Preferred Options consultation document

Norfolk Minerals and Waste Local Plan - Preferred Options Consultation


Thank you for consulting the Forestry Commission on the Norfolk Minerals and Waste Local Plan. As a Non Ministerial Government Department we provide no opinion supporting or objecting to a an application, site allocation or policy, rather we provide information on the potential impact that proposed developments would have on ancient woodlands.

Ancient woodlands are irreplaceable. They have great value because they have a long history of woodland cover, with many features remaining undisturbed. This applies both to Ancient Semi Natural Woodland (ASNW) and Plantations on Ancient Woodland Sites (PAWS).

It is Government policy to refuse development that will result in the loss or deterioration of irreplaceable habitats including ancient woodland, unless "there are wholly exceptional reasons and a suitable compensation strategy exists" (National Planning Policy Framework paragraph 175 amended July 2018).

It is noted that the Norfolk Draft Sustainability Appraisal Report -Part B, June 2019 includes the Government policy on the protection of ancient woodlands and goes further to support a policy of excluding from the search area sites within 250 metres of ancient woodland.

However, on the list of Proposed Mineral Extractions for Kings Lynn and West Norfolk, MIN 45 - land north of Coxford Abbey quarry would involve extending the existing quarry north thereby removing Coxford Wood, which is a Plantation on an Ancient Woodland Site. If quarrying at that site were approved it should be noted that it is the woodland top soil and it's seed bank that is a priority to save. That can be done by stripping off the top soil, storing on site and spreading back as a top soil on completion of quarring. The replaced soil becomes the substrate for replanting with native broad leaved trees thereby completing restoration back to woodland. This technique of 'Habitat Translocation' is included in Houses of Parliament POSTNOTE 465, which can be found using the link below;

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/POST-PN-465#fullreport

Similary on the list of Breckland Sites - MIN 201 land at Swangey Fen, Snetterton is next to Swangey Fen Site of Special Scientific Interest (S.S.S.I.), which includes within the boundary of the S.S.S.I. Fox Covert wet woodland. While a buffer strip may be enough to protect the S.S.S.I.
we suggest that you refer to Natural England with regard to the protection of the fen and woodland.

We also refer you to further technical information set out in Natural England and Forestry Commission's Standing Advice on Ancient Woodland - plus supporting Assessment Guide and Case Decisions.

Please note that with any proposals that impact on the Public Forest Estate then Forestry England is a party to the application.

If the planning authority takes the decision to approve an application which may impact on Ancient Woodland sites we may be able to give further support in developing appropriate conditions in relation to woodland management mitigation or compensation measures. Please note however that the Standing Advice states that "Ancient woodland or veteran trees are irreplaceable, so you should not consider proposed compensation measures as part of your assessment of the benefits of the development proposal".

We hope these comments are helpful to you. If you have any further queries please do not hesitate to contact me.

A summary of Government policy on ancient woodland

Natural Environment and Rural Communities Act 2006 (published October 2006).
Section 40 - "Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity".

National Planning Policy Framework (published July 2018).
Paragraph 175 - "development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists".

National Planning Practice Guidance - Natural Environment Guidance. (published March 2014)
This Guidance supports the implementation and interpretation of the National Planning Policy Framework. This section outlines the Forestry Commission's role as a non statutory consultee on "development proposals that contain or are likely to affect Ancient Semi-Natural woodlands or Plantations on Ancient Woodlands Sites (PAWS) (as defined and recorded in Natural England's Ancient Woodland Inventory), including proposals where any part of the development site is within 500 metres of an ancient semi-natural woodland or ancient replanted woodland, and where the development would involve erecting new buildings, or extending the footprint of existing buildings"

It also notes that ancient woodland is an irreplaceable habitat, and that, in planning decisions, Plantations on Ancient Woodland Sites (PAWS) should be treated equally in terms of the protection afforded to ancient woodland in the National Planning Policy Framework. It highlights the Ancient Woodland Inventory as a way to find out if a woodland is ancient.

The UK Forestry Standard (4th edition published August 2017).
Page 23: "Areas of woodland are material considerations in the planning process and may be protected in local authority Area Plans. These plans pay particular attention to woods listed on the Ancient Woodland Inventory and areas identified as Sites of Local Nature Conservation Importance SLNCIs)".

Keepers of Time - A Statement of Policy for England's Ancient and Native Woodland (published June 2005).
Page 10 "The existing area of ancient woodland should be maintained and there should be a net increase in the area of native woodland".

Natural Environment White Paper "The Natural Choice" (published June 2011)
Paragraph 2.53 - This has a "renewed commitment to conserving and restoring ancient woodlands".
Paragraph 2.56 - "The Government is committed to providing appropriate protection to ancient woodlands and to more restoration of plantations on ancient woodland sites".

