Theme 1 - Core Policies 1 to 12
Cherwell Local Plan Review 2040
Chapter 3 - Theme 1: Meeting the Challenge of Climate Change and Ensuring Sustainable Development
Core Policy 1: Mitigating and Adapting to Climate Change
3.2. Climate change is the greatest long-term challenge facing society. The Council declared a Climate Emergency in July 2019 and pledged to be carbon neutral by 2030. Climate change impacts how we live now and in the future. Its impacts are already evident locally in the form of extreme weather events such as heavy rainfall and extreme temperatures. The UK’s ten hottest years on record have all been since 2002, and six of the ten wettest years have occurred since 1998.
3.3. It is estimated that the centre and south-east of the UK will experience the most extreme temperature peak rises in coming decades. At the same time, despite being an area of water stress, the catchments of the region’s major rivers (e.g. the Thames basin, which includes the River Cherwell) will be most under threat from increased flooding in winter, increasing flood risk in Banbury and some of our villages.
3.4. Cherwell’s Climate Action Framework confirms the Council’s commitment to become a carbon neutral organisation via a range of actions including reduced/cleaner travel, reduced electricity use, the addition of solar panels and retrofit of council buildings with clean heat such as heat pumps or networks.
3.5. The Framework reiterates the commitment to enable the whole district to be net zero carbon by 2030. Recognising that the Council cannot achieve this alone, it commits to work with businesses, other Oxfordshire District Councils and the County Council (via Oxfordshire’s Local Connectivity & Transport Plan, and OxLEP’s Energy Strategy). Quoting the OxLEP Energy Strategy, Cherwell’s Framework document recognises that to halve emissions by 2030, Oxfordshire needs:
- A 5x increase in solar electricity generation;
- 40% of heating to be renewable;
- New housing to meet very high energy standards;
- Retrofitting 4,000 existing homes each year to achieve C-grade Energy
- Performance Certification;
- Electric and active travel to become the new normal.
3.6. The above suite of actions was identified to realise the OxLEP Energy Strategy’s goal of halving the County’s emissions by 2030. To realise the rest of Cherwell’s goal of net zero by the same date, Cherwell would need to go proportionally further on all of the above actions, or expand the suite of actions to include more sectors and carbon sequestration as well as cutting emissions at source.
3.7. In December 2022, the Council also resolved to support the One Planet Oxfordshire shared vision and committed to review its operations and activities using the One Planet Living Framework.
3.8. In recognition of the importance of mitigating and adapting to the impacts of climate change this Local Plan is focused on achieving sustainable development, as far as this is possible.
3.9. We recognise that the Local Plan will not be able to address all climate issues alone. We will need to work alongside other stakeholders to help meet the obligations of the Climate Change Act 2008 and the legally binding targets to achieve ‘net zero’ greenhouse gas emissions by 2050.
3.10. Across Oxfordshire, there are various existing and emerging strategies to help meet these targets including the Oxfordshire Energy Strategy (2019) prepared by OxLEP and, more recently, the 2021 Pathways to a Zero-Carbon Oxfordshire (PAZCO).
3.11. Whilst we have made progress in recent years, our biggest challenges remain how to decarbonise transport, reduce reliance on fossil fuels for heating, and protect and enhance carbon stored in the natural environment. We also need to invest more in retrofitting our existing housing stock, install cleaner heating systems, and replace petrol and diesel vehicles with electric ones. Encouraging individual behavioural changes such as active travel, dietary changes and reducing our energy demand can help too.
3.12. Similarly, it is important to ensure that we adapt our buildings and the environment to the inevitable changes to our future climate.
3.13. With emissions from buildings accounting for approximately 20% of CO2 emissions in the UK there is also an increasing recognition that constructing new buildings using sustainable construction techniques is essential in addressing climate change.
Core Policy 1: Mitigating and Adapting to Climate Change
All development proposals (including new buildings, conversions and the refurbishment of existing buildings) will be required to ensure and demonstrate that development is resilient to climate change impacts and that the impact of the development on climate change is mitigated. This will include:
i. Distributing growth to the most sustainable locations as defined in this Plan;
ii. Making the most efficient use of land and buildings, having regard to the character of the locality;
iii. Delivering development that seeks to reduce the need to travel and which prioritises sustainable travel options, including active travel;
iv. Designing and delivering developments that, wherever possible, have zero carbon emissions and use resources efficiently, including water. All new residential development will be required to meet a water efficiency of no more than 110 litres/person/day mains water consumption;
v. Promoting the use of decentralised and renewable energy where appropriate;
vi. Taking account of known physical and environmental constraints when considering locations for development;
vii. Delivering developments that are designed to be resilient to climate change impacts including the use of passive solar design for heating and cooling;
viii. Minimising the risk of flooding and using sustainable drainage methods;
ix. Minimising the effects of development on the microclimate through the provision of green infrastructure, including open space, water, planting and green roofs;
x. Minimising energy demands and energy loss through design, layout, orientation, landscaping, materials and the use of technology;
xi. Using recycled and energy efficient materials, and
xii. Minimising waste and making adequate provision for the re-use and recycling of waste; and causing no deterioration and, where possible, achieving improvements in water or air quality.
