Natural Environment

Policy POSP5: Biodiversity

  1. All developments will be planned around the protection and enhancement of nature.
  2. Development will:
    1. protect the value and integrity of nature conservation interest and objectives of international, national and local (such as County Wildlife Sites and Local Nature Reserves) nature conservation designations;
    2. protect against the loss of Section 41 habitats and species;
    3. provide biodiversity net gains in line with local and/or national policy and/or through providing biodiversity enhancements (particularly where net gain is not required), paying attention to habitats and species including the Broads core habitat within wider ecological networks and habitat corridors, especially linking fragmented habitats;
    4. contribute to the delivery of the Local Nature Recovery Strategy and Broads Biodiversity and Water Strategy[59];
    5. mitigate any likely significant impacts on the natural environment;
    6. contribute towards creating and managing habitat for wildlife to enhance the urban and rural environment;
    7. incorporate biodiversity features within/ as part of buildings/development proposals. This should be thought about at an early stage and suitably designed with sympathetic/ high quality materials that will last; and
    8. address biosecurity and non-native species as appropriate.

Reasoned Justification

The Broads is a biodiversity resource of international importance, recognised by local, national, and international conservation designations. Despite this, the ecosystems of the Broads are under considerable pressure. Climate change, water quality, habitat fragmentation, non-native species, and scrub encroachment all pose threats to local biodiversity, as do demands for higher levels of food production, water, waste disposal, infrastructure, and small-scale developments.

Sites subject to national designations are accorded a high degree of protection under national legislation, with the objective to conserve these resources. The Local Plan policies reiterate this level of protection.

Additional protection is given to features accorded statutory designation under European legislation, transposed into UK Law following the UK leaving the EU – referred to in this Plan as Habitat Sites. On such sites, no development that would harm those features for which the site is designated will be permitted, other than in the most exceptional circumstances where there is no alternative solution, where there are imperative reasons of over-riding public interest, and where appropriate compensatory measures are provided. Indeed, there are particular issues identified in parts of Norfolk and Suffolk that require mitigation of nutrient enrichment and recreational impact arising from development. This is discussed in more detail later in this section. Potentially damaging development might be better located outside the Broads Authority Executive Area.

The identification, promotion and creation of ecological networks will help to re-establish vulnerable species and habitats to more viable population levels and enable them to adapt better to change in the medium and longer-term. Habitat corridors and the management that goes on within them are vital for the migration and dispersal of species and help to maintain and enhance biodiversity. In the light of current and future climate change, the role of habitat corridors is likely to become more valuable as species adjust their ranges to accommodate for changing climatic conditions. The Norfolk County-wide ecological network work[60] will be used to inform the design of proposals where relevant.

While it is essential that development does not adversely affect the wildlife value, it also provides opportunities for enhancement, and it is important these are embraced to increase the value of the resource over time. Even improvements through small-scale developments in the Broads can support biodiversity targets. Relevant schemes will need to provide Biodiversity Net Gain of 10% when the Regulations come into effect in January 2024 for larger schemes and April 2024 for smaller schemes; this is discussed in more detail later in this section. It is noted that whilst BNG does not apply to all development types, there will nonetheless be the opportunities for most types of development to provide biodiversity enhancements. Therefore, in all relevant development proposals, not only will assessments of ecological impacts will be sought, but so too will opportunities for enhancement, with particular attention paid to Section 41 priority habitats and species. The Authority has adopted a Biodiversity Enhancements Guide.

Development is expected to use the location, type and design of open spaces to improve the connectivity of wildlife habitats in the wider area, including the potential to link to habitats that may be created through future adjacent development. Open spaces should be designed to include a range of habitats which are suitable to the setting and climate of the site. Include habitat creation in the design of buildings, including car and cycle storage and parking structures, such as green roofs, climbing plants on walls, integral bird and bat boxes, and insect habitats. Fencing and walls should be designed to allow for movement of small mammals such as hedgehogs and avoid the installation of green features which require extensive or specialist maintenance.

By increasing biodiversity in the Broads, the value and beauty of the area will increase, and ecological populations will be strengthened and be better able to maintain viable communities.

Policy PODM10 on Green Infrastructure is also of relevance and so too are the Waveney Green Infrastructure Study, the Broads Integrated Access Strategy and Norfolk Strategic Planning Framework Ecological Networks Study as well as future guidance on ecological networks.

