Dudley Council

Part One: Spatial Strategy and Policies (Regulation 18)

Ended on the 22 December 2023
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11. Environment

Introduction

11.1 Dudley enjoys a unique physical and cultural heritage thanks to its origins as a mainstay of heavy industry and driver of the Industrial Revolution. The geological complexity of the area, its topography, its settlement patterns, and the existence of significant areas of green and open space within a large population require a set of robust and relevant planning policies that will help to protect and enhance what gives the borough its unique physical, ecological and historic character and appearance. Despite its mainly urban character, Dudley has an extensive network of formal and informal green spaces and designated nature conservation sites that form the green infrastructure network for the borough.

11.2 The protection and improvement of the borough's biodiversity and geodiversity will improve the attractiveness of the area for people to live, work, study and visit while at the same time improving the physical and natural sustainability of the conurbation in the face of climate change. This will directly contribute to achieving Strategic Priorities one and two.

11.3 The DLP addresses a number of established and evolving topic areas, including the natural and historic environments, air quality, flooding and climate change.

11.4 This section includes a specific section containing policies designed to mitigate and adapt to a changing climate, including policies on the management of heat risk, the use of renewable energy, the availability of local heat networks and the need for increasing resilience and efficiency to help combat the changes that are affecting people and the environment.

11.5 The importance of green infrastructure, in achieving a healthy and stable environment, is reflected throughout the Plan and is supported in this section by policies on trees and Biodiversity Net Gain.

11.6 The importance of the borough in terms of its contribution to geological science and the environment is recognised by being part of the Black Country UNESCO Global Geopark, which is also reflected in a planning policy for the first time.

11.7 Within the borough is Fens Pool Special Areas of Conservation (SAC). This site is of European importance and the DLP has a major role to play in ensuring its special environmental qualities are not impacted adversely by development.

Spatial Strategy Plan: Environment

This plan shows the spatial strategy plan for the Environment across the Borough. This includes the green belt land, which is largely on the southern edge of the borough. It also includes Sites of Local Importance for Nature Conservation which are scattered across the borough and Local Nature Reserves, including Saltwells Nature Reserve.

Nature Conservation

11.8 The protection and improvement of the borough's biodiversity and geodiversity will safeguard and improve the environmental attractiveness and value of the area for residents and visitors, while at the same time improving the physical and natural sustainability of communities within the wider conurbation in the face of climate change. This will directly contribute to delivering Strategic Priority one, which is also associated with supporting the physical and mental wellbeing of residents.

(14) Policy DLP31 Nature Conservation

  1. Development within Dudley will safeguard nature conservation, inside and outside its boundaries, by ensuring that:
    1. development will not be permitted where it would, alone or in combination with other plans or projects, have an adverse impact on the integrity of a European or internationally designated site, including Special Areas of Conservation (SAC);
    2. development is not permitted where it would harm nationally (Sites of Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and Sites of Importance for Nature Conservation) designated nature conservation sites;
    3. locally designated nature conservation sites (Sites of Local Importance for Nature Conservation), important habitats and geological features are protected from development proposals that could negatively impact them;
    4. the movement of wildlife within Dudley and its adjoining areas, through both linear habitats (e.g. wildlife corridors) and the wider urban matrix (e.g. stepping-stone sites) is not impeded by development;
    5. species that are legally protected, in decline, are rare within Dudley and the sub-region or that are covered by national, regional, or local Biodiversity Action Plans will be protected when development occurs in accordance with Part I of the Wildlife and Countryside Act 1981.
       
  2. Adequate information must be submitted with planning applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. A Local Site Assessment must be undertaken and submitted to the Local Sites Partnership where development is likely to impact upon a Site of Importance for Nature Conservation. Supporting information must include a data search from the Local Records Centre[8]. Where the necessary information is not made available, there will be a presumption against granting permission.
     
