Nottinghamshire and Nottingham Draft Waste Local Plan January 2022

Comment

Representation ID: 836

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.59
The now enacted Environmental Act (2021) is due to become law in Winter 2023, whereby a minimum of 10% biodiversity net gain will be mandatory for all developments. Gains can be delivered through habitat creation or enhancement, achieved on-site, off-site or through a combination of on-site and off-site measures or statutory biodiversity credits. Enhanced or created habitat will need to be secured for at least 30 years.

Comment

Representation ID: 837

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.60
We consider that this paragraph should be amended to read as follows:

The Biodiversity Metric tool will be used in a habitat-based approach to calculate whether a scheme is achieving a biodiversity net gain the losses or gains brought about by development, to determine a proxy biodiversity value (biodiversity units), based on the habitat’s area/size, the quality of the habitat (its distinctiveness and strategic significance) and its condition. This calculates the existing biodiversity units of the proposed development site (the baseline/pre-intervention units) and the anticipated post-intervention biodiversity units following the developments upon completion are calculated. by considering the habitats area/size, the quality of the habitat (its distinctiveness and strategic significance) and its condition. By deducting the pre-intervention units from the post-intervention units, the net change can be calculated to ensure that understand whether a 10% gain is being will be achieved and evidenced in a net gain plan for approval.

Comment

Representation ID: 838

Received: 27/04/2022

Respondent: The Environment Agency

DM7 – Water resources and Flood Risk
We welcome the inclusion of this section and policy. Where applicable, we advise that pre-planning application advice is sort from the Environment Agency.

Comment

Representation ID: 839

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.82
We particularly welcome this paragraph.

Comment

Representation ID: 840

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.83
Whilst we appreciate the sentiment of the 1st sentence of this paragraph, we would question whether, with regards to the role of the Environment Agency, the phrase “it is responsible for improving and protecting…” is appropriate. Ultimately it will be the responsibility of developers/operators of sites to ensure that the aspects listed here are adequately met.

Comment

Representation ID: 841

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.87
We welcome the direction that the Environment Agency should be consulted to help identify appropriate and adequate mitigation measures with regards to ground and surface water resources. It should be noted however that in some instances the guidance of the Lead Local Flood Authority (LLFA) or LPA, may be required with respect to the provision of an adequate surface water drainage strategy for some waste development sites.

Comment

Representation ID: 842

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.96 (SuDS)
Whilst the draft plan (para 8.96 in particular, but also elsewhere) recognises the importance of the inclusion of sustainable drainage systems (SuDS) for the management of surface water, this needs careful consideration, balancing the need for natural filtration and treatment of potentially contaminated surface water without causing pollution to underlying aquifers. Proposed SuDS should include a robust and proactive maintenance plan to ensure they remain functional for their lifetime. Whilst these measures are primarily focussed on water quality, effective, well-designed SuDS will have secondary flood risk and amenity benefits.

Comment

Representation ID: 843

Received: 27/04/2022

Respondent: The Environment Agency

DM5 – Protecting and Enhancing Biodiversity
We consider that the 2nd stated target could and should be improved to read as follows:

All planning permissions bring about enhancements to biodiversity/ (20% target, 10% minimum).

Comment

Representation ID: 844

Received: 27/04/2022

Respondent: The Environment Agency

DM7 – Flood risk and Water Resources
We consider that the target should be amended to read as follows:

No planning permissions have detrimental impact on water resources; planning permissions enhance the status and prevent deterioration of freshwater bodies and groundwater. No planning permissions have an unacceptable impact on flooding.