Minerals and Waste Local Plan: Pre-Submission Publication

Comment

Representation ID: 99421

Received: 19/12/2022

Respondent: Natural England

Natural England welcome the Plan’s emphasis on ensuring Biodiversity Net Gain (BNG) is achieved, enhancing the green infrastructure network, and taking a positive approach to mitigate and adapt to climate change. There is also a clear emphasis on ensuring high quality restoration and after-use of sites to protect Best and Most Versatile (BMV) Agricultural Land and to enhance Norfolk’s biodiversity and protect its landscapes. However, we advise that there is scope for the Plan to be more ambitious in its delivery of some of these policies and objectives.
Nature Recovery Network (NRN) and Local Nature Recovery Strategies (LNRSs)
Natural England commends the NMWLP for acknowledging the potential that restoration and after-use of mineral workings has for the benefit of enhancing landscape, geodiversity and biodiversity. We welcome the reference to contributing, “to identified strategic green infrastructure corridors and known ecological networks,” made in Policy MP7. We would advise that reference to the Nature Recovery Network [https://www.gov.uk/government/publications/nature-recovery-network/nature-recovery-network] is also included within this policy. The NRN is a commitment in the government’s 25 Year Environment Plan and enacted by the Environment Act 2021. Natural England is working with partners on NRN and the development of LNRSs . The NRN is used to refer to a single, growing national network of improved joined-up, wildlife rich places which will benefit people and wildlife. LNRSs [https://consult.defra.gov.uk/land-use/local-nature-recovery-strategies/] will be the key mechanism for planning and mapping local delivery of the NRN.
LNRSs will form a new system of spatial strategies for nature that will be mandated by the Environment Act. They will cover the whole of England and will be developed by Responsible Authorities (RAs) appointed by the Secretary of State, usually at a county scale. Each strategy will:
• Map the most valuable existing habitat for nature
• Map specific proposals for creating or improving habitat for nature and wider environment goals
• Agree priorities for nature’s recovery
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.
Biodiversity Net Gain (BNG)
In line with paragraph 174(d) of the NPPF, reference to providing BNG is made throughout the NMWLP, which Natural England commends. BNG will be an important tool in securing investment for nature recovery through the planning system, helping deliver the government’s commitment to create a national NRN. However, we advise strengthening this wording by stating the minimum BNG uplift required to be delivered. With regards the upcoming mandatory requirement for a minimum of 10% BNG, we advise that you consider BNG delivery above this level, for example at 15% or 20% BNG. Strategic level viability assessments in Kent have concluded that this shift will not impact viability in most cases irrespective of onsite or offsite BNG delivery. This is because after the initial cost of securing the minimum 10% BNG, the cost of increase to 15 or 20% is much less and generally negligible. Natural England’s Biodiversity Metric 3.1 may be used to calculate biodiversity losses and gains for terrestrial and intertidal habitats and can be used to inform any development project.
It is the government’s intention that mandatory BNG will provide a financial incentive for development to support the delivery of LNRSs through an uplift in the calculation of biodiversity units created at sites identified by the strategy through the Biodiversity Metric ‘strategic significance’ scoring.

Comment

Representation ID: 99422

Received: 19/12/2022

Respondent: Natural England

Natural England welcome the inclusion of policy MW4, specific to the Brecks’ protected habitats and species. The Brecks is an area rich in biodiversity and is of particular value for a number of ground-nesting bird species including Stone Curlew Burhinus oedicnemus.

Natural England are currently in the process of revising our guidance on assessing development effects on Breckland SPA stone curlew populations, which could influence the detail of policy MW4. We would advise the removal of the following paragraph, “A buffer zone has also been defined (indicated in orange hatching on Map 2) that extends 1,500 metres around areas that have a functional link to the SPA, because they support Stone Curlew outside, but in close proximity to the SPA boundary, within which new built development would be likely to significantly affect the SPA population.” Whilst at the draft stage of development, Natural England would be happy to discuss the proposed new guidance with Norfolk County Council so that it can be used to inform this policy.

