Q-C9.1: Please select the option which is most appropriate for South Warwickshire
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5.2 NPPF Paragraph 32 advises that local plans should address relevant environmental objectives, including opportunities for net gains. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered). Further, Paragraph 174 advises that planning policies and decisions should contribute to and enhance the natural and local environment by minimising impacts on and providing net gains for biodiversity, including establishing coherent ecological network that are more resilient to current and future pressures. 5.3 L&Q Estates are supportive of Option C9.1a: Include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity. The Site [land east of Banbury Road, Southam] will seek to deliver a minimum 10% in biodiversity net gain, alongside other on-site habitat provision and enhancement, through the retention and enhancement of the onsite hedgerow network, ponds, and semi-improved grassland fields. The site masterplan seeks to maintain wildlife corridors between these valuable ecological habitats, both within the site and the wider landscape.
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Supportive of the need to address net losses to biodiversity through the provision of enhancement to deliver an overall net gain.
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Climate responsive development is obviously needed to safeguard our housing stock for future but more importantly efforts to reduce climate change are more important. We should not just focus on adapting.
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Against the background set by the Environment Act 2021, a Biodiversity Net Gain requirement of 10% is a factor which will need to be addressed as part of any application. 2.30 The NPPF is clear that the purpose of the planning system is to contribute to the achievement of sustainable development (Para 7), and that sustainable development comprises three overarching objectives: economic, social and environmental (Para 8). Whilst the NPPF emphasises the importance of making sufficient provision for housing and employment land (Para 20a), the NPPF is also clear planning should support “strong, vibrant and healthy communities” (Para 8b) and that strategic policies should make sufficient provisions for: “d) conservation and enhancement of the natural, built and historic environment, including landscapes and green infrastructure, and planning measures to address climate change mitigation and adaptation.” 2.31 Paragraph 118a of the NPPF goes on to state that planning policies should: “encourage multiple benefits from both urban and rural land, including through mixeduse schemes and taking opportunities to achieve net environmental gains – such as developments that would enable new habitat creation or improve public access to the countryside…” 2.32 It would also be appropriate given that the SWAs have declared climate emergencies, and would align with WDC’s ‘Climate Emergency Action Programme’ and SOADC’s ‘Council Plan 2019-2023’, to secure environmentally sustainable development and improve the natural ‘green’ environment by improving the area’s biodiversity through tree planting and the creation of new habitat areas. In essence, St Philips agrees with the SWAs that the provision of green and blue infrastructure within development sites, alongside habitat improvements, are critical elements of ensuring development is sustainable, can enhance habitats and can help respond to the ongoing climate emergency. 2.33 In this context, St Philips supports the inclusion of compensatory measures, including biodiversity offsetting (i.e. Biodiversity Net Gain [BNG]). Although, St Philips does not consider that a policy requirement is needed in regard to BNG as the Environment Act 2021 has already been approved as part of national legislation. Although, it is acknowledged that the Council could deviate from the Environment Act 2021 where evidence justifies a higher requirement as per NPPF paragraph 31. However, it is important to note that any proposed policy requirement would have to be considered and assessed within a viability assessment before being adopted through the Local Plan Review.
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Q-C7: Option C7c: None of these The preferred option should be determined with reference to a robust evidence base, including in relation to viability. More evidence is required. Q-C9.1: Option C9.1b: Do not include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity. Option C9.1b is appropriate because new legislation will deal with this matter.