Reasonable alternative options

The original policy, with no amendments.

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Keep original policy: 2 positives. 0 negatives. 0 ? Overall, positive.

B: Preferred Option - amend policy: 2 positives. 0 negatives. 0 ?

C: No policy: 0 positives. 0 negatives. 2 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and schemes are in general conformity with the policies.

Why have the alternative options been discounted?

Given the wildlife in the Broads, a policy is required to ensure biodiversity is protected, recovers and is enhanced. The amendments make the policy stronger, bringing in important considerations when planning and assessing schemes.

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Policy PODM14: Natural Environment

  1. All development shall:
    1. Protect biodiversity value and minimise the fragmentation of habitats;
    2. Maximise opportunities for restoration and enhancement of natural habitats;
    3. Incorporate beneficial biodiversity and geological conservation features where appropriate which are positively managed; and
    4. Include green infrastructure where appropriate (see policy PODM10).

Habitats Sites[61]

  1. Any proposal which would adversely impact a Habitats Site will not normally be granted permission. Development should firstly avoid (through an alternative development site or avoidance on the site), then mitigate and, as a last resort compensate for adverse impacts on biodiversity and geodiversity.
  2. Where development proposals are likely to lead to a significant effect upon a Habitats Site, either alone or in-combination with other plans or projects, an appropriate assessment in compliance with the Conservation of Habitats and Species Regulations (Habitats Regulations) 2017 (as amended) will be required in order to understand the nature of effects and if mitigation is required. If it is not possible to mitigate satisfactorily for adverse impacts, the development will not be permitted. In exceptional circumstances, where there remains an adverse impact on site integrity and there are no alternative solutions, a plan or project may meet the test of Imperative Reasons of Overriding Public Interest (IROPI) under the Habitats Regulations which would then require demonstration that appropriate compensation is feasible.
  3. Policy PODM16 on Mitigating Recreation Impacts and Policy PODM17 on Mitigating Nutrient Enrichment will be of relevance.

SSSI and National Nature Reserves

  1. Development that may adversely affect the special interest of a Site of Special Scientific Interest (SSSI) (which is not also subject to an international designation), the zones of impact around SSSI or a National Nature Reserve will only be permitted in exceptional circumstances where:
    1. There is no significant harm to the features of the site;
    2. The benefits of the development clearly outweigh the impact of the development on the features of the designated site and the contribution that the designated site makes to the network of habitats and/or geological features in England; and
    3. The detrimental impact of the proposal on biodiversity interest and/or geodiversity has been minimised through the use of all practicable prevention, mitigation and compensation measures.

Local Nature Reserve, County Wildlife Site, section 41 priority habitat and/or species

  1. Development that would have an adverse impact on a Local Nature Reserve, County Wildlife Site, a section 41 priority habitat identified under the Natural Environment and Rural Communities (NERC) Act 2006, or a local site of geodiversity, including peat soils, will only be permitted in exceptional circumstances, having regard to the international, national, regional and local importance of the site in terms of its contribution to biodiversity, scientific and educational interest, geodiversity, visual amenity and recreational value.
  2. Development that would be likely to have an adverse impact on a legally protected species or section 41 priority species will only be permitted where mitigation measures are implemented to maintain the population level of the species at a favourable conservation status within its natural range. Habitat and species enhancement will be required, providing they are not at the detriment to other existing valuable habitats. Where the proposed development would adversely impact upon legally Protected Species or habitats, it must also be demonstrated that:
    1. The development is necessary for reasons of overriding public interest; and
    2. There are no satisfactory alternatives, in terms of the form of, or location for, the development, that would have a lesser impact on the species or habitats.

Proposals on previously developed/brownfield land

  1. Proposals on previously developed/brownfield land may require surveys to determine if the site has open mosaic habitat of intrinsic biodiversity value[62] .
  2. If this habitat is found on the site, the design of the scheme is required to protect and enhance these areas and/or to design appropriate compensation and off-site mitigation measures in order to secure a net gain for biodiversity[63] .

Biodiversity enhancements and wildlife friendly features

  1. All schemes are required to provide biodiversity enhancements and incorporate wildlife friendly features.
  2. Those schemes that are not required to provide BNG will be required to provide biodiversity enhancements in line with the Authority’s Biodiversity Enhancements Guide. These enhancements will be agreed with the Authority and will reflect the specifics of the site in question. They will be secured through condition on the planning permission.

