June 2022
Local Planning Authorities have the duty, by virtue of being defined as ‘competent authorities’ under the Habitats Regulations, to ensure that planning application decisions comply with the Habitats Regulations. If the requirements of the Habitats Regulations are not met and impacts (direct and indirect) on Habitats Sites are not avoided or mitigated, then development must not be permitted.
The aim of the Habitats Regulations Assessment process is to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of the National Network of sites. Regulations 9 (1) and 9 (5) of Conservation of Habitats and Species Regulations 2017 (as amended) state that nothing in these Regulations is to be construed as excluding the application of the provisions of Part 1 of the Wildlife and Countryside Act 1981 (wildlife) in relation to animals or plants also protected under Part 3, 4 or 5 of these Regulations.
The Regulations establish the process for identifying, designating and conserving Special Areas of Conservation (SACs) such as Castle Hill SAC, north of Woodingdean. Detailed guidance for development proposals which may affect SACs is provided in Part 1 of ODPM Circular 06/2005.
Where a Habitats site could be affected by a plan, such as a Local Plan, or any project, such as a new development, then Habitats Regulations Assessment screening must be undertaken.
If this cannot rule out any possible likely significant effect on a Habitats site, either alone or in combination with other plans and projects, prior to the consideration of mitigation measures, then an Appropriate Assessment must then be undertaken.
The Appropriate Assessment:
Natural England must be formally consulted on all Appropriate Assessments and no decision issued until their comments have been considered.
Where species are of international importance (listed in the Habitats Regulations as European Protected Species), they have additional protection. For any development which could impact on European Protected Species, for example demolition of a structure or works which cut into a roof where bats could be roosting, the Local Planning Authority requires certainty of likely impacts and that mitigation can be secured either by a condition of any consent or a mitigation licence from Natural England, before making a decision.
The Wildlife and Countryside Act 1981 includes Schedules of protected animals (1 and 5) and plants (Schedule 8) and invasive species (Schedule 9). Annex 3 of this SPD includes the species listed in Schedules 1, 5 and 8 of the Wildlife and Countryside Act which could occur on development sites in Brighton & Hove.
The following offences are of relevance to development control:
The Act also contains measures for preventing the establishment of non-native species which may be detrimental to native wildlife, including prohibition of the release of animals and the introduction of a plant to the wild or to otherwise cause it to grow or spread the plants listed in Schedule 9.
A species of particular concern in the Brighton and Hove context is Japanese Knotweed (Fallopia japonica / Polygonum cuspidatum). Applicants will be expected to demonstrate that they have taken all reasonable steps and exercised all due diligence to ensure Schedule 9 species are not permitted to grow as part of the implementation of planning permission and are not included in landscaping schemes, for example cotoneaster species (Cotoneaster spp). Planning conditions and obligations can be used to ensure adequate measures are taken.
Section 40 of the Natural Environments and Rural Communities (NERC) Act Part 1 (as amended by the Environment Act, 2021) requires all public bodies including Local Planning Authorities, in exercising its functions, to have regard, as far as is consistent with the proper exercise of those functions, to the purpose of conserving and enhancing biodiversity.
The Environment Act strengthens this general biodiversity duty to include enhancement in addition to conservation. The amendment will require public authorities to actively carry out strategic assessments of the actions they can take to conserve and enhance biodiversity. Designated public authorities will also be required to produce a five-yearly report on the actions taken to comply with the new duty.
The Environment Act sets out to deliver long-term targets to improve air quality, biodiversity, water, and waste reduction and resource efficiency and includes a target to halt the decline of nature by 2030 in line with PART 6 Nature and biodiversity.
Mandatory biodiversity net gain is set out in the Schedule 14 of the Act through the provision for biodiversity gain to be a condition of planning permission in England by amending the Town and Country Planning Act (TCPA) and will become law in 2023.
The Act sets out key components to mandatory BNG:
Part 6 Nature and Biodiversity Clause 102 strengthens the NERC biodiversity duty by adding the word ‘enhance’. Clause 103 requires a public authority to publish biodiversity reports.
