Policy NE1

Support

Representation ID: 3729

Received: 21/08/2021

Respondent: Elizabeth Corkery

Environmental net gain is essential but we should not be destroying established ecosystems and then replacing with new areas of grassland etc that are double the size just to mask the changes that have taken place. Well-established and integrated ecosystems are more essential and these should not be destroyed, incl. old hedgerows and roadside natural reserves. These should NOT be disrupted.

Object

Representation ID: 3836

Received: 26/08/2021

Respondent: Roxton Parish Council

RPC suggests the policy should expressly refer to emerging government policy for all new developments to delivery 10% Biodiversity Net Gain (BNG). In addition, it should be requirement on all rural sites that the BNG is delivered on the application site and not off site.

Object

Representation ID: 3866

Received: 27/08/2021

Respondent: Oakley Neighbourhood Planning Group

Environmental net gain should be specified rather than biodiversity net gain, it should be set at 20% rather than the 10% in Government legislation and should be delivered on or within 5km of the development site. Protection for the River Great Ouse Valley should be included in policies.

Support

Representation ID: 4077

Received: 30/08/2021

Respondent: Ann Mills

Strongly support policy on Environmental Net Gain

Support

Representation ID: 4791

Received: 01/09/2021

Respondent: Great Denham Parish Council

The Council welcomes this new policy and its emphasis on new planning applications demonstrating a positive contribution to the borough’s natural capital.

Object

Representation ID: 4877

Received: 02/09/2021

Respondent: Kirstin Rayner

The emerging local plan should protect our ability to provide locally produced food, by protecting agricultural land, create and enhance biodiversity in urban and rural areas, protect trees and enhance green corridors for wildlife. This should be strategic and not be left to having developers on an ad hoc basis.

Support

Representation ID: 4898

Received: 02/09/2021

Respondent: Mr Kevin Morrall

I view this as one of the most important policies linked the local plan. Net gain for large scale developments should be scientifically assessed by persons independent of the developer.

Object

Representation ID: 4933

Received: 02/09/2021

Respondent: Kler Group

Agent: Cerda Planning Ltd

We do not raise any significant concerns in relation to Policy NE1, recognising the provisions of the forthcoming Environment Bill. However, the policy could be enhanced by making reference to applying the DEFRA metric as a means to benchmarking the baseline position with regard to environmental quality, and as a means to assessing the contribution that biodiversity enhancements make. This will provide for a consistent approach, and provide those bringing forward housing and other developments with certainty as to the approach to be taken.
As a separate observation, as drafted Policy NE1 makes reference to enhancing or creating off site habitats “in some circumstances”. The policy should be amended to make clear that off-site environmental net gain is an appropriate solution in all circumstances and may in fact lead to the creation of a greater environmental net gain than would otherwise be achieved on site – thus furthering the objectives behind the policy.

Support

Representation ID: 5101

Received: 02/09/2021

Respondent: Ms Ginny Ford

This has the potential, if developers implement properly to really enhance biodiversity and link habitats. The council and partners should ensure that work already done on green infrastructure opportunity areas are included in an overarching plan for the natural 'capital' of the whole borough so that developers can't be piecemeal but look at the wider context of their site and tap into a greater habitat enhancement plan.

Support

Representation ID: 5152

Received: 03/09/2021

Respondent: Mr Denis Ivins

support this policy

Object

Representation ID: 5238

Received: 03/09/2021

Respondent: The Woodland Trust

Set a target of 20% net gain in biodiversity and also set a target of 30% tree canopy cover in all new development.

Object

Representation ID: 5272

Received: 03/09/2021

Respondent: L&Q Estates Limited

Agent: Pegasus Group

Policy NE1 states that major development should provide an environmental net gain (in accordance with government policy). This requirement is supported particularly as no specific percentage required is given. This allows for flexibility in the policy to be in accordance with the latest government guidance. The Environment Bill sets out the Government's intention to provide for a two-year transitional period. The policy should therefore make reference to transitional arrangements.

The Council's Viability Assessment should provide a sufficiently robust assessment of the impacts of biodiversity net gain on housebuilding.

Support

Representation ID: 5366

Received: 03/09/2021

Respondent: Mrs Clare Buddle

Fully support. Essential for all sustainability.