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Against the background set by the Environment Act 2021, a Biodiversity Net Gain [BNG] requirement of 10% is a factor which will need to be addressed as part of any application. The NPPF is clear that the purpose of the planning system is to contribute to the achievement of sustainable development (Para 7), and that sustainable development comprises three overarching objectives: economic, social and environmental (Para 8). Whilst the NPPF emphasises the importance of making sufficient provision for housing and employment land (Para 20a), the NPPF is also clear planning should support “strong, vibrant and healthy communities” (Para 8b) and that strategic policies should make sufficient provisions for: “d) conservation and enhancement of the natural, built and historic environment, including landscapes and green infrastructure, and planning measures to address climate change mitigation and adaptation.” Paragraph 118a of the NPPF goes on to state that planning policies should: “encourage multiple benefits from both urban and rural land, including through mixeduse schemes and taking opportunities to achieve net environmental gains – such as developments that would enable new habitat creation or improve public access to the countryside…” It would also be appropriate given that the SWAs have declared climate emergencies, and would align with WDC’s ‘Climate Emergency Action Programme’ and SOADC’s ‘Council Plan 2019-2023’, to secure environmentally sustainable development and improve the natural ‘green’ environment by improving the area’s biodiversity through tree planting and the creation of new habitat areas. In essence, St Philips agrees with the SWAs that the provision of green and blue infrastructure within development sites, alongside habitat improvements, are critical elements of ensuring development is sustainable, can enhance habitats and can help respond to the ongoing climate emergency. In this context, St Philips supports the inclusion of compensatory measures, including biodiversity offsetting (i.e. Biodiversity Net Gain). Although, St Philips does not consider that a policy requirement is needed in regard to BNG as the Environment Act 2021 has already been approved as part of national legislation. Although, it is acknowledged that the Council could deviate from the Environment Act 2021 where evidence justifies a higher requirement as per NPPF paragraph 31. However, it is important to note that any proposed policy requirement would have to be considered and assessed within a viability assessment.
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Question C4.1: 3.62 Option C4.1a would ensure that new development complies with the latest national building regulation requirements in respect of achieving net zero carbon. 3.63 Though this compliance with building regulations is not a strategic priority which warrants to be included in SWLP Part 1. The requirement for compliance with such specific national building regulations can be included in the SWLP Part 2, unless it is centrally prescribed by in national development management policies as proposed by the Levelling Up and Regeneration Bill (LURB). 3.64 Instead, at this strategic stage as set out at C3.3, it is recommended that the site selection process is informed by those strategic sites which can provide climate change adaptation and mitigation as referred to in National Planning Practice Guidance (PPG) [Paragraph 003 Reference ID: 6-003-20140612 and Paragraph 007 Reference ID: 6-007- 20140306]. Question C9.1: 3.65 Option C9.1a is the most appropriate option for South Warwickshire and is in accordance with paragraphs 177d and 182b of the NPPF which seek to secure biodiversity net gain via plan-making. 3.66 However, any planning policy requiring new development to incorporate measures to increase biodiversity should be flexible and adhere to the PPG [Paragraph 022 Reference ID: 8-022-20190721] which states, “biodiversity net gain can be achieved onsite, off-site or through a combination of on-site and off-site measures”. 3.67 It is recommended WDC and SDC work with Warwickshire County Council (WCC) to identify ‘habitat banks’ i.e. areas of enhanced or created habitats which generate biodiversity credits. This will support strategic sites that are unable to deliver net gain wholly on site.
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Against the background set by the Environment Act 2021, a Biodiversity Net Gain [BNG] requirement of 10% is a factor which will need to be addressed as part of any application. The NPPF is clear that the purpose of the planning system is to contribute to the achievement of sustainable development (Para 7), and that sustainable development comprises three overarching objectives: economic, social and environmental (Para 8). Whilst the NPPF emphasises the importance of making sufficient provision for housing and employment land (Para 20a), the NPPF is also clear planning should support “strong, vibrant and healthy communities” (Para 8b) and that strategic policies should make sufficient provisions for: “d) conservation and enhancement of the natural, built and historic environment, including landscapes and green infrastructure, and planning measures to address climate change mitigation and adaptation.” 2.42 Paragraph 118a of the NPPF goes on to state that planning policies should: “encourage multiple benefits from both urban and rural land, including through mixeduse schemes and taking opportunities to achieve net environmental gains – such as developments that would enable new habitat creation or improve public access to the countryside…” 2.43 It would also be appropriate given that the SWAs have declared climate emergencies, and would align with WDC’s ‘Climate Emergency Action Programme’ and SOADC’s ‘Council Plan 2019-2023’, to secure environmentally sustainable development and improve the natural ‘green’ environment by improving the area’s biodiversity through tree planting and the creation of new habitat areas. In essence, St Philips agrees with the SWAs that the provision of green and blue infrastructure within development sites, alongside habitat improvements, are critical elements of ensuring development is sustainable, can enhance habitats and can help respond to the ongoing climate emergency. 2.44 In this context, St Philips supports the inclusion of compensatory measures, including biodiversity offsetting (i.e. Biodiversity Net Gain [BNG]). Although, St Philips does not consider that a policy requirement is needed in regard to BNG as the Environment Act 2021 has already been approved as part of national legislation. Although, it is acknowledged that the Council could deviate from the Environment Act 2021 where evidence justifies a higher requirement as per NPPF paragraph 31. However, it is important to note that any proposed policy requirement would have to be considered and assessed within a viability assessment.
