This chapter outlines the District Council's approach to the countryside and the natural environment.  It contains policies which seek to limit development in rural areas as well as ensuring the protection and enhancement of areas of wildlife, landscape and conservation value.  It describes the District Council's policies towards agriculture and outlines various environmental proposals and initiatives for the District.

The District Council will seek to maintain a healthy rural economy, while protecting and enhancing the natural environment.  It will also seek to ensure that all development in rural areas should have due regard to the interests of the environment, by encouraging energy efficient land use patterns and by not compromising the capacity of the natural environment to accommodate the level of development proposed.

• halt the loss of landscape or geological features, and maintain and enhance biodiversity;
• diversify the rural economy;
• consider alternative appropriate land use options for agricultural land which may be of a lower quality; and
• manage and safeguard the countryside for future generations.

Landscape Quality and the Natural Environment

The landscape quality of much of the District has been badly affected by intensive farmingpractices and mineral extraction. Perhaps, more significantly, the biodiversity of the district has also suffered as habitats have been destroyed or isolated by the removal of hedgerows and other wildlife corridors.  Despite an awareness of the need to conserve existing habitats, wildlife sites still continue to be lost at an alarming rate.

New opportunities exist to create wildlife areas within the district, as a result of changes in farm subsidies. These changes may encourage more woodland planting and less intensive farming practices. The Countryside Appraisal prepared by Nottinghamshire County Council has provided valuable information about the landscape of the District.  The District Council will attempt to protect Mature Landscape Areas, identified as part of the Appraisal, and encourage appropriate management of such areas.  The Greenwood Community Forest Plan, Heathland Strategy, Nottinghamshire Local Biodiversity Action Plan, and English Nature's Natural Area Profiles also provide a framework for landscape restoration and enhancement across much of the district.

Agriculture and the Diversification of the Rural Economy

Agriculture remains the principal land use in the countryside.  It therefore has a major influence over its appearance and the health of the rural economy. The agricultural industry is undergoing a prolonged period of change as a result of CAP (Common Agricultural Policy) Reform and the recent GATT (General Agreement on Tariffs and Trade) Agreement. These changes will force many farm businesses to undergo restructuring to remain competitive. As the agricultural industry rationalises itself, the need to find new sources of employment in rural areas increases. In the 1980s, full time agricultural employment declined in Nottinghamshire by 18%.  The District Council is committed to helping to diversify the rural economy.  It will also treat sympathetically proposals from farmers to diversify their incomes, thereby helping to maintain the viability of individual farm businesses and ensure appropriate management of the countryside.  However, the District Council will not normally welcome proposals which take whole farm units completely out of agricultural production.

Central Government Advice

The Government's planning policies for the countryside are contained within PPG7 "The Countryside - Environmental Quality and Economic and Social Development".  The PPG advocates policies based on the sound stewardship of the countryside heritage and on creating the right conditions for a healthy and vibrant rural economy.  It outlines the many changes that have taken place in the countryside in the last thirty years and continues to emphasise the need to strictly control new development outside existing settlements.

Regional Planning Guidance for the East Midlands

The District Council has shaped its aims and policies to take account of guidance contained within RPG8.  This Guidance Note describes the countryside as one of the East Midlands principal assets, along with its many varied natural landscapes and habitats.  The policies contained within the Plan therefore seek to protect and improve the countryside.

Policies contained within this plan also seek to protect agricultural land and woodlands, in accordance with RPG8, as well as seeking to extend tree cover through the establishment of the Greenwood Community Forest in the west of the District.

Nottinghamshire Structure Plan Review

The Structure Plan Review acknowledges that a balance must be struck between economic activities and the natural, historic and aesthetic value of the landscape.  The County's agricultural landscape, along with its wildlife, has suffered significantly from changes in land management over the last ten years.  However, there are now many new opportunities to restore damaged landscapes across the District, not least the re-establishment of Sherwood Forest.

Policy 3/1 of the Plan seeks to control development in the countryside. 

