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Nottinghamshire Minerals Local Plan Publication Version

Representation ID: 88

Received: 11/10/2019

Respondent: Nottinghamshire Wildlife Trust

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

NWT strongly support the intent of this policy and the supporting text. Our concern, however, is that to remain sound when applied in real world situations, the wording of policy requires strengthening by the removal of references to unspecified reasons for why the need for a development might outweigh the biodiversity impacts. Experience in Nottinghamshire has demonstrated that it is difficult to quantify the value of different factors, such as the need for a common mineral versus the value of an irreplaceable habitat, and that this causes problems at a development management level, which can result in decisions that are contrary to policy. It is necessary therefore that either these references (which can be used as loopholes to evade the excellent intent of the policy) should be removed, or a robust framework for how that value is quantified and weighted should be agreed in order to ensure robust development management decisions.

It also essential that this policy reflects the Government’s imperative to achieve net biodiversity gain in order to be complaint with the 25YEP and emerging Government policy.

Without these amendments, the policy is open to misinterpretation and therefore may not be sound. There is also a risk that the loopholes may inadvertently result in breaching the MPA’s responsibilities under the NERC Biodiversity Duty.

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