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Q-C3.1: Do you think we should develop a carbon offsetting approach to new developments where it is demonstrated that it is not possible to achieve net carbon zero requirements on site? Y/N/DK 2.64. Don’t know. As recognised in the Consultation Document, some developments may not be able to completely neutralise their carbon emissions on site and in these cases a carbon off-setting approach would seem reasonable. However, it will be imperative that the SWLP provides an appropriate mechanism for carbon offsetting. The Consultation Document suggests that in addition to natural solutions such as tree planting that a fund could be created through the pooling of financial contributions from developers which will enable the existing housing stock to be retrofitted with measures to help reduce carbon emissions. However, it is not clear how such a scheme would operate in practice (i.e., how will financial contributions be calculated and who would be responsible for administrating, delivering and monitoring such a scheme?) or if it would meet the tests of Regulation 122 of the CIL Regulations 2010 (as amended). Without more information it is therefore very difficult to comment. Accordingly, the Respondent reserves their right to comment once more information is made available in this regard.
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Q-C4.1: Please select all options which are appropriate for South Warwickshire Option C4.1a: Do not have a policy and allow new development to comply with the national building regulation requirements, which may change over time. 2.67. The Respondent considers it superfluous to include a policy requiring new development to comply with national building regulation requirements given that developers will need to comply with Building Regulations in any event. 2.68. While the Councils’ aspirations to raise the standard of design and achieve net zero carbon is understood, and to some extent supported, achieving this will come at a significant cost to development which, given the time frames involved, is unlikely to be easily absorbed and therefore has the potential to put at risk the delivery of sites and, in turn, the timely delivery of market and affordable homes. 2.69. Considering these concerns, Option 4.1a is considered to be most appropriate. If, however, the Councils are minded to set a higher local standard, then it is advised that realistic transitional arrangements are allowed for to enable the development industry time to respond. In the Respondent’s view, the timeframe indicated in Option C4.1c is the minimum that should be adopted. In imposing standards caution also needs to be shown to ensure that redundant technology is not prescribed and that developers can make an appropriate choice of systems at the time houses are being delivered. In addition, the Plan will have to be supported by evidence demonstrating that the viability both technical and financial has been taken into account.
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Q-C8: Please select the option which is most appropriate for South Warwickshire Option C8b: Do not include a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flood and drought events 2.72. The Respondent is generally supportive of the management and use of water within new developments and already seeks to incorporate SUDS in its schemes where it is feasible to do so. Furthermore, the Respondent has no in principle objection to the implementation of measures to reduce water consumption, however, they would not currently support a policy which goes beyond existing Building Regulations. Q-C9.1: Please select the option which is most appropriate for South Warwickshire Option C9.1b: Do not include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity 2.73. The Respondent is generally supportive of incorporating measures to increase biodiversity within new developments and notes that the need to provide 10% Biodiversity Net Gain (BNG) is soon to become mandatory under the Environment Act 2021. In light of which the need for an additional policy is unclear. 2.74. The introduction of any policy that has the potential to affect the viability and delivery of sites needs to be cautiously considered, with overly prescriptive requirements (such as limitations on the amount of hard landscaping that can be used within sites etc.) avoided. In the Respondent’s view, suggestions regarding how a development might go about achieving biodiversity increases on site should be set out in supporting text and not directly in policy wording to reflect best practice rather than a strict policy requirement. 2.75. While the delivery of on-site BNG may be preferred, the ability to deliver off-site BNG should not be ruled out, since there will be sites where BNG on site is not achievable. In this regard it is imperative that the SWLP provides an appropriate mechanism for offsetting when it is simply impractical to provide the level of net gain by any calculator being adopted by Natural England. 20 2.76. For the avoidance of doubt, the Respondent would have significant objections if the level of BNG required in South Warwickshire were to extend beyond the 10% required in line with the provisions of the Environment Act 2021.
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Issue C4. New Buildings. The Government sets building standards through Building Regulations and therefore it would be inappropriate and confusing for the two Councils to come up with a separate sets of standards and would be almost impossible to enforce. Issue C5. Existing Buildings. The Local Plan should not set unrealistic targets which building owners cannot possibly meet. Local authorities and Government might wish to incentivise property owners to save energy and retrofit improvements. However, it would be unrealistic to require a zero-carbon target which could not have any guarantee of being achieved.