Objectives

The aims of the Local Plan will be achieved through the implementation of the following objectives:

• to protect the countryside from inappropriate development;
• to encourage the re-use and adaption of existing rural buildings in order to provide opportunities for appropriate employment, community, recreation or tourist uses;
• to retain the best and most versatile agricultural land;
• to ensure new development in the countryside is sensitively located, designed and landscaped;
• to protect and enhance areas of landscape importance, including Sherwood Forest and the Mature Landscape Areas;
• to protect and enhance sites of nature conservation interest and ecological or geological significance;
• to retain and secure the proper management of trees and woodlands;
• to plant trees and woodlands;
• to establish the Greenwood Community Forest, and restore traditional Sherwood Forest habitats;
• to protect the countryside for its own sake;
• to enable the diversification of the rural economy; and
• to promote a greater awareness and understanding of wildlife, and encourage the use and enjoyment of areas of nature conservation interest.

It is national government policy to protect the countryside for its own sake and not simply for its agricultural value.  Since the 1940s, there have been unprecedented pressures on traditional landscapes and wildlife habitats found in rural areas.  The realisation that so much has been lost, in terms of landscape quality and ecological value, has resulted in a growing awareness of the need to safeguard the natural beauty of the countryside, as a whole, and not just specially designated areas.  The countryside is also valued for its many natural and non-renewable resources and increasingly as a recreational and tourist resource.

New development in the countryside will be strictly controlled.  Some activities, however, by their nature, must take place in the countryside, for example agriculture, forestry and, subject to need, mineral extraction.  An exception will therefore be made for such development, where appropriate.  This accords with Policy 3/1 of the Nottinghamshire Structure Plan Review.

Agricultural development which requires planning permission should meet high standards of design and should respect the character and appearance of the countryside.  Furthermore, it should not be located in prominent locations or be visually intrusive nor should it be insensitively landscaped.

The rapid growth in countryside based leisure activities has been well documented by many agencies, including the English Tourist Board and the Countryside Commission.  In general, tourist and recreational uses will be viewed favourably, particularly where they help to diversify the local rural economy.  However, such development should not destroy or adversely affect sensitive ecological, geological or archaeological sites, or specified landscape designations.  Planning permission will not be granted for tourist or recreational development where it would destroy or detract from the overall quality of the countryside and especially from those features that are of interest to visitors to the area.  The District Council will normally expect tourist development to be located within, or close to, existing settlements.  Only in very special circumstances will large tourist related developments be acceptable in the countryside.  In these exceptional cases, it should be clearly demonstrated that no alternatives are either suitable or available and that the site is located close to existing public transport routes, which minimise the need to travel by car.

New residential dwellings will not be allowed in the countryside, unless they are necessary to house an agricultural or forestry worker.  The District Council will apply rigorous tests to any proposal for such a dwelling to ensure that the need is genuine.

Traditional sources of employment in the countryside have been in sharp decline for many years.  Agriculture is no longer a major employer, the rationalisation and intensification of farming activities has taken its toll on rural employment.  This and the gradual removal of farm subsidies has resulted in a pressing need to diversify the nature of the rural economy as a whole and, at a more local level, to introduce policies to enable farmers to explore new initiatives to support their main farming enterprise.  In doing so, it is hoped that farmers will be enabled to continue to manage the countryside as an economic, environmental and recreational resource.  Therefore, the policies of the Plan seek to allow the development of non-agricultural enterprises associated with existing farms which are consistent with the environmental objectives of the Plan and national planning guidance.

The conversion of buildings of architectural or historic value to other uses should respect the character and setting of the buildings concerned.  The proposal should not have an adverse impact on either the building itself or the character of the area. 

The re-use and adaptation of existing rural buildings has an important role in meeting the needs of rural areas for commercial and industrial development, as well as for sport, tourism and recreation.  Policy NE2 seeks to establish criteria against which any proposal for conversion can be tested.  These criteria are based on guidance contained within PPG7 "The Countryside - Environmental Quality and Economic and Social Development".

The District Council will prefer to see buildings converted to employment uses rather than residential uses.  Therefore, an applicant seeking to pursue a new use for a rural building will be required to make every reasonable attempt to secure an appropriate employment, community, recreation or tourist re-use, in preference to a residential conversion.  Any application for a residential use should be supported by a statement outlining the efforts that have been made to achieve one of the alternative uses outlined above and the reasons why such uses could not be accommodated within the building concerned.

The District Council examines proposals for residential development in the countryside with particular care.  The District Council will assess proposals in accordance with its expressed aim of promoting sustainable development.  It may be appropriate to apply the same strict control over residential conversions as that operated over new housing in the open countryside, especially if the building is unsuitable for conversion without extensive alteration, rebuilding or extension, or if the creation of a residential curtilage would have a harmful effect on the character of the countryside.

