Nottinghamshire and Nottingham Draft Waste Local Plan January 2022

Comment

Representation ID: 644

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

DM5 – Protecting and Enhancing Biodiversity
1. Proposals for waste development will be supported where it can be demonstrated that:
a) They will not adversely affect the integrity of an European site (either alone or in combination
with other plans or projects, including as a result of changes to air or water quality, hydrology,
noise, light and dust), unless there are no alternative solutions, imperative reasons of overriding
public interest and necessary compensatory measures can be secured in accordance with the
requirements of the Conservation of Habitats and Species Regulations 2017, Regulations 2017
(remove repeat),as amended
b) They are not likely to give rise to an adverse effect on a Site of Special Scientific Interest,
except where the need for and benefits of the development clearly outweigh the
importance of the site and where no suitable alternative exists.
NWT do not believe this clause should be included, with no explanation of how such an
exercise to assess “outweigh” would be undertaken, otherwise this becomes a loophole.
c) They are not likely to give rise to the loss or deterioration of Local Sites (Local Wildlife Sites
or Local Geological Sites) except where the need for and benefits of the development in
that location outweigh the impacts.
NWT do not believe this clause should be included, with no explanation of how such an
exercise to assess “outweigh” would be undertaken, otherwise this becomes a loophole.

d) They would not result in the loss of populations of a priority species or areas of priority
habitat except where the need for and benefits of the development in that location outweigh the
impacts .
This should be removed or clearly explained how such an exercise would be undertaken.

e) Development that would result in the loss or deterioration of irreplaceable habitats will only
be permitted where there are wholly exceptional reasons and a suitable compensation strategy
exists.
The Environment Act and NPPF recognise that there can be no compensation for the loss of
irreplaceable habitats, so they should not be damaged or lost under any
circumstances.
2. Where impacts on designated sites or priority habitats or species cannot be avoided, then:

NWT believe there should be no loss of designated sites, priority habitats or species, there are
invariably less damaging alternative sites available.
a) In the case of European sites, mitigation must be secured which will ensure that there would be
no adverse effect on the integrity of the site(s). Where mitigation is not possible and the
applicant relies upon imperative reasons of overriding public interest, the Councils will need to
be satisfied that any necessary compensatory measures can be secured
b) In all other cases, adequate mitigation relative to the scale of the impact and the importance
of the resource must be put in place, with compensation measures secured as a last resort
3. Proposals should enhance biodiversity and geological resources by ensuring that waste
development:
a) Retains, protects, restores and enhances features of biodiversity or geological interest, and
provides for appropriate management of these features, and in doing so contributes to targets
within the Nottinghamshire Local Biodiversity Action Plan and provides net
gains for biodiversity as required by the Environment Act 2021 and the 30x30 imperative.
b) Makes provision for habitat adaptation and species migration, allowing species to respond to the
impacts of climate change; and
Maintains and enhances ecological networks, both within the County and beyond, through the
protection and creation, where appropriate, of priority habitats and corridors, and linkages and
stepping stones between such areas. Any development should contribute to the creation of Nature
Recovery Networks, as required by the Environment Act 2021.

Comment

Representation ID: 645

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Monitoring DM5 – Protecting and Enhancing Biodiversity
Key outcomes/Strategic Objectives
To protect biodiversity from adverse impacts from waste proposals and enhance biodiversity to
achieve net gain (SO3 – The environment, SO4 – Community, Health and Wellbeing
2167m,
Significant adverse change in biodiversity assets in the County Number of planning applications
granted contrary to Natural England advice
NE do not comment on all applications, so the accuracy or the ability to measure this is
in question, and should be checked with NE.
Area of habitat loss, gain and net-gain/loss (including Habitats of Principal Importance, LBAP
habitats and designated sites)
Monitoring Method Natural England, Local Biodiversity Action Plans
Neither NE or the LBAP can monitor the figures described above. This has to be recorded
for each application in a robust way through the EcIA process and the Defra Metric.
Planning permissions decision notices and delegated or committee reports Constraints/Risks
Difficult to measure and monitor environmental quality and lack of available data
Target No planning permissions result in adverse impact on biodiversity
All planning permissions secure maximum BNG .
Trigger Point Significant number of applications approved contrary to advice from Natural
England (more than 10%)
NE do not respond to all applications, so this is not a relevant measure.
On the basis of the above, NWT require all the areas identified as of concern to be addressed,
in order to be able to support this Plan. Please do not hesitate to contact me to discuss these
matters further.

