Agenda item

Councillor Janice Henwood posed a number of questions to the Officers in relation Item 6: Site Allocations Development Plan Document - Regulation 19.

 

Question 1 from Councillor Henwood:

 

Sussex Biodiversity Records Centre have verified that the following (- not excluding many other species of animals) found on SA 13, are protected by International or National legislation:

7 species of bats,

5 species amphibians,

2 species of butterflies & moths,

3 species of reptiles

8 species of Birds

 

Question - What measures will be taken to ensure suitable habitats will be provided for these listed animals and the many others who inhabit these sites?

 

Response of Councillor Neville Walker

Chairman of Scrutiny for Housing, Planning and Economic Growth

 

The Government’s National Planning Policy Framework (NPPF) is clear that development in the most environmentally sensitive locations should be avoided and specifically requires development plans to identify and safeguard the hierarchy of international, national and local designated sites of importance.  The hierarchy of sites includes Sites of Special Scientific Interest, Sites of Nature Conservation Importance (now known as Local Wildlife Sites), Local Nature Reserves and Ancient Woodlands. The Council’s Site Selection Criteria mirrors this process.

 

Site SA13 is not covered by any designated sites of importance.

 

The Draft Submission Site Allocations DPD makes clear the need to ensure biodiversity is given due consideration and protection when developing proposals for allocated sites.  These policies are in addition to the protection provided by District Plan Policies DP37 and DP38.  Together these policies seek to protect biodiversity and require development to undertake habitats and species surveys; apply the mitigation hierarchy (avoid, minimise, compensate); take opportunities to conserve and enhance biodiversity; and protect and enhance green infrastructure.

 

 

Question 2 from Councillor Henwood:

 

SA13 represents an historic field system, over 150 years old.  Eleven species of grasses have been identified as on the Nature Red List.

 

Question: -What measures will be taken to ensure that this valuable meadow is not destroyed?

 

Response of Councillor Neville Walker

Chairman of Scrutiny for Housing, Planning and Economic Growth

 

The Planning Inspector stated in his report into the District Plan Examination (Paragraph 49) that “meeting the housing needs of an area is a core planning principle in the NPPF, and in Mid Sussex this will entail development on greenfield land”.  Therefore, there is no in principle mandate against allocation of greenfield sites for development including housing.

 

In fact, most new housing development in Mid Sussex is on greenfields.

 

Site SA13 is not covered by any designated sites of importance.

 

 

Question 3 from Councillor Henwood:

 

In 2004, 2007, 2013, 2016 Assessments were made that these sites were not suitable for development.

 

What measures have taken place to now deem them suitable for development?

 

Response of Councillor Neville Walker

Chairman of Scrutiny for Housing, Planning and Economic Growth

 

The Government’s NPPF determines how development is assessed.  The site selection criteria are based on the revised NPPF and best practice set out in the government’s Planning Practice Guidance.  The purpose of the criteria is to assess the suitability of sites.

 

The Council consulted widely on the draft site selection methodology and the consultation responses and proposed revised criteria were considered by Scrutiny Committee at its meeting on 13 November 2018.

 

The Site Selection Methodology is set out in the Site Selection Paper 2 which is available on the Council’s web pages.

 

The results of the application of the methodology for all sites, including SA13, are set out in Site Selection Paper 3, available on the Council’s web pages.

 

 

Question 4 from Councillor Henwood:

 

NPPF, para 17 states "recognizing the intrinsic character and beauty of the countryside" para 109 "protecting and enhancing valued landscapes"

 

MSDC

Policy DP7 -"Identify and respond to environmental, landscape and ecological constraints and deliver opportunities to enhance local biodiversity "

Policy DP12- "the countryside will be protected in recognition of its intrinsic character and beauty"

Policy DP 15 "provided that they would not be in conflict with Policy DP12

Policy DP18 "to protect valued landscapes for their visual, historic and biodiversity qualities"

Policy DP 37 " development that will damage or lead to loss of trees, woodland or hedgerows .... will not normally be permitted"

Policy DP 38 "protects existing biodiversity."

 

What justification can MSDC give to disregard the above policies?

 

Response of Councillor Neville Walker

Chairman of Scrutiny for Housing, Planning and Economic Growth

 

The Council has not disregarded the policies listed by Cllr Henwood.

 

These policies are used to determine planning applications and are not to determine the allocation of a site, this is a separate process.

 

When considering allocating sites the Council must have regard to Government national policy. The Council does not have a choice in this matter.

 

The Site Selection Methodology is a separate matter and includes criteria regarding an assessment of sites in the Area of Outstanding National Beauty (AONB); landscape capacity and suitability for sites outside of the AONB; and biodiversity and trees.