Ecological Surveys for Protected Species

Rural buildings have also considerable importance for a variety of protected species and other species prioritised within National and Local Biodiversity Action Plans.  Several species of bats, as well as barn owls, swallows, swifts and other birds, regularly make use of such buildings as roosts or breeding sites.  The cumulative effect of the loss of these buildings and structures is to place further stress on already threatened and declining species.

Prior to determining an application to convert an appropriate rural building to a new use, the District Council will usually request the submission of a competent ecological survey carried out using appropriate methods and undertaken by suitably qualified consultants.  The survey should indicate:

• the species targeted in the survey;
• the methodology used and time spent in survey;
• other sources of information used (i.e. desk top surveys and dates);
• the presence of protected species, or any listed in National or Local Biodiversity Action Plans; and
• proposed mitigation or compensatory measures

The presence of a protected species will be regarded as a material consideration in the determination of any planning application. Policy NE17 addresses these issues in more detail.

The District Council will request, where appropriate, that schemes for the re-use and adaption of rural buildings incorporate habitat creation initiatives and design solutions that make provision for protected species.

Agriculture remains the dominant land use in the countryside.  Changes in agricultural policy can have a dramatic effect on the character, appearance and economy of rural areas.

In recent years, there has been a major shift in government policy concerning agricultural land.  In the past, emphasis was put on increasing agricultural production and protecting agricultural land from development.  With the exception of specially designated areas, such as National Parks, there was little recognition that the countryside had value outside its role for agricultural production.  The generation of large food surpluses, through the use of modern agricultural methods, has resulted in a reappraisal of these policies.  Now the emphasis is on more sustainable forms of agriculture, diversifying the rural economy and, in some cases, considering appropriate new uses for lower quality agricultural land.

Most farm buildings and operations lie outside planning control.  However, where planning permission is required, the District Council will demand a high standard of layout, design and landscaping, especially in prominent locations and sensitive areas, such as the Sherwood Forest Heritage Area, Historic Parks and Mature Landscape Areas. Where possible, new agricultural buildings should avoid exposed sites and be located close to existing farm complexes.

Where it is proposed to introduce a new use for a recently erected agricultural building, the history of the site will be investigated to determine if the original building has been utilised for the purpose intended.

Although intensive livestock units are an appropriate land use in rural areas, they can, on occasions, create serious problems of dust, smell and noise pollution.  They should be carefully located and designed, so as to minimise their impact on the countryside and any nearby residential properties.  The District Council will also need to be satisfied that adequate provision has been made for the management and disposal of waste, particularly within Aquifer Protection Zones and Nitrate Sensitive Areas.  The District Council may require an Environmental Impact Assessment for proposals listed in Schedule 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988.  Such an assessment should discuss in detail the likely impacts of the proposal on the local environment and should be prepared by competent independent consultants.

Agricultural Development - Permitted Development Rights

The Town and Country Planning General Development Order 1988, (as amended), grants planning permission for a wide range of development associated with agricultural and forestry uses.  In certain circumstances, (e.g. on agricultural   holdings   of   5 hectares or more), planning permission cannot be implemented, unless a farmer or landowner has first applied to the District Council for a determination on whether prior approval is required for certain details relating to siting, design and external appearance.  This requirement applies in respect of proposals for new agricultural and forestry buildings, significant extensions and alterations, agricultural and forestry roads, certain excavations or waste deposits, and the placing or assembly of fish tanks.

In accordance with PPG7, the Council will normally require additional details where agricultural or forestry development would affect landscapes of special value, Listed Buildings, Scheduled Ancient Monuments, Sites of Special Scientific Interest, Local Nature Reserves, and other sites of known archaeological or ecological interest.

Where additional information is required, the Council will be concerned with the siting, design and external appearance of new, agricultural and forestry buildings, the siting and construction materials of roads, the siting of excavations or waste deposits, and the location, appearance and environmental impact of fish tanks.

The District Council will seek to encourage a diverse and buoyant rural economy.  As part of this approach, the District Council will encourage farm based rural enterprise provided that it meets the environmental safeguards outlined in Policy DD1 and other policies concerning the conservation of the built and natural environment.  In particular, this policy seeks to address those proposals which are part of an existing farm, or other agricultural activity.  Examples may include rural crafts, workshops, farm interpretation, agricultural services and other uses necessary to ensure the continued viability of the farm business.