Local Nature Recovery Strategies

  1. Where development is sited within or adjacent to the identified Local Nature Recovery Network it will demonstrate how the proposal will maintain and enhance the ability of the network to restore habitat and provide eco-system services in line with the Local Nature Recovery Strategy.

Schemes for land management and restoration or creation of habitat

  1. Development proposals where the principal objective is to conserve or enhance biodiversity and geodiversity interests will be supported in principle.
  2. Schemes that seek to take innovative approaches to land management will be supported.

Biosecurity and non-native species

  1. All development must employ environmental standard operating procedures for biosecurity as a minimum to protect against the spread of invasive non-native species.

Reasoned Justification

Protected sites and species

Protecting and enhancing the natural environment is a statutory purpose of the Broads Authority. The Authority also has a legal duty under the Natural Environment and Rural Communities Act 2006[64] and the Wildlife and Countryside Act 1981[65] to protect and enhance biodiversity. Development proposals will therefore be expected to consider the protection and enhancement of biodiversity from the outset. In particular, proposals should take opportunities for the restoration and enhancement of the Broads core habitat, priority habitats and species identified in the Local Nature Recovery Strategy, Broads Biodiversity Action Plan (BAP), Buglife: B-lines, Important Invertebrate areas[66]. The Broads Nature Recovery Prospectus, the Broads Biodiversity and Water Strategy and the Norfolk Ecological Network Mapping Report[67] and incorporate appropriate beneficial biodiversity conservation features.

Sites of nature conservation value will be strongly protected from development that is likely to damage the features that provide their special value.

Habitats sites

All plans and projects (including planning applications) which are not directly connected with, or necessary for, the conservation management of a Habitats Site, require consideration of whether the plan or project is likely to have significant effects on that site. Where a significant effect alone or in-combination with other plans and projects is likely, an appropriate assessment of the implications for the site, in view of the site’s conservation objectives, will be required in compliance with the Habitats Regulations.

Habitat Sites and European Offshore Marine Sites are protected under the Conservation of Habitats and Species Regulations 2017 (as amended), known as the Habitats Regulations.  In addition, sites listed under Paragraph 187 of the National Planning Policy Framework (NPPF), which include wetlands of international importance (Ramsar sites), are protected by Government policy and subject to the same level of protection as sites of European importance.  Together these sites are referred to as Habitats sites (as defined NPPF Glossary).

Where an adverse effect on a Habitat Site’s integrity cannot be ruled out, and where there are no alternative solutions, the plan or project can only proceed if there are imperative reasons of over-riding public interest (IROPI) and if the necessary compensatory measures can be secured. Given the rigour of these tests, the presumption is that plans or projects that could have an adverse impact upon Habitats Sites would not be approved. In practice, plans and projects which meet the test of IROPI are extremely rare and very unlikely to fall under the Authorities remit for decision making.

Protected species and surveys

Where protected species are likely to occur, development proposals should be accompanied by a protected species survey undertaken by a competent, independent and suitably qualified ecologist and submitted with an application. The survey should include an appraisal and appropriate survey evidence of the likelihood and level of presence of the protected species and provide sufficient information to assess the effects of the development on the species, together with any proposed prevention, mitigation or compensation measures. A key test will be whether the viability of the species or habitat would be maintained at this site for the foreseeable future.

Development that may have a damaging or negative impact upon a Site of Special Scientific Interest (SSSI), National Nature Reserve (NNR), Local Nature Reserve, County Wildlife Site, habitat identified in the UK, Norfolk or Suffolk Biodiversity Action Plan or local site of geodiversity must be accompanied by a suitable environmental assessment that identifies the impact of the development on the site and proposes mitigation measures that would be incorporated to minimise any impact. Natural England must provide approval for any unconsented operations within an SSSI or NNR.

Section 41 species/habitat

Where development is likely to have an adverse impact upon a species not protected by the Habitats Regulations, and in particular where that species is identified on the UK priority species list (section 41 of the Natural Environment and Rural Communities Act 2006) , there will be an expectation that the development proposal will be accompanied by an impact study commensurate with the scale of the impact and the importance of the species, and that mitigation and compensation measures are considered under an appropriate decision making hierarchy. Developers are expected to consult Natural England to ensure relevant wildlife licences are in place, where required.