Object

Representation ID: 5828

Received: 08/09/2021

Respondent: Persimmon Homes Midlands

Agent: Planning Prospects Ltd

New policy NE1 relating to environmental net gain is noted – Persimmon are committed to positively embracing
opportunities for environmental and biodiversity net gains through their developments as part of their sustainable
approach to building. However the inclusion of new Policy NE1 within the plan does seem somewhat unnecessary
as the Environmental Bill includes comprehensive provisions and requirements for developments which will be
required in any event from all developments going forward including requirements for biodiversity and
environmental gains.

Support

Representation ID: 5882

Received: 08/09/2021

Respondent: Glenalmond Developments Ltd

Agent: Cerda Planning Ltd

Policy NE1 – Environmental Net Gain
We do not raise any significant concerns in relation to Policy NE1, recognising the provisions of the forthcoming Environment Bill. However, the policy could be enhanced by making reference to applying the DEFRA metric as a means to benchmarking the baseline position with regard to environmental quality, and as a means to assessing the contribution that biodiversity enhancements make. This will provide for a consistent approach, and provide those bringing forward housing and other developments with certainty as to the approach to be taken.
As a separate observation, as drafted Policy NE1 makes reference to enhancing or creating off site habitats “in some circumstances”. The policy should be amended to make clear that off-site environmental net gain is an appropriate solution in all circumstances and may in fact lead to the creation of a greater environmental net gain than would otherwise be achieved on site – thus furthering the objectives behind the policy.

Support

Representation ID: 6164

Received: 09/09/2021

Respondent: Savills

Agent: Savills

We support the thrust of the policy but would reinforce the need for policy to be in-line with nationally-set
standards and that there is some flexibility in the means by which to demonstrate environmental net gain. For
example, where this is not possible on the development site, the means should include off-setting, meaning
provision of gains off-site, whether through provision of land, works and/or financial contribution.

Support

Representation ID: 6251

Received: 09/09/2021

Respondent: IM Land

Agent: Barton Willmore

Natural environment policies
Paragraph 8 of the NPPF sets out that “achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives)”. One of the three objectives is the environmental objectives.
We therefore agree that Policy 43 (Enhancing biodiversity) of the adopted Local Plan 2030 should be replaced by ‘Policy NE1 – Environmental Net Gain’ in the BBLP 2040. We agree with the wording of the policy and support the inclusion of ‘(in accordance with government policy)’ to ensure the policy remains in line with the requirements of the NPPF.

Support

Representation ID: 6350

Received: 10/09/2021

Respondent: Glenalmond Developments Ltd

Agent: Cerda Planning Ltd

We do not raise any significant concerns in relation to Policy NE1, recognising the provisions of the forthcoming Environment Bill. However, the policy could be enhanced by making reference to applying the DEFRA metric as a means to benchmarking the baseline position with regard to environmental quality, and as a means to assessing the contribution that biodiversity enhancements make. This will provide for a consistent approach, and provide those bringing forward housing and other developments with certainty as to the approach to be taken.
As a separate observation, as drafted Policy NE1 makes reference to enhancing or creating off site habitats “in some circumstances”. The policy should be amended to make clear that off-site environmental net gain is an appropriate solution in all circumstances and may in fact lead to the creation of a greater environmental net gain than would otherwise be achieved on site – thus furthering the objectives behind the policy.

Support

Representation ID: 6362

Received: 13/09/2021

Respondent: Mr John Orchard

I wish to record my full support for this policy. The concerns that I have relate to the uniformity of its application and the absence of comment about enforceability.

Similarly well intentioned policies have been produced in local plans, and indeed in the NPPF, only to be over-ridden by local decision-makers based on other less well intentioned motives.

The Town Centre First policy is a great example where right across the country this has been systematically ignored where large corporations have persuaded planners about the righteousness of their particular plans and how they ought to be found a means of ignoring the policy.

With the apparent pressures on planners to build housing, it can be readily understood how a potential developer may appear reluctant to build without the assurance that this is policy that can be fudged.