Core Policy 2: Zero or Low Carbon Energy Sources
3.14. We will expect developers to consider all available zero or low-carbon energy sources so that the energy used in development causes the minimum possible carbon emissions. Options could include on-site renewable energy and low-carbon energy generation for individual buildings. Examples are solar photovoltaics, solar thermal systems and heat pumps, direct, off-grid connections to local offsite renewable energy sources such as solar farms or wind turbines, or large-scale sources of energy/heat such as a direct connection to low carbon heat networks.
3.15. Within the definition of ‘zero carbon technologies’ we will not accept speculative technologies whose transition to zero carbon relies on highly uncertain energy sectoral changes that are technically unproven at scale or whose trajectory is likely to be highly localised for the near future. Examples of technologies that would not count are:
- Hydrogen-ready’ gas boilers (unless it is demonstrated that the development site is in an area earmarked for imminent development of a green hydrogen grid);
- Fossil-fuel powered CHP, unless there is a concrete credible and funded plan to imminently transition the system to an electrical or fossil-free energy source;
- Fossil-fuel powered heat system that relies on future carbon capture technology, unless at the time of the development it is proven that this technology is available, viable and suitable within the near future at the system supplying the development.
3.16. By contrast, any highly efficient electrically powered technology would count as ‘zero carbon ready’ as there is a credible timeline for the national electricity grid’s transition to net zero carbon.
Core Policy 2: Zero or Low Carbon Energy Sources
All new dwellings and new non-residential development of 1,000m2 or more should deliver zero and low carbon energy technologies on-site to achieve onsite net zero operational carbon (regulated and unregulated energy) wherever possible. This energy demand to be met with renewable technologies should be calculated using the following methodologies:
- Regulated energy: SAP or SBEM methodologies (latest versions available);
- Unregulated energy: SAP Appendix L or BREDEM (homes) or CIBSE TM54 (non-residential buildings), and/or
- Alternatively, total energy demand may be calculated using CIBSE TM54 or the Passivhaus Planning Package.
Where full compliance is not feasible or viable proposals must:
i. Demonstrate through the energy statement that additional renewable, zero and low carbon energy technologies have been provided to the greatest extent feasible and viable, and
ii. Incorporate ‘zero carbon ready’* (as opposed to immediately providing ‘low/zero carbon’) technologies.
*This may include off site existing or planned zero, low carbon or renewable energy generation or heat network provision where there is a direct off-grid connection to the development which has capacity to serve the development.
Core Policy 3: The Energy Hierarchy and Energy Efficiency
3.17. We will use the Energy Hierarchy to assess proposals against our climate change objectives. It should inform the design, construction and operation of new buildings. The priority is to minimise energy demand, and then address how energy will be supplied and renewable technologies incorporated.
3.18. We require any calculations to use the latest SAP methodology.
3.19. Proposals should provide data that is consistent with the building performance metrics set out in the Government’s response to the Future Homes Standard consultation (January 2021) or any subsequent set of metrics required through the Building Regulations.
3.20. On all new dwellings and commercial development over 1,000m2 we will be expect the development to be tested through the most up-to-date SAP calculations to demonstrate the performance gap between design and construction. For sites of over 10 dwellings where standard house types are used, a sample of at least 20% of all dwellings (and including all house types) shall be tested.
Core Policy 3: The Energy Hierarchy and Energy Efficiency
All new development will be expected to achieve net zero carbon emissions from total operational energy use (regulated and unregulated) by incorporating measures to reduce greenhouse gas emissions in operation and minimising both annual and peak energy demand in accordance with the following energy hierarchy:
i. Be lean: use less energy and manage demand during operation;
ii. Be clean: exploit local energy resources (such as secondary heat) and supply energy efficiently and cleanly;
iii. Be green: maximise opportunities for renewable energy by producing, storing and using renewable energy on-site, and
iv. Be seen: monitor, verify and report on energy performance.
All major development proposals will be required to be supported by a detailed energy statement that demonstrates how the net zero-carbon target will be met within the framework of the energy hierarchy.
For steps i-ii. of the energy hierarchy, all new dwellings and new non-residential development of 1,000m2 or more should deliver:
v. Residential: achieve a Part L Fabric Energy Efficiency metric of no more than 15-20kWh/m2/year;
vi. Non-residential: a 19% reduction in carbon emissions compared to Part L 2013 through energy efficiency measures (fabric efficiency, efficient services and efficient energy supply).
