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Betts Ecology News
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Developers and Housebuilders — you may think it is just more of the same and that this is not the language you expect from an environmental practice. Wrong on both counts — read on.
The National Planning Policy Framework 2012 is more radical and innovative that it may seem at first sight. We have been working for years towards a sustainable balance between a solid, profitable construction industry and human values & needs for quality open space and biodiversity enhancement. Our latest Estates services business model, which we have crafted exclusively to benefit developers and new occupiers alike, delivers that balance; and now the new planning policies champion this model. Below is our analysis in the context of what we offer as an environmental consultant and open space land manager. The “presumption in favour” of development is a “golden thread” that runs through the new Policy Framework (but see paragraphs 113 and 119). We hope you will presume to favour us – just email or call for a friendly and constructive response.
Please bear in mind we are not like other environmental consultancies. Our background is in heavy industry with a history that goes back more than 250 years. We are a private family firm; we not part of any NGO, wildlife or other lobby group and have no affiliations to any such organisation, or to any planning authority or any public body of that kind. As a scientific practice, we will not compromise our independence or objectivity. The views expressed in this document are our own.
| National Planning Policy Framework paragraph |
Betts implementation |
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7. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:
● an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;
● a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and
● an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
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Every one of the developments in which we become involved, and that is several hundred, contains not just recommendations for environmental protection and biodiversity enhancement, but information in our reports for developers and planners to ensure the economic, social and environmental context is considered and taken forward to serve the new occupiers of the site. But because of our industrial and business background, we do not make impractical proposals no-one can fulfil or pay for. We balance profit, quality of life, costs, convenience, environmental impact and sustainability not just for the planning and building phases, but for the long term for the land and the people who live or work there. |
| 8. These roles should not be undertaken in isolation, because they are mutually dependent. Economic growth can secure higher social and environmental standards, and well-designed buildings and places can improve the lives of people and communities. Therefore, to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system. The planning system should play an active role in guiding development to sustainable solutions. |
It is refreshing to see this view so strongly expressed. It is exactly what we promote and have devised efficient and cost-effective methods of achieving through our Estates options and management packages. We help developers deliver it, improving the commercial standards and profits. |
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9. Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to)...
● moving from a net loss of bio-diversity to achieving net gains for nature; ...
● improving the conditions in which people live, work, travel and take leisure; ...
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Both the improvements cited here from paragraph 9’s list are fundamental to our model and its implementation through our services. The first comes from the Natural Environment White Paper, The Natural Choice: Securing the Value of Nature, 2011, upon which we have commented elsewhere. (Please ask for details.) |
| 14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking... |
A caveat in the Policy Framework here refers to avoiding the grant of consents that would compromise “policies relating to sites protected under the Birds and Habitats Directives [see also paragraph 119 below] and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, Heritage Coast or within a National Park (or the Broads Authority); designated heritage assets; …”. Our specialist knowledge and the science-based land and biodiversity management we provide resolve objections on these grounds to developments near such areas, strengthening the security of their protection in the process, and enabling development to proceed sustainably. |
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17. Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. … [These should]: ...
● not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives; ...
● always seek to secure ... a good standard of amenity for all existing and future occupants of land and buildings;
● ...protecting the Green Belts..., recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it;
● support the transition to a low carbon future in a changing climate, ...and encourage the use of renewable resources (for example, by the development of renewable energy);
● contribute to conserving and enhancing the natural environment and reducing pollution...
● encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value;
● promote mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas, recognising that some open land can perform many functions (such as for wildlife, recreation, flood risk mitigation, carbon storage, or food production);
● conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations; ...