  3. Where, exceptionally, the strategic benefits of a development clearly outweigh the importance of a local nature conservation site, species, habitat or geological feature, damage must be minimised. Any remaining impacts, including any reduction in area, must be fully mitigated. Compensation will only be accepted in exceptional circumstances. A mitigation strategy must accompany relevant planning applications.
     
  4. Over the plan period, Dudley will update evidence on designated nature conservation sites and Local Nature Reserves as necessary in conjunction with the Local Sites Partnership and Natural England and will amend existing designations in accordance with this evidence. Consequently, sites may receive new, or increased, protection over the Plan period. The Local Environmental Records Centre hold, collate and disseminate the definitive and up-to-date register of locally designated nature conservation sites on behalf of the Dudley Council.
     
  5. All appropriate development should positively contribute to the natural environment of Dudley by:
    1. extending and improving the condition of nature conservation sites;
    2. improving wildlife movement; and / or
    3. restoring or creating habitats / geological features that actively contribute to the implementation of Nature Recovery Networks, Biodiversity Action Plans (BAPs) and / or Geodiversity Action Plans (GAPs) at a national, regional, or local level.
    4. ensuring that canal and natural watercourse-side developments deliver improved and extended corridors for the movement of wildlife and people.
  1. Details of how improvements (appropriate to their location and scale) will contribute to the natural environment, and their ongoing management for the benefit of biodiversity and geodiversity, will be expected to accompany planning applications. Proposals should be informed by Local Nature Recovery Strategies.
     
  2. Additional guidance will be provided within SPDs where relevant.

Justification

11.9 The past development and redevelopment of the borough along with the rest of the Black Country, has led to it being referred to as an "endless village"[9], which describes the interlinked settlements and patches of encapsulated countryside present today. The wider Black Country is home to internationally and nationally designated nature conservation sites and has the most diverse geology, for its size, of any area on Earth[10]. Many rare and protected species are found thriving within its matrix of greenspace and the built environment.

11.10 Sitting at the heart of the British mainland the borough can play an important role in helping species migrate and adapt to climate change as their existing habitats are rendered unsuitable. It is therefore very important to increase the ability of landscapes and their ecosystems to adapt in response to changes in the climate by increasing the range, extent, and connectivity of habitats. In order to protect vulnerable species, the Nature Recovery Network process, which is taking place at a national level, will allow isolated nature conservation sites to be protected, buffered, improved, and linked to others. This will be supplemented by the Black Country Nature Recovery Network Strategy and subsequent work, which all development will be required to consider as set out under Policy DLP 32. When considering the movement of wildlife, development proposals should incorporate the recommendations from the Black Country Local Nature Recovery Opportunity Map and Strategy and the ecological networks identified in this document. Species dispersal will be aided by extending, widening, and improving the habitats of wildlife corridors. Conversely, fragmentation and weakening of wildlife sites and wildlife corridors by development will be opposed.

11.11 Sites of Importance for Nature Conservation (SINC's) and Sites of Local Importance for Nature Conservation (SLINC's) are identified though the process of Local Site Assessment. This process is overseen by the Birmingham and Black Country Local Sites Partnership. The role of the Partnership is to provide expert advice to the area's local authorities and other organisations as appropriate on the selection, management, protection and review of the network of local sites throughout Birmingham and the Black Country. The Partnership comprises representatives of all the organisations involved in the operation of the local sites system. Assessments will need to follow the most recent local sites guidance for selection. If sites are endorsed by the Partnership, then the relevant procedures to adopt and designate local sites within the area will be carried out.

11.12 It is particularly important to protect and enhance SINCs; an up-to-date Local Site Assessment will be required to support any proposal that could potentially impact upon or harm a SINC.