The Act also introduces a new system of spatial plans aiming to boost biodiversity and protect valuable habitats. Local Nature Recovery Strategies (LNRSs) are spatial strategies for nature, and will cover the whole of England. ‘Responsible Authorities’ will be appointed by the government and will be responsible for mapping the most valuable existing habitat for nature, mapping specific proposals for creating or improving habitat, and agree priorities for nature’s recovery.
Amongst other things, the CRoW Act strengthens the protection afforded to Sites of Special Scientific Interest, including greater powers for Natural England to be able to secure their appropriate management and a requirement for Local Authorities to further their conservation and enhancement under Schedule 9. There are two SSSIs in Brighton & Hove; Castle Hill (also a SAC) and Brighton to Newhaven Cliffs. Schedule 12 of the Act strengthens the legal protection for threatened species. This includes making certain offences 'arrestable', and creating an offence of reckless disturbance.
These regulations set out the procedures for making Tree Preservation Orders (TPOs) and the activities that are prohibited in relation to trees protected by these orders. Tree Preservation Orders can be made for trees or groups of trees because of their nature conservation value, as well as for their amenity value.
The Act makes it an offence to interfere with a badger sett, whether by obstructing the entrance, destroying the sett or in any way disturbing the occupant. The 1992 Act defines a badger sett as: “any structure or place which displays signs indicating current use by a badger”. The onus is on the defendant to prove they were not attempting to kill, injure or take the badger, rather than on the police to prove that they were.
Section 17 of the Act states the duty for local authorities to consider crime and disorder implications when exercising its various functions with due regard to the likely effect and the need to do all that it reasonably can to prevent crime & disorder in its area.
Section 23 consent is a legal requirement for any works which will affect the flow of water or cross-sectional area of an ordinary watercourse i.e. not main river. This includes proposed culverting or piping of water and discharge of water into an ordinary watercourse.
The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention or CMS) was adopted in Bonn, Germany in 1979 and came into force in 1983. As a signatory since 1985, the UK Government works with others to conserve migratory species and their habitats by providing strict protection for endangered migratory species.
The legal requirement for the strict protection of Appendix I species is provided by the Wildlife & Countryside Act (1981 as amended). In addition, the Countryside and Rights of Way Act 2000 (CRoW) enacted in England and Wales, strengthens the protection of certain species by increasing penalties and enforcement powers; and strengthened the protection of sites from damage caused by third parties.
The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) was adopted in Bern, Switzerland in 1979, and came into force in 1982. As the UK Government a signatory, this is a binding international legal instrument for nature conservation.
The principal aims of this Convention are to ensure conservation and protection of wild plant and animal species and their natural habitats (listed in Appendices I and II of the Convention), to increase co-operation between contracting parties, and to regulate the exploitation of migratory species listed in Appendix III. To this end the Convention imposes legal obligations on contracting parties, protecting over 500 wild plant species and more than 1,000 wild animal species.
The Convention on Wetlands of International Importance especially as Waterfowl Habitat ('Ramsar Convention' or 'Wetlands Convention') was adopted in Ramsar, Iran in February 1971 and came into force in December 1975. It provides the only international mechanism for protecting sites of global importance and is thus of key conservation significance.
The policies from the City Plan Part 1 and Part 2 that include an aim to conserve and enhance biodiversity are set out below. Full wording of these policies is available on our website.
Go to our City Plan Part One.
The tables in this Annex list Priority habitats and species which are known to occur in Brighton & Hove. It can be used as a useful resource to help assess the biodiversity value of a development site and whether any habitats or species are likely to be present and therefore may be affected by a development proposal.
‘NERC Section 41’ refers to Section 41 of the Act 2006. This Section of the Natural Environments and Rural Communities Act requires the Secretary of State to publish a 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 in England. The species and habitats with a ‘Yes’ in this column are included in those lists.
Tables 3.1 and 3.2 relate to species and Tables 3.3 and 3.4 list habitats, including several urban habitat types which may not have specific recognition by the national list of Priority habitats as listed in Section 41 of the Natural Environment & Rural Communities Act (2006). Some have particular value in the context of Brighton & Hove and should therefore be considered for retention wherever possible.