Performance against the above targets should be using the latest version of SAP.
Where full compliance is not feasible or viable, proposals must demonstrate through the energy statement that carbon reductions to the greatest extent feasible through energy efficiency measures have been considered and incorporated.
Core Policy 4: Achieving Net Zero Carbon Development
3.21. Wherever possible, all developments should maximise opportunities for onsite electricity and heat production from solar technologies (photovoltaic and thermal) and use innovative sustainable building materials and smart technologies. This approach will reduce carbon emissions, reduce energy costs to occupants, improve energy resilience, and support the growth of green jobs.
3.22. As a minimum, energy statements, should contain the following information:
a. A calculation of the energy demand and carbon emissions covered by Building Regulations and, separately, the energy demand and carbon emissions from any other part of the development, including plant or equipment, that are not covered by the Building Regulations (i.e., the unregulated emissions), at each stage of the energy hierarchy.
b. Proposals to reduce carbon emissions and energy use beyond the respective standards set by the Building Regulations Part L 2021, through the energy efficient design of the site, buildings and services, whether it is categorised as a new build, a major refurbishment or a consequential improvement.
c. Proposals to further reduce carbon emissions through the use of zero or low emission decentralised energy where feasible.
d. Proposals to further reduce carbon emissions by maximising opportunities to produce and use renewable energy on-site.
e. Proposals to address air quality risks, where a separate air quality assessment has not been undertaken.
f. Proposals for demand-side response, specifically through installation of smart meters, minimising peak energy demand and promoting short-term energy storage, as well as consideration of smart grids and local microgrids where feasible.
g. A plan for monitoring and annual reporting (for major development) of energy demand and carbon emissions post-construction for at least five years.
h. Proposals explaining how the site has been future-proofed to achieve zero carbon on-site emissions by 2050.
i. Confirmation of offsetting arrangements, if required.
j. A whole life-cycle carbon emissions assessment, and actions to reduce lifecycle carbon emissions.
k. Analysis of the expected cost to occupants associated with the proposed energy strategy.
l. Proposals that connect to or create new heat networks should include details of the design and specification criteria and standards for their systems.
3.23. In 2021, the Government tightened building regulations on energy and carbon as a first step towards the implementation of the Future Homes Standard planned to be introduced in 2025. Homes built under the Future Homes Standard should produce 75-80% fewer carbon emissions compared with the standard set by pre-2021 building regulations, and eventually become net zero as the electricity grid continues to decarbonise (because the Future Homes Standard is designed to rule out gas boilers). The Future Homes Standard also comes with a higher standard of fabric thermal performance compared to today’s building regulations (2021). The Government’s intention is that homes built to the Future Homes Standard will not need to be retrofitted with any additional measures or technology to reach the energy and carbon performance standards that are needed as part of the UK’s overall transition to net zero carbon in 2050.
3.24. Developers will be required to perform SAP or SBEM calculations at preplanning, using design values and submitted within the planning application energy statement; and post-construction and preoccupation, using figures from the building constructed.
3.25. Calculations should be performed using the latest available version of the SAP methodology (currently SAP 10.2). If the completed building fails to meet the conditioned standard, the developer must take reasonable remediation measures. Any residual operational carbon emissions (regulated and unregulated) will be required to be offset whether identified at application stage or pre-occupation stage, unless this is demonstrated to be unviable.
3.26. To ensure the energy performance gap is minimised we recommend the use of a recognised quality assurance process that ensures the ‘as built’ performance (energy use, carbon emissions, indoor air quality, and overheating risk) matches the calculated design performance of buildings. Examples of these include BEPIT (Building Energy Performance Improvement Toolkit), the Passivhaus accreditation process and the Assured Performance Process (NEF/GHA).
Core Policy 4: Achieving Net Zero Carbon Development
All new dwellings and new non-residential development of 1,000m2 or more should achieve net zero operational regulated carbon emissions by implementing the energy hierarchy.
i. For new dwellings, a minimum 63% reduction in carbon emissions should be achieved by on-site measures (before the addition of renewable electricity measures), as compared to the baseline emission rate set by Building Regulations Part L 2021;
ii. In new non-residential buildings, at least a 35% reduction in carbon emissions through on-site measures compared to the rate set by Building Regulations 2013 (or equivalent percentage reduction on Building Regulations 2021) should be achieved before addition of renewable electricity measures;
iii. Subsequent to points (i) and (ii) above, deliver sufficient renewable energy generation to comply with Core Policy 2: Zero or Low Carbon Energy Sources;
iv. Where any residual operational carbon emissions remain (over the course of 30 years; regulated and unregulated), these should be calculated and offset to zero. Offsetting will only be considered acceptable in exceptional circumstances if it can be demonstrated that achieving net zero operational carbon development via on-site measures (and near-site renewables) is demonstrably unfeasible or unviable.
