Draft Biodiversity and Geodiversity Policy
Why are these policies required?
Biodiversity is the variety of life on earth, and includes all plants and animals and the natural systems and
habitats that support them. The East Midlands, as a whole, has suffered declines in biodiversity generally
recognised to have been greater than any other English region1. Two of the main reasons for this are 1)
the loss of habitat through development and 2) the deterioration of habitat quality (e.g. through the lack of
appropriate management and pollution). Currently, important habitats have become fragmented, leaving
them isolated and more difficult for wildlife to thrive and respond to changes in their environment, such as
exposure to pollution and climate change.
The East Midlands region covers 12% of England's total land area, although, as a region, it has the lowest
percentage of surface area covered by statutory (i.e. national or European importance) protected sites for
natural and geological conservation in all of England: approximately 4.5%. On a positive note, there are
approximately 80 locally designated wildlife sites (known locally as Sites of Importance for Nature
Conservation or SINCs) dispersed around the District. These are designated to protect significant areas
for biodiversity that support rare and scarce species of at least county (local) importance and to safeguard
wildlife areas that aren’t captured by national and international criteria.
In order to adequately protect and enhance biodiversity, it is important that designated sites, habitats,
landscape features, and the benefits they provide are viewed as an interconnected resource; an ecological
network that provides social, economic and environmental services required for a healthy and functioning
society. This approach is endorsed through the NPPF and the Government White Paper (2011) - The
Natural Choice: securing the value of nature. There is also a national commitment to halt overall declines in
biodiversity and move towards ‘net gains in biodiversity’2.
These networks provide important ecosystem services for us, including: provisioning services such as the
production of food and water; regulating services such as control of climate and disease; supporting
services such as nutrient cycles and crop pollination; and cultural services such as spiritual and
recreational benefits.
Growth within the District is likely to result in increased pressures on existing biodiversity and geodiversity
resources. Development should firstly, aim to avoid impacts on the natural environment by prioritising
development on the least sensitive areas and avoiding further fragmentation of ecological networks.
Conversely, development has the potential to help improve existing ecological networks, through planning
contributions, sensitive design and biodiversity off-setting; this should be encouraged by helping to ensure
net gains in biodiversity.
In accordance with European legislation and the UK Habitats Regulations (2010), policies and
development need to be mindful of potential impacts on European sites; this includes the Birklands and
Bilhaugh Special Area of Conservation (SAC). In addition, areas within the Sherwood Forest are currently
being considered as a possible future Special Protection Area (SPA). This is being assessed along-side a
UK-wide SPA Review Programme led by Defra. Natural England has advised local authorities that in order
to reduce future risks, Local Authorities should satisfy themselves that current planning applications
contain ‘sufficient objective information to ensure that all potential impacts on the breeding nightjar and
woodlark populations have been adequately avoided or minimised’3.
A Green Infrastructure and Biodiversity Supplementary Planning Document (SPD) will be provided to give
further guidance for implementing this policy.
1
East Midlands Biodiversity Forum (EMBF). May 2006. A Biodiversity Strategy for the East Midlands.
Environment White Paper 2012 & National Planning Policy Framework 2012.
3
Natural England Advice Letter (June 2010, updated July 2011).
2
Ecological Networks
Designated
Sites for
Nature
Conservation
Protect
Habitats &
landscape
features
Species &
Populations
Support
Support
Provide
Ecosystem
Services
Sustainable
Development
Conserve, Enhance & Re-Connect
The diagram above helps to illustrate the connections between biodiversity, the ecosystem services, and
sustainability.
What will the say
Policy (1): Net Gains in Biodiversity, Ecological Networks and Services
The Council will seek to protect the District’s ecological network4 from harm. In doing so, development
shall follow an approach where avoidance is the primary aim (avoiding fragmentation and applying a
sequential approach), followed by mitigation and then compensatory measures with regards to
protecting the District’s ecological network, the services it provides and the species it supports.
Where relevant, development will incorporate and contribute to net gains in biodiversity5, with regards
to site location, layout, design and management. Such development should seek to exploit
opportunities6 to incorporate biodiversity and/or geodiversity enhancement on and off-site, as it relates
to the development. The restoration, enhancement, expansion and linking of appropriate habitat
connections7 will be encouraged through development, in accordance with the Strategic Green
Infrastructure Policy and related Supplementary Planning Document (SPD).
Development should consider the following hierarchy of protection and enhancement measures in
relation the District’s ecological network:
 Avoid fragmentation of the ecological network8, giving special consideration to protecting and
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improving heathland/acid grassland mosaic, wetland habitats, calcareous grassland and woodland
habitat linkages.