11.13 Development offers an opportunity to improve the local environment, and this is especially so in an urban area. Dudley is committed to meeting its "Biodiversity Duty" under the Natural Environment and Rural Communities Act (2006) and to delivering the principles of the NPPF by proactively protecting, restoring and creating a richer and more sustainable wildlife and geology. The local Biodiversity Partnership, Geodiversity Partnership, Birmingham and Black Country Local Nature Partnership and Local Sites Partnership will identify, map, and regularly review the priorities for protection and improvement throughout the Black Country, in accordance with the Black Country Nature Recovery Network strategy. These will be used to inform planning decisions.

Evidence

  • EcoRecord - Birmingham and Black Country Local Records Centre
  • Birmingham and Black Country Local Sites Assessment Reports
  • Black Country Local Nature Recovery Strategy and Opportunity Map (2022)
  • Biodiversity Action Plan for Birmingham and the Black Country (2009)
  • Geodiversity Action Plan for the Black Country (2005)
  • An Ecological Evaluation of the Black Country Green Belt (2019)

Delivery

  • Biodiversity and Geodiversity Action Plans
  • Development and implementation of Black Country Nature Recovery Strategy
  • Updated ecological surveys and Local Sites Assessment Reports, as appropriate
  • Development Management process

Nature Recovery Network and Biodiversity Net Gain

11.14 The Nature Recovery Network (NRN) 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 Strategy (LNRS) 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.

11.15 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.             

11.16 LNRSs will support delivery of mandatory biodiversity net gain and provide a focus for a strengthened duty on all public authorities to conserve and enhance biodiversity, which were also introduced by the Environment Act (2021). They will underpin the Nature Recovery Network, alongside work to develop partnerships and to integrate nature into incentives and land management actions.             

11.17 Biodiversity net gain is a process that attempts to leave the environment in a more valuable and richer condition than it was found to be in previously. The Government has set out in the Environment Act (2021) that development proposals are required to provide a minimum 10% uplift in habitat quality where sites are being developed.

11.18 This process involves the use of a metric as a proxy for recognising the negative impacts on habitats arising from a development and calculating how much new or restored habitat, and of what types, is required to deliver sufficient net gain.

11.19 Policy DLP32 sets out how development proposals will be required to consider the Nature Recovery Network Strategy and how biodiversity net gain will be secured.

(23) Policy DLP32 Nature Recovery Network and Biodiversity Net Gain

  1. All development shall deliver the Local Nature Recovery Network Strategy in line with the following principles:
    1. take account of where in the Local Nature Recovery Network the development is located and deliver benefits appropriate to that zone;
    2. follow the mitigation hierarchy of avoidance, mitigation and compensation, and provide for the protection, enhancement, restoration and creation of wildlife habitat and green infrastructure;
    3. follow the principles of Making Space for Nature and recognise that spaces are needed for nature and that these should be of sufficient size and quality and must be appropriately connected to other areas of green infrastructure, to address the objectives of the Black Country Nature Recovery Network Strategy.
       
  2. All development shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information.
     
  3. Losses and gains as a result of proposed development will be calculated using the most current national Biodiversity Metric.
     
  4. Development that is likely to have an impact on biodiversity will be considered in accordance with the mitigation hierarchy set out in the NPPF.
     
  5. Biodiversity net gain shall be provided in line with the following principles:
    1. a preference for on-site habitat provision / enhancement wherever practicable, followed by improvements to sites within the local area, and then other sites elsewhere within Dudley;
    2. the maintenance and where possible enhancement of the ability of plants and animals (including pollinating insects) to move, migrate and genetically disperse across Dudley and the Black Country;
    3. the provision / enhancement of priority habitats identified at the national, regional, or local level, having regard to the scarcity of that habitat within Dudley and the Black Country;
       
  6. Exemptions to the need to provide biodiversity net gain on all development will be as set out in the relevant legislation and national guidance.
     
  7. Biodiversity net gain 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 separately to biodiversity net gain provision.
     
  8. Off-site compensation will be accepted as a fall-back only if compensating for losses is not possible within the development site boundary; where off-site measures are needed to meet biodiversity net gain requirements, it is expected that the off-site habitat enhancement or creation will be local to the development site.
     