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Q-C4.1. Please select all options which are appropriate for South Warwickshire Option C4.1c. Option C4.1c provides the opportunity to impose more stringent requirements, which reflect best practice, than the minimum legal requirement. Q-C5.2. Please select all options which are appropriate for South Warwickshire Option C5b. Option C5b encourages the retrofit of climate change measures whilst allowing for a more flexible approach in more sensitive locations where it will be important for solutions to be sought to minimise adverse impacts on local surroundings. This consideration of sensitive locations is particularly important in the Cotswolds National Landscape, where cultural heritage (including the historic environment) is one of the features that contributes to the natural beauty of the area and where the local distinctiveness of the built environment (including the vernacular architecture and use of local Cotswold stone) is one of the area’s special qualities. An alternative option would be to apply Option C5b in the Cotswolds National Landscape, Conservation Areas and in listed buildings and their settings and to apply Option C5a elsewhere. Q-C9.1. Please select the option which is most appropriate for South Warwickshire Option C9.1a. The Environment Act 2021 sets targets for new development to provide a minimum of 10% biodiversity net gain (BNG). This statutory requirement should be reflected in the South Warwickshire Local Plan. Consideration should be given to setting higher BNG requirements than the statutory 10% BNG. Research in Kent has identified that a shift from 10% to 15% or 20% BNG will not materially affect viability in the majority of instances when delivered onsite or offsite.25 High BNG requirements are particularly relevant in the Cotswolds National Landscape. For example: . Natural heritage (including biodiversity) is one of the factors that contributes to the natural beauty of AONBs – as such, there is a statutory requirement to have regard to conserving and enhancing natural heritage / biodiversity in AONBs. . The Government-commissioned Landscapes Review has stated that AONBs and National parks should form the backbone of Nature Recovery Networks - joining things up within and beyond their boundaries;26 The Prime Minister has committed to protect 30% of UK land for nature by 2030 (30 by 30)27 … Achieving 30 by 30 will rely on improvements in how these areas [AONBs and National Parks] are protected and managed for nature recovery.28 High BNG requirements are also particularly relevant in areas that are identified as being a priority for nature recovery. We recommend that the South Warwickshire Local Plan should set a BNG requirement of 20%, at least in the Cotswolds National Landscape and in areas identified as being high priority for nature recovery. 25 Kent County Council (2022) Viability Assessment of Biodiversity Net Gain in Kent – Final Report. 26 Defra (2019) Landscapes Review Final Report.Proposal 4, page 52. 27 https://www.gov.uk/government/news/pm-commits-to-protect-30-of-uk-land-in-boost-for-biodiversity. This press release implies that the 30% figure includes the entirety of AONBs: ‘Existing National Parks, Areas of Outstanding Natural Beauty and other protected areas already comprise approximately 26% of land in England. An additional 4% … will be protected to support the recovery of nature’. However, the Government’s response to the Landscapes Review states that ‘at present, under their current statutory purposes, level of protection and management, protected landscapes cannot be said to contribute towards 30 by 30 in their entirety’. 28 Landscapes review: government response Since the publication of the review - nature and climate.
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Climate responsive development is obviously needed to safeguard our housing stock for future but more importantly efforts to reduce climate change are more important. We should not just focus on adapting.
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Climate responsive development is obviously needed to safeguard our housing stock for future but more importantly efforts to reduce climate change are more important. We should not just focus on adapting.
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Issue C4: New Buildings: NE encourages buildings designed to accommodate high environmental standards as described. We also encourage the Plan to move towards innovative building design that incorporates more opportunities for nature within the fabric of the building. This can be as diverse as designing in opportunities for Bat roosts, Swift and House-martin nests to wall hibernacula for Newts and crevices for invertebrates.