The tables should not be regarded as comprehensive for the purposes of development control. For example, a variety of biodiversity features can occur, such as particularly large, old trees, which are not listed below but may support bats so should nevertheless be conserved where possible as part of development proposals and surveyed if likely to be affected.
View all Annex 3 tables in downloadable Microsoft Excel format.
You can view:
This provides a rough guide to the seasonality of ecological survey to illustrate the potential impact on the submission of information in support of a planning application.
A suitably qualified ecologist should always be consulted to provide site specific advice on appropriate methodologies and timing, which may depend on weather conditions.
Surveys are possible year round but best during main botanical seasons as below.
Not applicable
June, July, August: Month as appropriate to the plant community.
April, May, September
March, April, May, June, July, August: Six survey visits across the season required.
Not applicable
January, February, November, December: At least monthly surveys.
Not applicable
January to December: Surveys for evidence.
February, March, April, September, October, November: Bait marking and sett surveys.
July, August, September, October: Licensable season for disturbance.
May, June, July, August: Breeding season therefore limited surveying.
January to December: Potential Roost Assessment Surveys.
May, June, July, August, September: Emergence and Activity surveys.
April, October: Emergence and Activity surveys depending on temperature.
April, May, June, July, August, September, October: Nest tube survey with monthly checks throughout season, to achieve minimum level of effort.
Not applicable.
April, May, June, July, September: Depending on weather.
March, August, October, November.
January to December: Habitat assessment possible all year round.
April, May, June: 1st of 2 surveys to identify breeding territories and latrines.
July, August, September: 2nd of 2 surveys to identify breeding territories and latrines.
October, November
January to December: Habitat assessment possible all year round.
April, May: 4 to 6 aquatic surveys including 2 to 3 surveys mid April to mid May.
March, April, May, June: eDNA survey season
March, July, August
Points to note regarding surveys:
The Biodiversity Checklist is designed to identify developments which may have an impact on biodiversity, particularly whether protected, Priority or notable species may be affected by proposals.
Protected and Priority species are a material consideration in the planning process, and if there is a likelihood that a development will impact them, further information must be submitted in support of a planning application. Applicants or their agents should use the Biodiversity Checklist to carry out a ‘first impressions’ check of their application site (stage A1). This should be carried out while on site and does not require ecological expertise.
The Checklist is not required for the following types of planning applications - advertisement applications, air conditioning units/air source heat pumps (and similar), changes of use, conversion to flats (if not affecting the roof), crossovers (where no hard standing needs to be created), extract ducting, fences, removal of fire escapes, roller blinds/shutters, satellite dishes, shop fronts, walls and gates, windows and doors.
All other types of development proposal must include a completed biodiversity checklist for the application to be validated.
This includes householder applications where the development requires a planning application (not permitted development); listed building consents where the roof will be affected including roof lights, solar panels or floodlighting of churches or trees; full planning applications including single/two storey extensions and residential/commercial new build; and outline planning applications. A checklist may be required for variations.
Failure to complete the Biodiversity Checklist accurately may result in your application not being validated and may cause delay to the determination process.
There are two different Biodiversity Checklists: one for householder applications and one for all other types of planning applications.
The Householder Biodiversity Checklist includes questions to help determine whether Protected or Priority species may be affected and whether further information may be required. If the answer is ‘yes’ to any of the questions listed, an ecological report may be required to assess impacts and provide for appropriate avoidance, mitigation and compensation.
The Checklist for other types of planning application includes indicative thresholds and criteria which will trigger the consideration of Protected and Priority species, based on the likelihood of these being present and affected by development. It should be used by applicants to identify which ecological surveys are likely to be necessary for an individual development given its condition and location. If the checklist indicates that species may be present and affected, a suitably qualified ecologist should ensure any necessary ecological surveys are undertaken in the appropriate season.
Where a suitably qualified ecologist considers that surveys are necessary, these will need to be carried out and submitted alongside the planning application in order for it to be validated.
View all Annex 5 tables in downloadable Microsoft Excel format.
You can view
If you have answered YES to any of the questions in the Householder Applications Biodiversity Checklist you may need an ecological assessment.