Where full compliance is not feasible or viable, proposals must demonstrate through the energy statement that carbon reductions to the greatest extent feasible have been considered in accordance with the energy hierarchy.
Core Policy 5: Carbon Offsetting
3.27. Carbon offsetting will only be acceptable where it is demonstrated that it is the only feasible and viable option available to enable necessary development to be brought forward. As such we consider offsetting to be an option of final resort. Using the most up to date Standard Assessment Procedure (SAP) or SBEM, planning applications will be required to set out in full the anticipated annual operational carbon emissions from the development for each of the 30 years after completion. The sum of this will be the amount of carbon to be offset over the 30-year building life.
3.28. Further details of how this policy will be implemented will be set out in the Council’s Developer Contributions SPD.
Core Policy 5: Carbon Offsetting
All new dwellings and new non-residential development of 1,000m2 or more that cannot achieve net zero carbon (regulated and unregulated energy uses) will be required to address any residual carbon emissions forecast over a period of 30 years, by a financial contribution to the Council’s carbon offsetting fund.
Contributions to an offsetting scheme shall be secured through Section 106 Agreements and will be required to be paid prior to the occupation of the development.
Core Policy 6: Renewable Energy
3.29. The way we produce energy has evolved with increasing renewable energy generation, particularly solar and offshore wind. There has also been a move to de-centralisation and smaller, community, renewable energy schemes are becoming more common.
3.30. Cherwell is Oxfordshire’s second largest renewable energy producer. Except for a small dip in 2019, renewable energy generation in the district has increased every year since 2015. We need to consider the land use implications of meeting future renewable energy generation requirements necessary for local and national carbon reduction targets.
3.31. We recognise the need to provide a positive framework for renewable and low carbon energy generation and also acknowledge that national policy makes clear that such schemes are no longer required to justify the need for them. However, development, including wind and solar energy developments, within the district needs to be managed carefully to maximise their potential contribution towards energy needs, whilst at the same time ensuring that the important characteristics of our environment and landscape are not unacceptably harmed.
3.32. In 2019 we commissioned a study to identify areas of potential suitability for wind energy development within the district. The study involved two key tasks, firstly, an assessment of the technical potential for wind energy within the area, and secondly, an analysis of the sensitivity of the landscape within the district to wind turbines. The Study concluded that the potential for wind generation sites within the district was very limited. We therefore do not propose to identify specific sites for commercial wind generation in this Plan.
3.33. The Study did, however, conclude that there may be scope for some limited development for turbines of less than 50 metres (to tip). Any proposals for such turbines will therefore be considered on their merits having regard to national advice, the findings of the 2019 Study, together with a site-specific assessment and design considerations.
3.34. When assessing proposals for renewable energy the cumulative impacts of existing operational consented and proposed developments will need to be considered and, if necessary, suitable mitigation measures proposed, to minimise impacts on biodiversity and landscape character, public rights of way and users, and quality. Applicants will need to demonstrate that cumulative effects do not become a significant or defining characteristic of the wider landscape. Special attention and protection will, in particular, need to be given to the landscape and biodiversity of the Cotswolds National Landscape.
3.35. Community energy has the potential to deliver significant long-term benefits to local communities including reduced energy bills and increased energy sustainability and security. Community energy can also help foster greater support and acceptance of renewable energy development. Renewable energy developments that are genuinely led by or meet the needs of local communities will be encouraged and supported. The neighbourhood planning process provides a good opportunity for the detailed consideration of such community energy schemes.
Core Policy 6: Renewable Energy
The Council supports renewable and low-carbon energy provisions providing any adverse impacts can be addressed satisfactorily.
Planning applications involving renewable energy development will be encouraged provided that any adverse impacts can be addressed satisfactorily, including cumulative impact, on the following issues, which are considered to be of particular local significance in Cherwell:
i. Landscape and biodiversity including designations, protected habitats and species, and Conservation Target Areas;
ii. Visual impacts on local landscapes;
iii. Best and most versatile agricultural land;
iv. The historic environment including designated and non-designated assets and their settings;
v. The Green Belt, particularly visual impacts on openness;
vi. Aviation activities;
vii. Public rights of way and pedestrians, cyclists and equestrians;
viii. Highways and access issues, and
ix. Residential amenity.
Core Policy 7: Sustainable Flood Risk Management
3.36. The Flood and Water Management Act 2010 assigns Local Authorities with responsibility for managing flood risk. In Cherwell, Oxfordshire County Council is the Lead Local Flood Authority (LLFA), with the District Council having an important supporting role to play as a Risk Management Authority.
3.37. The probability of flooding can be reduced through the management of land, river systems and flood defences, and the impact reduced by controlling the type of development allowed to be located in flood-risk areas.