Local Nature Recovery Strategy

Norfolk County Council and Suffolk County Council have been formally appointed by Government as responsible authorities for preparing a Local Nature Recovery Strategy for their respective counties. This means that they will be working together to help improve wildlife habitats and reverse the decline of biodiversity across the region, working with local communities to develop a tailored nature recovery strategy for their areas. They will also work with other local planning authorities, the Broads Authority, Natural England, and a wide range of stakeholders and partners, including farming and landowner groups. The Strategies will focus on how to improve habitats and protect the natural environment across the region, with local approaches tailored to the specific circumstances of each area. Applications will be required to address the requirements of the Local Nature Recovery Strategy.

Biodiversity enhancements and wildlife friendly features

Existing and future developments can provide habitat for species such as bats and birds. The policy requires development schemes to be wildlife friendly through such measures as:

  • Expecting, as the norm, planting of native species;
  • Incorporation of wild and non-manicured spaces in development.
  • Avoidance of hard surfacing.
  • Incorporation of wildlife friendly features such as – bird and bee houses built into the fabric of buildings and hedgehog tunnels. In particular, an average of at least one integral bird box per residential unit should be incorporated in the fabric of all new housing developments, with flats, hotels, care/nursing homes, commercial and public buildings considered on a case-by-case basis.

The Authority has produced a Biodiversity Enhancements guide[68] to help applicants provide beneficial biodiversity features. Biodiversity in new housing developments | NHBC might also be of relevance.

Non-native species and Biosecurity

Non-native species that are invasive can pose a serious threat to biodiversity. They can compete with native species for limited resources, alter habitats and cause extinctions, reducing biodiversity and causing environmental and/or economic harm. Invasive species can be spread by numerous pathways and are often introduced by human activities. To limit the potential introduction and spread of invasive non-native species, all developments are expected to follow stringent biosecurity guidance. There is guidance on our website that will be of relevance.

Geodiversity

Geodiversity is the variety of rocks, fossils, minerals, landforms and soils, along with the natural processes that shape the landscape that forms the earth heritage resource. There are no designated Local Sites of geodiversity interest (RIGS, County Geodiversity Sites, County Geosites) in the Broads area. There are however, two SSSIs designated for their geodiversity features: Bramerton Pits for their Norwich Crag exposures and Winterton-Horsey Dunes for their coastal dunes. The geodiversity of the Broads area may be summarised as ‘Holocene peatland and marine alluvium giving rise to open water, fen and carr habitats; broads developed in former early Mediaeval peat diggings; rivers including lower reaches of Bure, Waveney and Yare and their tributaries including Ant, Chet and Thurne. There are also significant exposures of early and middle Pleistocene marine and glacial sediments'[69] .’ New development has the potential to result in the loss of geodiversity, including the valuable biodiversity and carbon stores supported by peat soils (see Policy PODM11), through operations such as landfill, destruction of geomorphology (landform) and mineral extraction. However, there is also potential to enhance geodiversity by recording sediments exposed during development and by the retention of geological sections. The Authority will make sure development is managed to protect this important asset. Please see the policies on soils and peat.

Brownfield Sites

Brownfield Sites (Previously Developed Land[70] ) can be havens for wildlife, supporting some of the UK’s most threatened species. Brownfield sites are listed as a Priority Habitat in Section 41 of the Natural Environment and Rural Communities Act 2006 (NERC Act), as ‘open mosaic habitat on previously developed land’. These habitats can be extremely diverse, supporting a wide range of terrestrial and aquatic habitats.

The policy’s requirement for a survey in relation to brownfield/previously developed land must be undertaken by a competent ecologist and submitted with an application. This is not about preventing development on brownfield land, but to make sure development considers the potential habitat and takes it into consideration in its design and delivery. It is not at the expense of other habitats and recognises that most development in the Broads is on brownfield land.

Planning conditions

Wherever a proposed development may have an adverse impact on biodiversity or geodiversity, conditions and/or planning obligations will be used to ensure that appropriate mitigation and enhancement measures are implemented. Planning conditions or legal agreements may be used in relation to BNG and Nutrient Neutrality. See policy PODM59.

Green Infrastructure and Ecological Networks

Policy on Green Infrastructure is of relevance and so too are the various Green Infrastructure studies of our Districts the Broads Integrated Access Strategy and Norfolk Strategic Planning Framework Ecological Networks Study as well as future guidance on ecological networks (as well as the Local Nature Recovery Strategy – see previous).

