Please find below questions we have received relating to the Environment section of the Dorset Council Local Plan options consultation, along with answers given. Please use the following links to scroll to the relevant topic.
Green infrastructure
Question
Could you explain the expectations mentioned in the webinar that developers would have to provide and also maintain the green infrastructure? What does the maintenance entail and how will it be monitored?
Answer
Green infrastructure comes in a range of types and functions as set out in Figure 3.2 of the consultation document, from more formal parks, play areas and sports pitches to, semi-natural areas and green corridors, for example. Each type is covered by a particular policy(ies). Because it is so varied the method of securing and ensuring maintenance is varied also. Some new infrastructure may be incorporated into a development and a maintenance payment secured. Depending on what it is, will determine whether the Council retains the funds and manages it or it may be more appropriate for another organisation to take on a new asset, e.g., a play area may be transferred, with maintenance funds, to a willing parish or town council. In other instances, such as Suitable Alternative Natural Greenspace there is a range of options for ownership and long-term management. Again it may be the council or a conservation organisation that becomes owner and/or manager, or the developer or landowner may retain ownership and management responsibilities. Depending on the scenario, funding for management will be secured at planning application stage and/or the council will need to be satisfied at application stage that there is finance and procedures in place. If appropriate a monitoring scheme will be put in place at the same time.
Biodiversity and ecology
Question
Good hedgerows sequester carbon more successfully than many trees. What calculations have been done of how many miles of hedgerow will be lost to 'development' in the Plan?
Answer
The Dorset Council Local Plan area is recognised for the exceptional quality and quantity of its hedgerows which contribute to enjoyment of the landscape and biodiversity. Hedgerow also represent an important carbon sink which absorb and store carbon from the atmosphere, thereby lowering the concentration of atmospheric carbon dioxide. Given the environmental importance of hedgerow, the Dorset Council Local Plan implements a series of policies to protect against the significant loss of hedgerow.
Firstly, hedgerows will be protected and enhanced through the green infrastructure network which is set out in policy ENV1. Policy ENV 2, which focuses on habitats and species, transposes the Hedgerow Regulations 1997 into the plan and ensures that impacts upon important hedgerows are avoided or compensated for through the Dorset Biodiversity Appraisal Protocol process.
The Dorset Council Local Plan ensures that applicants provide an assessment of the effects of development upon the visual qualities of the site from features including hedgerow through policy ENV 4, helping to safeguard hedgerow from loss. In addition, the policies for the allocations for development ensure that hedgerow are retained where relevant.
In light of the protection provided to hedgerow through the policies of the Dorset Council Local Plan, it is anticipated that the Dorset Local Plan will not result in an appreciable loss of hedgerow. Given that the Dorset Council Local Plan will prevent the substantial loss of hedgerow, the release of additional carbon into the atmosphere from this source is considered unlikely to occur.
The Dorset Council Local Plan is therefore in accordance with the Climate Change and Ecological Emergency Strategy which intends to prevent the loss of hedgerow, and furthermore support hedge planting through projects including the Dormouse District Licencing Project and the Dorset Wild Rivers Project which has so far restored and enhanced approximately 1,926m of hedge since 2015.
Question
Does the mitigation put in place to protect biodiversity really work?
Answer
There are different kinds of mitigation. There's mitigation for impacts on designated sites through collection of CIL and s106 monies as set out in our adopted Supplementary Planning Documents. And there’s also mitigation for impacts on protected species and priority habitats which is set out through use of the Dorset Biodiversity Appraisal Protocol.
Monitoring of the effectiveness of designated sites mitigation, for example a Suitable Alternative Natural Greenspace or other Heathland Infrastructure Project, is done by the Urban Heaths Partnership along with Footprint Ecology and we’re working with them at the moment to make sure that the policies in this draft Plan are backed up by the latest analysis of that data – in other words to make sure the mitigation is really working.
Mitigation for impacts on protected species is set out in a Biodiversity Plan or Landscape and Ecological Management Plan and these documents are conditioned under the Protocol if the development is consented. This means that the mitigation measures can be checked at an enforcement visit after the development has started. The mitigation we require from developers is all set out in various technical guidance documents which are written by experts on those species so we can be confident that if the mitigation is put in place it will work.
Question
Dorset Council looks after countryside that we all enjoy and want to hand on to our children. In 2038, as a result of the Plan, how will Dorset’s countryside be better and how will it be worse for the next generation?