Nitrate Sensitive Areas

Agricultural productivity, over much of the area to the west of the district, is heavily dependent upon the widespread application of nitrogen-based fertilisers and extensive irrigation.  This is due primarily to the presence of relatively infertile soils on the Sherwood Sandstones and a low average annual rainfall.  Concern has been expressed at the rising levels of nitrates found in groundwater supplies.  High levels of nitrate in drinking water sources require an expensive blending programme to maintain the 50mg/litre EU limit.  In response to this contamination of ground water, Nitrate Sensitive Areas (NSAs) have been declared at Boughton, Far Baulker and Amen Corner (see Figure 8.1).

Through a combination of significant and some very major changes to farming practices, encouraged with compensatory payments, it is hoped that the recent rising trend in nitrate levels may be checked and, in time, reversed.  The designation of these and future NSAs within the district may have a significant impact on land use patterns.  The District Council appreciates the problems associated with farming on these sandlands and will work closely with landowners and farmers to investigate alternative land uses and options, which could include farm diversification, re-afforestation programmes, such as the Greenwood Community Forest and Sherwood Initiative, as well as heathland restoration.

The protection and enhancement of the district's historic and ecological interest is a fundamental objective of the Plan.  While only certain aspects of countryside management are under the direct control of the District Council, there are many ways it can promote the good practice and sensitive management of natural resources in rural areas.

These aims can be achieved through its own actions, or in co-operation with other bodies, or by the influence and persuasion of landowners. The District Council will continue to work closely with organisations with strong interests in the future of the countryside, such as:  English Nature; the Nottinghamshire Wildlife Trust; Forest Enterprise; the Nottinghamshire Farming and Wildlife Advisory Group; Groundwork Newark and Sherwood; Environment Agency; Nottinghamshire County Council; and the Countryside Commission.

The District Council is strongly committed to the safeguarding and enhancement of the natural environment for the benefit of present and future residents, as well as visitors to the area.  The countryside has always been a place of transition and change.  It is as a result of our past management of the landscape that we have inherited the attractive scenery we see today.  While the District Council does not wish to see rural areas become fossilised, it does seek to protect and enhance those features which have become an important part of the rural scene. 

The County Council has recently undertaken a "Countryside Appraisal" of Nottinghamshire.  The principal objectives of the Appraisal are as follows:

• to assess and describe the pattern of the Nottinghamshire countryside through an understanding of its inherent landscape character;
• to prepare guidelines which will facilitate the conservation and management of the Nottinghamshire countryside, based on an understanding of the landscape character associated with each landscape zone; and
• to highlight "Mature Landscape Areas" within each landscape zone.

The methodology used in assessing landscape character has been adapted from the work of the Warwickshire landscape project, undertaken by Warwickshire County Council and the Countryside Commission. A number of local authorities, public bodies and private consultants are now using this approach for landscape assessment work.

Sherwood Forest has become increasingly popular as a tourist destination and a recreational resource.  Its success in this respect, in addition to demands from other competing land uses, has placed this landscape and its wildlife under immense pressure.  In an attempt to reconcile these conflicts, Nottinghamshire County Council, in co-operation with the relevant local authorities, prepared the Plan for Sherwood Forest in 1989.  This non-statutory Plan provides a framework for the future protection and management of the Sherwood Forest area.  It is currently being reviewed to provide detailed guidance on the management of the landscape. The dual aims of promoting an acceptable form of recreational and tourist development, whilst protecting the area's special landscape and ecological value, will remain.

The Plan for Sherwood Forest designates a Special Landscape Area. This area is defined on the Proposals Map.  It is considered to have landscape and ecological importance and   includes Rufford Country Park and the Center Parcs Holiday Village.  The Special Landscape Area also includes many sites of nature conservation importance, including four Sites of Special Scientific Interest (SSSIs) at Clipstone Heath, Sherwood Forest Golf Course, Rainworth Lakes and Rainworth Heath.

All development within the Special Landscape Area and outside villages will be carefully controlled and directed away from sensitive locations, although the area will continue to provide a focus for recreation and tourism.  Appropriate development, for the purposes of this policy, are those categories considered as exceptions to the general restraint in the countryside, defined in policy NE1.       

The Heritage Area lies at the heart of Sherwood Forest and has enormous ecological and historic significance.  The District Council, in accordance with Policy 3/3 of the Structure Plan Review, will seek to protect this area from any development, including proposals for recreation and tourism, that would have a detrimental impact on its wildlife, landscape and historic interest.  This policy does not seek to unnecessarily restrict development within the Heritage Area, but to acknowledge both its special value and fragility.

