Support

Representation ID: 9775

Received: 22/07/2022

Respondent: Environment Agency

We generally support policy DM7 Environmental Net Gain. We welcome the references to natural capital and the requirement for wider environmental net gains to be demonstrated as part of an environmental net gain plan. We also note the references to the OxCam LNCP and the Environmental Principles.

We have made some further observations and suggested amendments for the Council to consider below, to strengthen/clarify the policy or supporting text.


• The policy sets out the requirements for ENG and BNG for major development (e.g. 10 or more dwellings). Is the Council aware that Defra hasn’t ruled out BNG for smaller sites in latest consultation e.g. use of a small sites metric?

• The Policy requires a minimum of 10% BNG (although this is not yet mandatory) but the Council should consider whether they want to go beyond the 10% BNG outlined in the Environment Bill. The resultant policy should not encourage a race to the bottom when only 10% is delivered, when more than 10% can be achieved for the long-term benefit of people and wildlife in the district.

• It should also state that Biodiversity net gain should be submitted using the Defra Biodiversity Metric 3.0 or its successor (version 3.1 is being consulted on), but that ways of measuring Environmental Net Gain are currently being developed at a national level. The Defra BNG Metric requires each of the various habitat types within a development site to be enhanced by a minimum of 10%. The metric does not allow for the minimum 10% requirement to be an ‘averaged’ figure with some habitats being enhanced by more than 10% and some by less than 10%. The policy wording needs to reflect the metric requirements. The supporting text needs to make clear that whilst enhancement of habitat types by more than the minimum 10% will be very much encouraged, that cannot occur at the expense of another habitat type on site being enhanced by a minimum of 10%.

• We are pleased to see that the policy follows the mitigation hierarchy. It should be made clear that BNG is in addition to the standard requirements of the mitigation hierarchy i.e., avoid harm where possible, mitigate for the effects or compensate (paragraph 180 of NPPF).

• Suggest the policy references the need for a long-term monitoring and management plan of biodiversity net gain sites, whether within the development area or off site. Also should state that for the net gain sites to become established and effective, 30 years is a suggested period for monitoring/maintenance.