Answer
This is one of the most important issues which the Local Plan should deliver on. This year has really demonstrated how important our countryside is in supporting mental and physical health and wellbeing. The Local Plan Environment Policies set out how development must avoid, mitigate and compensate for impacts on protected species and habitats, as is the case in the existing, adopted Local Plans. However, the new Local Plan goes a step further by setting out how all development must achieve measurable 10% biodiversity net gain. We’ve always striven to achieve some net gain but this new requirement (linked to the Environment Bill) means that development must leave its surroundings in a measurably better state than before. In practice this means that the council will look at providing strategic net gain sites across the County – sites where land with low biodiversity and limited public access will have new hedges, woodlands and ponds put in, with long term management to secure increased biodiversity. Big development sites are likely to provide net gain as part of new areas of greenspace alongside houses (perhaps on land which was once under agriculture with no public access) and smaller sites will either contribute within their own boundaries or by buying into the strategic sites. Creation of these sites will support and enhance the ecological network, meaning existing wildlife sites should start to function better as they are linked by new areas of habitat. We already monitor habitats and species in partnership with the Dorset Environmental Records Centre and developers will be required to carry out monitoring of net gain sites to show that the measures are working. Also, we will be producing a Local Nature Recovery Strategy for Dorset, as set out in the Environment Bill. We’re still waiting for detail on exactly what this must contain but know that it will include a habitat map and a statement of biodiversity priorities. These two documents will work together to provide a routemap to nature recovery in Dorset, helping us identify priority habitats and sites for restoration and enhancement and making sure that developers know where to provide net gain land to achieve the best results for the wider network. It is too early to say whether these measures will be enough to halt and reverse the current declines in biodiversity in Dorset but we are working together with Natural England, Dorset Wildlife Trust and others because we know that this is the way to achieve best results.
Landscape
Question
Within the Dorset Council Local plan what do we mean by ‘Landscape’?
Answer
When they hear the word ‘Landscape’ many people immediately think of the countryside and nature and the trees, fields and flowers that make it - and that is landscape. However, in planning terms landscape also includes urban areas - sometimes called ‘townscape’ and the coast and the sea sometimes called ‘seascape’. A widely accepted definition of landscape is “an area as perceived by people, whose character is the result of the action and interaction of natural and/or human factors”
So, a ‘landscape’ is a place that people recognise as being different from other places, and it’s different because of how natural processes and human actions have shaped it over time. Put simply ‘landscape’ is - the outside and everything in it.
Question
What about the landscape and climate change?
Answer
Dorset Council has declared a climate and ecological emergency and the consultation draft of the local plan aims to enable Dorset to both adapt to and mitigate the effects of climate change through the policies it contains. It’s clear that landscape has an important role to play by repairing, enhancing, and connecting Green Infrastructure and the services, recreation, and enjoyment it provides.
It’s also clear that things that may be part of the solution - such as renewable energy generation - may have impacts on the landscape which need to be carefully considered. Obviously, landscape policy has a role to play though trying to ensure that any permitted development becomes part of the solution rather than adding to the problem.
Question
Is development automatically refused if it is likely to cause harm to the landscape?
Answer
The simple answer is no, but of course it’s far more complicated than that. Fundamentally planning is about comparing the benefits of a proposed development with the harm it would cause, taking current planning policy into account, and coming to a decision. The harm that a development might cause to the landscape might be judged to be outweighed by the benefits the development would bring - in which case the development might be permitted. However, the harm that a development might cause to the landscape might be so great it is judged to outweigh the benefits the development would bring - in which case the development might be refused.
The Council’s role is to identify the harms and benefits and weigh them up in the context of current planning policy; and make a decision. The Draft Local Plan Policy sets out a landscape policy against which the impact of development on the landscape might be judged in future and as part of this consultation we’re asking people:
If they agree with the suggested approach? And if not, what changes would they suggest?
Sustainable design and environmental performance
Question
How does Dorset Council plan to encourage/force developers to implement any environmental measures in new buildings which are not required by current Building Regulations?
Answer
The draft local plan contains policies to encourage sustainable design maximising opportunities for renewable and low carbon technologies and also requirements for electric vehicle charging points. It also requires appropriate management of rainwater through SuDS which can incorporate rainwater harvesting. The following policies are relevant to these issues:
- ENV9: Achieving high levels of environmental performance;
- COM9: Provision of infrastructure for electric and other low emission vehicles;
- ENV14: Sustainable drainage systems (SuDs).
