Draft Regulation 18 Sandwell Local Plan

Protection and Enhancement of Wildlife Habitats

4.10 The Environment Act (2021) states that development proposals are required to provide a minimum 10% uplift in habitat quality on those sites that are being built on. This is referred to as biodiversity net gain (BNG) and it is a process that attempts to leave the environment in a more valuable condition than previously following development. This is a mandatory requirement on most development sites.

4.11 This process involves the use of a nationally agreed formula to help identify what negative impacts on a site's current ecological value will arise from a proposed development, and then calculating how much new or restored habitat, and of what type(s), is required to deliver an overall net gain in biodiversity value following that development. This formula is known as the Biodiversity Metric (currently version 4) and it is produced by DEFRA and Natural England^[37]. A simplified beta test version of the Biodiversity Metric has also been developed specifically for use on small development sites.

4.12 Mandatory biodiversity net gain will also provide an incentive for development to support the delivery of nature recovery networks^[38], through the calculation of biodiversity units at sites identified by the strategy. These networks have been designed to help local planning authorities to focus policy and delivery on conserving and enhancing biodiversity in the most effectual and depleted parts of the local ecological system and to reflect this in land use plans for their area.

4.13 Nature recovery networks are designed to be relevant to local areas, but also to link up with networks in adjacent areas too, with the intention of producing a national nature recovery network in due course. This will enable nature and wildlife to be planned for and protected at a much larger scale than is possible at present.

Justification

Biodiversity net gain

4.14 Biodiversity net gain (BNG) has been described as a measurable target for development projects where impacts on biodiversity are outweighed by a clear mitigation hierarchy approach to first avoid and then minimise impacts, including through restoration and / or compensation. Net gain is an approach to development and land management that aims to leave the natural environment in a measurably better state than beforehand (DEFRA Biodiversity Metric 4 and its subsequent iterations).

4.15 The Environment Act requires a minimum 10% increase in biodiversity within or near new development sites. New development should always seek to enhance rather than reduce levels of biodiversity present on a site. This will require a baseline assessment of what level of biodiversity is currently present, and an estimation of how proposed designs will add to that current level, supported by evidence that a minimum 10% net gain has been delivered.

4.16 Including BNG in the Local Plan will also link biodiversity to other strategic objectives and the overall place-making strategy for Sandwell, enabling a more rounded approach to the environment. On-site biodiversity improvements will also be vital to enhancing the liveability of urban areas, and improving the connection of people to nature, particularly as development densities increase.

4.17 Development should also contribute to wildlife and habitat connectivity in the wider area, in line with the Biodiversity Action Plan and the Black Country Nature Recovery Network Strategy.

4.18 The ways in which developments secure a net gain in biodiversity value will vary depending on the scale and nature of the site. On some sites, the focus will be on the retention of existing habitats. For others, this may be impracticable, and it may be necessary instead to make significant provision for new habitats either on- or off-site.

4.19 It can be challenging to establish new habitats. It is essential that the most important and irreplaceable habitats in Sandwell are protected, and so mitigation rather than retention will not be appropriate in some circumstances. BNG is not applied to irreplaceable habitats, such as ancient woodlands. Any mitigation and / or compensation requirements for sites identified and protected under European law or successor legislation should be dealt with as appropriate, and separately to biodiversity net gain provision.

4.20 Under the Environment Act (2021), all planning applications granted (with few exemptions) will be required to deliver at least 10% Biodiversity Net Gain, measured through the application of the most up-to-date, and relevant, Biodiversity Metric and necessitating the submission of a Biodiversity Gain Plan.

4.21 Some application types have been excluded from the requirements of the Environment Act and so the relevant regulations should be referred to once in effect to confirm this. Exemptions to the need to provide 10% BNG are made for:

1. development impacting habitat of an area below a de minimis threshold of 25m², or 5m for linear habitats such as hedgerows;
2. householder applications;
3. biodiversity gain sites (where habitats are being enhanced for wildlife);
4. small-scale self-build and custom housebuilding; and
5. temporary impacts that will be restored within two years.

Existing sealed surfaces (such as tarmac or existing buildings) are given a zero score under the BNG metric, meaning that these surfaces are effectively exempted from the percentage gain requirement.

4.22 It is important to note however that the development of brownfield or previously developed land is not exempt from the requirement to provide a minimum 10% net gain.

4.23 Biodiversity net gain plans should be agreed prior to commencement^[40]. Sites and areas identified to provide for biodiversity net gain requirements should be managed and monitored for at least 30 years post-provision, via s106 obligations or conservation covenants. Monitoring plans will be required as part of the grant of planning permission and should include indicators^[41] designed to demonstrate the amount and type of biodiversity net gain provided through development, which should be as specific as possible to help build an evidence base for future reviews of the plan.