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Issue C7: Adapting to higher temperatures: The Local Plan should consider climate change adaption and recognise the role of the natural environment to deliver measures to reduce the effects of climate change, for example tree planting to moderate heat island effects. In addition factors which may lead to exacerbate climate change (through more greenhouse gases) should be avoided (e.g. pollution, habitat fragmentation, loss of biodiversity) and the natural environment’s resilience to change should be protected. Green Infrastructure and resilient ecological networks play an important role in aiding climate change adaptation. Our advice on adaptation focuses on measures to assist biodiversity to adapt, and green infrastructure measures to assist people to adapt (principally to extreme high temperature events, extreme high/low rainfall events, and for coastal areas, sea level rise and extreme storm surge events). For example, using tree planting to moderate heat island effects and SUDS to address flooding. Issue C9: Mitigating Biodiversity loss: Strategic/landscape scale approach to biodiversity: We acknowledge and support the direction of travel of this Policy. The plan should set out a strategic approach, planning positively for the creation, protection, enhancement and management of networks of biodiversity. The policies should consider biodiversity at a landscape-scale across local authority boundaries. Natural England recommends that the Local Plan should have close connections to the Local Nature Recovery Strategy (LNRS), with these plans ideally working towards a shared purpose. We recommend that the LPA approaches the LNRS lead to discuss how the plans can complement each other. Connections should also be made to the green infrastructure strategy.
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Q-C9.1: Please select the option which is most appropriate for South Warwickshire L&Q Estates are supportive of the need to address net losses to biodiversity through the provision of enhancement to deliver an overall net gain. The Environment Act will require all development to provide at least a 10% Biodiversity Net Gain (BNG) increase and there would be no objection to this being carried through into a local policy. Indeed, it would reflect one of the core principles of the NPPF to conserve and enhance the natural environment. Any such policy though, should be drafted to provide as much flexibility as possible. The test is whether the 10% BNG is delivered, not the method by which it is delivered. It is important that the way in which ‘net gains’ are calculated is given careful consideration and a pragmatic view should be taken in terms the delivery of biodiversity enhancements where there are clear landscape and habitat improvements, rather than being wholly reliant on the output of a rigid calculator, in particular where this could impede viability and thus the delivery of much needed housing.
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Issue C4: New Buildings Q-C4.1 We consider that there is no requirement to have a specific policy covering the energy efficiency standards of new development. This would be a duplication of Building Regulations which are being updated regularly to reflect the national desire to reduce carbon dioxide emissions from previous standards. The frequency of changes to Building Regulations will probably mean that plans adopted to align with current standards will soon be out of date. Issue C6: Whole Life-Cycle carbon emissions assessments Q-C6.1c – none of these. The requirement for such an assessment would be unduly onerous on the developers and we would argue that Building Regulations and the need to comply with them, will adequately safeguard emissions to agreed levels (set nationally by the Government). Issue C7: Adapting to higher Temperatures C7b: We do not believe that a policy requiring new developments to incorporate measures to adapt to higher temperatures are necessary, particularly within Part 1 of the Plan. We consider that such measures are most likely to occur through the market in time, if required. If it were to become part of a policy requirement, we would expect that viability would be taken into account. Such measures should be carefully considered to ensure that they do not stifle the provision of much needed dwellings across the District. Issue C8: Adapting to flood and drought events Option C8b: We consider that there is no requirement to have a specific policy to incorporate measures to adapt to flood and drought events. This would be a duplication of Building Regulations which are being updated regularly to manage flood risk and water consumption. The frequency of changes to Building Regulations will probably mean that plans adopted to align with current standards will soon be out of date. Issue C9: Mitigating Biodiversity Loss Q-C91a. The Environment Act 2021 requires all planning permissions in England to deliver at least 10% biodiversity net gain (date yet to be confirmed) but expected to be November 2023. The NPPF already encourages BNG and most developers accept that their proposals will need to take account of it. Most new local plans are including specific policies dealing with biodiversity loss and gain. Any policy should be consistent with national policy and subject to thorough evidence testing and consulted upon as the Plan progresses, in particular if the target is for greater than 10% BNG. Q-C91a. The Environment Act 2021 requires all planning permissions in England to deliver at least 10% biodiversity net gain (date yet to be confirmed) but expected to be November 2023. The NPPF already encourages BNG and most developers accept that their proposals will need to take account of it. Most new local plans are including specific policies dealing with biodiversity loss and gain. Any policy should be consistent with national policy and subject to thorough evidence testing and consulted upon as the Plan progresses, in particular if the target is for greater than 10% BNG.
