Object

Representation ID: 269

Received: 11/10/2019

Respondent: Tarmac

Agent: Heaton Planning Ltd

Legally compliant? No

Sound? No

Duty to co-operate? No

Policy DM4 – Protection and Enhancement of Biodiversity and Geodiversity
Policy DM4 is not an effective strategy and not in compliance with the NPPF, particularly in
regard to the approach on local wildlife sites. It is therefore considered unsound. Paragraph
175 of the NPPF advises that ‘if significant harm to biodiversity cannot be avoided…’ then
planning permission should be refused. Policy DM4 should be amended to reflect the
significance of harm test to allow a judgement to be made as opposed to a blanket approach
to all impacts and rating all ecological/biodiversity interests at the same level. The NPPF
does not advocate a loss of local wildlife site to be unacceptable if the avoidance, mitigation
and compensation tests have been met. In addition, there is no requirement in the NPPF for
public benefit to justify an effect on ecological/biodiversity habitat except in the case of
irreplaceable habitat.
Impacts on populations of priority species or areas of priority habitat needing to be ‘wholly
exceptional’ is not in accordance with the NPPF.
Part 3 of the policy should be reworded to maximise opportunities for securing net gains in
biodiversity in accordance with paragraph 174 (part b) of the NPPF.