This is a guide to submitting an effective objection to the Supplementary Planning Document (SPD) for the Land East of Gamston and North of Tollerton. It focuses on Biodiversity and Net Gain, which is a key Material Planning Consideration.
Scroll down for the ‘How to structure your objection’ guide!
Why Biodiversity Matters
The East Midlands is one of the most nature-depleted regions in the UK, suffering catastrophic loss of habits. It is recognised action is needed to preserve what biodiversity remains. This site supports an incredibly wide range of species and habitats, including:
- Foraging and commuting routes for at least six bat species
- Otter activity along Polser Brook
- Brown hare, hedgehog, water shrew, and harvest mouse
- County-level importance for curlew and short-eared owl
- Red listed ground nesting birds including skylark
- Schedule 1 and European protected bird species
- Veteran trees and habitats of conservation concern
The Environment Act 2021 has a legal requirement for all major developments to deliver a minimum 10% Biodiversity Net Gain.
Concerns with the SPD
The SPD fails to demonstrate how the development will meet its legal obligations for biodiversity protection and net gain enhancement given:
A confirmed net loss of habitat units: The Environmental Statement for Vistry’s (already submitted) application shows a loss of 10.09 habitat units (6.58%) on this one portion of the site alone
There is no plan to offset the loss: There are no proposals for off-site compensation or habitat creation to meet the 10% biodiversity net gain requirement
The high biodiversity value of the site: Surveys show the site supports Schedule 1 protected species and habitats of County and Local importance
Veteran tree (T8) and significant trees (T9, T17): These are irreplaceable habitats which must be protected
Disturbance risks: Increased lighting, noise, and dog walking will negatively affect sensitive species which currently live on this land such as otter, curlew, and skylark
Legal non-compliance: Without a Biodiversity Net Gain Plan, the development cannot be legally approved under the Environment Act 2021
Failure to comply with Habitats Regulations 2017: No Appropriate Assessment has been undertaken for European protected species
Contradiction with Greater Nottingham Blue Green Infrastructure Strategy 2022
Ambiguity around water meadows: These are inconsistently described and may lie outside the SUE boundary, within Canal & River Trust land
10m buffer zone from canal: SPD appears to breach this requirement.
How to Structure Your Objection
Use your own words, but try to include the following elements:
1. Quote the SPD
Refer to sections that discuss biodiversity net gain, such as 3.60, p40; 4.31, p52; 4.55 p63; 4.87 p74)
2. Highlight the Gaps
Explain that the SPD lacks:
- A Biodiversity Gain Plan
- Off-site compensation proposals
- Legal compliance with the Environment Act 2021 and Habitats Regulations 2017
- Clear mapping and definition of biodiversity zones
3. Explain the Risks
Say why this matters:
Protected species and habitats may be lost
The development may be unlawful without biodiversity net gain compliance
Long-term ecological damage may occur
Contamination risks to water and soil ecosystems
4. Refer to Planning Policy and Law
Mention:
Environment Act 2021 (which states a mandatory 10% biodiversity net gain must be achieved)
Conservation of Habitats and Species Regulations 2017
Birds Directive (2009/147/EC) and Habitats Directive (92/43/EEC)
Wildlife and Countryside Act 1981 (Schedule 1 birds)
National Planning Policy Framework Paragraph 180 (conserving and enhancing biodiversity)
Rushcliffe Local Plan Policy 17 (biodiversity)
Greater Nottingham Blue Green Infrastructure Strategy 2022
5. Request Specific Changes
You could ask for:
- A legally compliant Biodiversity Gain Plan
- Off-site habitat creation proposals
- Full protection of veteran and significant trees
- A condition that no approval be granted until biodiversity net gain compliance is demonstrated
- Appropriate Assessment under Habitats Regulations
- Clarification and mapping of water meadows and blue infrastructure
- Consultation with statutory biodiversity bodies
Example Phrases for Reference
Please do adapt these into your own words:
“The SPD does not demonstrate how the development will meet the legal requirement for 10% Biodiversity Net Gain.”
“A submitted Environmental Statement already confirms a net loss of habitat units, but the SPD offers no plan to offset this.”
“The site supports protected species and habitats of County importance.”
“Without a Biodiversity Gain Plan, the development cannot be legally approved.”
“The SPD contradicts the Greater Nottingham Blue Green Infrastructure Strategy and fails to consult statutory biodiversity bodies.”
Where to Send Your Objection:
This is the email address for comments to Rushcliffe Borough Council on the SPD: localdevelopment@rushcliffe.gov.uk