NATURAL ASSETS WELCOME TO THE PLANNERS CPD WEBINAR WHICH WILL BEGIN SHORTLY - East Midlands Councils
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NATURAL ASSETS
WELCOME TO THE PLANNERS CPD WEBINAR WHICH WILL
BEGIN SHORTLY
CHAIR
Andrew Pritchard
East Midlands Councils
Environmental Law - Present & Future Hugh Richards Planners Webinar – 8 October 2020
What’s Hot in Environmental Law? ▪ Recent stuff – Air Quality – Nitrogen Deposition – EIA and Habits Regs ▪ Coming down the track – Environment Bill 2020 – Brexit fall-out – Planning Reform – Court Cases
Air Quality
▪ Impact on AQ is a material consideration in planning
decision-taking
▪ Local AQMA are a particular concern
▪ There is a legal requirement for a national Air Quality
Plan (AQP)
▪ The government keeps losing legal challenges to the
adequacy of the AQP – the ClientEarth litigation
▪ LPAs left as ‘piggy in the middle’?
▪ Can a LPA rely on the government eventually getting it
right and reducing emissions by “the soonest date
possible”?
Air Quality mitigation – can I write a cheque?
▪ Gladman v SSHCLG [2019] EWCA Civ 1453 (12 Sept)
▪ “No” !
▪ “It was not the methodology that was in contention. It was the likely
effectiveness of the financial contributions themselves when
translated into practical measures. The thrust of the objection by
CPRE Kent, which the inspector accepted, was that it could not be
demonstrated that the financial contributions would produce
practical mitigation sufficient to overcome the likely effects of the
development on local air quality.”
▪ “This was a classic matter of planning judgment. The inspector did
not have to accept that because an appropriate arithmetical method
had been used in calculating the level of financial contributions, the
mitigation measures themselves would be effective. It was for him to
consider, in the exercise of his planning judgment, whether the
mitigation would be effective.”
Nitrogen Deposition ▪ Nitrogen in Amonia pollutes water. There are EU rules (like AQ) to protect species and water bodies. ▪ Amonia comes from urine (animal and human) and fertilizer. New houses generate more urine! ▪ If there is a problem which can’t be fixed by mitigation you may have to refuse planning permission. ▪ Why? ………..
Appropriate Assessment
C-164/17 Grace & Sweetman v An Bord Pleanála
▪ Mitigation measures cannot be used to ‘screen out’ the
need for AA. But they can be used in the AA to conclude
there will be no adverse effect
C-461/17 Holohan v An Bord Pleanála
▪ Must assess the implications of the project for (i) species
present on the site but for which the site is listed and not
listed; and (ii) habitats and species outside the site
boundary must be identified and examined to the extent
that those implications are liable to affect the
conservation objectives of the site
EIA Regs – Screening Opinions Kenyon v SSHCLG [2020] EWCA Civ 2020 ▪ Useful review of case law ▪ Deprecates challenges that are “unduly forensic and nit-picking” BUT R(Swire) v SSHCLG [2020] EWHC 1298 (Admin) ▪ Successful judicial review of a screening opinion ▪ SS (as decision-maker) had identified that the issue of BSE burial site contamination required further investigation, assessment and remediation if required. ▪ Whilst the potential for BSE-related contamination had been identified, the scale and nature of the contamination and the specific remediation measures required to address it had not been identified. Insufficient evidence was available.
Environment Bill 2020
▪ Going through parliament now – mid 2021?
▪ Legal (not policy) requirement for Biodiversity Net Gain
▪ Not simply a “have regard to” duty
– Local Nature Recovery Strategies
– targeted measures to protect existing trees
– conservation covenants
– a 10% biodiversity net gain requirement on new development
secured by a mandatory condition on planning permissions
▪ Development may not begin unless a biodiversity gain
plan has been submitted to the LPA and the LPA has
approved the plan.
▪ A “metric” to calculate pre and post biodiversity value
▪ Transition period of 2 yearsBrexit Fall-out ▪ Technically no change – EU law becomes UK law ▪ But a review of EIA/AA/SEA process announced – to end “newt counting delays” ▪ Focus on “substance” not “process” - “protect more of what is precious” ▪ Increased focus on UK-scarce species / habitats ▪ Government to collect more data at a national level about “flood risk, habitats, species, and air quality” ▪ Not sure on the details yet!
Planning Reform – the White Paper
▪ Will it offer stronger protection of the environment?
▪ How will the inevitable tension between ‘meet needs’
and ‘protect’ be resolved?