3.38. Our Level 1 Strategic Flood Risk Assessment (SFRA) provides the framework for applying the sequential and exceptions tests in the district. The SFRA identifies and maps the risk of flooding across the district based on a range of data and taking into account the predicted climate change impacts and is a useful source of information in undertaking site-specific flood risk assessments particularly in relation to specific locations across the district. The SFRA also highlights the biodiversity opportunities associated with the use of sustainable flood risk management techniques, for example in enhancing or creating priority habitats such as grazing marsh, wet grassland, wetlands and aquatic habitats (particularly so in the Conservation Target Areas).
3.39. We are also preparing Level 2 SFRA’s to assess the level of Flood Risk for some proposed site allocations in more detail. These assessments will provide site-specific guidance for flood risk assessments, policy recommendations and Sustainable Drainage Systems (SuDS) guidance.
Core Policy 7: Sustainable Flood Risk Management
The Council will manage and reduce flood risk in the district using a sequential approach to development, and where necessary, the exceptions test in accordance with national policy and guidance and locating vulnerable development in areas at lower risk of flooding. Any residual risk will be managed taking account of the impacts of climate change. Development will only be permitted in areas of flood risk when there are no reasonably available sites in areas of lower flood risk and the benefits of the development outweigh the risks from flooding.
In addition to safeguarding floodplains from development, opportunities will be sought to restore natural river flows and floodplains, increasing their amenity and biodiversity value. Building over or culverting of watercourses should be avoided and the removal of existing culverts will be encouraged.
Existing flood defences will be protected from damaging development and where development is considered appropriate in areas protected by such defences it must allow for the maintenance and management of the defences and be designed to be resilient to flooding.
Site specific flood risk assessments will be required to accompany development proposals in the following situations:
- All development proposals located in flood zones 2 and 3;
- Development proposals of 1 hectare or more located in flood zone 1;
- Development sites located in an area known to have experienced flooding problems;
- Development sites located within 9m of any watercourse.
Flood risk assessments should assess all sources of flood risk and demonstrate that:
- There will be no increase in surface water discharge rates or volumes during storm events up to and including the 1 in 100 storm event with an allowance for climate change (the design storm event);
- Developments will not flood from surface water up to and including the design storm event or any surface water flooding beyond the 1 in 30 year storm event, up to and including the design storm event will be safely contained on site.
Development should be safe and remain operational (where necessary) and proposals should demonstrate that surface water will be managed effectively on site and that the development will not increase flood risk elsewhere, including sewer flooding.
Core Policy 8: Sustainable Drainage Systems (SuDS)
3.40. Potential flooding and pollution risks from surface water can be reduced by reducing the volume and rate of water entering the sewerage system and watercourses. Managing drainage more sustainably in this way can ensure that developments are better adapted to the predicted impacts of climate change.
3.41. SuDS seek to manage surface water as close to its source as possible, mimicking surface water flows arising from the site prior to the proposed development. Typically, this approach involves a move away from piped
systems to softer engineering solutions. Where site specific Flood Risk Assessments are required to be submitted to accompany development proposals these should be used to investigate how SuDS can be used on particular sites and to design appropriate systems.
3.42. In considering SuDS solutions, the need to protect water quality must be considered, especially where infiltration techniques are proposed. Where possible, multiple benefits including for recreation and wildlife should be delivered. Proposals must include an agreement on the future management, maintenance and replacement of the drainage structures.
3.43. Advice on SuDS and their various techniques is provided in our Level 1 SFRA.
Core Policy 8: Sustainable Drainage Systems (SuDS)
All development will be required to use sustainable drainage systems (SuDS) for the management of surface water run-off.
Where site specific Flood Risk Assessments are required in association with development proposals, they should be used to determine how SuDS can be used on particular sites and to design appropriate systems.
In considering SuDS solutions, the need to protect ground water quality and biodiversity must be taken into account, especially where infiltration techniques are proposed. Where possible, SuDS should seek to reduce flood risk, reduce pollution, and provide landscape and wildlife benefits. SuDS proposals must include an agreement on the future management, maintenance and replacement of the SuDS features. Advice should be sought from Oxfordshire County Council, the relevant lead local flood authority, including reference to the Oxfordshire Flood Toolkit.
Sustainable Drainage Systems should seek to enhance water quality and biodiversity in line with the Water Framework Directive.
Core Policy 9: Water Resources
3.44. In considering development proposals, we will seek to reduce the impact of development on the water environment, maintain water quality, ensure adequate water resources and promote sustainability in water use. Some development can also remediate contaminated land which may be having an adverse impact on controlled water and human health.
3.45. Cherwell District lies within an area of serious water stress and the Upper Cherwell area, including Banbury, has been over abstracted. We will seek to ensure that new development is located in areas where adequate water supply can be provided from existing and potential water supply infrastructure. We will also ensure that new development incorporates water efficiency measures, thereby reducing overall demand.
