Biodiversity Net Gain in Development Management

PRIOR TO COMMENCEMENT: BIODIVERISTY NET GAIN DESIGN STAGE REPORT (Working Copy)

A Biodiversity Net Gain Design Stage Report, in line with Table 2 of CIEEM Biodiversity Net Gain report and audit templates (July 2021), shall be submitted to and approved in writing by the local planning authority which provides a minimum of 10% measurable biodiversity net gain, using the DEFRA Biodiversity Metric 3.0 or any successor.

The content of the Biodiversity Net Gain report should include the following:

Baseline data collection and assessment of current conditions on site;
A commitment to measures in line with the Mitigation Hierarchy and evidence of how BNG Principles have been applied to maximise benefits to biodiversity;
Provision of the full BNG calculations, with detailed justifications for the choice of habitat types, distinctiveness and condition, connectivity and ecological functionality;
Details of the implementation measures and management of proposals;
Details of any off-site provision to be secured by a planning obligation;
Details of the monitoring and auditing measures.

The proposed enhancement measures shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

Reasons: In order to demonstrate measurable net gains and allow the LPA to discharge its duties under the NPPF (2021)

Before the development is commenced, a scheme for the offsetting of biodiversity impacts at the site, offsetting a total value of not less than xxxx Biodiversity Units, shall be submitted to and approved in writing by the Local Planning Authority. This should be supported by a biodiversity metric for the site, costings and appropriate legal agreements to guarantee third party delivery of ongoing habitat management requirements.

The Offsetting scheme shall include:
i. Identification of receptor site or sites, which accord to the requirements of the Lichfield District Council Biodiversity and Development SPD and Lichfield District Nature Recovery Network Evidence Base.
ii. Details of the offsetting requirements of the development in accordance with current Defra biodiversity metric, which has been calculated at xxxx Biodiversity Units;
iii. The provision of evidence of arrangements to secure the delivery of offsetting measures, including a timetable of delivery; and
iv. A management and monitoring plan, to include for the provision and maintenance of the offsetting measures for a period of not less than 30 years from the commencement of the scheme. The management and monitoring plan is to include:
a. Description of all habitat(s) (which must accord to the current Lichfield District Nature Recovery Network Mapping) to be created/restored/enhanced within the scheme including expected management condition and total area;
b. Review of Ecological constraints;
c. Current soil conditions of any areas designated for habitat creation and detailing of what conditioning must occur to the soil prior to the commencement of habitat creation works (for example, lowering of soil pH via application of elemental sulfur);
d. Detailed design and working methods (management prescriptions) to achieve proposed habitats and management conditions, including extent and location or proposed works;
e. Type and source of materials to be used, including species list for all proposed planting and abundance of species within any proposed seed mix;
f. Identification of persons responsible for implementing the works;
g. A timetable of ecological monitoring to assess the success of all habitats creation/enhancement. Ecological monitoring reports should be submitted to the LPA every 5 years.
h. The inclusion of a feedback mechanism to LDC, allowing for the alteration of working methods/management prescriptions, should the monitoring deem it necessary.

The arrangement necessary to secure the delivery of the offsetting measures shall be executed prior to written approval by the Local Planning Authority. The offsetting scheme shall thereafter be implemented in accordance with the requirements of the approved scheme.

The applicant will need to submit to the LPA a Construction Environment Management Plan (CEMP) and a Habitat Management Plan (HMP) detailing, in full, the future habitat creation works (and sustained good management thereof) to a value of no less than XX BU. This should be supported by an updated biodiversity metric for the site.

Within the CEMP and HMP documents the following information will need to be provided so that the LPA can assess the likelihood of any proposed habitat creation works being successful in achieving both desired habitat type and condition. . This should be supported by an updated biodiversity metric for the site, costings and appropriate legal agreements to guarantee third party delivery of ongoing habitat management requirements.

Information submitted within the CEMP and HMP should and expand upon the information provided within the “Biodiversity Impact Calculator dated *****” and as depicted in “Map ****”/EcIA/PEA and must detail:

Current soil conditions of any areas designated for habitat creation and detailing of what conditioning must occur to the soil prior to the commencement of habitat creation works (for example, lowering of soil pH via application of elemental sulfur)
Descriptions and mapping of all exclusion zones (both vehicular and for storage of materials) to be enforced during construction to avoid any unnecessary soil compaction on area to be utilized for habitat creation.
Details of both species composition and abundance (% within seed mix etc…) where planting is to occur including post development habitat maps and plans.
Detailed design and working methods (management prescriptions) to achieve proposed habitats and management conditions, including extent and location or proposed works for a period of no less than 30 years.
Assurances of achievability.
Timetable of delivery for all habitats.
A timetable of future ecological monitoring to ensure that all habitats achieve their proposed management condition as well as description of a feed-back mechanism by which the management prescriptions can be amended should the monitoring deem it necessary. Ecological monitoring reports should be submitted to the LPA every 5 years.

This information can be submitted as part of the current planning application and so become incorporated within the development scheme or its submission to and approval by the LPA can become a pre-commencement condition of any future planning approval.

