Draft Nottinghamshire Minerals Local Plan
Thank you for your consultation on the above document dated 26 July 2018 which was received by Natural England on the same date.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Nottinghamshire Minerals Plan
Natural England has reviewed the Draft Plan and has the following comments:
Supporting Documents
We advise that a Habitats Regulations Assessment (HRA) of the Minerals plan should be undertaken and submitted as a supporting document with the plan.
Paragraph 2.13 - We suggest that the abbreviation used for the Sherwood possible potential Special Protection Area (ppSPA) should be clarified. A potential Special Protection (pSPA) is a particular stage of the designation. The Sherwood area has not yet reached this stage yet and is still under consideration which is why it is known as a possible potential SPA.
Draft Vision
Natural England generally welcomes the vision. We are pleased to note that climate change has now been included within the 2nd paragraph, however we suggest that the wording should be clarified to explain that the impact on climate change should be mitigated not minimised to ensure that no environmental harm is allowed.
Strategic Objectives
SO6: Protecting & Enhancing Natural Assets - We are pleased to note that many of our comments made at the issues and options stage of the plan have been included within this objective, particularly those concerning net gain and delivery of biodiversity at a landscape scale.
SO8: Protecting Agricultural Soils - We are pleased to note that protection of Best & Most Versatile (BMV) land has been included in this objective.
SP2 Minerals Provision
Natural England welcomes paragraph 2 of the policy wording and paragraph 3.11 of the explanatory text which establishes that development must demonstrate avoidance of environmental impacts.
SP3 Biodiversity led restoration
Natural England strongly supports this policy which has incorporated many of our previous comments. We welcome paragraphs 3.12 & 3.14 which emphasise the importance of considering restoration at the outset of a proposal and as integral to the management of the whole extraction process and phasing.
We welcome the reference to the National Character Areas, Local Biodiversity Action Plan targets and the Water Framework Directive.
The paragraphs setting out the justification for the policy are also supported particularly the emphasis on the potential for mineral extraction to deliver high-quality habitat and creating valuable places for both wildlife and people and contributing to the delivery of landscape-scale conservation.
We welcome the guidance on Priority Habitats from paragraph 3.23 which help to ensure that the right restoration solutions are followed in appropriate locations.
We are also pleased to note that at paragraph 3.28 that agricultural restoration can still be "biodiversity led".
Net Gain - We suggest that your authority may want to consider including an additional paragraph on net gain in light of its emphasis in the 25 year Environment Plan "Green Futures" and the revised NPPF. Biodiversity net gain is a demonstrable gain in biodiversity assets as a result of a development project that may or may not cause biodiversity loss, but where the final output is an
overall net gain. Net gain outcomes can be achieved both on and/or off the development site and
should be embedded into the development process at the earliest stages. Metrics exist for calculating the amount of biodiversity required to achieve net gain. The most commonly used are variants of the Defra metric which calculates the biodiversity units required to achieve biodiversity net gain. The advantage of using a recognised metric to deliver net gain is that it provides a clear,
transparent and evidence-based approach to assessing a project's biodiversity impacts that can assist with "de-risking" a development through the planning process and contribute to wider placemaking.
Natural England would be happy to advise further on this approach and there is further information available on the Defra website: https://www.gov.uk/government/publications/technicalpaper-
the-metric-for-the-biodiversity-offsetting-pilot-in-england
SP4 - Climate Change
Natural England welcomes this policy
SP6 - The Built, Historic and Natural Environment
Natural England welcomes this policy which will ensure that mineral development will need to deliver a high standard of environmental protection and enhancement.
Nature Conservation - We agree with provisions regarding nature conservation within paragraphs
3.47 to 3.49 however reference should be made to the SA and HRA to ensure a full assessment of environmental effects has been carried out, including an assessment of alternatives, to ensure the most sustainable and least environmental sensitive sites are included in the Plan.
Geology - we welcome paragraph 3.50 regarding the protection of regionally important geological sites, however it should also refer to geological SSSI's which are of national importance.
Landscape -we welcome the reference to the Nottinghamshire Landscape Character Assessment.
Agricultural land and soil - this policy should safeguard the long term capability of best and most versatile agricultural land.
Minerals Provision Policies
Natural England cannot comment on minerals provision specifically but only on its implications for the natural environment. We would wish to ensure that cross reference is made to the SA and HRA to ensure a full assessment of environmental effects has been carried out, including an assessment
of alternatives, to ensure the most sustainable and least environmental sensitive sites are included in the Plan.
(We have made comments on the individual development briefs below.)
Development Management Policies
DM2 Water resources and Flood Risk - Natural England would like to see this policy give greater emphasis to the protection of habitats from water related impacts resulting from mineral development and seek enhancement, especially for designated sites. We acknowledge that paragraph 5.32 of the explanatory text does mention water quality and environmental benefits but this should also appear in the policy wording.
We welcome paragraph 4 of the policy wording which includes flood plain reconnection and the further explanation in paragraph 5.32. However we suggest that the importance of working with natural processes should also be included. We have discussed this issue with the Environment Agency.
We acknowledge that SUDs has been included in the policy but suggest that opportunities for encouraging biodiversity gains within SUDs features should also be included.
DM3 Agricultural land and soil quality - Natural England advises that minerals plans should recognise that extraction can have an irreversible adverse (cumulative) impact on BMV land.