▪ Environmentalists are not happy!
▪ Watch this spaceCourt Cases Coming Soon!
▪ Challenge (14.10.20) to recent changes to UCO and PD
rights on lack of consultation, screening / SEA, PS
Equality Duty, failure to consider material considerations
▪ Heathrow Airport in the Supreme Court – Climate
Change
▪ C-254/19 Friends of the Irish Environment Ltd v An Bord
Pleanála
AG’S opinion “the decision to extend the duration of the
development consent to construct the facility [from 10 to 15 years],
in the absence of which no works may be carried out, must be
regarded as independent agreement of a project such as to trigger
Article 6(3) of the Habitats Directive”Thank you Hugh Richards hr@no5.com
The work of Nenescape Amanda Johnson – Scheme Manager
A National Lottery Heritage funded initiative of collaborative project brought together by multiple
What is partners, to achieve a shared vision of a healthy and resilient river Nene, where the local wildlife
prospers alongside agricultural and recreational activities.
Nenescape? The landscape's industrial, cultural and archaeological legacies are shared and valued by those living
and working in the Nene Valley and opportunities to learn about and manage the heritage and the
local environment are accessible and plenty.Our funders, partners and volunteer organisations ANGLING TRUST - ASSOCIATION OF NENE RIVER CLUBS - BBC CHILDREN IN NEED - BBC LOOK EAST - BBC NORTHAMPTON - BEAT ROUTE RADIO - BOROUGH COUNCIL OF WELLINGBOROUGH - BREAKING NEW GROUND LPS - THE BRECKS: FEN EDGE & RIVERS LPS - BRITAIN’S BEST SURPRISE - BUDDIES OF BECKETS PARK - CAMBRIDGESHIRE ACRE - CAMBRIDGESHIRE POLICE - CANAL & RIVERS TRUST - CANOE2 - CARLSBERG UK - CINEWORLD SIXFIELDS - DAME JOODY - DELAPRE ABBEY - DERWENTWISE LPS - DESTINATION NENE VALLEY - DIALOGUE MATTERS - EAST NORTHAMPTONSHIRE COUNCIL - ENVIRONMENT AGENCY - ESP MAGAZINE - FESTIVE ROAD - FIFTH CONTINENT LPS - FRIENDS OF CROYLAND PARK LOST ZOO GARDEN - FRIENDS OF THE GREENWAY - FRIENDS OF THE RIVER NENE - FROGLIFE - GREENSAND COUNTRY LPS - GROUNDWORK NORTHAMPTONSHIRE - HIGHAM FERRERS TOWN COUNCIL - HISTORIC ENGLAND - ICARUS - IDVERDE - INLAND WATERWAYS ASSOCIATION - IRCHESTER SCOUTS - IRTHLINGBOROUGH ARCHAEOLOGICAL SOCIETY - IRTHLINGBOROUGH SCOUTS - ITV ANGLIA - KINGSTHORPE COLLEGE - LANGDYKE COUNTRYSIDE TRUST - MARITIME VOLUNTEERS SERVICE - METAL - MINER2MAJOR LPS - MOMENT MAGAZINE - MUSEUM OF LEATHERCRAFT - NATIONAL LOTTERY HERITAGE FUND - NATURAL ENGLAND - NENE PARK TRUST - NENEQUIRER - NENE VALLEY ARCHAEOLOGICAL TRUST - NENE VALLEY CATCHMENT PARTNERSHIP - NENE VALLEY COMMUNITY ACTION - NENE VALLEY RAILWAY - NLIVE RADIO - NN PULSE - NORTHAMPTON BOROUGH COUNCIL - NORTHAMPTON CHRONICLE - NORTHAMPTON FILMHOUSE - NORTHAMPTON INTERNATIONAL ACADEMY - NORTHAMPTON NENE ANGLING CLUB -NORTHAMPTONSHIRE ACRE - NORTHAMPTONSHIRE ARCHIVES SERVICE - NORTHAMPTONSHIRE BATTLEFIELDS SOCIETY - NORTHAMPTONSHIRE BIODIVERSITY RECORDS CENTRE - NORTHAMPTONSHIRE COUNTY COUNCIL COUNTRY PARKS - NORTHAMPTONSHIRE GARDENS TRUST - HERITAGE FORUM - NORTHAMPTONSHIRE HIGHWAYS - NORTHAMPTONSHIRE LIBRARIES - NORTHAMPTONSHIRE LOCAL NATURE PARTNERSHIP - NORTHAMPTONSHIRE MUSIC AND PERFORMING ARTS TRUST AND SCHOOLS - NORTHAMPTONSHIRE NATURAL HISTORY SOCIETY - NORTHAMPTONSHIRE POLICE - NORTHAMPTONSHIRE ROTARY CLUBS – NORTHAMPTONSHIRE TELEGRAPH - ONE TO ONE DEVELOPMENT TRUST - OUNDLE INTERNATIONAL FESTIVAL - OUSE WASHES LPS - OXFORD ARCHAEOLOGY - PECT - PETERBOROUGH AND DISTRICT ANGLING ASSOCIATION - PETERBOROUGH CATHEDRAL - PETERBOROUGH CITY COUNCIL - PETERBOROUGH MUSIC HUB - RAILWORLD - RAUNDS TOWN COUNCIL - RIVER NENE REGIONAL PARK – RIVERS TRUST - ROCKINGHAM FOREST TRUST - ROYAL & DERNGATE - RSPB - RUSHDEN HISTORICAL TRANSPORT SOCIETY - RUSHDEN LAKES - RUSHDEN MUSEUM - RUSHDEN TOWN COUNCIL - RUTLAND MUSIC - SCREEN NORTHANTS - SERVICE SIX - STANWICK PARISH COUNCIL - THAMES FESTIVAL TRUST - THORPEGATE RIVERCARE - UNIVERSITY CENTRE PETERBOROUGH - UNIVERSITY OF NORTHAMPTON - UNIVERSITY OF NOTTINGHAM - VEOLIA - VIVACITY - VOLUNTARY IMPACT NORTHAMPTONSHIRE - WATER, MILLS & MARSHES LPS - WELLINGBOROUGH AND DISTRICT NENE ANGLING CLUB - WELLINGBOROUGH MUSEUM - WILDLIFE TRUST FOR BEDFORDSHIRE, CAMBRIDGESHIRE AND NORTHAMPTONSHIRE - WILLIAM SCOTT ABBOTT TRUST