Currently local authorities have the ability to require higher standards than those set out in building regulations through local plans, however it is difficult to require specific renewable energy and other elements on all developments due to site specific issues that may prevent their inclusion. There is also the potential for such requirements to slow the delivery rate of housing resulting in the council’s ability to manage development being eroded. This would lead to a greater impact on the future sustainability of the area. In addition, the ability of development to pay for infrastructure, affordable housing etc. will be eroded hence a balance needs to be struck.
The main role of the local plan in delivering on the climate change agenda is through the location of development. Locating homes close to existing services and centres and providing for employment nearby reduces the distance people need to travel and therefore reduces transport related greenhouse gas emissions. The location and form of development can also encourage more sustainable travel modes (public transport, cycling, walking…) and less reliance on car travel.
The government are currently looking at tightening building regulations to require higher standards of environmental performance on new buildings.
Question
Will all new housing development identified within the Local Plan meet PassivHaus design standards and include solar and/or geothermal energy sources (like the emh Development in Leicester and another development in Norfolk?
Answer
We have included a set of principles for achieving ‘good design’ in section 3 of the Dorset Council Local Plan. By applying these principles, we are encouraging people to design buildings which will meet the needs of current and future occupiers. As part of this aim, we have suggested that new buildings / extensions should be designed to be highly energy efficient. We are also seeking to improve the environmental performance through a dedicated planning policy (ENV9: Achieving high levels of environmental performance). This approach complements the requirements in building regulations. We have not set specific sustainable design standards for new buildings / extensions, but we are suggesting that a recognised assessment of environmental performance (such as BREEAM Communities) should be completed in parallel with the master planning process for larger scale developments. You can respond to the draft policies and the council’s approach to this issue using the online form on the council’s website.
Question
It has been mentioned that only larger development will have environmental performance assessed. What defines 'larger'?
Answer
The review processes such as BREEAM Communities referred to in the local plan are useful tools to assess and influence the layout and design of developments at an early stage of the design process. The scale of development where this is applicable depends on the characteristics of the development site but is usually applicable to a development where a masterplan to be prepared (including new mixed-use communities and single-use developments of a significant size). Please visit this page for information on the BREEAM Technical Standards.
Question
Why can’t the plan require heat pumps and solar panels on all new houses?
Answer
Viability gets constrained by a number of factors both within climate change and other considerations in the plan- like I said affordable housing and infrastructure requirements to name a few
A further consideration is that we can’t go further than building regulations allow- building regulations do not require heat pumps and solar panels so developers might challenge this requirement if it is too strict, which may have implications for housing delivery in the area
In other circumstances it is useful to think about how there are many other considerations within planning. Solar panels, to work effectively, require orientation to the south so that they receive the most amount of light throughout the day. However this orientation may not align with other considerations in the development. A site may need to be laid out to accommodate the setting of a heritage feature, or to relate to an access, which may mean that the street layout is not optimum for solar panels, for example.
Question
Can the plan insist on the retrofitting of old houses?
Answer
The planning system cannot insist that old houses are retrofitted to reduce their environmental footprint. It is only when permission for change of use is needed or building regulations required for an operation that an old house can be brought up to recent design standards. Additional opportunities can be encouraged when the owners of existing homes have to engage with the development management or building regulations teams but work cannot be insisted on.
Where listed buildings or buildings in conservation areas are involved then there is the added complexity of making sure that improvements do not detract from the heritage value of the building. This may be covered in more detail in the webinar on 4th February which looks at heritage and landscape.
Question
When do we expect the Environment Bill to become law and developers need to meet the new requirements?
Answer
The Environment Bill is currently going through parliament and has just finished the committee stage in the House of Commons. At the same time a whole raft of secondary legislation such as Net Gain Plans, Conservation Covenants and the Biodiversity Metric are being worked on so that they are ready in time. The latest update from DEFRA and Natural England is that the Bill will become law (through an amendment of the Town and Country Planning Act) in late spring 2023 and at that point it will be a legal requirement for developers to meet the new requirements.
But it is worth mentioning that some things in the Environment Bill, such as the requirement for biodiversity net gain, are already in National Planning Policy and Guidance, as well as in our existing Local Plan Policy. Developers should still expect to include this in their applications now, but in the knowledge that from 2023 this will be set out in more detail and with a minimum net gain of 10% rather than no set target.