3.46. We will seek to protect and enhance water quality including surface water and groundwater; ensure adequate water resources, foul drainage and sewerage treatment capacity; and promote sustainable water use. Water quality will be protected and enhanced by avoiding adverse effects of development on the water environment.
3.47. In 2015, the Government updated Building Regulations Part G, introducing an ‘optional’ requirement of 110 litre/per/day for new residential development, which should be implemented through local policy where there is a clear evidential need.
Core Policy 9: Water Resources
Development proposals which would adversely affect the water quality of surface or underground water bodies, including rivers, canals, lakes and reservoirs, as a result of directly attributable factors, will not be permitted. Where it is likely that a proposal would have a significant adverse impact on water quality then a more detailed assessment will be required. The assessment should form part of the Environment Statement.
Development that has the potential to reduce water quality will not be permitted in sensitive areas, particularly those within the vicinity of drinking water supplies and those protected under the Water Environment Regulations 2017.
Water quality will be maintained and enhanced by avoiding adverse effects of development on the water environment. Development proposals which would adversely affect the water quality of surface or underground water bodies, including rivers, canals, lakes and reservoirs, as a result of directly attributable factors, will not be permitted.
Development will only be permitted where adequate water resources exist or can be provided without detriment to existing uses. Where appropriate, phasing of development will be used to enable the relevant water infrastructure to be put in place in advance of the development commencing.
New developments are required to be designed to a water efficiency standard of 110 litres/head/day (l/h/d) for new homes.
Core Policy 10: Protection of the Oxford Meadows SAC
3.48. The Oxford Meadows Special Area of Conservation (SAC) located in the southwest corner of the district. The SAC receives statutory protection under the Conservation of Habitats and Species Regulations 2017 (as amended).
3.49. It has been designated as internationally important due to the lowland hay meadow habitats it supports. The site includes vegetation communities that are potentially unique in the world (due to the influence of long-term grazing and hay-cutting). The site has been traditionally managed for several centuries and so exhibits good conservation of structure and function. It is also designated as internationally important as it supports creeping marshwort, being one of only two known sites in the UK that support this plant species. The River Thames flows through the centre of the site and the hydrological regime makes an important contribution to the integrity of the site in supporting these habitats and species.
3.50. The SAC receives groundwater supplies from the River Cherwell and the River Thames (and their catchments). Alteration to adjacent rivers or obstruction of natural groundwater flows may alter the flooding regime of the SAC and lead to a degradation of the internationally important habitats and biodiversity that it supports. However, the current groundwater recharge could be maintained using Sustainable Drainage Systems, including porous surfacing, which maintains infiltration of groundwater without exacerbating flood risk.
3.51. If new development is situated next to watercourses that flow into the River Thames upstream of the SAC, it is possible that there could be a decrease in water quality flowing through the SAC during the construction and the operation of the development. This could potentially alter or prevent the nutrient enrichment of the habitats and species that the SAC supports, leading to degradation or loss.
3.52. Our aim is to prevent any obstruction of groundwater flows and to preserve water quality, to maintain the stability of the hydrological regime within the SAC and therefore its integrity as a site of international importance.
Core Policy 10: Protection of the Oxford Meadows SAC
Developers will be required to demonstrate that:
i. During construction of the development there will be no adverse effects on the water quality or quantity of any adjacent or nearby watercourses;
ii. During operation of the development any run-off of water into adjacent or surrounding watercourses will meet Environmental Quality Standards (and where necessary oil interceptors, silt traps and Sustainable Drainage Systems will be included);
iii. New developments will not significantly alter groundwater flows and hydrological regime of the Oxford Meadows SAC is maintained in terms of water quantity and quality, and
iv. Run-off rates of surface water from the development will be maintained at greenfield rates.
Core Policy 11: Protection and Enhancement of Biodiversity
3.53. Cherwell has a number of areas of high ecological value including sites of international and national importance. The district is home to many legally protected species as well as priority species and habitats. Much of this biodiversity resource is mapped by the Thames Valley Environmental Records Centre (TVERC) and this is used as an information source by local authorities and conservation organisations. The data has also been used to identify Conservation Target Areas and the emerging Nature Recovery Networks across Oxfordshire. Wild Oxfordshire’s ‘State of Nature in Oxfordshire 2017’ report highlighted the need for investment in nature and wildlife and conservation action to help recover species and habitats in the County.
3.54. Other sites of national importance include Sites of Special Scientific Interest (SSSIs) and National Nature Reserves (NNRs). There are 18 SSSI’s wholly or partly within Cherwell covering approximately 1.1% of the district.