The Heritage Area is defined on the Proposals Map and contains remnants of ancient oak woodland and heath that once typified Sherwood Forest.  The best examples of this habitat are found at Sherwood Country Park, part of the Birklands and Bilhaugh SSSI, now recognised as being of international importance as a candidate Special Area of Conservation (cSAC).  The District Council will work closely with the Sherwood Forest Trust in its attempts to restore Sherwood Forest through the Sherwood Initiative and welcomes the existing conservation work already being undertaken by a variety of agencies, including the Ministry of Defence at Proteus Camp.Furthermore, it will continue to promote the appropriate management of oak/birch woodland and lowland heath found in this area.  The District Council will also seek to implement and actively promote the aims and policies of the Nottinghamshire Heathland Strategy, prepared by the Heathland Forum, particularly within the Heritage Area.

In May 1992, the Government welcomed the adoption of the European Habitats Directive.  Amongst the measures included in the Directive is the designation of a series of key areas as candidate Special Areas of Conservation (SAC). These sites, together with Special Protection Areas (SPAs) designated under the Wild Birds Directive 1979, will form the basis of a network of sites across the European Union which collectively will be known as Natura 2000.

Planning Permission and Special Areas of Conservation

New applications

As with SSSIs, candidate Special Areas of Conservation  (SACs) are already safeguarded by planning law.  Planning applications must be submitted in order to develop land within a SAC.  Planning authorities must consult English Nature and take the nature conservation interest of SACs fully into account when making land use planning decisions.  If a development is proposed that will have a significant effect on the wildlife of a SAC, the Secretary of State will normally call it in to make the decision himself.  It is expected that few planning applications will affect the Birklands and Bilhaugh SAC.

Existing permissions

Under the Regulations governing Special Areas of Conservation, planning authorities have to review all existing planning permissions which have not been fully carried out that might affect a SAC.  If carrying out the planned activities would significantly damage the site, the authority will make sure that the site will not be damaged.  A planning authority could, for instance, restrict or regulate the use of the land. Alternatively, if the permission is modified or revoked, the planning authority may pay compensation.

Permitted development rights in Special Areas of Conservation

Within the Plan area, there are eighteen Sites of Special Scientific Interest, which are defined on the Proposals Map and listed in Appendix C.  The District Council will protect these sites from any development which would be likely to damage them either directly or indirectly.  Sites of Special Scientific Interest (SSSIs) should not be viewed as ecological islands.  Their interest can be enhanced or reduced by the management of surrounding land. Some forms of development, whilst not located on the site of a SSSI, may have an adverse effect on its ecology by, for example, lowering water tables or creating pollution problems.  In accordance with the "UK Biodiversity - Action Plan", the District Council will adopt the "precautionary principle" when assessing development likely to affect SSSIs within the District, even when located at a distance from the protected site.

Whilst the protection and enhancement of sites remains an important aim of the Plan, Government guidance makes it clear that local authorities are expected to take a broader view with regard to nature conservation.  It states that plans should be concerned, not only with designated areas, but also with other land of conservation value and the possible provision of new habitats.

The list of specified habitats and landscape features shown in policy NE13 is drawn from the UK Biodiversity Action Plan and the Nottinghamshire Local Biodiversity Action Plan.  By including this list, the District Council is seeking to ensure that development takes full account of the intrinsic value of such habits and features to the benefit of the overall biodiversity of the District.  This approach accords with PPG9, the UK Biodiversity Action Plan and Article 10 of the European (Habitats and Species) Directive (92/43/EC).

If the biodiversity of the District is to be maintained and enhanced, provision should be made for the creation of new habitats where sites of nature conservation importance are lost as a result of development. This approach seeks to nsure that the District's critical natural capital  is not eroded further to the detriment of the biodiversity of the District or the enjoyment of wildlife by future generations.  It should be noted that replacement habitats are rarely of equivalent value to those lost and, where possible the District Council will always prefer to see that sites are safeguarded in situ, in accordance with the UK Biodiversity Action Plan.

It may also be possible, through sensitive layout, design and siting, to minimise the impact of development on sites with nature conservation interest. Developers will also be expected to make maximum provision for the implementation of appropriate rescue or recording work, prior to the commencement of development, and/or provide alternative habitats as compensation or as a receptor site for species displaced as a result of the development.