Comment

Representation ID: 99423

Received: 19/12/2022

Respondent: Natural England

Natural England commend the consideration of our comments during the initial consultation on the NMWLP in 2018, which has resulted in the removal of MIN 71 and MIN 204 as they are considered unsuitable due to the potential for adverse effects on designated sites.
Nature Recovery Network (NRN) and Local Nature Recovery Strategies (LNRSs)
Natural England commends the NMWLP for acknowledging the potential that restoration and after-use of mineral workings has for the benefit of enhancing landscape, geodiversity and biodiversity. We welcome the reference to contributing, “to identified strategic green infrastructure corridors and known ecological networks,” made in Policy MP7. We would advise that reference to the Nature Recovery Network [https://www.gov.uk/government/publications/nature-recovery-network/nature-recovery-network] is also included in the Plan vision (pg. 19). The NRN is a commitment in the government’s 25 Year Environment Plan and enacted by the Environment Act 2021. Natural England is working with partners on NRN and the development of LNRSs [https://consult.defra.gov.uk/land-use/local-nature-recovery-strategies/] . The NRN is used to refer to a single, growing national network of improved joined-up, wildlife rich places which will benefit people and wildlife. LNRSs will be the key mechanism for planning and mapping local delivery of the NRN.
LNRSs will form a new system of spatial strategies for nature that will be mandated by the Environment Act. They will cover the whole of England and will be developed by Responsible Authorities (RAs) appointed by the Secretary of State, usually at a county scale. Each strategy will:
• Map the most valuable existing habitat for nature
• Map specific proposals for creating or improving habitat for nature and wider environment goals
• Agree priorities for nature’s recovery
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.
Biodiversity Net Gain (BNG)
In line with paragraph 174(d) of the NPPF, reference to providing BNG is made throughout the NMWLP, which Natural England commends. BNG will be an important tool in securing investment for nature recovery through the planning system, helping deliver the government’s commitment to create a national NRN. However, we advise strengthening this wording by stating the minimum BNG uplift required to be delivered. With regards the upcoming mandatory requirement for a minimum of 10% BNG, we advise that you consider BNG delivery above this level, for example at 15% or 20% BNG. Strategic level viability assessments in Kent have concluded that this shift will not impact viability in most cases irrespective of onsite or offsite BNG delivery. This is because after the initial cost of securing the minimum 10% BNG, the cost of increase to 15 or 20% is much less and generally negligible. Natural England’s Biodiversity Metric 3.1 may be used to calculate biodiversity losses and gains for terrestrial and intertidal habitats and can be used to inform any development project.
It is the government’s intention that mandatory BNG will provide a financial incentive for development to support the delivery of LNRSs through an uplift in the calculation of biodiversity units created at sites identified by the strategy through the Biodiversity Metric ‘strategic significance’ scoring.

Comment

Representation ID: 99424

Received: 19/12/2022

Respondent: Natural England

Natural England welcome the Plan’s emphasis on ensuring Biodiversity Net Gain (BNG) is achieved, enhancing the green infrastructure network, and taking a positive approach to mitigate and adapt to climate change. There is also a clear emphasis on ensuring high quality restoration and after-use of sites to protect Best and Most Versatile (BMV) Agricultural Land and to enhance Norfolk’s biodiversity and protect its landscapes. However, we advise that there is scope for the Plan to be more ambitious in its delivery of some of these policies and objectives.
Natural England commends the NMWLP for acknowledging the potential that restoration and after-use of mineral workings has for the benefit of enhancing landscape, geodiversity and biodiversity. We would advise that reference to the Nature Recovery Network [https://www.gov.uk/government/publications/nature-recovery-network/nature-recovery-network] is also included within Minerals Strategic Objective MS09 (pg. 21). The NRN is a commitment in the government’s 25 Year Environment Plan and enacted by the Environment Act 2021. Natural England is working with partners on NRN and the development of LNRSs [https://consult.defra.gov.uk/land-use/local-nature-recovery-strategies/] . The NRN is used to refer to a single, growing national network of improved joined-up, wildlife rich places which will benefit people and wildlife. LNRSs will be the key mechanism for planning and mapping local delivery of the NRN.
LNRSs will form a new system of spatial strategies for nature that will be mandated by the Environment Act. They will cover the whole of England and will be developed by Responsible Authorities (RAs) appointed by the Secretary of State, usually at a county scale. Each strategy will:
• Map the most valuable existing habitat for nature
• Map specific proposals for creating or improving habitat for nature and wider environment goals
• Agree priorities for nature’s recovery
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.

Biodiversity Net Gain (BNG)
In line with paragraph 174(d) of the NPPF, reference to providing BNG is made throughout the NMWLP, which Natural England commends. BNG will be an important tool in securing investment for nature recovery through the planning system, helping deliver the government’s commitment to create a national NRN. However, we advise strengthening this wording by stating the minimum BNG uplift required to be delivered. With regards the upcoming mandatory requirement for a minimum of 10% BNG, we advise that you consider BNG delivery above this level, for example at 15% or 20% BNG. Strategic level viability assessments in Kent have concluded that this shift will not impact viability in most cases irrespective of onsite or offsite BNG delivery. This is because after the initial cost of securing the minimum 10% BNG, the cost of increase to 15 or 20% is much less and generally negligible. Natural England’s Biodiversity Metric 3.1 may be used to calculate biodiversity losses and gains for terrestrial and intertidal habitats and can be used to inform any development project.
It is the government’s intention that mandatory BNG will provide a financial incentive for development to support the delivery of LNRSs through an uplift in the calculation of biodiversity units created at sites identified by the strategy through the Biodiversity Metric ‘strategic significance’ scoring.