In the first instance, a Preliminary Ecological Appraisal (PEA) will be required (see SPD Section 7: A1). A full Ecological Impact Assessment may be required where the PEA indicates that priority habitats or species may be affected (See SPD Section 7: A3). This should be addressed before you submit your planning application by seeking further advice from a professional and suitably qualified ecologist.
Assessments should be proportionate to the size of the site and the nature of the proposals. If your ecologist considers the impacts on ecology are negligible, they should provide justification with clear photographs to explain why. This must include an explanation of how all potential impacts on biodiversity will be avoided and/or why protected and Priority species are not an issue on your site. If the ecological information received does not provide certainty of likely impacts, the application may be refused.
If you have ticked any of the above questions you are likely to need an ecological assessment.
In the first instance, a Preliminary Ecological Appraisal (PEA) will be required (see SPD Section 7: A1). A full Ecological Impact Assessment may be required where the PEA indicates that priority habitats or species may be affected (See SPD Section 7: A3). This should be addressed before you submit your planning application by seeking advice from a professional and suitably qualified ecologist.
a. Following consultation by the applicant at the pre-application stage, the council’s ecological adviser has stated in writing that no protected or Priority species surveys and assessments are required.
b. If it is clear that no protected or Priority species are present, despite the guidance in the above table indicating that they are likely, the applicant should provide evidence with the planning application to demonstrate that such species are absent (e.g. this might be in the form of a brief report from a suitably qualified and experienced ecologist, or a relevant local nature conservation organisation).
c. If it is clear that the development proposal will not affect any protected or Priority species present, then only limited information needs to be submitted. This information should, however, (i) demonstrate that there will be no significant impact on any protected or Priority species present (this includes protecting habitats not to be impacted by the development during construction and post construction phases), and (ii) include a statement acknowledging that the applicant is aware that it is a criminal offence to disturb or harm protected species should they subsequently be found or disturbed.
This checklist aims to help implement the mitigation hierarchy: avoid impacts and embed mitigation during construction as well as inform the design and location of compensation post construction.
These are often excluded from planning application drawings, but their construction and location can damage biodiversity features. Ensure their design, location and construction method take account of biodiversity features, for example, permeable paving systems which can integrate vegetation.
Plan locations in advance and site well away from sensitive areas. Include in Ecology report site plan.
Falling rubble and storage areas for demolished structures can cause unnecessary damage if not properly planned for.
It is important to maintain established habitat management regimes throughout the construction process. In some cases, it may be necessary to modify these to help buffer biodiversity features from construction impacts. Seek ecological advice.
Often landscaping schemes involve the importation of topsoil which is inappropriate to the locality or the nature conservation feature. In general, nutrient-rich topsoil should be avoided in habitat management and creation schemes. Introduction of topsoil can also promote the spread of invasive plant species.
Lighting/floodlighting can interfere with animal behavior patterns. All lighting schemes should be designed to minimise light spill and maintain dark unlit features on and off-site including on surrounding natural features such as trees and greenspaces.
These are often excluded from planning application drawings, but their construction and location can damage biodiversity features including trapping and killing animals such as toads and amphibians in gully pots. Ensure their location is included in the Ecology report and their design and effects fully considered.
Due care is needed, for example to ensure protective fencing is maintained in good condition until all danger of damage to biodiversity features by construction-related activity is passed.
Ensure such storage areas are identified and considered in the ecological report
Although the footprint of the development may be the same as existing, construction activity may affect nearby biodiversity features. Such development may also affect species which use buildings, such as bats and nesting birds.
Plan locations in advance and site well away from sensitive areas. Include in ecological report site plan.
Protective fencing should be sturdy and form a sufficiently robust barrier to prevent accidental damage to nature conservation features. Temporary fencing for construction purposes should avoid severing areas of habitat.
Protective fencing should be sturdy and form a sufficiently robust barrier to prevent accidental damage to nature conservation features. Temporary fencing for construction purposes should avoid severing areas of habitat.