Reasonable alternative options

The original policy, with no amendments.

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Keep original policy: 2 positives. 0 negatives. 0 ? Overall, positive.

B: Preferred Option - amend policy: 2 positives. 0 negatives. 0 ? Overall, positive.

C: No policy: 0 positives. 0 negatives. 2 ?

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and schemes are in general conformity with the policies.

Why have the alternative options been discounted?

Given the wildlife in the Broads, a policy is required to ensure biodiversity is protected, recovers and is enhanced. The changes also relate to BNG, RAMS and nutrient enrichment. The amended policy is favoured.

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Policy PODM15: Biodiversity Net Gain

  1. All development types (unless meeting the criteria for an exemption) must achieve a minimum of 10% Biodiversity Net Gain (or any higher percentage mandated by national policy/legislation) over the pre-development site score as measured by the latest version of the DEFRA Biodiversity Metric (or Small Sites Metric if appropriate) or any subsequent Biodiversity Metric on the application site, secured for a 30-year period from the commencement of the development.
  2. In addition to the statutory minimum requirements, it will be expected that an application will be accompanied with the additional information included on the local validation list to ensure confidence that the BNG requirement of a development can be fulfilled.
  3. Opportunities to secure Biodiversity Net Gain on householder developments and exempted brownfield sites will be supported.
  4. Exempted developments must achieve no net loss of biodiversity. They will be required to provide biodiversity enhancements (see later).
  5. The Biodiversity Net Gain will be provided on site. Where delivered on site, habitats should be functionally linked to the wider habitat network creating coherent ecological networks.
  6. Where a proposal adequately demonstrates in the Biodiversity Gain plan that the DEFRA mitigation hierarchy has been followed and it is proven the required net gain cannot be achieved onsite within the site boundary, it must provide for the Biodiversity Offsetting of any habitat types to be lost alongside the percentage gain required in the following hierarchical manner. This will need to take into account the metric multiplier associated with provision off site:
    1. Offsite delivery: should prioritise contributing to nearby habitat recovery and creation strategies as identified within adopted mitigation strategies, strategic wildlife corridors, Local Nature Recovery Strategy and, where relevant throughout the Broads which is a core area for nature and its recovery as guided by the Broads Biodiversity and Water Strategy and the relevant District Council’s Green and Blue Infrastructure Strategy.
    2. Statutory Credits: as a last resort, and where it is agreed by the local planning authority no suitable alternatives exist, through the purchase of an appropriate amount of national biodiversity units / credits.
  7. The receptor site for any biodiversity offsetting must be in a suitable location where local climactic conditions and existing habitats suit the type of offset habitat.
  8. Biodiversity gain sites need to avoid the best and most versatile agricultural land.

Reasoned Justification

The approach to Biodiversity Net Gain (BNG) is set out in the Environment Act 2021. It has an aim to reverse the historic decline in biodiversity and leave the natural environment in a better state by making sure that any development subject to planning permission has a measurably positive impact on biodiversity.

In England, BNG is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 2021. This will require all planning permissions to be subject to a general biodiversity gain condition, unless exempt. Developers will need to demonstrate how they will bring about a minimum 10% increase in biodiversity to obtain planning permission for their projects. The necessary habitat enhancements or creation will be paid for by the developer and must be secured for 30 years via conditions, planning obligations or conservation covenants.

The introduction of BNG commences on 12th February 2024 for larger sites, and 2nd April 2024 for smaller sites.

The Authority will follow the current statutory framework and guidance with policy being consistent with these minimum requirements. The latest version of the Natural England BNG Metric (or small sites metric where appropriate) will be required for relevant planning applications.

The policy includes BNG of 10% consistent with current mandatory BNG. It also talks about some specific ways to address BNG.

There is potential to require greater than 10% BNG in the Broads and this is something that we will look into ahead of the next version of the Local Plan. Having greater than 10% would contribute to the delivery of the National Park purposes and the enhanced biodiversity duty.

The following are other intended to support and supplement mandatory requirements and guidance.