4.24 The identification and allocation of sites in Sandwell as BNG receptor sites is intended to recognise the dearth of opportunities for on-site provision in the most urban parts of the borough. While developers do not have to purchase units on these sites, the Council is keen to retain as much BNG value within the borough as possible and so has made these sites available and identified additional habitat creation opportunities on them to help provide net benefits in the area.

4.25 The allocated sites are intended to accommodate those units that cannot be provided directly on a development site rather than as a wholesale receptor for all units; e.g., if a site requires 11 BNG units and only seven can be accommodated on site, the remaining four could be delivered on a receptor site. This is intended to promote the need for BNG on or adjacent to development sites wherever possible, but also to recognise the need for a degree of flexibility in delivery, especially where land availability and site viability are issues. As these sites are included on the national register, their accessibility solely to developers operating in Sandwell cannot be guaranteed.

4.26 Most development generates some opportunities to help achieve an overall nature conservation benefit. It will often be possible to secure worthwhile improvements through relatively simple measures, even where there is no formal or mandatory requirement for biodiversity net gain to be delivered, such as for domestic or householder schemes and small scale or permitted development proposals.

4.27 All applicants can contribute to increasing opportunities for nature conservation by making design choices that allow wildlife to continue to inhabit the same area. Artificial nest boxes / bricks can be incorporated within developments relatively easily, especially on taller buildings and / or at eaves level (refurbishments, extensions and / or new build), to provide nesting and roosting opportunities for birds, including species under threat such as swifts, house martins, swallows and house sparrows, and where appropriate, bats.

4.28 Other examples of such measures may include:

• lighting designed and positioned to reduce light pollution and avoid disturbing wildlife
• hedgehog gates in new boundary fences or walls
• insect "hotels"
• the retention of trees, hedges and other vegetation (Policy SNE3)
• wildlife –friendly green walls and roofs on new buildings and places such as communal bin areas, bus shelters and bike stores
• the use of native, wildlife-friendly plants, trees and shrubs in planting and landscaping schemes
• the incorporation of green and blue infrastructure, such as wildlife-friendly SuDS

4.29 Biodiversity features of value frequently occur beyond designated wildlife and ecological sites and should be conserved, enhanced and see additional features created as part of nearby development where this can be achieved.

4.30 The clearance of habitat from a site prior to the submission of a planning application is imprudent. Robust local evidence is generally available to local councils to prove what types of habitat and vegetation were until recently present on a cleared site, so there will still be a requirement to provide suitable and sufficient replacements as part of the biodiversity net gain requirements.

4.31 This is addressed in the Environment Act (2021), which makes provision for sanctions against the clearance of sites prior to a planning application being submitted in relation to the requirement for biodiversity net gain. Under paragraph 6 of Schedule 7A of the Act, if the developer undertakes activities such as clearing the site in a way that reduces its biodiversity value, then the pre-development value to be considered is the one that existed before clearance took place.

Local Nature Recovery Network Strategies (LNRNS)

4.32 The Nature Recovery Network is a major commitment in the government's 25-Year Environment Plan. The government has set out in the Environment Act (2021) that a Local Nature Recovery Network Strategy (LNRNS) will be prepared locally and published for all areas of England, and that these will:

1. agree priorities for nature's recovery;
2. map the most valuable existing habitat for nature using the best available data; and
3. map specific proposals for creating or improving habitat for nature and wider environmental goals.

4.33 The LNRS will help restore many ecosystem functions and improve the services upon which society depends, benefitting nature, people and the economy, and helping to address three of the biggest challenges society faces: biodiversity loss, climate change and human wellbeing. LNRNS will help to map the Nature Recovery Network locally and nationally, and will help to plan, prioritise and target action and investment in nature at a regional level across England.

4.34 LNRSs will support the delivery of mandatory biodiversity net gain and provide a focus for a strengthened duty on all public authorities to conserve and enhance biodiversity. They underpin the Nature Recovery Network and support partnership working and the greater integration of ecological and biodiversity considerations into other areas of land management.

4.35 The Environment Act introduces a new duty on all public bodies to have regard to any relevant LNRNS, creating an incentive for a wide range of organisations to engage with the creation of an LNRNS and to take steps to support its delivery. Local authorities and other public bodies designated by the Secretary of State will also have to report on what steps they have taken, at least every five years.

4.36 The four Black Country Authorities jointly commissioned a Local Nature Recovery Network Strategy. This has produced opportunities mapping that future development proposals will be required to consider in demonstrating how they deliver biodiversity benefits appropriate to the zones identified.

4.37 The Nature Recovery Network Map for Sandwell (April 2021) is shown at Appendix A alongside a description of the components that make it up. This, together with similar strategies for the other three Black Country councils, will eventually form an integral part of a wider West Midlands LNRNS that is to be produced in the future. In the meantime, it will carry weight as evidence supporting Policy SNE2.