Ensure appropriate management of existing and newly created/restored habitats, in accordance with
existing, relevant management plans
Ensure connectivity of existing ecological networks are reinforced at site specific and landscape
scales across political and development boundaries, prioritising the creation of new habitat adjacent
to existing habitats9.
Protect and improve relevant ecosystem services (e.g. flooding, water quality, urban cooling,
community benefit, etc)
Where feasible involve local communities and Local Nature Partnerships in the planning for and longterm management of biodiversity and designated sites e.g. through design, education/interpretation,
management, & wardening.
Take account of the impacts from and design in resilience to climate change
Compensate through biodiversity off-setting.10
The district’s ecological network is made up of a) designated nature conservation sites (European, National and
Local), b) UKBAP/LBAP priority habitats, c) ancient woodland and d) landscape features of principle importance (e.g.
hedgerows, disused railway lines, rivers).
5
Biodiversity relates to biological diversity including diversity of species, habitats, landscape features, ecological
communities and systems. Net gain, in essence, refers to the point where biodiversity gains from targeted conservation
activities exceed the losses of biodiversity due to the impacts of a specific development project. Net gain can also occur
where the enhancement and creation help improve what existed before development took place. Gains are likely to be
successful if a combination of type, amount and condition (or quality) of biodiversity, over space and time, is
addressed. See Green Infrastructure and Biodiversity SPD.
6
This includes exploring creative ways in which to improve the quality and types of habitats and/or ecosystem
processes that support biodiversity inhabiting and utilising both urban and countryside environments.
7
These include key landscape features and priority Local (Nottinghamshire) and UK Biodiversity Action Habitats.
Further guidance is available in the Green Infrastructure and Biodiversity SPD.
8
Avoid location of development on sites that would create barriers to movement and migration for biodiversity. In
addition: could the development be located in a different location OR could it facilitate the creation of wildlife
corridor(s) through site layout and design?
9
For Mineral and Waste Sites, creation and enhancement should also be sought in accordance with the Mineral and
Waste Local Plans. Also see GI and Biodiversity Supplementary Planning Guidance (SPD).
10
Biodiversity off-setting should only be sought where development cannot be avoided and where loss of biodiversity
cannot be adequately mitigated on-site. Biodiversity loss due to development should be off-set through the creation or
re-creation of equivalent habitats or landscape features elsewhere, in order to ensure existing ecological networks are
further strengthened. If none of these are possible, permission should be refused.
4
Policy (2): Protection of Designated Ecological and Geological Sites
Development that might affect sites designated for their nature and/or geological interest, will firstly, be
subject to the requirements set out in the relevant European and UK legislation. Whilst the following
sites, and their features of interest, should be protected from development, there is a clear hierarchy of
protection beginning with European Sites (highest protection).
2A. European sites
Development which may affect a European site (Natura2000)11 and its features of interest will be
subject to the most rigorous examination. Development that is not directly connected with the
management of the site for nature conservation, and is likely to significantly impact on the site and its
features of interest (either directly, indirectly or in-combination) or where it cannot be determined if it
would adversely affect the integrity of the site, will not be permitted and relevant Habitat Regulations
legislation will apply.
Development proposals should take a precautionary approach to development with respect to potential
impacts on the Birklands and Bilhaugh Special Area of Conservation (SAC) and Nightjar and Woodlark
populations and their habitats within the Sherwood Area:
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Residential development within 5kms, should ensure that Suitable Alternative Greenspace
(SANGs) are created or existing SANGs are enhanced in order to buffer recreational impacts on
sensitive habitats and species.
Development that includes roads within 200m and industrial sites12 within 10km of the SAC and
sensitive bird habitats (heathland and oak-birch woodland) should assess and address,
accordingly, impacts from air and noise pollution.
2 B. Sites of Special Scientific Interest (SSSI)
Development that may affect a SSSI13(not covered under a European designation), will not normally be
granted, unless the benefits of the development clearly outweigh the nature conservation value of the
site14, its role within the wider ecological network and the ecosystem services it supports. Natural
England will be consulted in all such cases.
Development that cannot be avoided and may have an adverse impact, either directly or indirectly
(alone or in combination), will be subject to special scrutiny. Decisions regarding this special
consideration of allowable development will be informed by a suitable Environmental Impact
Assessment which identifies the impact(s) on the SSSI (its special features, role within the wider
ecological network and the ecosystem services it provides) and appropriate avoidance, mitigation,
monitoring and or/compensation measures.