3.55. Sites of regional/local importance include Local Geological Sites (LGSs), Local Nature Reserves (LNRs), non-statutory nature reserves and other sites of importance for nature conservation including District Wildlife Sites (DWSs – value at a district level due to the presence of important habitats and species), ancient woodland, aged or veteran trees, and UK Biodiversity Action Plan (BAP) Priority Habitats (habitats of principal importance for the conservation of biodiversity under Section 41 of the NERC Act). Cherwell contains 13 LGSs, 4 LNRs, 89 Local Wildlife sites (completely or partly within the district), 13 proposed LWSs and proposed extensions 27 DWS’s and 37 proposed DWS’s (as of October 2022). A live list of Local Wildlife Sites and associated maps are available at https://www.tverc.org/cms/.
3.56. It is not just designated sites that are of importance to the biodiversity resource of the district. Areas adjacent to designated sites can be of value as they can form part of the overall ecological unit and may provide important linkages. Moreover, landscape features such as hedgerows, woods, trees, rivers/riverbanks, ponds and floodplains can be of importance both in urban and rural areas, and often form wildlife corridors and stepping stones. Similarly, it is not just greenfield sites that can be of value; previously developed land can also make an important contribution to biodiversity. Some development can remediate contaminated land that may be having an adverse impact on ecology.
3.57. It is important that any features of value are identified early in the planning process so that adequate measures can be taken to secure their protection. Developers will be expected to incorporate and enhance such features within a site wherever possible and adequate measures should be taken to protect them from damage during construction. Networks of habitats including trees will be protected from development and where possible strengthened by it.
3.58. This Plan seeks to create a net gain legacy, in perpetuity. There are a number of features which can be incorporated into developments to encourage biodiversity including green and brown roofs, green walls, SUDs, using native and locally characteristic species in landscaping schemes, using landscaping to link up existing areas supporting biodiversity, and including features such as bird and bat boxes. Further guidance on incorporating features into residential development to encourage biodiversity can be found in the Cherwell Residential Design Guide SPD and BBOWT’s “Homes for People, Homes for Wildlife” which was endorsed by the Council in 2018.
3.59. Relevant habitat and species surveys and associated reports will be required to accompany planning applications which may affect a site of known biodiversity value or the biodiversity/natural environment of the local area. A biodiversity survey and report will also be required where it is likely that previously unrecorded biodiversity interest may be present which, could be affected by the development. All developments around Bicester will require surveys carried out for the brown hairstreak butterfly. Surveys should include consideration of the site’s value as a wildlife corridor and the contribution it makes to ecological networks. In addition to identifying biodiversity impacts, biodiversity surveys and reports should identify opportunities to deliver biodiversity enhancements.
3.60. The emerging Nature Recovery Network (NRN) reflects the hierarchy of sites, identifying three zones:
- Core zone comprising the most important sites for biodiversity including all nationally and locally designated sites, nature reserves, priority habitats and ancient woodland. The focus is to protect and manage these important sites to support the greatest amount of biodiversity and ecosystem services, restore them to favourable condition, and avoid habitat damage to or increase fragmentation;
- Recovery zone comprising Conservation Target Areas, (CTAs) important freshwater areas, areas to provide improved habitat connectivity and linkages to buffer and connect core sites or provide stepping stones between them. New development will be expected to contribute to the target habitats and species of the CTAs and specific projects identified in Nature Recovery Plans and Projects, and
- Wider landscape zone comprising the remainder of the district, where the focus is on strengthening the character of the landscape, including agricultural and urban landscapes, and making nature accessible, including restoration or creation of hedgerows and other landscape features, managing farmland or improving access to the countryside.
Core Policy 11: Protection and Enhancement of Biodiversity
All new development proposals will be expected to make a positive contribution to Cherwell’s nature recovery through the protection, restoration and expansion of protected sites, habitats and species. Facilitating their adaptation to climate change and improving connections between wildlife corridors and protected sites at a landscape scale, in line with the hierarchy of designations set out in legislation and the NRN zones:
i. Development which is likely to have an adverse effect on the integrity of a Special Area of Conservation (SAC), Special Protection Area (SPA) and/or Ramsar site will not be permitted*;
ii. Development which is likely to have a significant adverse impact on nationally important sites, namely Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNRs), will not be permitted unless the benefits of the development clearly outweigh the harm it would cause to the site and the wider national network of SSSIs and NNRs and the loss can be mitigated to achieve a net gain in biodiversity/geodiversity, and
iii. Development which would result in damage to or loss of a site of biodiversity or geological value of regional or local importance, in addition to irreplaceable habits such as ancient woodland, and aged or veteran trees, will not be permitted unless the benefits of the development clearly outweigh the harm it would cause to the site.