Standing Advice for Ancient Woodland and Veteran Trees (first published October 2014, revised November 2017)
This advice, issued jointly by Natural England and the Forestry Commission, is a material consideration for planning decisions across England. It explains the definition of ancient woodland, its importance, ways to identify it and the policies that are relevant to it.

The Standing Advice refers to an Assessment Guide. This guide sets out a series of questions to help planners assess the impact of the proposed development on the ancient woodland. Summaries of some Case Decisions are also available that demonstrate how certain previous planning decisions have taken planning policy into account when considering the impact of proposed developments on ancient woodland.

Biodiversity 2020: a strategy for England's wildlife and ecosystem services (published August 2011).
Paragraph 2.16 - Further commitments to protect ancient woodland and to continue restoration of Plantations on Ancient Woodland Sites (PAWS).

Importance and Designation of Ancient and Native Woodland

Ancient Semi Natural Woodland (ASNW)
Woodland composed of mainly native trees and shrubs derived from natural seedfall or coppice rather than from planting, and known to be continuously present on the site since at least AD 1600. Ancient Woodland sites are shown on Natural England's Inventory of Ancient Woodland.

Plantations on Ancient Woodland Site (PAWS)
Woodlands derived from past planting, but on sites known to be continuously wooded in one form or another since at least AD 1600. They can be replanted with conifer and broadleaved trees and can retain ancient woodland features, such as undisturbed soil, ground flora and fungi. Very old PAWS composed of native species can have characteristics of ASNW. Ancient Woodland sites (including PAWS) are on Natural England's Inventory of Ancient Woodland.

Other Semi-Natural Woodland (OSNW)
Woodland which has arisen since AD 1600, is derived from natural seedfall or planting and consists of at least 80% locally native trees and shrubs (i.e., species historically found in England that would arise naturally on the site). Sometimes known as 'recent semi-natural woodland'.

Other woodlands may have developed considerable ecological value, especially if they have been established on cultivated land or been present for many decades.

Information Tools - The Ancient Woodland Inventory

This is described as provisional because new information may become available that shows that woods not on the inventory are likely to be ancient or, occasionally, vice versa. In addition ancient woods less than two hectares or open woodland such as ancient wood-pasture sites were generally not included on the inventories. For more technical detail see Natural England's Ancient Woodland Inventory. Inspection may determine that other areas qualify.

As an example of further information becoming available, Wealden District Council, in partnership with the Forestry Commission, Countryside Agency, the Woodland Trust and the High Weald AONB revised the inventory in their district, including areas under 2ha. Some other local authorities have taken this approach.

Norfolk Minerals and Waste Local Plan - Preferred Options Consultation


Thank you for consulting the Forestry Commission on the Norfolk Minerals and Waste Local Plan. As a Non Ministerial Government Department we provide no opinion supporting or objecting to a an application, site allocation or policy, rather we provide information on the potential impact that proposed developments would have on ancient woodlands.

Ancient woodlands are irreplaceable. They have great value because they have a long history of woodland cover, with many features remaining undisturbed. This applies both to Ancient Semi Natural Woodland (ASNW) and Plantations on Ancient Woodland Sites (PAWS).

It is Government policy to refuse development that will result in the loss or deterioration of irreplaceable habitats including ancient woodland, unless "there are wholly exceptional reasons and a suitable compensation strategy exists" (National Planning Policy Framework paragraph 175 amended July 2018).

It is noted that the Norfolk Draft Sustainability Appraisal Report -Part B, June 2019 includes the Government policy on the protection of ancient woodlands and goes further to support a policy of excluding from the search area sites within 250 metres of ancient woodland.

However, on the list of Proposed Mineral Extractions for Kings Lynn and West Norfolk, MIN 45 - land north of Coxford Abbey quarry would involve extending the existing quarry north thereby removing Coxford Wood, which is a Plantation on an Ancient Woodland Site. If quarrying at that site were approved it should be noted that it is the woodland top soil and it's seed bank that is a priority to save. That can be done by stripping off the top soil, storing on site and spreading back as a top soil on completion of quarring. The replaced soil becomes the substrate for replanting with native broad leaved trees thereby completing restoration back to woodland. This technique of 'Habitat Translocation' is included in Houses of Parliament POSTNOTE 465, which can be found using the link below;

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/POST-PN-465#fullreport

Similary on the list of Breckland Sites - MIN 201 land at Swangey Fen, Snetterton is next to Swangey Fen Site of Special Scientific Interest (S.S.S.I.), which includes within the boundary of the S.S.S.I. Fox Covert wet woodland. While a buffer strip may be enough to protect the S.S.S.I.
we suggest that you refer to Natural England with regard to the protection of the fen and woodland.

We also refer you to further technical information set out in Natural England and Forestry Commission's Standing Advice on Ancient Woodland - plus supporting Assessment Guide and Case Decisions.

Please note that with any proposals that impact on the Public Forest Estate then Forestry England is a party to the application.