Planning applications subject to mandatory biodiversity net gain must submit a Biodiversity Gain Plan at the pre-commencement stage (although it would be encouraged to submit a draft version at application stage) as required by, and meeting the requirements of, the statutory general biodiversity gain condition. This should set out how the development will deliver BNG including: how impacts of the development on the on-site habitat have been minimised, the effects on any irreplaceable habitats, a valid fully completed statutory biodiversity metric with the post development biodiversity value on-site and off-site if relevant, how the mitigation hierarchy has been adhered to, proof of registration of off-site gains allocated to the development (and/or proof of purchase of statutory credits). Additionally, a habitat management and monitoring plan should be provided detailing how the significant post development biodiversity values of the site and any supporting off-site provision will be secured, managed, and monitored in perpetuity.

A positive proportionate contribution should be made to the ecological networks and priorities as outlined within the Local Nature Recovery Strategy and regional Nature Recovery Network[71] and for maintaining or creating local ecological networks through habitat creation, protection, enhancement, restoration and management.

The ecological assessments, together with the baseline metric must be undertaken by a suitably qualified and/or experienced ecologist and be submitted together suitable supporting information including baseline and proposed habitat mapping in a digital format with the application. The local validation checklist will outline information that the local planning authority will require at application stage to make decisions relating to BNG.

Sites where net gain is provided (on or off site) must be managed and monitored by the applicant or an appropriate body funded by the applicant for a minimum period of 30 years. Regular monitoring reports detailing the sites condition must be submitted to the council  at agreed intervals over this period.

Where there is evidence of neglect or damage to any of the habitats on development sites reducing their baseline biodiversity value, their deteriorated condition will not be taken into consideration and steps will be taken to establish the previous ecological baseline of the site in order to decide the acceptability of any development proposals.

Reasonable alternative options

  • No policy

Sustainability appraisal summary

The options of having a policy or no policy have been assessed in the SA. The following is a summary.

A: Have a policy: 2 positives. 0 negatives. 0 ? Overall, positive.

B: No policy: 0 positives. 0 negatives. 2 ?

Why have the alternative options been discounted?

Given the wildlife in the Broads, a policy is favoured to ensure BNG is as successful as possible.

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Policy PODM16: Mitigating Recreational Impacts

  1. Any development which results in a net increase in residential development and / or overnight tourism accommodation will need to put in place adequate measures to avoid and mitigate potential adverse recreational impacts on the integrity of Habitat Sites which are identified within the following strategies and Zones of Influence (ZOI):
    1. Norfolk Recreational disturbance Avoidance and Mitigation Strategy (Norfolk RAMS) – covers the whole of Norfolk.
    2. Suffolk Coast Recreation Disturbance Avoidance and Mitigation Strategy (Suffolk RAMS) - 13 km ZOI around the relevant Habitat Sites in the Suffolk Coast area.
  2. Planning permission will be granted subject to demonstrating no adverse effect on the integrity of Habitat Sites from recreational disturbance when considered alone or in-combination.
  3. Proposed adequate measures must be delivered prior to occupation of development, in perpetuity and agreed with Natural England.
  4. For development over 50 units, the provision or enhancement of adequate green infrastructure, either on the development site or nearby, to provide for the informal recreational needs of residents as an alternative to visiting the Habitat Sites is required.

Reasoned Justification

Increased recreational pressure at Habitats Sites can result in damage to habitats through erosion and compaction, troubling of grazing stock, causing changes in behaviour to animals such as birds at nesting and feeding sites, spreading invasive species, dog fouling, tree climbing etc. Typically, disturbance of habitat and species is the unintentional consequence of people’s presence which can impact distribution of habitat types and breeding success and survival. Increased development has the potential to increase recreational pressures upon Habitat Sites which are accessible to the public.

Schemes can choose to mitigate their impact in other ways, but it is likely that the easiest way to mitigate impact through recreation is to pay a RAMS tariff. The Suffolk Coast Recreation Disturbance Avoidance and Mitigation Strategy (RAMS) and the Norfolk Recreation Avoidance and Mitigation Strategy (RAMS) aim to reduce the impact of increased levels of recreational use on Habitat Sites (also often called European Sites), due to new residential development in Norfolk and the Suffolk Coast area, and to provide a simple, coordinated way for developers to deliver mitigation for their developments. The RAMS project allows for a strategic approach to mitigating the in-combination effects of development on these designated areas and allows mitigation to be delivered across the project area. At the time of writing, the Norfolk RAMS Tarriff is £210.84, and the Suffolk Coast RAMS tariff is £321.22 per dwelling within Zone B.

The following includes development which is likely to have a recreational impact where located within the relevant ZOI and therefore require mitigation. This list is not exhaustive.