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All of these are pillars of our Estates services model. By bringing together the threads, golden or not, of environmental, social and economic interests in enhancing and managing the green space and environment associated with developments, communities benefit. So do those that construct for them, in their reputation with planners, shareholders and customers — to be translated into future sales. The Policy Framework’s comment here that “Allocations of land for development should prefer land of lesser environmental value, where consistent with other policies in this Framework” serves as a reminder that Betts adopt biologically poor land and enhance it to make ecologically rich open space that will be enjoyed by residents and visitors. There is also a note in support of a remark we often make to developers, that brownfield land can be environmentally valuable and requires a careful scientific approach in planning potential development: all brownfield land is not automatically developable. (This is repeated in the Policy Framework in paragraph 111.) We help developers decide what is and how best to do it. In terms of multiple benefits to the community, we offer peaceful recreation, research, information, web-based bespoke support, access to science & scientists, advice on topics like wildlife gardening, management of offsets/carbon storage areas, heritage interpretation & conservation, permaculture and SuDS care on our adopted land. (Facilities available are site-specific.) |
| 52. The supply of new homes can sometimes be best achieved through planning for larger scale development, such as new settlements or extensions to existing villages and towns that follow the principles of Garden Cities. … [Local authorities] should consider whether it is appropriate to establish Green Belt around or adjoining any such new development. |
This is an interesting reflection of the approach we have advocated for some time — incorporate planned green space within settlements and ensure there is sufficient of it around them to provide an environment at a human scale that epitomises the best of the British landscape’s traditional “soft” character, without sprawl and uninspiring monotony. |
| 61. Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment. |
This continues the theme above: integration rather than imposition, connectivity not segregation. The land we manage, and in some schemes adopt, is there in large part to connect people to their immediate green landscape and its semi-natural ecosystems. This is a major fillip to a developer’s sales. |
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Promoting healthy communities
69. ...Planning policies and decisions … should aim to achieve places which promote: ...
● safe and accessible developments, containing clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas.
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All our open space is truly open and available to local residents and the public for peaceful pursuits. Even sensitive biodiversity sites are planned such that they are accessible (with reasonable limits on pets in some cases) and only closed for short periods if a notable species or habitat requires time to establish or recover. |
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76. Local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them. By designating land as Local Green Space local communities will be able to rule out new development other than in very special circumstances. Identifying land as Local Green Space should therefore be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services. Local Green Spaces should only be designated when a plan is prepared or reviewed, and be capable of enduring beyond the end of the plan period. 77. The Local Green Space designation will not be appropriate for most green areas or open space. The designation should only be used:
● where the green space is in reasonably close proximity to the community it serves;
● where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and
● where the green area concerned is local in character and is not an extensive tract of land. 78. Local policy for managing development within a Local Green Space should be consistent with policy for Green Belts.
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Treating these three paragraphs together, which represent a new direction in rural planning, we welcome the opportunity for local communities to protect their valued green spaces. We applaud the concept of this kind of protection for open space land near to the community it serves within this Policy Framework’s mandate. It adds backing to the legal agreements we draw up with owners and occupiers, and strength to biodiversity enhancements and related policies of our Management Plans for long term security in the delivery of their prescriptions. We would be happy to have the land for which we are environmentally responsible to be so designated by the community. Seen in that light, this is another selling point and value enhancement for a development. |
| 99. Local Plans should take account of climate change over the longer term, including factors such as flood risk, coastal change, water supply and changes to biodiversity and landscape. New development should be planned to avoid increased vulnerability to the range of impacts arising from climate change. When new development is brought forward in areas which are vulnerable, care should be taken to ensure that risks can be managed through suitable adaptation measures, including through the planning of green infrastructure. |
The planet may itself not be at risk from climate change but man and many other species are. There is much we can do such as reducing the use of fossil fuels, sequestering carbon through woodland planting, and cooling our urban areas through a much larger use of green roofs and green walls. Green roofs also help reduce flood risks through control of surface run-off surges and insulate the buildings on which they are planted. At Betts we are keen to promote these measures and use the scientific expertise to which we have access to implement them. People want houses, offices and factories with these features and it will help them sell with added value. |
| 103. When determining planning applications, local planning authorities should [test development proposals against flood risks and give] … priority to the use of sustainable drainage systems. |
