to work with this authority to enable it to better protect woodland, particularly irreplaceable habitats such as ancient woodland and ancient and veteran trees, and to plant trees as part of a well-planned network of green infrastructure.
It is essential that the climate and nature crises are addressed jointly, with trees’ remarkable ability to fight each recognised by the LP. So, while encouraged by the LP’s references to trees’ biodiversity contribution, and extensive recognition of Biodiversity Net Gain (BNG), we would like it to go further, assigning definite BNG targets while grasping future opportunities afforded by Local Nature Recovery Strategies (LNRSes) required by the Environment Act 2021.
In summary, we consider that the Environmental Principles must be treated as a foundational component of the LP. As part of incorporating the principles, the LP must support the protection of sensitive natural assets, such as ancient and veteran trees; be an exemplar of emerging BNG practice; and set high standards for the retention and provision of trees within developments.

Support noted.