• To understand and promote the identity of the
Nene Valley and explore how past industries
Exploring the Nene Valley: and peoples have shaped the landscape
people, heritage and identity in a changing • To bring communities together, developing
their skills to respond to current and future
landscape pressures through the interpretation and
restoration of heritage and habitats.Nenescape project area - 198km2 between Northampton and Peterborough
Nenescape in numbers
12 190km2 £2.6million
core twitter
funded
partners
802
project area followers cash from Heritage
Lottery Fund
Facebook
£5million 374 followers
16
5 Estimated total scheme value
115 140 415
projects to
year be delivered
Scheme newsletter unique visitors to
supporting
partners recipients Nenescape website last monthHow has Nenescape been able to improve environmental quality at the same time as delivering wider social and economic benefits? • Secure the Future • Explore the Now • Listen to the Past
Secure the future
Explore the Now
Listen to the Past
Communities and volunteers are at the heart of everything we do
Milestones completed this year… • Settlers Barn and Garden – Stanwick Lakes • Roundhouse – Stanwick Lakes • 752m of Boardwalk – Ferry Meadows • Rivers of the World – Ferry Meadows • 2 farming documentaries for 900 voices collection • Sponsored a feature film! – ‘Nene’ • 120 events and more than 40,000 visitors at 2019 Nene Valley Festival • Community mural, new benches and signage – Rushden Greenway • All aboard for Rushden digital heritage trail – Rushden town to lakes • Launch new Nene Valley website • Back channel and bank restoration – 6 sites • New signage, carvings and seating – Barnwell Country Park • 20 Lets Fish events – across the Nene Catchment • 11 angling coaching events, 50 new multi-lingual angling signs – across Nene Catchment • 3 Polish schools, 300 young people and families engaged in Angling competition • 18 schools participated in history immersion days – Upper Nene Valley • Traditional skills training courses and over 30 community heritage activity days – Stanwick Lakes • 2 Heritage Conservation apprenticeship places created – Ferry Meadows • 2 Intern places provided, in community and environment projects – RNRP & Wildlife Trust Nene catchment wide • Flagship wetland restoration project with new interpretation panels – Ferry Meadows • 5,971 hours given in volunteer time across the scheme • Weekend River clean up, in partnership with 7 wider partner organisations – Northampton waterside
Useful Nenescape project links
• Nenescape project website: nenescape.org/
• New Nene Valley website, celebrating the Nene Valley as a destination: nenevalley.net/
• Nene Valley Festival: https://nenevalley.net/about/festival/
• Settlers of the Nene Valley at Stanwick Lakes: nenesettlers.org/
• Walking with Romans at Nene Park Trust: www.nenepark.org.uk/walking-with-romans
• 900 voices of the Nene - online archive and digital installation: https://900voicesofthenene.co.uk/
• Nene on film and ‘Nene’ trailor: https://nenescape.org/projects-1/film
• Artcodes of the Nene: https://www.horizon.ac.uk/nenescape-artcodes-along-the-nene-ice-age-to-digital-age-project-update/
• All aboard to Rushden (Artcodes) https://play.google.com/store/apps/details?id=uk.ac.horizon.artcodes.nenescape&hl=en_US
• Out to Water, Into history facebook group: https://www.facebook.com/groups/1991932484353679/
• East Northamptonshire Greenway plan: https://www.east-northamptonshire.gov.uk/greenway
