Management of the Natural Environment Level 2 Flashcards
Tell me about your understanding of the purpose of and restrictions around AONBs.
The purpose of Areas of Outstanding Natural Beauty (AONBs) is to protect and enhance their natural beauty, while also allowing people to enjoy the countryside and considering the interests of local residents.
AONBs are protected by the Countryside and Rights of Way Act 2000 (CROW Act). Areas of Outstanding Natural Beauty (AONBs) have restrictions on development and activities that could harm their wildlife or geological features. These restrictions include:
Areas of Outstanding Natural Beauty (AONBs) have restrictions on development and activities that could harm their wildlife or geological features. These restrictions include:
Permitted development
There are limits on the size of extensions and outbuildings, and side extensions are not allowed. For example, rear extensions on detached properties can be up to 4 meters, and on other properties they can be up to 3 meters. Outbuildings more than 20 meters from the house can’t have more than 10 square meters of floor space.
Class Q permitted development
This right to convert agricultural buildings to dwellings is not available in AONBs.
Development
Development must comply with the National Planning Policy Framework and the local planning policy documents.
Activities
Activities that could affect the AONB, such as increasing visitor numbers or affecting drainage, are restricted.
Ecological surveys
These may be required to identify protected species that could be affected by development.
Environmental Impact Assessments
These may be required for some developments.
Article 4
Check if an Article 4 exists in your area, which may restrict certain items.
In November 2023, AONBs in England and Wales were rebranded as National Landscapes. However, planning documents may still refer to them as AONBs.
There are limits on the size of extensions and outbuildings, and side extensions are not allowed. For example, rear extensions on detached properties can be up to 4 meters, and on other properties they can be up to 3 meters. Outbuildings more than 20 meters from the house can’t have more than 10 square meters of floor space.
Class Q permitted development
This right to convert agricultural buildings to dwellings is not available in AONBs.
Development
Development must comply with the National Planning Policy Framework and the local planning policy documents.
Activities
Activities that could affect the AONB, such as increasing visitor numbers or affecting drainage, are restricted.
Ecological surveys
These may be required to identify protected species that could be affected by development.
Environmental Impact Assessments
These may be required for some developments.
Article 4
Check if an Article 4 exists in your area, which may restrict certain items.
In November 2023, AONBs in England and Wales were rebranded as National Landscapes. However, planning documents may still refer to them as AONBs.
Old Stairs: Why did you feel the development proposed was acceptable and how
was this confirmed.
The rules regarding utilities and Areas of Outstanding Natural Beauty (AONBs) focus on development. Since the work involved slip-lining an existing pipe without changing its size or altering the surface of the AONB, it does not constitute development. installing a new main would have constituted development. I consulted our internal environment and planning team, who concurred with this assessment. I advised my client of these findings and recommended notifying Natural England to ensure full compliance
Ancient Woodland, Tonbridge Wells
How did you identify the ancient woodland within the pipeline trajectory?
During my due diligence checks, I identified the the ancient woodland designation on Magic Maps and subsequently confirmed it with the landowner.
What was the environmental status of ancient woodland ?
The National Planning Policy Framework (NPPF) (2023) defines ancient woodland as an “irreplaceable habitat.” Paragraph 186 c) states that development causing the loss or deterioration of such habitats, including ancient woodland and veteran trees, should be refused unless there are exceptional reasons, such as infrastructure projects with clear public benefit, and a suitable compensation strategy is in place.
A minimum 15-metre buffer zone is required around ancient woodland to prevent root damage. For ancient or veteran trees, the buffer should be at least 15 times the tree’s diameter and five metres from its canopy. Buffer zones should support the wider ecological network and contribute to green infrastructure
What mitigation options did you propose to avoid the ancient woodland?
I proposed two primary options: either using Horizontal Directional Drilling (HDD) at a substantial depth beneath the woodland or rerouting the pipeline to avoid the woods and the 15m buffer zones, instead of using an open cut method. While HDD would have been more costly and required additional intrusive geological surveys to confirm suitability, rerouting the pipeline was a simpler and more practical solution.
I advised my client of the relevant buffer zones surrounding ancient woodlands and the additional surveys required.
How have you interpreted and filtered advice?
Do you know what measures you would have had to do to intersect with ancient woodland?