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Issue C7: Adapting to higher Temperatures C7b: We do not believe that a policy requiring new developments to incorporate measures to adapt to higher temperatures are necessary, particularly within Part 1 of the Plan. We consider that such measures are most likely to occur through the market in time, if required. If it were to become part of a policy requirement, we would expect that viability would be taken into account. Such measures should be carefully considered to ensure that they do not stifle the provision of much needed dwellings across the District. Issue C8: Adapting to flood and drought events Option C8b: We consider that there is no requirement to have a specific policy to incorporate measures to adapt to flood and drought events. This would be a duplication of Building Regulations which are being updated regularly to manage flood risk and water consumption. The frequency of changes to Building Regulations will probably mean that plans adopted to align with current standards will soon be out of date. Issue C9: Mitigating Biodiversity Loss Q-C91a. The Environment Act 2021 requires all planning permissions in England to deliver at least 10% biodiversity net gain (date yet to be confirmed) but expected to be November 2023. The NPPF already encourages BNG and most developers accept that their proposals will need to take account of it. Most new local plans are including specific policies dealing with biodiversity loss and gain. Any policy should be consistent with national policy and subject to thorough evidence testing and consulted upon as the Plan progresses, in particular if the target is for greater than 10% BNG.
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Q-C9.1: Please select the option which is most appropriate for South Warwickshire Crest Nicholson supports Option C9.1b. Option C9.1a maybe at odds with the requirement to make most efficient use of land (NPPF paragraph 125) as well as the requirement to achieve high quality design. Any such requirements which seek to limit hard standing on site need to be considered in tandem with other site requirements, such as open space provision and connectivity requirements, so the overall impact on development can be understood. The evidence base should include examples demonstrating how C9.1a can work in practice without compromising other development requirements, objectives or scheme deliverability if this option is to be taken forward.
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Issue C9: Mitigating Biodiversity loss 5.5 We do not consider that there is any justification for setting specific measures beyond the levels set by Government in the Environment Act. This is because the imposition of additional measures does not reflect the specific characteristics and opportunities alongside constraints which will vary from site to site.
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Q-C7: Please select the option which is most appropriate for South Warwickshire (adapting to higher temperatures) Bellway supports option C7b: Do not include a policy that requires new developments and changes to existing buildings to incorporate measure to adapt to higher temperatures. The preferred option should be determined by reference to a robust evidence base. National policy does not require buildings to be adaptive to higher temperatures, so therefore is not consistent with national policy. Q-C8: Please select the option which is most appropriate for South Warwickshire (adopting to flood and drought events) In the absence of any evidence, Bellway supports option C8b: Do not include a policy that goes beyond existing Building Regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flood and drought events. Bellway considers that this approach offers more flexibility than Option C8a which proposes to set a policy which goes beyond building regulations. Any policy which seeks to go above national requirements needs to be properly evidenced and justified. Q-C9.1: Please select the option which is most appropriate for South Warwickshire (Mitigating Biodiversity Loss) Bellway supports Option C9.1b: Do not include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity. Option C9.1a proposes to potentially set a specific percentage of a site to have paved/hard surfaced areas. Bellway object to this approach as it goes against the NPPF’s requirement to make efficient use of land (Chapter 11). Any requirements which seek to limit hard standing on site need to be considered in tandem with other site requirements, such as open space provision and BNG requirements, so the overall impact on the net developable area of a site can be understood. The evidence base should include examples demonstrating how C9.1a can work in practice without compromising other development requirements, objectives or scheme deliverability if this option is to be taken forward.
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It is important that any policy measures relating to biodiversity do not dictate site specific biodiversity enhancement requirements (e.g. larger developments to have less than 50% of the wider site consisting of hard surfaces), as applicants and developers will need to comply with wider national legislative biodiversity requirements that are coming forward through the Environment Act. The policy must allow the applicant and its design team to evolve its own strategy for mitigation and biodiversity net gain based upon the character of the site; the nature of the development; the existing green infrastructure; the needs of any local biodiversity strategies; and wider technical considerations such as the integration of the surface water drainage system. Therefore, Bourne Leisure considers that Option C9.1b is the appropriate approach for the SWLP. Stratford-on-Avon and Warwick District Councils might consider preparing separate guidance outside the Statutory Development Plan, which provides ideas/suggestions on biodiversity enhancement options for applicants as an alternative to a policy requirement.
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Q-C9.1 – Please select a biodiversity option which is most appropriate for South Warwickshire In our view it is not necessary for the SWLP to include a policy requiring new developments to incorporate measures to increase biodiversity. In November of this year it will be a statutory requirement for all development proposals to demonstrate 10% biodiversity net gain. As this is set out in the Act it does not need to be repeated in policy.