  • New homes
  • Student accommodation
  • Care homes
  • Tourism attractions
  • Tourist accommodation
  • permitted development (which gives rise to new overnight accommodation) under the Town and Country Planning (General Permitted Development) (England) Order 2015
  • Any development not involving overnight accommodation, but which may have non-sewerage water quality implications.

A bespoke approach may be required for development comprising more than 50 dwellings and in more sensitive locations. This may include the requirement to provide Green Infrastructure in addition to financial contributions to RAMS. Bespoke mitigation would be subject to agreement with the Authority and Natural England. All mitigation must be in place prior to the occupation of development and delivered in perpetuity. More information can be found here: Habitat mitigation.

Reasonable alternative options

  • No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Have a policy: 3 positives. 0 negatives. 0 ? Overall, positive.

B: No policy: 0 positives. 0 negatives. 3 ?

Why have the alternative options been discounted?

Recreation impact is a proven issue and therefore a policy is prudent.

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Policy PODM17: Mitigating Nutrient Enrichment Impacts

  1. Any development proposal for overnight accommodation which is located within the catchments of the Broads Special Area of Conservation (SAC) and Broadland Ramsar site, must provide evidence to enable the Authority to conclude through a Habitats Regulations Assessment that the proposal will not increase nutrient loads, such that it will not have likely significant effects on the integrity of sites in an unfavourable condition. This can be demonstrated through nutrient neutrality.
  2. Planning permission will be granted subject to demonstrating no adverse effect on the integrity of Habitat Sites from nutrient enrichment when considered alone or in-combination.
  3. The Norfolk Nutrient Calculator[72]/Natural England Nutrient Calculator will need to be completed. If the calculator concludes an impact from nutrients, these impacts will need to be mitigated using appropriate mitigation, likely secured through a local or national mitigation scheme. The Authority may use legal agreements to ensure this mitigation is secured and in place and will be delivered.

Reasoned Justification

Alongside all other local planning authorities in Norfolk, the Broads Authority has received a letter dated 16 March 2022 from Natural England concerning nutrient pollution in the protected habitats of the Broads Special Area of Conservation (SAC) and Ramsar site. This letter advised that new development, comprising overnight accommodation, located within the catchment of these Habitats Sites has the potential to cause adverse impacts on site integrity with regard to nutrient pollution.

Nutrient pollution in rivers, lakes and estuaries has an adverse effect by causing eutrophication and algal blooms, harming delicate ecosystems and resulting in unfavourable conditions. The majority of nutrient pollution from residential properties enters waterbodies via treated discharges from wastewater treatment works (WWTW).

The policy applies to residential developments leading to overnight stays and non-residential development that, by virtue of its scale, may draw people from outside the catchments of the SACs and/or generate unusual quantities of surface water and/or (by virtue of the processes undertaken) contain unusual pollutants within surface water run-off. It only applies to certain areas of Norfolk and not, at the time of writing, any of Suffolk. It applies to development within the nutrient neutrality catchment of the Broads SAC and Broadland Ramsar.

Nutrient Neutrality is a potential way of mitigating the impact of new development on water courses. The policy ensures that relevant permissions will only be granted with necessary nutrient mitigation in place prior to occupation and in compliance with the Habitats Regulations. It requires evidence to be submitted to the local planning authority (as the competent authority) to show that on-site or off-site mitigation will be provided for relevant developments prior to their occupation.

Developments can either use the Norfolk calculator or the Natural England calculator to find out the nutrient level for a proposal. Development located within one of the SAC and Ramsar nutrient neutrality catchments or with foul drainage into one of these catchments, will need to submit one or both of the completed calculators in support of a planning application. A planning application will only be able to proceed if the proposed development is nutrient neutral; or it has identified appropriate mitigation (to make it neutral) that can be secured and delivered.

Potential mitigation measures are detailed in this report. At the time of writing, Norfolk Environmental Credits has been set up to invest in local environmental schemes which will provide nutrient neutrality mitigation and generate credits for development to demonstrate that nutrients can be offset. Part 7 of the Levelling Up and Regeneration Act (2023) places a duty on water companies discharging to affected catchment areas to upgrade their WwTW to achieve the highest technological levels for nutrient removal by 1 April 2030. In addition, the Natural England-led Nutrient Mitigation Scheme is progressing and will allow developers to purchase nutrient credits to demonstrate nutrient neutrality.