Comment

Representation ID: 646

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.19

8.19.
Landfill within the Green Belt may be acceptable if very special circumstances can be
demonstrated. This could include the restoration of former mineral workings. Land-raise
schemes may be appropriate on derelict land where this would provide the best means of
reclamation and could be considered on Greenfield sites if there are no other options. However,
land-raise schemes are unlikely acceptable within the Green Belt because of the visual impact
on the otherwise open character of the landscape
The phrase highlighted in bold refers to the same incorrect assumptions as described above for
DM1.

Comment

Representation ID: 647

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.38.

The LCAs identify specific features of the different Landscape Character Areas and this
information can be used to give special protection to important landscape features or to identify
suitable mitigation measures, such as tree planting to provide screening, when loss is
unavoidable. It is also valuable in the design of restoration schemes for disposal
sites. Restoration should be based on the priority Sn41/BAP habitats for the area and the BOM (or
LNRS when adopted), in addition to LCA recommendations.

Comment

Representation ID: 648

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.41.
Waste management facilities have the potential to have negative effects, directly and indirectly as
well as cumulatively with other proposed developments, on biodiversity and geodiversity during
their construction, operation and, where relevant, demolition and restoration. For example,
HGV movements associated with a facility can release nitrous oxide which could have indirect
effects on biodiversity. It is therefore important to ensure new waste management
facilities are located and managed appropriately so that waste operations can be carried out without
harming the environment as directed by Article 13 of the Waste Framework Directive, fulfilling the
Vision and Strategic Objective Four.

Comment

Representation ID: 649

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.47
8.47. Local Wildlife Sites (LWS), previously called Sites of Importance for Nature Conservation
(SINCs), and Local Geological Sites (LGS) are local, non-statutory designated sites which contain flora and/or fauna that is of importance at the local (County and City) level or they may
be of national importance but not designated as SSSI, as the national SSSI suite is
representative not comprehensive . These sites provide wildlife corridors between local,
national and international sites and so help form an ecological network and are core to the
delivery of NRN and the 30x30 target. There are over 1,400 LWS and 130 LGS in the plan
area which are recorded by the Nottinghamshire Biological and Geological Records Centre

Comment

Representation ID: 650

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.53
8.53.
For proposals that are likely to have an adverse effect on SSSI sites, either alone or in
combination with other plans or projects, these will need to demonstrate the benefits of the
development in the proposed location clearly outweighs the likely impact on the features that
give the site its SSSI status and also outweigh any broader impacts on the national network of
sites.
A clear explanation of how this assessment would be made is required, including the use
of the BOM, or LNRS mapping, as appropriate at the time.

Comment

Representation ID: 651

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.54
8.54.
For proposals which give rise to the loss or deterioration of Local sites, proposals will need to
demonstrate the need for and benefits of the development in that location outweigh any potential
impacts
A clear explanation of how this assessment would be made is required, including the use
of the BOM, or LNRS mapping, as appropriate at the time.

Comment

Representation ID: 652

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.59
8.59.
It should be noted that the draft Environmental Bill intends to make a minimum of 10%
biodiversity net gain mandatory for all developments, delivered through habitat creation or
enhancement, either on-site or off-site or through biodiversity credits, which will need to be
secured for at least 30 years.
This paragraph needs updating, and should also recognise that BNG should be
maximised for any Waste developments in Notts.

Comment

Representation ID: 653

Received: 04/04/2022

Respondent: Nottinghamshire Wildlife Trust

Paragraph 8.63
8.63.
It is expected that the Environment Bill will become law in Autumn 2023, the Councils therefore
will continue to update and amend future iterations of the Waste Local Plan as further
information and detail become available.
Needs updating and also recognise the BNG Framework for Notts