  9. Provision of on-or off-site compensation should not replace or adversely impact on existing alternative / valuable habitats in those locations and should be provided prior to development.
     
  10. Biodiversity net gain plans will need to be agreed prior to commencement[11], subject to appropriate legal agreements and conservation covenants.
     
  11. Sites and areas identified to provide for biodiversity net gain requirements should be managed and monitored for at least 30 years post-provision, via obligations or conservation covenants.
     
  12. Monitoring plans will be required as part of the grant of planning permission and should include indicators[12] 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.

Justification

11.20 Locally developed Nature Recovery Network Strategies (LNRNS) are required by the Environment Act (2021). 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.

11.21 The Environment Act (2021) 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.

11.22 Dudley alongside the other Black Country Authorities 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 benefits appropriate to the zones identified. The Nature Recovery Network Opportunities Map is shown in the Black Country Nature Recovery Strategy, alongside a description of the components of the opportunities map.

11.23 The final version of the Black Country LNRNS 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 DLP32.              

11.24 The Environment Act underpins the government's approach to establishing the NRN. The Environment Act sets the framework for at least one legally binding biodiversity target, establishes spatial mapping and planning tools to identify existing and potential habitat for wildlife and agrees local priorities for enhancing biodiversity in every area of England (LNRS); creates duties and incentives, including mandatory biodiversity net gain.             

11.25 Biodiversity net gain 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.              

11.26 A locally specific biodiversity net gain policy helps Dudley to identify opportunities for the delivery of biodiversity net gain delivery and determine the 'strategic significance' score that is part of the Biodiversity Metric. In this way, biodiversity net gain can help meet local objectives in addition to contributing to wider nature recovery plans; this will ensure that the right habitats are provided in the right places. Including biodiversity net gain in the Local Plan can also link biodiversity to other strategic objectives and the overall place-making strategy for an area, enabling a more holistic approach to the environment.             

11.27 Net gain is an approach to development, and / or land management, which aims to leave the natural environment in a measurably better state than beforehand.

11.28 Mandatory biodiversity net gain 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. 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.             

11.29 The Environment Act (2021) proposes that new developments must demonstrate a minimum 10% increase in biodiversity on or near 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 is currently present, and an estimation of how proposed designs will add to that level of biodiversity, supported by evidence that a minimum 10% net gain has been delivered.

11.30 Development generates opportunities to help achieve an overall nature conservation benefit. It will often be possible to secure significant improvements through relatively simple measures, such as the incorporation of green and blue infrastructure and features including bird / bat boxes and bricks that can enable wildlife to disperse throughout the borough.

11.31 Biodiversity features of value frequently occur beyond designated sites and should be conserved, enhanced and additional features created as part of development.

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

11.33 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.

11.34 It can be challenging to establish new habitats. It is essential that the most important and irreplaceable habitats are protected, and so mitigation rather than retention will not be appropriate in some circumstances.

Evidence

  • The Environment Act 2021
  • The Government's 25 Year Environment Plan
  • Nature Networks Evidence Handbook - Natural England Research Report NERR081
  • Making Space for Nature (Lawton et al. 2010)
  • DEFRA Biodiversity Metric 4.0
  • Biodiversity Net Gain – Principles and Guidance for UK Construction and Developments – CIEEM
  • The Black Country Local Nature Recovery Network Strategy

Delivery

  • Development Management, legal and funding mechanisms.
  • Biodiversity Net Gain plans accompanying development proposals.

[8] Local Environmental Records Centre for Birmingham and the Black Country (EcoRecord).

[9] CABI

[10] Comment by Black Country Geological Society

[11] This can be after the grant of planning permission but must be before work starts on site

[12] Examples of indicators include (but may not be restricted to) the total number and type of biodiversity units created, the number of developments achieving biodiversity net gains and a record of on-site and off-site contributions.

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