If the planning authority takes the decision to approve an application which may impact on Ancient Woodland sites we may be able to give further support in developing appropriate conditions in relation to woodland management mitigation or compensation measures. Please note however that the Standing Advice states that "Ancient woodland or veteran trees are irreplaceable, so you should not consider proposed compensation measures as part of your assessment of the benefits of the development proposal".

We hope these comments are helpful to you. If you have any further queries please do not hesitate to contact me.

A summary of Government policy on ancient woodland

Natural Environment and Rural Communities Act 2006 (published October 2006).
Section 40 - "Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity".

National Planning Policy Framework (published July 2018).
Paragraph 175 - "development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists".

National Planning Practice Guidance - Natural Environment Guidance. (published March 2014)
This Guidance supports the implementation and interpretation of the National Planning Policy Framework. This section outlines the Forestry Commission's role as a non statutory consultee on "development proposals that contain or are likely to affect Ancient Semi-Natural woodlands or Plantations on Ancient Woodlands Sites (PAWS) (as defined and recorded in Natural England's Ancient Woodland Inventory), including proposals where any part of the development site is within 500 metres of an ancient semi-natural woodland or ancient replanted woodland, and where the development would involve erecting new buildings, or extending the footprint of existing buildings"

It also notes that ancient woodland is an irreplaceable habitat, and that, in planning decisions, Plantations on Ancient Woodland Sites (PAWS) should be treated equally in terms of the protection afforded to ancient woodland in the National Planning Policy Framework. It highlights the Ancient Woodland Inventory as a way to find out if a woodland is ancient.

The UK Forestry Standard (4th edition published August 2017).
Page 23: "Areas of woodland are material considerations in the planning process and may be protected in local authority Area Plans. These plans pay particular attention to woods listed on the Ancient Woodland Inventory and areas identified as Sites of Local Nature Conservation Importance SLNCIs)".

Keepers of Time - A Statement of Policy for England's Ancient and Native Woodland (published June 2005).
Page 10 "The existing area of ancient woodland should be maintained and there should be a net increase in the area of native woodland".

Natural Environment White Paper "The Natural Choice" (published June 2011)
Paragraph 2.53 - This has a "renewed commitment to conserving and restoring ancient woodlands".
Paragraph 2.56 - "The Government is committed to providing appropriate protection to ancient woodlands and to more restoration of plantations on ancient woodland sites".

Standing Advice for Ancient Woodland and Veteran Trees (first published October 2014, revised November 2017)
This advice, issued jointly by Natural England and the Forestry Commission, is a material consideration for planning decisions across England. It explains the definition of ancient woodland, its importance, ways to identify it and the policies that are relevant to it.

The Standing Advice refers to an Assessment Guide. This guide sets out a series of questions to help planners assess the impact of the proposed development on the ancient woodland. Summaries of some Case Decisions are also available that demonstrate how certain previous planning decisions have taken planning policy into account when considering the impact of proposed developments on ancient woodland.

Biodiversity 2020: a strategy for England's wildlife and ecosystem services (published August 2011).
Paragraph 2.16 - Further commitments to protect ancient woodland and to continue restoration of Plantations on Ancient Woodland Sites (PAWS).

Importance and Designation of Ancient and Native Woodland

Ancient Semi Natural Woodland (ASNW)
Woodland composed of mainly native trees and shrubs derived from natural seedfall or coppice rather than from planting, and known to be continuously present on the site since at least AD 1600. Ancient Woodland sites are shown on Natural England's Inventory of Ancient Woodland.

Plantations on Ancient Woodland Site (PAWS)
Woodlands derived from past planting, but on sites known to be continuously wooded in one form or another since at least AD 1600. They can be replanted with conifer and broadleaved trees and can retain ancient woodland features, such as undisturbed soil, ground flora and fungi. Very old PAWS composed of native species can have characteristics of ASNW. Ancient Woodland sites (including PAWS) are on Natural England's Inventory of Ancient Woodland.

Other Semi-Natural Woodland (OSNW)
Woodland which has arisen since AD 1600, is derived from natural seedfall or planting and consists of at least 80% locally native trees and shrubs (i.e., species historically found in England that would arise naturally on the site). Sometimes known as 'recent semi-natural woodland'.

Other woodlands may have developed considerable ecological value, especially if they have been established on cultivated land or been present for many decades.

Information Tools - The Ancient Woodland Inventory

This is described as provisional because new information may become available that shows that woods not on the inventory are likely to be ancient or, occasionally, vice versa. In addition ancient woods less than two hectares or open woodland such as ancient wood-pasture sites were generally not included on the inventories. For more technical detail see Natural England's Ancient Woodland Inventory. Inspection may determine that other areas qualify.

As an example of further information becoming available, Wealden District Council, in partnership with the Forestry Commission, Countryside Agency, the Woodland Trust and the High Weald AONB revised the inventory in their district, including areas under 2ha. Some other local authorities have taken this approach.