The Policy Framework notes that “The Floods and Water Management Act 2010 establishes a Sustainable Drainage Systems Approving Body in unitary or county councils. This body must approve drainage systems in new developments and re-developments before construction begins.” Betts have been in lengthy discussions with developers and certain councils and water authorities on this matter. It has been snagged in bureaucracy which we have worked to clear. Our legal agreements for land that contains SuDS facilities are written to ensure their protection in perpetuity and meet the Approving Body’s criteria. We support SuDS both functionally and in their secondary but important function in providing wildlife habitat and landscape heterogeneity. |
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109. The planning system should contribute to and enhance the natural and local environment by:
● protecting and enhancing valued landscapes, geological conservation interests and soils;
● recognising the wider benefits of ecosystem services;
● minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures;
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This we do, too. It is our raison d’être. All our work is set in the context of the aims of this paragraph. Prospective owners and occupiers increasingly want to be reassured these values are being upheld. |
| 113. Local planning authorities should set criteria based policies against which proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged. Distinctions should be made between the hierarchy of international, national and locally designated sites, so that protection is commensurate with their status and gives appropriate weight to their importance and the contribution that they make to wider ecological networks. |
Obviously this is high on our list of concerns when considering any site for developer clients to ensure we offer advice that is factual, relevant, objective and as comprehensive as possible. It is interesting and important to note that, whilst PPS9 has been swept away by the Policy Framework, Circular 06/2005 on Biodiversity and Geological conservation that was written to go with it has not. Indeed, this paragraph (113) specifically refers to it as the source for providing further guidance. Circular 06 /2005 is an eighty-eight page document that underlines protection of designated sites at all levels, landscape features such as trees and hedgerows, species protected legally by all extant UK and EU statutes and all Biodiversity Action Plan priority species and habitats. It also confirms responsibilities such as the Biodiversity Duty embodied in the Countryside & Rights of Way Act. These statutes are complex, subject to change over time and not always easy to apply or understand, but we have spent more than a quarter of a century helping clients comply with wildlife legislation and finding practical solutions to make difficult projects viable. |
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117. To minimise impacts on biodiversity and geodiversity, planning policies should:
● plan for biodiversity at a landscape-scale across local authority boundaries;
● identify and map components of the local ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them and areas identified by local partnerships for habitat restoration or creation;
● promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations, linked to national and local targets, and identify suitable indicators for monitoring biodiversity in the plan;
● aim to prevent harm to geological conservation interests; and
● where Nature Improvement Areas are identified in Local Plans, consider specifying the types of development that may be appropriate in these Areas.
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Our Estates services have been devised to address all these issues and take development projects forward that demonstrate the benefits these policies were written to encourage. Our Management Plans build them into their prescriptions and their operation implements them to provide confidence to planning authorities, remove obligations from developers once a site is built out and continue serving new residents and occupiers at the required standard transparently and permanently. We place particular emphasis on native habitat re-creation and species recovery programmes. Our flexible agreements allow pricing that is fair, with cost emphasis upon those who use and benefit from the biodiversity protection and enhancement programmes rather than disproportionately on the developer. |
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118. When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
● if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;
● proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest;
● development proposals where the primary objective is to conserve or enhance biodiversity should be permitted;
● opportunities to incorporate biodiversity in and around developments should be encouraged;
● planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and
● the following wildlife sites should be given the same protection as European sites:
–– potential Special Protection Areas and possible Special Areas of Conservation;
–– listed or proposed Ramsar sites; and
–– sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.
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This is a continuation and extrapolation of the policies in paragraph 117 and the same comments as we made above apply. Where arguments for development that may conflict with these policies arise, we are able to provide the objective and detailed scientific advice needed efficiently to determine whether a development proposal should or should not proceed. This avoids wasting time when a project is clearly undeliverable but provides a solid and persuasive case for those that are viable. Mitigation and compensation options and opportunities are well understood by us and are applied where they will be effective but only within the financial viability and profitability boundaries of a development proposal. |
| 119. The presumption in favour of sustainable development (paragraph 14) does not apply where development requiring appropriate assessment under the Birds or Habitats Directives is being considered, planned or determined. |
Appropriate Assessments are an area in which we have expertise. Developments on sites where such Assessments are a requirement can be problematic, so it pays to consult us early in such cases. (NB.A review of the implementation of the Habitats and Wild Birds Directives has been published (March 2012) by Defra, see www.defra.gov.uk/habitats-review/.) |
| 125. By encouraging good design, planning policies and decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation. |
This is a standard recommendation in our reports and implemented through our Management Plans. |
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144. When determining [minerals] planning applications, local planning authorities should:...
● ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment...
● not grant planning permission for peat extraction from new or extended sites;...
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Betts have a long track record in minerals (our original business in smelting and refining ores was started in 1760 and is still run by one branch of the family today). We assist minerals operators with biodiversity impact issues. We advised the Peat Producers Association on the ecology, stratigraphy and sustainability of peat production some years ago. Our findings did not accord with a full ban on peat production or agree that appropriately managed smaller scale production was entirely unsustainable. The anti-peat lobby is particularly strong, however. |
| 158. Each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects of the area. Local planning authorities should ensure that their assessment of and strategies for housing, employment and other uses are integrated, and that they take full account of relevant market and economic signals. |
Let us hope there will be efforts to ensure the environmental evidence is science-based, rigorous, objective and applied. In government at all levels that is unusual and the voices of lobbyists too often drown out facts, but we shall continue to uphold the high standards that have always been our firm’s hallmark for the benefit of our clients and the sustainable fulfilment of their projects. |
| 165. Planning policies and decisions should be based on up-to date information about the natural environment and other characteristics of the area including drawing, for example, from River Basin Management Plans. Working with Local Nature Partnerships where appropriate, this should include an assessment of existing and potential components of ecological networks. A sustainability appraisal which meets the requirements of the European Directive on strategic environmental assessment should be an integral part of the plan preparation process, and should consider all the likely significant effects on the environment, economic and social factors. 166. Local Plans may require a variety of other environmental assessments, including under the Habitats Regulations where there is a likely significant effect on a European wildlife site (which may not necessarily be within the same local authority area), Strategic Flood Risk Assessment and assessments of the physical constraints on land use. Wherever possible, assessments should share the same evidence base and be conducted over similar timescales, but local authorities should take care to ensure that the purposes and statutory requirements of different assessment processes are respected. |
The kinds of assessments listed in these two paragraphs are standard practice in Betts’ work. Undertaking these preparatory exercises correctly and thoroughly is actually logical and cost-effective, avoiding expensive delays and fruitless digressions, and keeping the project on track. |
| 173. Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. |
Another welcome expression of intent which we hope will be applied wisely. This is a clear statement requiring a reduction in red tape and recognising the primacy of financial viability balanced to project scale. We have often found it necessary to argue on behalf of clients that restrictions imposed on smaller projects and the large number of obstacles placed in their way is disproportionate. This paragraph will help support those arguments on behalf of clients in future. |
| 176. Where safeguards are necessary to make a particular development acceptable in planning terms (such as environmental mitigation or compensation), the development should not be approved if the measures required cannot be secured through appropriate conditions or agreements. The need for such safeguards should be clearly justified through discussions with the applicant, and the options for keeping such costs to a minimum fully explored, so that development is not inhibited unnecessarily. |
We have developed clear and effective ways to use sensible conditions and agreements attached to planning consents to overcome the large majority of environmental constraints. Our Estates services and in perpetuity open space/biodiversity protection programme are vital tools in this which it is important for developers to address at the earliest project stage. |
| 190. The more issues that can be resolved at pre-application stage, the greater the benefits. For their role in the planning system to be effective and positive, statutory planning consultees will need to take the same early, pro active approach, and provide advice in a timely manner throughout the development process. This assists local planning authorities in issuing timely decisions, helping to ensure that applicants do not experience unnecessary delays and costs. |
Another welcome statement and related to 176 above — we apply “cradle-to-grave” project planning with which clients should engage to overcome most constraints and needs for compliance. |
| 192. The right information is crucial to good decision-taking, particularly where formal assessments are required (such as Environmental Impact Assessment, Habitats Regulations Assessment and Flood Risk Assessment). To avoid delay, applicants should discuss what information is needed with the local planning authority and expert bodies as early as possible. 193. Local planning authorities should publish a list of their information requirements for applications, which should be proportionate to the nature and scale of development proposals and reviewed on a frequent basis. Local planning authorities should only request supporting information that is relevant, necessary and material to the application in question. |
Yes, this is already a fundamental tenet of EIA practice and similar appraisals which we have been applying for about twenty-five years. The emphasis on proportionality in 193 is a refreshing new emphasis although “significance” of predicted impacts has always been stressed in the main regulations. |
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206. Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.
207. Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Local planning authorities should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so.
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As noted above, we have developed excellent ways to use planning conditions for the protection and enhancement of open space and biodiversity that are efficient, allow projects to proceed and are solidly funded without excessive costs being placed on developers (and in some cases hardly any costs at all). The matter of enforcement is critical. There is no point at all in placing a condition on a planning consent if you are not going to enforce it, yet that is generally what has been happening. We therefore welcome this statement of new policy as it will help to ensure only reasonable and workable conditions are imposed and, when they are, they will be monitored and enforced when needed. We would add that our Management Plans all contain monitoring mechanisms. The facility to enforce is thus built in if required. |
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Thursday, 08 March 2012 10:35 |
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The Welsh government is to merge the Environment Agency Wales (EAW), the Countryside Council for Wales (CCW) and the Forestry Commission Wales (FCA) in an attempt to create a single body that can help them to manage the increasing environmental pressures on the landscapes of Wales.
The Welsh government website begins as follows:
"The new single body will bring together the functions of the Countryside Council for Wales, the Environment Agency Wales, and the Forestry Commission Wales.
Our natural resources Wales’ natural resources – our air, land, water and wildlife – are critical to our quality of life. They provide food, water, energy, timber and materials for construction, which also provide a wide range of opportunities for our economy. Our natural resources are also the foundation for our stunning Welsh landscapes and coast, for us to enjoy, or as a backdrop for our recreational activities..."
Please click here to visit the www.wales.gov.uk website and read the rest of this article. |
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Last Updated on Thursday, 08 March 2012 13:20 |
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Written by Natalie Loben
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Thursday, 08 March 2012 11:23 |
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Defra have set up the Natural Capital Committee in order to help ensure there is an improved understanding of the importance of National Capital across the country.
The Committee will run until 2015 and meet five to six times a year and was set up following the recently published Natural Choice White Paper.
Recruitment for the chair and five Committee members should be completed by the end of March, shortly after which the first meeting will follow.
Please visit the Natural Capital Committee web page for further information. |
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Last Updated on Thursday, 08 March 2012 13:20 |
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Written by Natalie Loben
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Thursday, 08 March 2012 11:01 |
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BBC2 are showing an excellent series with Sarah Raven at the moment that explains the importance of biodiversity in our own back gardens. Butterflies, Bees and Blooms is worth watching to get some ideas on how we can all work together to improve the richness, diversity and quality of the plants in our garden to encourage the return of thes precious pollinators.
 
Visit the series website for more details, and to watch the latest episodes and clips available.
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Last Updated on Thursday, 08 March 2012 13:20 |
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Thursday, 08 March 2012 11:54 |
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The first European Biodiversity Summit for business is set to take place in Stuttgart, Germany on 17 and 18 April 2012. It will cover many business-related topics including the latest information on biodiversity valuation, EU regulations and climate change.
Organised by the European Business and Biodiversity Campaign, the event will be attended by notable politicians and companies such as Ulilever, Iberdrola, Otto Group and Robert Bosch and expects in excess of 500 participants in total.
There will also be opportunities (as part of the market place exposition) for participants to exchange with representatives from the corporate sector.
Click here to visit the web page for this event, which includes a link to register, or click here to view their flyer. |
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Last Updated on Thursday, 08 March 2012 13:19 |
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