We note that if allocated, this site will result in loss of the frontage hedgerow. Local Authorities have a duty under the NERC Act 2006 and the Environment Act 2021 to have regard to the conservation and enhancement of Priority Habitats in their decision making. Hedgerows are listed as a Priority Habitat under the requirements of section 41 of the NERC Act.
Also of relevance is: National Planning Policy Framework, (NPPF), 179: ‘-To protect and enhance biodiversity and geodiversity, plans should…62 b) promote the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority species; and identify and pursue opportunities for securing measurable net gains for biodiversity.’
We recommend that clear and robust policy wording with respect to hedgerows/trees is included in this policy, such as the following: ‘The developer of the site will be required to ensure: ‘Protection of the trees and hedges on the site boundaries…’ . In exceptional circumstances only, where the developer has demonstrated that removal of any part of a hedgerow or a tree/s is absolutely unavoidable, then the policy wording should clearly set out high expectations for compensatory planting sited so that the existing ecological connectivity is not reduced. We recommend that policy wording should also require robust compensatory planting (delivering at least 10% Biodiversity Net Gain, regardless of whether the site is exempt from the mandatory national BNG requirements and also maintaining any ecological connectivity that the original habitat provided), include reference to mitigation measures and ideally reflect the updated biodiversity duty required in the 2021 Environment Act to have regard to the enhancement of biodiversity.