The National Planning Policy Framework (NPPF) (2023) defines ancient woodland as an “irreplaceable habitat.” Paragraph 186 c) states that development causing the loss or deterioration of such habitats, including ancient woodland and veteran trees, should be refused unless there are exceptional reasons, such as infrastructure projects with clear public benefit, and a suitable compensation strategy is in place.
A minimum 15-metre buffer zone is required around ancient woodland to prevent root damage. For ancient or veteran trees, the buffer should be at least 15 times the tree’s diameter and five metres from its canopy. Buffer zones should support the wider ecological network and contribute to green infrastructure
What are the legal requirements for biodiversity net gain?
Biodiversity Net Gain (BNG) became a mandatory planning requirement in England in 2024 to address habitat loss on development sites. Key points include:
10% biodiversity increase: Developers must enhance biodiversity by at least 10% from the pre-development state.
Biodiversity units: A metric calculates biodiversity value based on site size, ecology, and location.
Biodiversity gain plan: Developers must submit a plan with the application detailing how gains will be achieved and maintained for 30 years.
Location: Gains can be on-site, off-site, or via biodiversity credits.
Enforcement: Local authorities enforce BNG, with a National Register tracking sites and management.
Benefits: BNG improves community wellbeing, quality of life, and corporate social responsibility.
Exemptions from BNG include:
Householder applications: Small-scale residential applications are exempt.
Self-build and custom-build sites: These developments are not subject to BNG requirements.
De minimis exemption: Applies if less than 25 square meters of non-zero distinctiveness habitat or less than 5 square meters of hedgerow is affected, and no priority habitat is impacted.
High-speed rail network: Developments related to the high-speed railway transport network are exempt.
Urgent Crown developments: Projects primarily undertaken to meet BNG conditions for another development are exempt.
BNG is part of the Environment Act 2021 and applies to most new developments.
How did you establish the relevant biodiversity net gain requirements?
To establish the relevant Biodiversity Net Gain (BNG) requirements, we followed a structured process:
Red Line Boundary Area Assessment: We mapped out the project’s boundaries to define the development site.
Baseline Biodiversity Evaluation: Using the BNG metric tool, we assessed biodiversity units by gathering data on existing habitats, including their type, size, condition, and strategic importance through ecological surveys.
Impact Assessment: We calculated the potential biodiversity loss by evaluating how the proposed development would affect the site’s biodiversity value.
What sort of things are you including with the Heads of Terms for section 106
Parties Landowners, council, gain site operators
Plan of land
Covenant period 30 years
Legal Basis
Disputes
gains site operators covenants etc
Confirm your advice to the client on the proposed method of delivery and why it was best.
I recommend my client work with the council to secure a Section 106 agreement over a conservation covenant for Biodiversity Net Gain (BNG) compliance because s.106 is a well-established and familiar mechanism for developers and Local Planning Authorities (LPAs). It provides clear, enforceable obligations, whereas conservation covenants are new, untested, and rely on responsible bodies, which are currently limited (only 6) . Until conservation covenants become more reliable with established responsible bodies, s.106 offers more certainty and legal clarity. I advised my client that there were less risks involved.
Why was the head row clearance required.
To upgrade and replace the existing debris screen, exiting access was through a residential property on foot and would not be suitable for the works.
What were the main environmental considerations relating to this?
Breeding Birds - 1st March- 31st may
“The Wildlife and Countryside Act 1981 makes it an offence to intentionally kill, injure or disturb a protected species or intentionally or recklessly damage any place a protected species uses for shelter or protection, including during the breeding or nesting seasons.
Habitat loss- ecology etc.
ecologists attend to ensure not extra things are needed
What consents if any were required to remove the hedgerow
The hedgerow in question did not exhibit any characteristics of a protected hedge, such as significant location, length, or ecological importance. Additionally, it was under 30 years old and would be reinstated using a hedge box upon completion. Consequently, I advised my client that it was unlikely to require permission from the Local Planning Authority (LPA) under the Hedgerow Regulations 1997. However, I recommended discussing our proposals with the LPA in advance to confirm this.
How did you advise your client to minimise environmental impact?
Ecological survey before hand
removing minimal sections
reinstating with the same species and blackthorn Hawthorne etc