Also, the Environment Bill sets out the requirement for Local Nature Recovery Strategies which will include a Local Habitat Map showing where the best opportunities for habitat creation lie within Dorset. Although we won’t legally be required to have a LNRS until 2023, we already have an ecological networks map for Dorset which does a similar job and the need for development to have regard to this is already included in national and local policy.
Question
It was mentioned that the Environment Bill was going through Parliament now. Was the webinar recorded before the news that it might be shelved until the autumn? If not, does your timetable of implementation by Spring 2023 take account of the delay. If so, what are the implications? Will the Local Plan still be able to impose the expected conditions or will developers use the delay to push through less environmentally stringent proposals while they can?
Answer
The webinar was unfortunately recorded just before the news that the Environment Bill will be carried over to the next parliamentary session, so the timetable referred to in the webinar does not take account of the possible delay. The latest update is that all work on secondary legislation and processes (such as establishing the Office for Environmental Protection, publishing the final version of the DEFRA Metric for net gain and defining exactly how Local Nature Recovery Strategies will be produced following the five area pilots) is unaffected by the delay, but we will have to wait and see how the overall timetable changes. In the meantime, the draft Local Plan policies and wording are written to include the forthcoming Environment Bill legislation so that the Local Plan reflects the new legislation when it is adopted. Until the new Local Plan is adopted, development is bound by current legislation and policy, as set out in the existing, adopted Local Plans.
Flooding
Question
Do we build in flood zones?
Answer
Flood risk is one of the main environmental constraints and the Council follows what is called a sequential test, which means that it steers new development to areas with the lowest probability of flooding. The council is developing a Strategic Flood Risk Assessment Level 1 which identifies the risk of flooding from all potential sources – river, coast, surface and groundwater. The assessment will also take account of climate change by identifying those areas that are likely to be at increased risk of flooding in the future. We have ruled out proposals for residential development in Flood zones 2 and 3. When planning applications for larger sites are submitted they should be accompanied by a site specific flood risk assessment.
Question
What is the likely area of hard standing which the proposed growth in housing numbers would generate? What is the impact this would have on run off from rainfall, notwithstanding your assumptions about sustainable drainage systems? How much 'natural' water catchment would be lost through use of what are currently green spaces, and additionally the consequent loss of trees, hedges etc.?
Answer
The council has not attempted to calculate the area which would be covered with buildings/hardstanding from the planned homes described in the Dorset Council Local Plan. The built coverage linked with these further homes will depend on: the intensity of development (measured as a density of new homes per hectare), the size of buildings, the materials/design of new buildings and the extent of any hard surfaces/outbuildings around these new homes. All of these matters vary by site to reflect the sites characteristics and the character of the surrounding area. For these reasons it is not possible to accurately estimate the level of built coverage from the planned growth in the Dorset Council Local Plan.
The council expects runoff from the housing sites allocated in the local plan to be managed through Sustainable Drainage System (SuDs). SuDs will be used to limit the risks from flooding (including taking opportunities to reduce the causes and impacts of flooding). For more information on the councils SuDs policy please refer to ‘Section 3: The Environment and Climate Change’ and ‘Policy ENV14: Sustainable drainage systems (SuDs)’. Without SuDs, development has the effect of reducing water percolation into the ground and increasing the speed of any surface water runoff from a site.
As with the first question the council has not attempted to calculate the loss of natural water catchment arising from planned growth identified in the local plan for the reasons that are outlined above.
Sustainable drainage systems
Question
What is a Sustainable Urban Drainage System?
Answer
Sustainable urban drainage systems are often referred to as SuDS. These are drainage systems that are considered to be environmentally beneficial, because their installation can provide multiple benefits. Development, especially of green field sites, often involves paving over green surfaces which can impede the natural drainage processes that occur when rain falls on land and vegetation. This can lead to surface water flooding, erosion and pollution, but sustainable urban drainage systems work to combat this.
SuDS can involve green roofs, permeable paving, installation of trees, detention ponds and soakaways. These can be delivered as part of greenfield or brownfield development, providing an opportunity to help deliver sustainable development by not only reducing flooding, but also the green measures can help to provide multifunctional benefits, including climate change mitigation, enhancing green infrastructure and contributing to net gains in biodiversity.
Land Instability
Question
Why propose for housing growth in areas where you think there is land instability?
Answer
This would only happen when we are confident the areas of land instability can be avoided. The proposals ask for developers to prove housing such locations would be safe, and the council would not approve development if we were not convinced of this.