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Section |
Change |
Reason |
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Biodiversity Net Gain |
Revised text:
When Required • Any major development • Any development on small sites unless exemptions apply (see government guidance for details of BNG exemptions - https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments)
Minimum requirements Where an applicant believes the development would be subject to the biodiversity gain condition, planning applications must be accompanied by minimum information set out in Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 in order to be validated as detailed below:
• confirmation that the applicant believes that planning permission, if granted, the development would be subject to the biodiversity gain condition; • the completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or proposed earlier date); • where the applicant proposes to use an earlier date, this proposed earlier date and the reasons for proposing that date; • a statement whether activities have been carried out prior to the date of application (or earlier proposed date), that result in loss of onsite biodiversity value (‘degradation’), and where they have: • a statement to the effect that these activities have been carried out; • the date immediately before these activities were carried out; • the pre-development biodiversity value of the onsite habitat on this date; • the completed metric calculation tool showing the calculations, and • any available supporting evidence of this; • a description of any irreplaceable habitat on the land to which the application relates, that exists on the date of application, (or an earlier date); and • plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).
During the determination of a planning application, biodiversity net gain will be a material consideration, and the Authority will need to consider, where relevant, whether the general biodiversity gain condition is capable of being discharged successfully through the imposition of conditions and agreement of section 106 planning obligations to secure significant onsite biodiversity gains and registered offsite biodiversity gains. Therefore, in addition to the statutory minimum level of information outlined above applicants should also consider the submission of additional information to assist in the decision-making process. This would include:
• A statement outlining how the development will achieve a minimum 10% net gain, including details of the existing baseline onsite habitats, and the anticipated post development habitats retained, created or enhanced to achieve net gain. The statement should include an indication of whether BNG will be delivered onsite or whether additional offsite units or the purchase of statutory credits will be required, explaining how this will comply with the biodiversity gain hierarchy. If offsite provision is proposed an indication of where and how it is intended that these will be secured should be provided; • Draft Biodiversity Net Gain Plan outlining how the developer has applied the biodiversity gain hierarchy, how the development will achieve a minimum 10% net gain; • A draft/interim Habitat Management and Monitoring Plan (HMMP); • Pre- and post-development habitat plans (GIS format preferred with pdf versions).
It is accepted that post-development habitat plans may be indicative at this stage with some of these documents in draft format, particularly for offsite BNG provision and with respect to outline applications. However, sufficient detail should be provided to enable the Authority to have confidence that the level of BNG proposed is realistically achievable; that the application will be able to meet its biodiversity net gain obligation, and that the applicant is aware of the potential costs associated with the plan proposed to achieve it.
Further Guidance Biodiversity Net Gain: What Local Planning Authorities Should Do https://www.gov.uk/guidance/biodiversity-net-gain-what-local-planning-authorities-should-do
Meet your BNG Requirements: Steps to Take for Land Managers https://www.gov.uk/guidance/meet-your-bng-requirements-steps-to-take-for-land-managers
Meet Biodiversity Net Gain Requirements: Steps for Developers https://www.gov.uk/guidance/meet-biodiversity-net-gain-requirements-steps-for-developers
Biodiversity Net Gain: Exempt Developments https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments
Statutory Biodiversity Metric Tools and Guides https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides
For major development: Works should be undertaken by a suitably qualified Ecologist recognised by a relevant professional body such as the Chartered Institute of Ecology and Environmental Management (CIEEM) https://cieem.net/ and The Institute of Environmental Management and Assessment https://www.iema.net/. River habitat / geomorphology assessment should be undertaken by suitably qualified assessors.
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To more accurately reflect the requirements of the BNG legislation. |
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Habitats Regulation Assessment |
Additional requirement:
Additional detail: · An HRA considering the impacts of the proposed development by itself, and in combination with other development on the integrity of the SAC. HRA is a staged procedure, entailing a number possible sequential stages including: Screening (assessment of “likely significant effects”), Appropriate Assessment (effects on site integrity) and Derogation. All stages of HRA may not need to completed depending on the outcome determined at each stage.
Additional guidance: Guidance can also be found here https://www.gov.uk/guidance/habitats-regulations-assessments-protecting-a-european-site |
To include all forms of development subject to HRA, and give further detail on the requirements for HRA. |
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Health Impact Assessment |
Added in link to CYC guidance page https://www.york.gov.uk/HIAGuidance |
Link to additional guidance |
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Self build and custom housing statement |
New category: When is it required? • Developments providing more than one self or custom build plot What is required? • A statement detailing information including the size of plots; indicative locations; phasing; design framework, where appropriate • Heads of Terms identifying the marketing strategy and appropriate sale value Further guidance Forthcoming Housing SPD www.york.gov.uk/SelfBuildCustomHousing |
Requirement justified by policy H4 |