Avoiding the use of high grade land is the priority as mitigation is rarely possible, even with the best restoration standards. We acknowledge that this has been included within the policy wording.
Some sand and gravel sites cannot always avoid BMV soil as the quality of soils tends to be higher over sand/gravel sites. In such cases restoration of the highest standard should be the norm with the focus on maintaining healthy soils.
We support paragraph 5.39 that explains that biodiversity led-restoration schemes can be carried out on BMV land as long as the land and soil is maintained in a state capable of supporting agriculture in future, should the need arise.
We welcome paragraph 5.40 which makes provision for biodiversity gains within agricultural restoration.
DM4 Protection and enhancement of biodiversity and geodiversity - Natural England supports this policy. In paragraph 1 of the policy wording reference should be made to the Habitat Regulations Assessment (HRA) which should accompany the plan. Reference to the "mitigation hierarchy" in paragraph 2 of the policy is welcome. We also support the enhancement measures set
out in paragraph 3.
We acknowledge the requirement at 5.46 for a HRA at planning application stage but one would also be required for the local plan itself.
We welcome the reference to the Sherwood ppSPA at paragraph 5.47 and the risk based approach.
DM5 landscape character - Natural England welcomes this policy and the reference to the Nottinghamshire Landscape Character Assessment. We suggest that reference should also be made to the National Character Areas (NCAs)
DM7 Public access - Natural England supports this policy.
DM12 Restoration and aftercare - Natural England plan would wish to ensure the high quality restoration and aftercare of mineral sites, including for agriculture, geodiversity, biodiversity, native woodland, the historic environment and recreation. We consider that the policy takes a strategic approach for the creation, protection, enhancement and management of networks of biodiversity
(linked to national and local targets) and green infrastructure.
We would however suggest that biodiversity net gain should be emphasised within the policy wording. We welcome reference to the Trent Valley "Bigger and Better" scheme which fits in with Council's biodiversity-led restoration approach.
Appendix 3 - Site Allocation Development briefs
MP2l - Bawtry Road west
We are pleased to note that potential indirect hydrological links to the Hatfield Moor SAC have been highlighted and we advise that a HRA would be required.
MP2n - Scrooby North
Please note it should be ppSPA not pSPA - it is a possible potential SPA
MP2m - Scrooby Thompson Land
Please note it should be ppSPA not pSPA - it is a possible potential SPA
MP2r - Botany Bay
Chesterfield Canal SSSI is adjacent to this site and it should be ensured that there is no adverse impact on interest features of this designation particularly in terms of water quality.
Please note it should be ppSPA not pSPA - it is a possible potential SPA
MP2p - Langford Lowfields North
We agree with the landscape scale approach to restoration across this site and the other sites in the Collingham and Besthorpe area and that this should be co-ordinated through the master-planning process to maximise opportunities to enhance biodiversity gain.
MP2o - Langford Lowfields South and west
We agree with the landscape scale approach to restoration across this site and the other sites in the Collingham and Besthorpe area and that this should be co-ordinated through the master-planning process to maximise opportunities to enhance biodiversity gain.
MP2s - Mill Hill near Barton in Fabis
Natural England welcomes the intention for a biodiversity led restoration for this site and acknowledge that the restoration targets are appropriate. The restoration offers the potential to deliver significant biodiversity enhancement through the creation of traditional floodplain wetland and grassland habitats. However we would need to be certain that all concerns about the effects on the current habitats have been considered first. There is a cluster of Local Wildlife Sites which form
an important ecological corridor beside the River Trent which would be directly affected by the proposed site. These Local Wildlife Sites make an important contribution to the wider ecological network which is a specific aim of the National Planning Policy Framework (NPPF). We would wish to ensure that biodiversity net gain could be achieved at each stage of the proposal.
We note that Holme Pit SSSI has been mentioned but we advise that the brief should stress the importance of carrying out a full hydrological investigation to ensure that there will be no impact on the water quality of the SSSI. This designated site is vulnerable to hydrological changes, impacts to water quality, siltation problems and potentially non-native species issues within the SSSI which
could result from mineral extraction. It is important that existing water flows in the Barton and other feeder drains are maintained to supply Holme Pit SSSI to avoid damage to the swamp and marginal plant communities.
We would expect the water quality from any quarrying development and restoration to be of a much higher standard than the current levels.
The brief also does not mention Attenborough Gravel Pits SSSI which may be affected by the allocation. The site's interest features are water dependant and may be sensitive to changes in water flow and quality. Therefore hydrological and hydrogeological assessments should be undertaken. Appropriate bird surveys should also be undertaken and an assessment made of the potential effects to birds associated with the SSSI.
MP2q - East Leake North
No comment
MP3e - Bestwood 2 East & MP3f - Bestwood 2 North
We welcome the biodiversity led approach and consider that the biodiversity targets are appropriate.
This site is in close proximity to areas which are important for nightjars and woodlarks that have been identified for inclusion in the Sherwood Forest ppSPA we therefore suggest that this should be considered within the brief for the site.
MP3g - Scrooby Top North
Natural England would need to understand how the current exposure of the Scrooby Top Quarry
geological SSSI would be protected during extension of this site.
MP6c Woodborough Lane
The site is likely to include Best & Most Versatile (BMV) agricultural land.
MP7c - Bantycock quarry south
No comment
MP7c - Bantycock quarry south
No comment
We would be happy to comment further should the need arise but if in the meantime you have any queries please do not hesitate to contact us.