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Issue C7: Adapting to higher temperatures Q-C7: Please select the option which is most appropriate for South Warwickshire Option C7a – include a policy that requires new developments and changes to existing buildings to incorporate measures to adapt to higher temperatures. Option C7b – Do not include a policy that requires new developments and changes to existing buildings to incorporate measures to adapt to higher temperatures. Option C7c – None of these. 5.8 Catesby Estates submits that the Councils should not include a requirement for development to accommodate measures to adapt to higher temperatures (Option C7c). Instead, this issue should be left to Building Regulations. Issue C8: Adapting to flood and drought events Q-C8: Please select the option which is most appropriate for South Warwickshire Option C8a – Include a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to flo od and drought events Option C8b – Do not include a policy that goes beyond existing building regulations, requiring new development and changes to existing buildings to incorporate measures to adapt to floor and drought events Options C8c – None of these 5.9 Option C8b should be followed, where a policy is not included that goes beyond Building Regulations. 5.10 At present, Stratford’s Core Strategy has Policy relating to SUDs, stating that all development proposals to control and discharge 100% of runoff into SUDs , which is consistent with Policy FW2 of Warwick’s Local Plan. Whilst Stratford doesn’t currently have a policy requirement with regards water consumption, there is reference to minimising water consumption, and Warwick’s Local Plan stipulates specific requirements for water efficiency standards of 110 litres per person, per day for residential developments. 5.11 Furthermore, whilst the above presents a number of Options, wording identified within Issue C8 states that consideration could be given to decreasing the requirement to 100 litres or lower per person, per day which isn’t included within the Options. 5.12 As a result, as the two local authorities have current policies in relation to SUDs provision, and Warwick has water efficiency requirements, it would be appropriate and consistent to pursue this within the South Warwickshire Local Plan. However, any specific water efficiency requirements should be tested via evidence and viability assessments completed, to ensure the Policy is realistic, achievable and deliverable. Issue C9: Mitigating Biodiversity loss Q-C9.1: Please select the option which is most appropriate for South Warwickshire Option C9.1a – Include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity Option C9.1b – Do not include a policy requiring new development and changes to existing buildings to incorporate measures to increase biodiversity Option C9.1c – None of these 5.13 The Environmental Act 2021 sets out a requirement for developments to achieve a Biodiversity Net Gain of 10%. Consequently, there is no need for a separate policy to incorporate measures to increase biodiversity, as all developments will be subject to this statutory requirement, from November 2023. Therefore, Catesby Estates believes that Option C9.1b is the most appropriate Option. However, if the Council want to introduce a separate policy, that requires a greater figure than this, they must demonstrate evidence to show this is needed and that it has been viability tested, to ensure the policy is clearly written and is deliverable, achieving sustainable development, opposed to creating a barrier to development. 5.14 Furthermore, the Council should consider and include mitigation options within their policy, making reference to off-site delivery, if there is no other feasible or viable option on site, where it allows developers to pay a financial offsetting payment.
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Q-C4.1 – Please select the building regulations requirement option that is appropriate for South Warwickshire Option C4.1a is the most appropriate, the SWLP should not include a policy setting higher standards on renewable energy that the building regulations. The SWLP is being prepared to cover the period up to 2050. During the course of the plan period building regulations are likely to change. It is appreciated that it is highly likely that there will be at least one Local Plan review within the next 5 to 10 years, however, by the time a replacement Local Plan is in place updated building regulations could have been produced resulting in an out of date policy in the plan. In addition, any additional standards would need to be fully factored into any viability assessment work produced by the Council’s support of preparation of the SWLP. The additional costs associated with the increased building relation standards could have significant viability issues, potentially making some brownfield sites undeliverable, or causing viability issues that reduce the quantum of affordable housing provided. Whilst we fully support the concept of delivering energy efficient buildings and working towards net zero carbon buildings, the implications of making this mandatory in the plan need to be fully understood in the context of viability. Q-C9.1 – Please select a biodiversity option which is most appropriate for South Warwickshire In our view it is not necessary for the SWLP to include a policy requiring new developments to incorporate measures to increase biodiversity. In November of this year it will be a statutory requirement for all development proposals to demonstrate 10% biodiversity net gain. As this is set out in the Act it does not need to be repeated in policy.