Support

Representation ID: 6478

Received: 13/09/2021

Respondent: Gallagher Developments Group Limited

Agent: Barton Willmore

The principle of seeking biodiversity net gain is supported and is expected to be mandated nationally through the government’s Environment Bill if accepted by government and turned into an Act. The policy text also accounts for circumstances where net gain on site may be particularly challenging and instead requires enhancement or creation of off-site habitats. Further consideration does however need to be given to scenarios where landowners do not own sufficient off-site land and may need to consider contributions through biodiversity obligations or credits though financial payments as a last resort. We are uncertain what ’environmental net gain’ means in the context of this policy and if this requires more than ecological net gain measures. Paragraph 8 of the NPPF already defines the environmental objectives of sustainable development as protecting and enhancing our natural, built and historic environment; including making effective use of land, improving biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy. Environmental net gain could therefore encompass several features leading to confusion in the interpretation and application of this policy and ultimately its soundness. The main focus of the policy appears to be on biodiversity and therefore we think the policy wording should be more closely aligned with this aspiration and replace ‘environmental net gain’ with ‘biodiversity net gain’. If the Council’s ambition is to secure greater levels of green infrastructure or green corridors to boost natural capital in the Borough, we would suggest this is best set out in a separate strategic policy, which is informed by a Green Infrastructure Study to identify areas of deficiency and opportunity. As this is a Borough-wide issue it requires a more planned, joined-up approach underpinned by evidence to maximise opportunities to improve the natural capital of the area, rather than relying on individual site appraisals that risk a more piecemeal, uncoordinated approach.

Object

Representation ID: 6685

Received: 14/09/2021

Respondent: Cardington Parish Council

Agent: Cardington Parish Council

Policy NE1 – Environmental net gain.

This policy is fundamentally flawed in that it proposes to deliver Environmental Net Gain on a site-by-site management basis on the unfounded assumption that the end result of 25500 houses in 2040 can be achieved with an Environmental Net Gain.

As the Policy admits, achieving Environmental Net Gain may mean enhancing or creating off-site habitats. Other important environmental issues, which should also be listed in the Policy such as maintaining or enhancing water permeability, managing surface run-off and treatment of waste water, are also likely to require off-site measures. Similarly, building and infrastructure development standards cannot be left to site-by-site decisions but must be specified as a result of analysing what standards are necessary for the total development target.

The Plan must offer evidence that 25500 houses can be achieved with Environmental Net Gain and the protection of crucial resources such as water, together with minimum standards, specified through Policy NE1, that every development must comply with in order to achieve this. If it does not do this, a site-by-site management process alone runs the risk of demonstrating, sometime before 2040, that Environmental Net Gain and protection of water resources can only be achieved within a housing target less than 25500.

Support

Representation ID: 7054

Received: 17/09/2021

Respondent: Glenalmond Developments Ltd

Agent: Cerda Planning Ltd

We do not raise any significant concerns in relation to Policy NE1, recognising the provisions of the forthcoming Environment Bill. However, the policy could be enhanced by making reference to applying the DEFRA metric as a means to benchmarking the baseline position with regard to environmental quality, and as a means to assessing the contribution that biodiversity enhancements make. This will provide for a consistent approach, and provide those bringing forward housing and other developments with certainty as to the approach to be taken.
As a separate observation, as drafted Policy NE1 makes reference to enhancing or creating off site habitats “in some circumstances”. The policy should be amended to make clear that off-site environmental net gain is an appropriate solution in all circumstances and may in fact lead to the creation of a greater environmental net gain than would otherwise be achieved on site – thus furthering the objectives behind the policy.

Support

Representation ID: 7235

Received: 17/09/2021

Respondent: L&Q Estates Limited

Agent: Barton Willmore

It is unclear what ’environmental net gain’ means in the context of this policy and if this requires more than ecological net gain measures. Paragraph 8 of the NPPF already defines the environmental objectives of sustainable development as protecting and enhancing our natural, built and historic environment; including making effective use of land, improving biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.
Environmental net gain could therefore encompass several features leading to confusion in the interpretation and application of this policy and ultimately its soundness. This will inevitably lead to issues for decision makers when trying to apply the policy to developments.
The main focus of the policy appears to be on biodiversity and therefore we think the policy wording should be more closely aligned with this aspiration and replace ‘environmental net gain’ with ‘biodiversity net gain’ which is fully supported by the Promoters.
If the Council’s ambition is to secure greater levels of green infrastructure or green corridors to boost natural capital in the Borough, we would suggest this is best set out in a separate strategic policy, which is informed by a Green Infrastructure Study to identify areas of deficiency and opportunity. As this is a Borough-wide issue it requires a more planned, joined-up approach underpinned by evidence to maximise opportunities to
improve the natural capital of the area, rather than relying on individual site appraisals that risk a more piecemeal, uncoordinated approach.

Support

Representation ID: 7245

Received: 01/09/2021

Respondent: Martin Cavalier

Agent: Neame Sutton Limited

De Merke Estates agrees with this policy to echo national requirements for environmental net gain.