Direct loss of habitat; timing of removal to minimise impact and meet legislative requirements (e.g. nesting birds, hibernating herptiles); ensure controlled removal of undesirable species e.g. Japanese Knotweed)
Appropriate aftercare, such as watering, is crucial to the successful integration of nature conservation features into development. Specialist contractors may be required at particularly sensitive locations. Chemical applications should be avoided.
Pets can have a severe predation and disturbance effect on reptiles, mammals and birds. Major scheme design should aim to minimise this risk, for example by buffering habitat resources such a woodland from development, and in the location and types of nest boxes and bird feeders used.
Increased public access to urban nature conservation features should be encouraged but such access should be carefully considered in the design and management of schemes to ensure nature conservation benefits are sustained
The design of nature conservation features within development should take account of potential vandalism issues and other anti-social behavior.
Plan locations for all roads and paths in advance and site well away from sensitive areas. Soil compaction issues. Ensure temporary access is included in ecological report site plan.
The following general principles should be applied to development schemes involving habitat creation.
Identification of nature conservation features: All proposed and existing nature conservation features should be identified on the site plans submitted as part of a planning application. Advice and survey by a professional ecologist may be required. The Sussex Biodiversity Record Centre may also need to be consulted.
Works: Works should be scheduled to minimise any risk of disturbance to species and habitats and to maximise the successful establishment of new features.
Surveys: Some species and habitats are only available for conservation work at specific times of the year. Such requirements should be factored in during the earliest planning stages of a scheme.
Integration at an early stage: The design of nature conservation enhancements should be integrated from the early planning stage of a scheme. The aim should be to maximise opportunities and minimise impacts.
Linear features: Avoid the fragmentation of linear nature conservation features. These are often important for allowing movement from one area of habitat to another.
Buffer Zones: Buffer areas between new nature conservation features and development may be needed to avoid damaging impacts.
Choice of species: Full details of all species to be planted should be provided for all schemes. Generally, native species guaranteed to be of local provenance must be used especially in open countryside and on the urban fringe sites. In the urban area, non-native species with confirmed nature conservation benefits, for example, pollen and nature rich, may also be appropriate.
Integration: New nature conservation features should integrate with and complement habitats and species already present in the vicinity. Ensure that habitat creation proposals will not lead to damage to existing biodiversity features.
Avoid topsoil: Most semi-natural habitats are adapted to nutrient-poor conditions, so habitat creation schemes should avoid the use of nutrient-rich topsoil. Topsoil will encourage competitive weed species of low conservation value.
Adequate fencing: Sturdy fencing (rather than temporary, plastic fencing or tape) should be used to protect nature conservation features throughout the construction phase including appropriate root protection areas and buffer zones, and in some cases, subsequently. Details of the location, type and means of installation of such fencing should be provided on the plans as part of the submitted planning application.
On-site personnel: All on-site personnel should be made aware of any nature conservation features affected and of the conservation measures required. There should be an identified person responsible for overseeing ecological works and their contact details should be made available to the Planning Officer. An ecological clerk of works and/or specialist contractor may be required, particularly for complex or difficult habitat management works.
Plant handling: All plants should be handled and planted in accordance with the relevant clauses in ‘Handling and Establishing Landscape Plants’ Chemical applications should be avoided.
Provision for management: Developments involving new and existing nature conservation features must make provision for their ongoing management.
The use of native species of local provenance should be used in all habitat creation schemes unless there is adequate justification provided and accepted as reasonable for using plants from other sources agreed with the council’s ecological adviser.
Proposals using such species must demonstrate at least UK (and preferably local) seed / plant origins, peat and chemical free as possible. Habitat creation schemes nearby designated nature sites, greenspaces, in open countryside, and the urban fringe must use such suitable and appropriate native species of wildlife value as a priority.
View Table 7.2 in downloadable Microsoft Excel format.
Section 7.2.1 Ornamental plants of wildlife value (adapted from a list supplied by The Ecology Consultancy)
In inner urban areas within the built-up area boundary, non-native species which attract beneficial wildlife, such as nectar and pollen rich, may also be used if these are justified to be better suited to the development and the local environment. In the urban area of Brighton and Hove a wide range of horticultural plant varieties offer valuable sources of food for wildlife including nectar, seeds, berries and sap.