Comment

Representation ID: 99425

Received: 19/12/2022

Respondent: Natural England

Natural England welcome the Plan’s emphasis on ensuring Biodiversity Net Gain (BNG) is achieved, enhancing the green infrastructure network, and taking a positive approach to mitigate and adapt to climate change. There is also a clear emphasis on ensuring high quality restoration and after-use of sites to protect Best and Most Versatile (BMV) Agricultural Land and to enhance Norfolk’s biodiversity and protect its landscapes. However, we advise that there is scope for the Plan to be more ambitious in its delivery of some of these policies and objectives.
Nature Recovery Network (NRN) and Local Nature Recovery Strategies (LNRSs)
Natural England commends the NMWLP for acknowledging the potential that restoration and after-use of mineral workings has for the benefit of enhancing landscape, geodiversity and biodiversity. We welcome the reference to contributing, “to identified strategic green infrastructure corridors and known ecological networks,” made in Policy MP7. We would advise that reference to the Nature Recovery Network [https://www.gov.uk/government/publications/nature-recovery-network/nature-recovery-network] is also included within strategic Policy MW1 (Development Management Criteria) (pg. 27). The NRN is a commitment in the government’s 25 Year Environment Plan and enacted by the Environment Act 2021. Natural England is working with partners on NRN and the development of LNRSs [https://consult.defra.gov.uk/land-use/local-nature-recovery-strategies/] . The NRN is used to refer to a single, growing national network of improved joined-up, wildlife rich places which will benefit people and wildlife. LNRSs will be the key mechanism for planning and mapping local delivery of the NRN.
LNRSs will form a new system of spatial strategies for nature that will be mandated by the Environment Act. They will cover the whole of England and will be developed by Responsible Authorities (RAs) appointed by the Secretary of State, usually at a county scale. Each strategy will:
• Map the most valuable existing habitat for nature
• Map specific proposals for creating or improving habitat for nature and wider environment goals
• Agree priorities for nature’s recovery
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.
Biodiversity Net Gain (BNG)
In line with paragraph 174(d) of the NPPF, reference to providing BNG is made throughout the NMWLP, which Natural England commends. BNG will be an important tool in securing investment for nature recovery through the planning system, helping deliver the government’s commitment to create a national NRN. However, we advise strengthening this wording by stating the minimum BNG uplift required to be delivered. With regards the upcoming mandatory requirement for a minimum of 10% BNG, we advise that you consider BNG delivery above this level, for example at 15% or 20% BNG. Strategic level viability assessments in Kent have concluded that this shift will not impact viability in most cases irrespective of onsite or offsite BNG delivery. This is because after the initial cost of securing the minimum 10% BNG, the cost of increase to 15 or 20% is much less and generally negligible. Natural England’s Biodiversity Metric 3.1 may be used to calculate biodiversity losses and gains for terrestrial and intertidal habitats and can be used to inform any development project.
It is the government’s intention that mandatory BNG will provide a financial incentive for development to support the delivery of LNRSs through an uplift in the calculation of biodiversity units created at sites identified by the strategy through the Biodiversity Metric ‘strategic significance’ scoring.

