Publication Plan April 2024

(16) Policy NB1: Protecting, enhancing and expanding natural assets

Support will be given for proposals which protect and enhance the quality of the natural environment. The restoration, enhancement and creation of habitats and ecological connectivity will be supported, particularly were these contribute to the Local Nature Recovery Strategy, the Nature Recovery Network and the conservation of species and habitats of principal importance, as well as those listed on the Staffordshire Biodiversity Action Plan.

When determining planning applications, the council will apply the principles relevant to habitats and species protection as set out in national legislation and policy. Development proposals which are likely to affect any designated site or habitat, species or geological feature must be supported by adequate information to ensure that the impact of the proposal can be fully assessed.

National Site Network (SACs and SPAs) and Ramsar sites

Where a proposed development is likely to have an adverse impact on a site that forms part of the National Sites Network or Ramsar site (either alone or in-combination with other plans or projects), permissions will not be granted unless there is due compliance with the requirements of the Conservation of Habitats and Species Regulations 2017 (as amended). Where likely significant adverse effects are identified, measures must be put in place to avoid or, if this is not possible, mitigate those impacts. Significant adverse effects that cannot be avoided or adequately mitigated will not be permitted except where there are imperative reasons of overriding public interest. It is the responsibility of the applicant to provide the Local Planning Authority with sufficient information to progress a Habitat Regulations Assessment.

Nationally Designated Sites (SSSI and NNR)

Development proposals which directly or indirectly cause harm to sites of national importance (whether individually or in combination with other developments) will not be permitted. The only exception is where satisfactory mitigation or compensation is provided, and the benefits of the proposed development clearly outweigh both the likely impacts on the features of the site that make it of national importance and any impacts on the wider national network of sites.

Locally Designated Sites (SBIs and LNRs)

Local sites will be safeguarded from development through the use of the mitigation hierarchy with avoidance as the preferred approach. Where impact is unavoidable, developers must provide mitigation or, as a last resort, compensation in the form of replacement habitat in a suitable location to ensure there is a net gain of biodiversity and that the coherence and resilience of any local ecological network is maintained.

Sites that lie outside of a formal designation but which meet the criteria for designation whether that be statutory or non-statutory site designation will be afforded the same protection as if it were to be designated, and applications affecting such sites must assess the site against the Local Wildlife Site Assessment Criteria.

The loss or deterioration of irreplaceable habitats including ancient woodland and ancient or veteran trees will not be acceptable unless there are wholly exceptional reasons, and a suitable compensation strategy is agreed. Areas of very high, high or medium habitat distinctiveness identified in the District's Nature Recovery Network Mapping (or subsequent survey work) and as detailed on the Secretary of State's biodiversity metric should be avoided in the first instance.

Valued soils will be protected and enhanced, including the best and most versatile agricultural land, and development should not contribute to unacceptable levels of soil pollution.

Where there is a confirmed presence or reasonable likelihood of legally protected species, species of principal importance, or species of local conservation concern (i.e. Birds of Conservation Concern, species on the Staffordshire rare plant register, specifies on the edge of its range, red data book species etc.) and a reasonable likelihood of the protected species being affected, the developer will be required to undertake appropriate ecological surveys prior to determination.

Where impacts to the species are likely, the developer must demonstrate compliance with the mitigation hierarchy by first avoiding, then mitigating and finally compensating for any adverse effects. All mitigation and/or compensation measures must be detailed in ecological reports submitted with the application.

The developer must demonstrate through submission of documents that where a protected species mitigation licence is required from Natural England, that Natural England would be reasonably likely to grant this, and that the three tests under Regulation 55 sub-paragraphs (2)(e-g), and (9)(a-b) of the Conservation of Habitats and Species Regulations 2017 (as amended) would be met.

Further guidance will be provided in the Natural Environment and Biodiversity SPD.

Development proposals should be consistent with other Local Plan policies.

(29) Policy NB2: Biodiversity

All new developments must consider biodiversity as part of any proposal, and professional ecological reports must be provided where impacts to biodiversity are anticipated. Development must demonstrate how the mitigation hierarchy has beed applied to the application by first avoiding impacts, then mitigating impacts which cannot be avoided, and finally by providing proportionate compensation where impacts cannot be avoided or mitigated.