Others provide nesting or roosting opportunities. Native and ornamental plants should be combined to create ‘near-natural’ diverse and interesting wildlife-friendly plantings.
The lists below are not exhaustive, but merely a selection of the more widely available species. They should not be used in the countryside or the urban fringe, where they may invade and damage semi-natural habitats. Planting of fruit trees as “scattered orchards” should seek to use traditional varieties local to Brighton & Hove.
A wide variety of herbaceous perennials help support wildlife and the list below is only a small selection. The following general rules can also be used to select good wildlife-friendly plantings:
Any plants listed as Non-native Invasive Species in Schedule 9 of Wildlife and Countryside Act 1981 as amended should not be planted within landscaping schemes. The following terrestrial species have comparatively few benefits for wildlife areas and their use should be avoided in landscaping schemes, without specific justification:
The conservation of existing trees, woodland and hedgerows, and the creation of new native features is encouraged, where this is consistent with other nature conservation objectives.
The following general guidelines should be followed in any development involving the planting and creation of new trees, woodland and hedgerows. Proposals should also conform to BS 5837 ‘Guide for trees in relation to construction’ (see also SPD 6 ‘Trees and Development Sites’).
Trees too close to buildings and car parks can lead to complaints about leaf-fall, shade and other problems.
Do not plant in locations which could damage other biodiversity features, or which coincide with underground or overhead services.
New hedges, trees and woods are particularly appropriate where they connect or extend existing woodlands and wildlife corridors.
Bare root trees should be planted during a frost-free period between mid October and early December.
Container-grown trees can be planted throughout the year (avoiding periods of drought and frost), provided adequate provision is made for regular watering.
Trees and shrubs for woodland/scrub habitats should be spaced between 1 to 2 metres apart.
Two-year old, feathered seedlings or transplants should be planted (larger sizes are more expensive, slower to establish have a higher failure rate and are prone to vandalism).
Mixes of native species should be used which reflect local, natural associations.
In inner urban areas, non-native species and varieties (such as Firethorn) may be appropriate if they provide good wildlife habitat (e.g. berries and nesting habitat for birds). These species should definitely not be used where they could spread to nearby semi natural habitat.
Compacted soils should be deep- ploughed or ‘ripped’ before planting.
Trees should be planted the same day or as soon as possible after delivery.
Roots should be protected from desiccation and frost damage during transit and storage.
Trees may need protection from rabbit damage following planting and should be kept free of weeds 1 metre diameter around each stem. Use mulch for five years following planting.
Each tree should be drenched with 5 litres of water immediately following planting. Thorough and regular watering may also be necessary for the first two seasons, depending on location.
Dead saplings should be replaced for the first 3 years following planting. Thinning should take place when tree branches become interlaced, and growth is suppressed. Wood waste from thinning should be left scattered under the trees to promote woodland floor species. Piles of dead wood should be avoided where they can create a fire risk.
Existing woods may require enhanced management to remove invasive species, manage access, diversify the range of species present, increase light reaching the woodland floor or to promote particularly desirable species.
View Table 7.4 in downloadable Microsoft Excel format.
The introduction of native woodland ground flora is one way of enhancing existing, established woodlands. Table 7.2 includes recommended species for woodland floor planting. These should be introduced in discrete blocks within woodlands where light levels are between 10% and 40% of daylight in summer, as plug plants or seed. Woodland seed sowing should be at a high rate (10kg of seed per hectare), whereas plant plugs can be introduced at about 5 plants per m2.
Hedgerow creation and management follows similar principles to those needed for woodland and scrub. Shrub plants for new hedgerows should be selected from the list provided in Table 7.4, planted at 200mm centres in two rows 150-450mm apart. A ‘hedge line’ mulch should be used, and species should be planted in blocks of five, which helps to give the developing hedge a naturalistic appearance. After planting, cut hard back to encourage bushy basal growth.