Comment

Representation ID: 99426

Received: 19/12/2022

Respondent: Natural England

Natural England welcome the Plan’s emphasis on ensuring Biodiversity Net Gain (BNG) is achieved, enhancing the green infrastructure network, and taking a positive approach to mitigate and adapt to climate change. There is also a clear emphasis on ensuring high quality restoration and after-use of sites to protect Best and Most Versatile (BMV) Agricultural Land and to enhance Norfolk’s biodiversity and protect its landscapes. However, we advise that there is scope for the Plan to be more ambitious in its delivery of some of these policies and objectives.
Nature Recovery Network (NRN) and Local Nature Recovery Strategies (LNRSs)
Natural England commends the NMWLP for acknowledging the potential that restoration and after-use of mineral workings has for the benefit of enhancing landscape, geodiversity and biodiversity. We would advise that reference to the Nature Recovery Network is also included within Waste Management Strategic Objective WS07 (pg. 20).
The NRN is a commitment in the government’s 25 Year Environment Plan and enacted by the Environment Act 2021. Natural England is working with partners on NRN and the development of LNRSs . The NRN is used to refer to a single, growing national network of improved joined-up, wildlife rich places which will benefit people and wildlife. LNRSs will be the key mechanism for planning and mapping local delivery of the NRN.
LNRSs will form a new system of spatial strategies for nature that will be mandated by the Environment Act. They will cover the whole of England and will be developed by Responsible Authorities (RAs) appointed by the Secretary of State, usually at a county scale. Each strategy will:
• Map the most valuable existing habitat for nature
• Map specific proposals for creating or improving habitat for nature and wider environment goals
• Agree priorities for nature’s recovery
LNRSs have also been designed to help local planning authorities deliver existing policy on conserving and enhancing biodiversity and to reflect this in the land use plans for their area.
Biodiversity Net Gain (BNG)
In line with paragraph 174(d) of the NPPF, reference to providing BNG is made throughout the NMWLP, which Natural England commends. BNG will be an important tool in securing investment for nature recovery through the planning system, helping deliver the government’s commitment to create a national NRN. However, we advise strengthening this wording by stating the minimum BNG uplift required to be delivered. With regards the upcoming mandatory requirement for a minimum of 10% BNG, we advise that you consider BNG delivery above this level, for example at 15% or 20% BNG. Strategic level viability assessments in Kent have concluded that this shift will not impact viability in most cases irrespective of onsite or offsite BNG delivery. This is because after the initial cost of securing the minimum 10% BNG, the cost of increase to 15 or 20% is much less and generally negligible. Natural England’s Biodiversity Metric 3.1 may be used to calculate biodiversity losses and gains for terrestrial and intertidal habitats and can be used to inform any development project.
It is the government’s intention that mandatory BNG will provide a financial incentive for development to support the delivery of LNRSs through an uplift in the calculation of biodiversity units created at sites identified by the strategy through the Biodiversity Metric ‘strategic significance’ scoring.

Comment

Representation ID: 99427

Received: 19/12/2022

Respondent: Natural England

We note that for MIN12 it is currently stated that the site is “proposed to be restored at a lower level and returned to arable agriculture. Restoration would include wide field margins, new hedgerows and some woodland”.
These allocations are stated as being of Grade 3 agricultural land quality and so it is unclear as to whether or not this is BMV land (i.e. sub-grade 3a). If not, then it could be beneficial in terms of nature recovery in this area to explore whether the restoration of these sites could further complement/expand on the nature recovery ambitions of the nearby Wendling Beck Environment Project [https://www.wendlingbeck.org/] to deliver more habitat creation in this area which is bigger, better and joined up in line with the Lawton principles [Making Space for Nature: (nationalarchives.gov.uk) [https://webarchive.nationalarchives.gov.uk/ukgwa/20130402170324mp_/http:/archive.defra.gov.uk/environment/biodiversity/documents/201009space-for-nature.pdf].

Comment

Representation ID: 99428

Received: 19/12/2022

Respondent: Natural England

We note that for MIN08, MIN13 and MIN 51 it is currently stated that: “The site is proposed to be restored at a lower level and the majority returned to arable agricultural. Due to the expected depth of extraction, it is recognised that restoration to arable is likely to require the use of imported inert material to provide a suitable profile. Lagoons to be retained as ponds with planting to create wet woodland habitat. Hedgerow interspersed with oaks is to be planted along the northern boundary alongside Rawhall Lane. A proportion of the site will be restored to woodland and associated grassland habitat”
These allocations are stated as being of Grade 3 agricultural land quality and so it is unclear as to whether or not this is BMV land (i.e. sub-grade 3a). If not, then it could be beneficial in terms of nature recovery in this area to explore whether the restoration of these sites could further complement/expand on the nature recovery ambitions of the nearby Wendling Beck Environment Project [https://www.wendlingbeck.org/] to deliver more habitat creation in this area which is bigger, better and joined up in line with the Lawton principles [Making Space for Nature: (nationalarchives.gov.uk) [https://webarchive.nationalarchives.gov.uk/ukgwa/20130402170324mp_/http:/archive.defra.gov.uk/environment/biodiversity/documents/201009space-for-nature.pdf].

Comment

Representation ID: 99429

Received: 19/12/2022

Respondent: Natural England

Paragraph c. of Specific Site Allocation Policy Min 115, states that there is a requirement for, “an acceptable full biodiversity survey and report, including bat and badger surveys.” It is unclear why protected species surveys have been requested specifically for this site. It should be emphasised that protected species surveys will be required at any of the allocated sites where it is likely that a protected species is present. We would recommend reference to our standing advice [https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications] of protected species.

Comment

Representation ID: 99430

Received: 19/12/2022

Respondent: Natural England

Natural England notes that MIN 202 is adjacent to Mileplain Plantation, a Plantation on Ancient Woodland Site (PAWS) and welcomes the requirement for an Arboricultural Impact Assessment in the Specific Site Allocation Policy MIN 202. We would recommend reference to standing advice [https://www.gov.uk/guidance/protected-species-how-to-review-planning-applications] for ancient woodland and ancient and veteran trees, which has been produced by Natural England and the Forestry Commission for further guidance when making decisions that affect ancient woodland, ancient trees or veteran trees.