The Importance of Earth Science and Conservation

Earth science conservation seeks to maintain and enhance our natural heritage of rocks and landforms and includes the study of both geology and geomorphology.  For its size, Britain has the most varied geology in the world.  The science of geology started here.  Britain is also rich in geomorphological features and particularly in glacial and periglacial landforms. Yet opportunities to study the Earth's history through its rocks, fossils, minerals and landforms are rapidly disappearing because of changes in land use and the pressure for development.

The Nottinghamshire Geological Records Centre, based at the Natural History Museum at Wollaton Hall, has selected defined Regionally Important Geological and Geomorphological Sites (RIGS) for the District.  The District Council will seek to protect these sites from development and ensure that they are made available for study and interpretation, where possible. The protection of geological sites need not preclude development provided that a site's geological interest can be accessed and preserved in situ.  It is also likely that new development may expose new sites of geological interest. The District Council will attempt to ensure that their interest is considered in the layout and design of development proposals and opportunities are made for investigation and recording.

Local Nature Reserves have the dual function of protecting areas of wildlife interest, whilst providing an educational and recreational resource.  The District Council has already created two Local Nature Reserves at Sherwood Heath, Ollerton and Devon Park Pastures, Newark, and will seek to declare additional sites, including Potwell Dyke Meadows, Southwell and at Vicar Water Country Park, Clipstone.

The District Council may enter into management agreements, under the Wildlife and Countryside Act 1981 (as amended), in order to conserve the natural beauty or amenity of an area. The District Council may impose restrictions and obligations on agricultural works or operations and provide compensation, where appropriate, to secure the protection of ecological sites.  The District Council will actively pursue such agreements with the co-operation of landowners and tenants where the purchase or lease of strategic nature conservation sites is not available or feasible.

Promotion of Nature Conservation

The District Council will promote the conservation of wildlife on its land holdings and encourage other managers of land to adopt similar principles.  It will also seek an improvement in the ecological value of open space and other landscape features, through habitat creation, sympathetic landscape design and management techniques.  The District Council will establish working practices, including design principles and management techniques, which promote the conservation of the District's ecological resource and may offer new opportunities for wildlife.

The promotion of nature conservation can be regarded as a tool for securing significant environmental improvements. Many social, environmental, economic and educational benefits can be gained from sympathetically managed open spaces, especially in school grounds, villages and built-up areas.  A greener, more attractive and stimulating environment, can also help to lure inward investment and generally improve the quality of life for residents.

The best way of ensuring the long-term survival of the district's wildlife is by protecting and managing the many and varied wildlife habitats which are known to exist.  However, some species need additional protection, if they are to maintain their existing distributions and population levels.  The District Council will, therefore, seek to ensure that full consideration is given to the protection of species safeguarded under the provisions of the Wildlife and Countryside Act 1981 (as amended).  Further guidance on the need for surveys and their format is contained in paragraphs 8.30 to 8.33.

It is an offence to deliberately kill, injure or take a specially protected species, or to damage, destroy, or obstruct a place used by such a species for shelter or protection.  The disturbance of protected species occupying a place of shelter or protection is also an offence. However, no offence is committed if a person carrying out an action which causes harm can show that this was the incidental result of a lawful operation and could not reasonably have been avoided. This provision does not apply to bats, outside the living area of a dwelling, unless prior notification of development is given, by the developer, to English Nature.  On discovery of a "protected species" English Nature and/or the District Council should be notified immediately.

The presence of a protected species will be regarded as a material consideration when planning applications are determined.  The District Council will seek to ensure that all possible precautions are taken to prevent offences taking place.  It will, where appropriate, attach planning conditions or require developers to enter into legal agreements, to secure the necessary protection of the species concerned.

Badgers Act 1991

English Nature is responsible for issuing licences, in accordance with Section 9(1)(f) of the Badgers Act 1991, to permit interference with a badgers' sett in the course of development.  The District Council will advise developers of this requirement in cases where development affects known badger setts.  The Council, and all other public bodies, also need a licence for development affecting badger setts.

In March 1994, the Heathland Forum, a partnership of local authorities, government agencies, private organisations and voluntary conservation bodies, published the Nottinghamshire Heathland Strategy. The Strategy outlines the history and importance of heathlands and indicates how best this particular habitat can be protected, managed and restored. The District Council adopted the Heathland Strategy and will take the importance of heathlands into account where new development either directly or indirectly affects existing heathland sites.  The District Council will welcome heathland restoration proposals when associated with new development on appropriate sites. Heathland restoration is also an important element of the establishment of the Greenwood Community Forest.