Ancient, species-rich grassland cannot be recreated but it is possible to create attractive, flower-rich grassland as part of new developments. Chalk grassland creation is encouraged by the Sussex Chalk Grassland BAP where conditions are suitable. The following general guidelines should be followed:
Flower-rich grassland should not be located where:
Locations suitable for flower-rich grassland are:
Sow native, local provenance wildflower seed in autumn (September-November), a month after soil treatments have been completed (see Site Preparation)
Avoid small grass patches. These are expensive to maintain and tend to be of low nature conservation value. Aim to create fewer, larger spaces which can incorporate low- maintenance wildflower areas.
A mix of species should be used which reflect local, natural associations (see Table 7.2).
Plant plugs, not seeds, should be used to diversify existing grassland. They should be planted 50cm apart. Yellow Rattle (Rhinanthus minor); can be seeded into existing grassland where it will reduce grass vigour.
Seed mixes should be used to establish new flower-rich grassland. Recommended seeding rate: 2g of seed/m2,
Cornfield annuals should be used as a ‘nurse crop’.
Nutrient-rich topsoil should be removed or buried before sowing.
Expensive soil improvements, such as drainage, deep ripping and fertiliser treatment are to be avoided.
Work the soil in midsummer to minimise compaction problems when wet. Cultivate to an even tilth (breaking up, raking, harrowing and rolling) and firm surface. Remove large stones (may damage grass cutting equipment).
Sowing wildflower seeds. Scuffle the surface after sowing to incorporate seeds in the surface soil.
Flower-rich meadows should be protected from access and from storage of plant and machinery throughout the construction process
New grassland
In the spring of the first year after sowing, roll and then cut to 10cm high and remove clippings. Cut to 10cm about every 2 months thereafter to prevent any species from becoming dominant. Allow a 5 week break in June/July for the cornfield annual nurse crop to flower. In the second year, revert to the cuts described below.
Timing of cutting and cutting frequency have an important influence on the species found in new and existing grasslands. In all cases, cuttings should be removed and no fertilisers should be added at any time.
Spring meadow: Do not cut until late June, then cut to 50mm. Thereafter cut regularly to 100mm. Because spring meadows are cut before the school summer holidays, they can double as ‘kick about’ areas.
Summer meadow: Do not cut between mid May and late August. Regular cutting to 50mm between March and mid May helps to eliminate coarse grasses during their maximum growth period.
Flower-rich grassland should look intentional. Use mown borders, paths, benches, etc to give flower-rich grassland areas a ‘cared for’ appearance.
There are no permanent, naturally occurring freshwater bodies in Brighton & Hove. However, ‘dew ponds’ have been created on the Downs for centuries and more recently, amenity garden ponds and associated wetland areas have become important for wildlife.
Coastal vegetated shingle is both a national and Sussex BAP habitat. The Sussex BAP specifically includes an action to “take advantage of coastal development to create new shingle areas”. Coastal shingle is an inhospitable environment for plant growth. Plants experience high-temperature stress and desiccation in summer; salt water spray, high winds and substrate movement in winter. The substrate itself is nutrient-poor and with very little organic matter. Many species survive by accumulating substantial underground reserves.
Due to the intensive amenity use of the beaches in Brighton & Hove, very few areas of coastal shingle retain natural vegetation. However, opportunities may arise through landscaping within new coastal developments to integrate new vegetated areas.
Any site within 100m of the beach (other than cliffs)
Pot planting should take place in spring (March/April) to give plants time to establish before summer desiccation and winter storms.
Sow seed in the autumn or spring
Aim to vary the substrate, aspect and slope of a site to maximise the variety of shingle species that can successfully establish.
Annuals and short-lived plants can be established from seed. Perennials colonise too slowly and are too susceptible to disturbance when young for seedling establishment. These species require container-grown plants (9cm pots or greater).
New shingle habitats should be profiled to contain about 20% sand to promote seedling establishment. A depth of at least 20cm shingle is required. Organic matter and fertiliser are not required (may attract weed species). Aim for a matrix of areas of different textures to promote the establishment of different species.
Ensure vegetated shingle areas are protected from disturbance throughout the construction period.
Add boardwalks and interpretation boards to encourage appreciation of this rare habitat.