Support

Representation ID: 7425

Received: 03/09/2021

Respondent: Thakeham

Thakeham welcomes the inclusion of an environmental net gain policy. Thakeham seeks to deliver biodiversity net gain across all our sites and from 2025 20% biodiversity net gain (an increase on the government’s mandated 10% minimum), and our developments in Bedford would be no different.

Support

Representation ID: 7878

Received: 23/09/2021

Respondent: Central Bedfordshire Council

CBC support the Borough’s new Policy NE1 – Environmental Net Gain, which aims to increase overall Environmental Net Gain, over and above just Biodiversity Net Gain. This will support the recently endorsed Arc Environmental Principles. CBC would be interested to understand more about the evidence that underpins and informs this decision, particularly with regard to its potential implications for developers and any viability considerations.

Policy NE1 does not consider sites below 10 units or <0.5ha. For the smaller development schemes that come forward, how will it be ensured that BNG and NEG can still be addressed?

Support

Representation ID: 8225

Received: 26/09/2021

Respondent: The Forest of Marston Vale Trust

• Policy NE1 – Environmental Net Gain: We strongly support the proposed inclusion of this new policy as it marks a significant and positive step forward, aligning the BBC Local Plan with the adoption of a Natural Capital approach, as advocated in the Government’s 25 Year Environment Plan. Its inclusion will help confirm the Council’s status as a leading authority in this policy area.
I’d be happy to discuss any of the comments above in more detail, if that would be helpful.

Object

Representation ID: 8752

Received: 29/09/2021

Respondent: Bedfordshire Hospitals NHS Foundation Trust

Agent: Barton Willmore

7.1 The Trust does not have any comments except in relation to Draft Policy NE1,
Environmental Net Gain.

7.2 The principle of seeking biodiversity net gain is supported and is expected to be mandated nationally through the government’s Environment Bill. The policy text also accounts for circumstances where net gain on site may be particularly challenging and instead requires enhancement or creation of off-site habitats. However, we consider that further consideration needs to be given to scenarios where landowners do not own sufficient off- site land and may need to consider contributions through biodiversity obligations or credits as a last resort.

7.3 We consider that it is unclear what ’environmental net gain’ means in the context of this policy and if this requires more than ecological net gain measures. Paragraph 8 of the NPPF already defines the environmental objectives of sustainable development as protecting and enhancing our natural, built and historic environment; including making effective use of land, improving biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy. ‘Environmental net gain’ could therefore encompass several features, potentially leading to confusion in the interpretation and application of this policy and ultimately its soundness. This will enviably lead to issue for decision makers when trying to apply the policy to developments.

7.4 The main focus of the policy appears to be on biodiversity and therefore we think the policy wording should be more closely aligned with this aspiration. The term ‘environmental net gain’ should be replaced with ‘biodiversity net gain’.

Object

Representation ID: 9069

Received: 12/11/2021

Respondent: Colmworth Parish Council

Agent: Troy Planning + Design

12. Biodiversity
Policy NE1 (Environmental Net Gain)
12.1. CPC is concerned that the policy wording of Policy NE1 (Environmental Net Gain) falls hort of what is required to achieve environmental net gain. As stated in best practice guidance published by CIRIA (2019), environmental net gain is defined as (our emphasis added) “development that leaves biodiversity in a better state than before, and an approach where developers work with local governments, wildlife groups, landowners and other stakeholders in order to support their priorities for nature conservation”. However, Policy NE1 (Environmental Net Gain) merely states that “proposals for major development should provide an environmental net gain (in accordance with government policy), which incorporates biodiversity net gain, through the following:
i) enhancement of the existing features of the site, particularly where these deliver significant levels of ecosystem services; or
ii) the creation of additional habitats on the site; or
iii) the linking of existing habitats to create links between ecological networks and where possible, with adjoining features”
12.2. The above policy (NE1) demonstrates a clear disregard and divergence from best practice guidance, as the built-in flexibility effectively allows developers to disregard the quality and innate importance of existing habitats on-site, in replacement for new habitats where there is no criteria to ensure that new habitats are of good-quality or are well-integrated and sensitively sited in respect of the local landscape and surrounding ecological networks. This omission could in practice lead to the degradation of local landscapes, where new developments lead to the continued fragmentation of local habitats. As such, Policy NE1 (Environmental Net Gain) does not comply with paragraph 174d) of the NPPF, as it cannot be demonstrated that Policy NE1 “contribute[s] to and enhance[s] the natural and local environment by […] minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures”.