More information can be found here: Nutrient Neutrality (broads-authority.gov.uk)

Reasonable alternative options

  • No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Have a policy: 3 positives. 0 negatives. 0 ? Overall, positive.

B: No policy: 0 positives. 0 negatives. 3 ?

Why have the alternative options been discounted?

Nutrient enrichment is a proven issue and therefore a policy is prudent.

  • [59] broads-authority.gov.uk/__data/assets/pdf_file/0029/180965/broads-biodiversity-strategy-2019.pdf↑

  • [60] Green Infrastructure (norfolkbiodiversity.org) ↑

  • [61] The NPPF defines Habitats Sites as: Any site which would be included within the definition at regulation 8 of the Conservation of Habitats and Species Regulations 2017 for the purpose of those regulations, including candidate Special Areas of Conservation, Sites of Community Importance, Special Areas of Conservation, Special Protection Areas and any relevant Marine Sites.

    Para 187 of the 2023 NPPF goes on to say: 187. The following should be given the same protection as habitats sites: a) potential Special Protection Areas and possible Special Areas of Conservation; b) listed or proposed Ramsar sites64; and c) sites identified, or required, as compensatory measures for adverse effects on habitats sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites. ↑

  • [62] For more information go here https://cdn.buglife.org.uk/2020/01/Identifying-open-mosaic-habitat.pdf and here Open mosaic habitats on previously developed land (UK BAP Priority Habitat description) (jncc.gov.uk) and from the Wildlife and Countryside Link Brownfield high environmental value FINAL June 15.pdf (wcl.org.uk) ↑

  • [63] Biodiversity Net Gain: Good Practice Principles for Development. | CIEEM ↑

  • [64] Natural Environment and Rural Communities Act, 2006. Section 40 places a duty on public authorities to conserve biodiversity - for the first time. This section states that (1) Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity, and (3) Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat. This places a duty on all Local Authorities to conserve wider biodiversity in addition to the statutory protection given to certain sites and species. Also, Section 55 changes the situation regarding the Local Authority role and SSSI protection. Guidance for Local Authorities on Implementing the Biodiversity Duty has been produced by Defra. Section 41 refers to the list of the living organisms and types of habitat which in the Secretary of State’s opinion are of principal importance for the purpose of conserving biodiversity. ↑

  • [65] The legislative provisions in Great Britain for the protection of wild animals are contained primarily in the Wildlife and Countryside Act, 1981, Sections 9-12, the wild animals which are protected are listed in Schedules 5-7 of the Act and the provisions for the granting of licenses and enforcement are set out in Sections 16-27. In England and Wales, enforcement provisions were extended and some amendments for protection made by the Countryside Rights of Access Act 2000 (CRoW act) Section 81 and Schedule 12. ↑

  • [66] Important Invertebrate Areas - Buglife ↑

  • [67] The aims of the project are to make the ‘connections’ between GI and growth, providing LPAs with a deliverable approach to addressing green infrastructure matters to enable and support growth, map the green infrastructure Network of Norfolk, maximising the benefits it brings to the communities of Norfolk, to identify deficiency in GI provision and identify opportunities for enhancement. The work is being coordinated by Norfolk County Council. ↑

  • [68] Broads Authority biodiversity enhancements (broads-authority.gov.uk) ↑

  • [69] Norfolk Geodiversity Partnership - National Parks and NNRs (google.com) ↑

  • [70] The NPPF defines previously developed land as ‘land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or was last occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill, where provision for restoration has been made through development management procedures; land in built-up areas such as residential gardens, parks, recreation grounds and allotments; and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape’. ↑

  • [71] Nature Recovery Network - GOV.UK (www.gov.uk) ↑

  • [72] River Wensum SAC and Broads SAC Nutrient Budget Calculator (XLSX) - This calculator is based on the Natural England calculator, but some parts have been updated to reflect Norfolk. There is an accompanying technical report that provides more information. Developments can either use this calculator or the Natural England calculator to find out the nutrient level for your proposal. If you are located within one of the SAC Catchments or foul drain into one of those Catchments, you will need to submit one or both of the completed calculators in support of your planning application. Your planning application will only be able to proceed if the proposed development is nutrient neutral; or you have identified appropriate mitigation (to make it neutral) that can be secured and delivered. The Natural England Calculators can be found here:

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