Suitable species for new vegetated coastal shingle are:
Building with Nature (BwN) is a voluntary approach that enables developers and other built environment professionals to go beyond the statutory requirements to deliver more for people and wildlife. The BwN Standards are free to use and provide industry with a benchmark, underpinned by a set of quality standards and ‘how-to’ guidance, to meet the challenges of the climate, ecological and health emergencies.
BwN Standards can be used for every type and scale of development across the UK. The benchmark is equally applicable across residential, commercial, and community infrastructure development; and is designed to support the quality of green infrastructure in projects of all sizes, from infill development, up to new settlements.
There are multiple benefits from BwN accreditation as this reduces planning uncertainty, provides a robust set of holistic design principles, delivers Corporate Environmental and Social responsibility and supports marketing and sales of residential developments. This also demonstrates a shared framework of evidence-based Standards with an independent verification of quality and readiness for Biodiversity Net Gain and new local policy requirements.
Building with Nature (BwN) Standards can help to smooth passage of an application through the planning process. By more clearly defining parameters and expectations around quality of green infrastructure (GI), the use of BwN can help create a level playing field for applicants and makes it easier to understand what good looks like for a particular scheme. BwN is already referenced in the National Design Guide.
As an external verification, BwN Accreditation can also raise confidence amongst other important stakeholders, such as elected members. A scheme that has a BwN Design Award in place, or is working towards a BwN Full Award would be welcomed. If a scheme is already developing high-quality GI, then paying for the Award provides an independent verification of that quality. The Award is a way of demonstrating a scheme meets a high standard - and critically - helps to demonstrate that a scheme meets and goes beyond policy compliance and other regulatory requirements.
BwN and BNG work well together. BNG is a quantitative biodiversity metric, and BwN is a qualitative design tool that focuses multi-functionality and quality, helping to embed biodiversity enhancements into a design and maximise opportunities for on-site biodiversity gains. Put simply, BNG is the what and BwN is the how. BwN can be used as the mechanism for assisting schemes in achieving BNG compliance on site, whilst also ensuring quality place-making that provides multiple benefits for people and our planet. The evidence that a design has met BNG can be used as evidence to demonstrate compliance with the Wildlife standards within the BwN Standards.
As the Council has declared a climate and biodiversity emergency, BwN is one way to demonstrate how development proposals are responding to the challenges of climate change. With a Building with Nature Award in place, the council councillors and others will be able to clearly see how your development is addressing these issues by meeting the relevant BwN Standards.
BwN Standards are overseen by BwN Standards Board, which has representation from Royal Town Planning Institute, Landscape Institute, Chartered Institute of Ecologists and Environmental Managers, TCPA, representative from government, including Environment Agency, Natural England, and representatives from industry, including Taylor Wimpey. As such, BwN Standards are well respected, and are kept up to date and robust (comfort for LPAs and designers) and can help developers implement Policy DM37.
The BwN Accreditation system results in Awards but is effectively a “process tool” that can help guide the design process. An Approved BwN Assessor can ensure that all relevant consultants are engaged in the design process at the right time, and can help streamline the design process, save time, avoid mistakes and help the developer to meet all the necessary planning policy and other targets. This is particularly true if BwN Assessors are appointed early on.
If a Full Award is pursued, this includes a post-construction check (12 months post-completion) and shows further commitment on the part of the developer (another tick for planning). The requirement for a long-term Landscape and Ecological Management Plan (or equivalent) is likely to be a condition on a consent to secure the delivery of BNG from retained and newly created habitats and BwN can then use this for the post-construction check. High-quality green infrastructure, coupled with higher density schemes, can mean that housing numbers can be achieved at the same time as meeting a range of other policy requirements.
Part of the BwN Accreditation process is supporting you to get the most cost-effective, sustainable model and mechanism for long-term management and maintenance in place. Your Approved Assessor will be able to offer examples of good practice and may be able to broker partnership working to more efficiently secure practicable solutions to common problems such as adoption of above-ground surface water management features. It is often the case that a civils approach to sustainable drainage can be more costly in the long-term to maintain than “softer” solutions where GI is designed into the SuDS. For more information read about the BwN case studies.