Any development with the potential to impact on a SAC, SPA and/or Ramsar site within the district will be subject to Habitats Regulations Assessment and will not be permitted unless it can be demonstrated that there will be no adverse effects on the integrity of the international site, either alone or in combination with other plans and projects, or that effects can be mitigated to avoid any effect on integrity.
Development that would compromise the favourable condition or make it less likely that a favourable condition can be reached, of a SSSI, will only be permitted if the need for and the public benefits of the proposed development outweigh the loss.
Development proposals will be expected to incorporate features to enhance biodiversity such as green and brown roofs, green walls, Sustainable Drainage Systems (SuDS), soft landscaping and nest boxes, in addition to retaining and where possible enhancing existing features of nature conservation value within the site. Existing ecological networks including those identified in the Green and Blue Infrastructure Strategy should be maintained to avoid habitat fragmentation and ensure habitat connectivity.
Relevant habitat and species surveys proportionate to the nature and scale of development proposed will be required to accompany planning applications that may affect a site, habitat or species of known or potential ecological value.
Where, having followed the mitigation hierarchy, there is an unavoidable requirement for offsite biodiversity compensation to offset any harm as a result of the development, this should be proportionate in scale to the proposed development.
Planning conditions/obligations will be used to help deliver the Conservation Target Areas habitat and species targets and the wider Nature Recovery Network where appropriate.
Any new development will be required to secure the long-term management and monitoring of biodiversity features created on-site and those created off-site to compensate for development impacts, through a Biodiversity Improvement and Management Plan.
*Unless it meets the relevant subsequent legal tests (Imperative Reasons of Overriding Public Interest and No Alternatives) and provides adequate compensation.
Core Policy 12: Biodiversity Net Gain
3.61. Under the Environment Act 2021, all planning permissions granted in England (with a few exemptions) will have to deliver at least 10% Biodiversity Net Gain (BNG) from November 2023. BNG will be measured using Defra’s biodiversity metric and habitats will need to be secured for at least 30 years.
3.62. In line with the requirements of the Environment Act, the Council will expect all development proposals to demonstrate a minimum 10% increase in BNG and will encourage applications to consider achieving higher net gains.
3.63. Development proposals will need to be supported by a statement outlining how BNG has been addressed.
3.64. Other biodiversity principles also need to be considered alongside BNG that does not replace existing protections and does not apply to irreplaceable habitat.
3.65. In assessing BNG the Council will firstly consider proposals against the ‘mitigation hierarchy’ as illustrated by Figure 1.
Figure 1: Biodiversity Mitigation Hierarchy
Compensate (least desirable): Offset/compensate: Compensate for any loss by conserving other area for biodiversity (priority for on-site)
Mitigate: Remediate / Restore: Restore biodiversity to pre-development state to reduce residual impacts
Minimise: Minimise negative impacts that cannot be avoided by reducing their intensity, duration or extent
Avoid: Most desirable: Creating impacts through careful consideration of siting and layouts at the early stage of the proposal
3.66. Net gain is additional to the hierarchy and will only be applied once the impacts of the development on biodiversity have been avoided, mitigated and compensated.
3.67. The net gain mitigation hierarchy takes the following approach:
- Avoid or reduce biodiversity impacts through site selection and layout;
- Enhance and restore biodiversity on-site;
- Create or enhance off-site habitats (either on other land which the developer owns, agreements with other landowners, or through the purchase of biodiversity units from third party habitat banks), and
- Use national statutory biodiversity credits (as a last resort where there is no viable local alternative).
3.68. Where off-site delivery of BNG is required, this should take place as close as possible to the development site, focused on opportunities identified in the Green and Blue Infrastructure Strategy or within the core or recovery zone of the NRN, with measures put in place to ensure biodiversity net gain is maintained long term.
Core Policy 12: Biodiversity Net Gain
Development will be required to demonstrate a minimum of 10% net gain in biodiversity (measured using the DEFRA biodiversity metric 3.1 or successor) by protecting and enhancing sites of biodiversity value or geological value and soils, in addition to recognising the wider benefits from natural capital and ecosystem services. At least 20% biodiversity net gain will be sought in the Nature Recovery Network Core and Recovery zones, and new urban extensions will be required to achieve 20% biodiversity net gain.
All major applications should be accompanied by a Biodiversity Net Gain Assessment and Ecological Enhancement Scheme, setting out how the site will be improved and maintained over a thirty-year period.
Delivery of biodiversity net gain should follow the mitigation hierarchy with gains delivered on site as first preference.
Where the required delivery of biodiversity net gain is not possible on-site, gain should be delivered as close as possible on projects identified in the Green and Blue Infrastructure Strategy or within the core zone or recovery zone of the Nature Recovery Network, where they can secure the greatest benefits to Oxfordshire’s wildlife and ecosystems.
Question 7: Should we seek more than 10% biodiversity net gain if this means sacrificing other requirements?