The District Council has an important role to play in the protection of trees and woodlands.  It has a duty, under the Town and Country Planning Act 1990, to make adequate provision for the preservation and planting of trees, when considering planning applications.  It will seek to ensure the retention of trees of important amenity value, where they are under threat from development, by means of Tree Preservation Orders. There are approximately 250 Tree Preservation Orders in the district, covering a variety of trees, ranging from individual specimens to small woodlands.  Trees within Conservation Areas are also protected and owners intending to carry out works to such trees must give the District Council six weeks notice prior to the commencement of work. The District Council considers that trees on development sites should be retained, where possible, and buildings and structures sited to prevent damage to them. 

Amenity woodlands, whilst not necessarily of the age, in terms of continuous woodland cover, of ancient woodlands, can frequently provide excellent habitats for a wide variety of plants and animals.  They are also important landscape features, benefiting both visual amenity and in some cases, providing an important recreational resource for local people. Any proposals for their removal will be resisted, unless there are clearly established overriding needs for the development and no alternative sites exist. 

The District Council regards ancient woodland as an important element of the District's critical natural capital.  Itwill seek to protect all ancient woodland from development. Ancient woodlands are defined on the Proposals Map. The classification of ancient woodland is based on historical evidence and species diversity. English Nature, in its "Nottinghamshire Inventory of Ancient Woodlands", has gathered together historical, map and some biological information on large woodland blocks, to determine whether they are likely to be ancient.  The Inventory is provisional and may be subject to revision in the light of new information or further study.  The District Council will use the Inventory as a starting point in assessing which areas should be protected.  Ancient woodlands have considerable ecological value and will be regarded as Sites of Importance to Nature Conservation, apart from any other formally designated status.

The District Council will actively promote the appropriate management of amenity and ancient woodlands, and particularly coppiced woodlands.  Wildlife interest and plant diversity has been shown to reduce dramatically when traditional management practices cease or are reduced in scale.  The District Council will also seek to safeguard trees and woodlands of ecological and amenity value, where they are affected by development.

New Woodland Planting

The District Council will encourage the planting of new areas of woodland which make a significant contribution to enhancing the environment.   Particular emphasis will be given to proposals which seek to promote the planting of new woodlands in the Greenwood/Sherwood areas and around major settlements.  Grant aid is available from the Forestry Authority for both tree planting and future management of woodlands.

• the physical form and effects of afforestation on the landscape of the area;
• the use of a mix of species, including broadleaves, particularly in sensitive landscape areas;
• the nature conservation interests;
• the provision for public access and recreational use of the area, where appropriate;
• the extent to which proposals adhere to the guidelines arising from the landscape character assessment of the County Council's Countryside Appraisal; and
• the creation of jobs in the forestry industry.

While the District Council accepts that Stapleford Woods is a commercial woodland, it is also a prominent and attractive feature in the landscape, it is well used for informal recreational purposes and is of ecological value and as such merits special protection.

The Greenwood is one of twelve Community Forests being promoted by the Countryside Commission and Forestry Commission in England.  The Greenwood covers some 40,000 hectares of western Nottinghamshire between Nottingham and Mansfield, and includes the western edge of Newark and Sherwood District (see Figure 8.2).

A Plan for the Forest was completed in June 1994 by a project team on behalf of a partnership, consisting of the two Commissions, Nottinghamshire County Council, and six District Councils, including Newark and Sherwood.  The Forest Plan has now been approved by the Department of the Environment and provides wide ranging and long-term advice on land management, which will help create the Greenwood over a period of, perhaps, thirty years.  The Forest Plan is to be treated as a material consideration in the determination of planning applications.  The process of reviewing the Forest Plan is to begin in 1999.

The aim of all community forests is not to create continuous woodland, but to diversify the use and appearance of the landscape which surrounds urban areas through selective planting and land management.  The creation of new areas of woodland is intended to both improve the environment and to create new opportunities for recreation, including walking, riding, organised sport and responsible motor activities, education and employment.

The Greenwood Forest Plan acknowledges that a wooded landscape is capable of absorbing a wide range of different needs and    activities, from the formal to informal, intensive to relaxed, quiet to noisy.  However, great care must be taken to ensure that neighbouring uses are complementary and not in conflict with each other.

Sherwood Initiative