No development shall take place until an Ecological Design, Management and Monitoring Strategy (EDMMS) for the provision of a minimum 10% biodiversity net gain, to include {…add details…} has been submitted to and approved in writing by the local planning authority. The EDMMS shall include the following:

a. Description and evaluation of habitat/features proposed (to include full Metric (using most current version) and details of condition assessments).

b. Identification of adequate baseline conditions (for management and monitoring purposes) prior to the start of works (to include full Metric (using most current version) and details of condition assessments).

c. Aims and objectives for the proposed works.

d. Site specific and wider ecological trends and constraints that might influence works.

e. Details of the body/organisation/person/s responsible for undertaking the works and lines of communication.

f. Details of the legal and funding mechanism(s) by which the implementation of the EDMMP will be secured by the developer with those responsible for its delivery.

g. Detailed design(s) and/or working method(s) to achieve stated objectives including type/source of materials, disposal of any wastes arising from works and appropriate scale plans showing location/area of proposed works.

h. Works Schedule, aligned with any proposed phasing and including an annual work plan capable of being rolled forward over a five-year period.

i. Prescriptions for initial aftercare and long-term management that will ensure the aims/objectives are met

j. Details for on-going monitoring in years 2, 5, 10, 15, 20, 25 and 30, including:

Appropriate success criteria, thresholds, triggers and targets against which the effectiveness of the work can be measured
Methods for data gathering and analysis.
Location, timing and duration of monitoring
Review, and where appropriate, publication of results and outcomes, including when monitoring reports will be submitted to the local planning authority
How contingencies and/or remedial action will be identified, agreed with the local planning authority and implemented so that the original aims/objectives of the approved scheme are met.

The EDMMS shall be implemented in accordance with the approved details and all habitats/features shall be retained in that manner thereafter.

Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with Policies...

Where Management Plan is already AGREED within the application

The development hereby permitted shall be carried out in accordance with the submitted Biodiversity Gain Plan and Biodiversity Management Plan prepared by……and dated ….., , to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development and the Plan shall be implemented in full.

Monitoring reports will be submitted to the Council during years 2,5, 7, 10, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with Policy 23 of the Cornwall Local Plan Strategic Policies 2010 - 2030 and paragraphs 174 and 180 of the National Planning Policy Framework 2021 and Policy G2 of the emerging Cornwall Climate Emergency DPD.

Where Management Plan NOT YET agreed

The development hereby permitted shall be carried out in accordance with the submitted Biodiversity Gain Plan prepared by……and dated ….. to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development and the Plan shall be implemented in full.

No development shall commence until a Biodiversity Monitoring Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development has been submitted to and agreed in writing by the Local Planning Authority. The Biodiversity Management Plan shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports.

Monitoring reports will be submitted to the Council during years 2,5, 7, 10, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with Policy 23 of the Cornwall Local Plan Strategic Policies 2010 - 2030 and paragraphs 174 and 180 of the National Planning Policy Framework 2021 and Policy G2 of the emerging Cornwall Climate Emergency DPD.

Outline Condition (where layout and BNG gain plan / management plan not agreed)

An application for approval of reserved matters which includes “layout" shall include a Biodiversity Gain Plan and Management Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development. The net biodiversity impact of the development shall be measured in accordance with the DEFRA biodiversity metric as applied in the area in which the site is situated at the relevant time. The Biodiversity Management Plan shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports.

Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with Policy 23 of the Cornwall Local Plan Strategic Policies 2010 - 2030 and paragraphs 174 and 180 of the National Planning Policy Framework 2021 and Policy G2 of the emerging Cornwall Climate Emergency DPD.

No development shall take place on any part of the site until a written 30 year Habitat Management Plan (HMP) for the site has been submitted to and approved in writing by the Local Planning Authority. The approved HMP shall be strictly adhered to and implemented in full for its duration and shall contain the following;

a) Description and evaluation of the features to be managed;

b) Ecological trends and constraints on site that may influence management;

c) Aims, objectives and targets for management - links with local and national species and habitat action plans;

d) Description of the management operations necessary to achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a works schedule, including annual works schedule;

g) Details of the monitoring needed to measure the effectiveness of management;

h) Details of the timetable for each element of the monitoring programme; and

i) Details of the persons responsible for the implementation and monitoring;

j) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets;

k) Reporting on year 1, 2, 5, 10, 20 and 30, with biodiversity reconciliation calculations at each stage.

Reason - this pre-commencement condition is required to ensure the development delivers a biodiversity net gain within the borough and secures the protection and effective management of the remaining habitat on site.

35) No development shall commence unless and until either:

i. A certificate confirming the agreement of an Offsetting Provider approved by the County Planning Authority to deliver a Biodiversity Offsetting Scheme of no less than 5% biodiversity units above the baseline with management guaranteed for a minimum of 30 years has been submitted to and approved in writing by the County Planning Authority. For the avoidance of doubt, the finalised unit number and cost shall be agreed following an updated habitat assessment; Or

ii. A detailed scheme of biodiversity offsetting is submitted to and approved in writing by the County Planning Authority to demonstrate that a minimum of 5% net gain in biodiversity units will be achieved. The scheme shall include baseline biodiversity information of the proposed off-setting site, proposed enhancements, ownership, and a management programme for a minimum of 30 years.

The approved scheme shall thereafter be implemented in accordance with the approved details.

Reason: To compensate of the net loss of biodiversity resulting from the development by providing biodiversity enhancements off-site in accordance with West Oxfordshire Local Plan policy EH3 and ESD10 of the Cherwell Local Plan.

Biodiversity Net Gain in Development Management

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