The form and design of development must consider how positive outcomes for biodiversity can be achieved through the creation and/or enhancement of native habitats to maintain and enhance ecological connectivity. The built environment should be viewed as an opportunity to fully integrate biodiversity within new development through innovation. Features including green walls and roofs and sustainable urban drainage systems designed for biodiversity will be supported on new developments where appropriate.

Previously developed land (brownfield sites) will not be considered to be vacant of biodiversity. The reuse of such sites must be undertaken carefully with regard to existing features of biodiversity interest. Development proposals on such sites will be expected to include measures that maintain and enhance important features and appropriately incorporate them within any development of the site.

All new development must also include measures to assist with halting the decline of species and to address biodiversity loss by including site-specific enhancements for species such as bat and bird boxes, hedgehog highways, planting of native floral species, and the inclusion of features beneficial for invertebrates such as sand banks, bee bricks, retaining dead-wood on site, and other beneficial measures.

Biodiversity net-gain

All new development must provide a minimum of 10% biodiversity net gain, measured using the Secretary of State's biodiversity metric or other metric as required for the purposes of measuring biodiversity net gain in the Environment Act 2021. Proposals must meet all of the following criteria:

Where new habitats are created the council will seek opportunities for habitat creation that mitigates the effect of climate change on species, enhances links between habitats and facilitates the movement of species through the landscape. Consideration must be given to the aims and objectives of the Local Nature Recovery Strategy, and to addressing the decline of both species and habitats.

Further guidance will be provided in the Natural Environment and Biodiversity SPD.

Development proposals should be consistent with other Local Plan policies.

(4) Policy NB3: Cannock Chase SAC

Development will only be permitted where it can be demonstrated that proposal will have no adverse effect upon the integrity of the Cannock Chase Special Area of Conservation (SAC) either alone or in combination with other plans or projects.

In addition to any other likely significant effects identified all development that leads to a net increase in dwellings within the Zone of Influence around Cannock Chase SAC has the potential to have an adverse impact upon Cannock Chase SAC and must mitigate for such effects. Mitigation can be secured through developer contributions as outlined in the Guidance to Mitigation Note.

The effective avoidance of, and/or mitigation for, any identified adverse effects on the Cannock Chase SAC must be demonstrated to the council as the Competent Authority and Natural England and secured prior to the council giving approval for development. This policy has jurisdiction over developments within South Staffordshire only; however, it will be implemented jointly with neighbouring authorities via the application of complementary policies in partner Local Plans.

Development proposals should be consistent with other Local Plan policies.

(20) Policy NB4: Landscape Character

The intrinsic rural character and local distinctiveness of the South Staffordshire landscape should be maintained and where possible enhanced. Throughout the district, the design and location of new development should take account of the characteristics and sensitivity of the landscape and its surroundings, and not have a detrimental effect on the immediate environment and on any important medium and long-distance views. Proposals must consider the County Council Landscape Character Assessment and Historic Landscape Characterisation in assessing their impacts upon landscape character and should also (where applicable) have regard to the findings of the latest Landscape Sensitivity Study prepared by the council.

All trees, woodland, and hedgerows should be protected and retained. Where any loss of these assets is demonstrably necessary or would facilitate increased biodiversity appropriate mitigation must be delivered by the applicant and appropriate maintenance arrangements established. New and replacement planting should seek to maximise biodiversity in a manner that complements the habitats within and character of the surrounding area.

Proposals within the Historic Landscape Areas (HLA) defined on the Policies Map should have special regard to the desirability of conserving and enhancing the historic landscape character, important landscape features and the setting of the HLA.

All proposals within the Cannock Chase Area of Outstanding Natural Beauty (AONB) and its setting must conserve and enhance the landscape and scenic beauty of the area. In assessing proposals within the AONB or its setting regard must be had to the Cannock Chase AONB Design Guide 2020 and Cannock Chase AONB Views and Setting Guide 2020, or subsequent updates of these documents. Proposals that contribute to the objectives of the Cannock Chase AONB Management Plan, the Forest of Mercia and other local initiatives that will contribute to enhancing landscape character will be supported.

Development proposals should be consistent with other Local Plan policies.