2 C. Locally and Regionally Important Nature Conservation and Geological Sites, Local Nature
Reserves and Ancient Woodland
Development likely to have an adverse impact on a Regionally Important Geological Site (RIGS), Site
of Importance for Nature Conservation (SINC) and/or Local Nature Reserve (LNR) will not normally be
permitted unless it can be clearly demonstrated that there are reasons for the proposal which outweigh
the nature conservation value of the site, its role within the wider ecological/geological network and the
11
As stated in the National Planning Policy Framework (NPPF), European sites include: Special Areas of Conservation
(SAC), Special Protection Areas (SPA) and Ramsar sites. Proposed SPAs (pSPA) and possible SACs (cSCA), and
proposed Ramsar sites will be afforded the same level of protection as designated European sites.
12
Nitrogen deposition rates for the area within and around Birklands and Bilhaugh SAC currently exceed critical
thresholds. Major sources of NOx & ammonia include: power stations, cement works, waste incinerators, refineries,
ferrous metal production, motor vehicles, fertiliser production and agriculture (livestock).
13
The planning authority should bear in mind the possibility that certain developments may affect a site some distance
away. For example, a wetland site might have its water table lowered as a result of water abstraction some considerable
distance away; and a river SSSI might be affected by an upstream development.
14
See Green Infrastructure & Biodiversity SPD.
ecosystem services it supports14.
Due to its irreplaceable nature, development that would result in the loss and/or deterioration of Ancient
Woodland (AW), Ancient Hedgerows and Ancient/Veteran Trees will not normally be permitted.
Development that would result in the loss of Planted Ancient Woodland (PAW) should also not be
permitted, unless the need for, and benefits of, the development outweigh the loss14.
For RIGS, SINCs LNRs and Ancient Woodland: appropriate surveys/ environmental appraisals will be
required and must demonstrate a) impacts likely to occur based on the reason for designation, its role
within the wider ecological network and relevant ecosystem services it supports; b) how these impacts
may be avoided and/or mitigated on and/or off-site; and c) any benefits that the development (e.g.
through design and layout) may provide in order to adequately mitigate and/or compensate likely
impacts and contribute to biodiversity gains.
Policy (3): Species Protection
Where development is likely to negatively impact species (and their habitats) protected under
statutory15 legislation, permission will be subject to the requirements set out in relevant European and
UK legislation.
Where development is likely to negatively impact species of principle importance16 (and their habitats),
their protection will be sought, unless the need for, and benefits of, the development clearly outweigh
that harm14.
Planning permission will be subject to appropriate ecological/geological surveys and an impact
assessment which addresses a hierarchy of appropriate avoidance, mitigation and/or compensation
measures17 as per Natural England Standing Advice. These measures should also relate to the
associated habitats, landscape features18 and ecological networks that support these species.
What are the implications of using this policy?
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Addresses key principles and requirements of the NPPF, Government Environment White
Paper (2010), and national and European legislation.
Contributes to the protection and enhancement of biodiversity and geodiversity in the district in
a connected, creative and holistic way.
Contributes to sustainable development. Helps guide new development away from unsustainable locations within the district and also recognises that development can contribute
positively to biodiversity.
Addresses the national commitment to halt overall declines in biodiversity and move towards
‘net gains in biodiversity’, by supporting healthy and functioning ecological networks and
systems.
Policy Implementation
Green Infrastructure and Biodiversity SPD and Key Diagrams (Ecological Network and Habitat
Opportunity maps) will be provided to give further guidance for implementing this policy.
15
Includes European Protected Species, Annex I, Annex II and Species of Principle Importance in England as per
relevant European and National legislation e.g. Wildlife and Countryside Act 1981, Habitats Regulations (2010) as
amended, Badger Act, etc.
16
Section 41 of the NERC Act (2006) and subsequent UK Biodiversity Action Plan priority species and/or
Nottinghamshire (Local) Biodiversity Plan priority species updates.
17
For further information, see Natural England’s Standing Advice.
18
Landscape features are those that, because of their linear and continuous structure or their function as stepping-stones,
are essential for migration, dispersal and genetic exchange. Examples include: hedgerows, ponds, rivers, small
woodlands. Article 10 of the Habitats Directive requires Member States (where they consider it necessary) to
endeavour to encourage the management of features of the landscape that
are of major importance for wild flora and fauna. These include, for example, river with their banks, hedgerows, ponds
and small woods.