• Angling Trust, Building Bridges: https://linesonthewater.anglingtrust.net/2017/12/08/building-bridges-on-the-nene-phase-ii/
• Resilient river project: https://www.riverneneregionalpark.org/projects/resilient-river/
• Resilient River case studies: https://www.riverneneregionalpark.org/projects/case-studies/?fbclid=IwAR1goLBIVTK7imGW43A_lQgxMce_ammbsx4sDg5yY-
knGjWIxMbVC_jQjZY
• River Nene Regional Park: www.riverneneregionalpark.org/
• Farming for the future: www.wildlifebcn.org/farming-future
• Bring Nature Closer, Nene Park Trust: https://www.nenepark.org.uk/bringing-nature-closer
• Nene Valley Nature Improvement Area (NIA): https://www.wildlifebcn.org/nene-valley-nia
• Nenescape project image gallery: https://nenescape.org/gallery?rq=gallery
NENESCAPE YEAR 1 SUMMARY
NENESCAPE YEAR 2 SUMMARY
@NenescapeCreating a ‘Wildway’ Achieving Natural Capital Net Gain and a contribution to a UK Nature Recovery Network
The state of nature
Wildlife-rich places have been defended
and protected for decades - woods,
marshes, meadows, and moorland – mainly
as nature reserves.
This has largely safeguarded many aspects
of the natural world that would have been
destroyed, and reduced the rate of wildlife
losses in some areas.
These were emergency measures, taken
against a tide of widespread destruction to
our natural habitats.The state of nature
We know that protected sites alone are not
enough to achieve wildlife’s recovery
In the last 100yrs, the pressures on the natural
environment have become so great that the
abundance of wildlife has more than halved and
species have become extinct
We’ve done much to slow the rate but most of our
wildlife continues to decline, and faces an
uncertain future due to a changing climate
We are now facing a joint ecological and climate
emergencyThe state of nature
Landscape scale thinking & Lawton Review
Government policy
Ambition to leave the natural
environment in a better state
than we found it
Mandatory net gain for biodiversity
(via the Environment Bill)Why do we need a Wildway?
What’s our starting point? Ambition
A vision that will enable us to integrate
the area through new, green and blue
infrastructure
…maximise green connectionsWhat’s our starting point? Who?
A Natural Capital Net Gain Working Group
(under the umbrella of the interim vehicle for the
East Midlands Development Corporation)
Formed in July 2020 with representation from the
Environment Agency, British Geological Survey,
local authorities and industry partnersWhat’s our starting point? Broxtowe
What’s our starting point? Greater Nottm
What’s our starting point? UK-wide
Nature Recovery Networks – Environment Bill
What is a Nature Recovery Network?
A Nature Recovery Network is a joined-up system of places
needed to allow nature to recover and thrive.
It is a combination of the existing places where wildlife is
more abundant, and the places where new habitats need
to be restored or created in order to expand and connect
the remaining fragments so that nature can recover.
To be effective, it must include rural areas, towns and cities,
and connect across boundariesToton/Chetwynd
Ratcliffe-on-Soar Power Station
East Midlands Airport
A Wildway…? Nature Recovery Network
What next?
1) Produce picture of current Green and Blue
Infrastructure/Natural Capital within the East
Midlands Development Corporation area
2) Produce picture for potential GI/BI
opportunities – based on Biodiversity
Opportunity Mapping and GI strategy work
3) Undertake a Natural Capital Assessment to
compare the current and potential i.e. how
much more Natural Capital and what difference
in ecosystem services?
4) Potentially undertake Natural Capital
valuation of current and future to gauge the
increased financial value of a Green/Blue visionDiscussion
Q & A SESSION
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