Rochdale Metropolitan Borough Council - Unitary Development Plan 2006

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Chapter 21

THE NATURAL ENVIRONMENT

21.1The protection and enhancement of the natural environment is a fundamental objective of sustainable development and also one of the key objectives of this Plan. It is central to the effective management of environmental resources, the Borough’s landscape heritage and the quality of life for local communities. Biodiversity is an important feature of the Rochdale Local Agenda 21 Strategy and has been further highlighted in the recently published Biodiversity Audits for the North West and for Greater Manchester. A Biodiversity Action Plan has been produced for Greater Manchester which includes specific guidelines and proposals for significant species and habitats. The Borough contains a diverse range of areas, habitats and features of nature conservation value, both urban and rural, many of which are recognised by either statutory or local designations and which together form a mosaic of sites and wildlife corridors. Moorlands to the north and east of the Borough with adjacent reservoir catchments and enclosed farmland hosts important flora and fauna including internationally recognised birds and the habitats they depend on. Wooded river valleys and man made interest such as the Rochdale Canal, mill lodges and small urban woodland, open spaces and water features provide further interest in and around the urban areas, helping to create a mosaic of sites and features.

21.2It is essential that the impact of development proposals on sites, species and features of value is fully recognised in all aspects of development control and land management. Development proposals should demonstrate a clear understanding of any impact on species and habitats both positive and negative, incorporating appropriate conservation and enhancement measures into the design and implementation of any scheme. When assessing the impact of planning proposals on sites of nature conservation interest, the more important the site for wildlife, the more weight will be given to wildlife considerations.

21.3It is important to protect (by controlling development) and conserve (by encouraging good management) important natural habitats and areas of scientific interest in line with European and National policy and guidance, and the nature conservation strategy and Biodiversity Action Plan for Greater Manchester. The Council will also prepare a Biodiversity Action Statement for the borough highlighting specific local targets and objectives.

21.4The South Pennine Moors Site of Special Scientific Interest (SSSI) is also a Special Protection Area (SPA) and Special Area of Conservation (SAC) under European legislation. These designations contain a significant sweep of high moorland at the northern and eastern fringe of the borough. The area has been identified as the core of the South Pennines Heritage Area designated by the Standing Conference of South Pennine Authorities (SCOSPA, now replaced by Pennine Prospects). A strategy and action plan for its safeguarding and good management has been prepared by SCOSPA and its partners including Natural England, supported by the EU ‘Life’programme. The Rochdale Canal in Rochdale and Oldham districts is also a SSSI and a SAC. SPAs and SACs form part of the European Natura 2000 network of sites highlighting the best of European natural heritage. Development proposals in such areas are subject to rigorous assessment and will only be permitted where they do not damage the nature conservation interest of the site or where the need for development clearly outweighs the nature conservation imperative. Procedures for assessing development proposals are set out in PPG 9 ‘Nature Conservation’ and in guidance booklets published by Natural England. The advice of Natural England will be sought in all cases to ensure that the proper weighting is given to nature conservation interests.

21.5There are three existing Local Nature Reserves in the Borough at Healey Dell, Alkrington Woods and Hopwood Woods. They are managed as sites where examples of the best of the Borough’s natural heritage e.g.; Semi-natural Ancient Woodlands can be experienced by the public. Further LNR designations will be dependent on the availability of suitable sites and management resources.

21.6Sites of Biological Importance (SBI) are sites of nature conservation importance defined on a Greater Manchester wide basis, which contain valuable habitats, animal and plant communities, and also locally rare habitat types. They are classified under 3 grades: grade ‘A’ sites are of ‘county or regional importance’, grade ‘B’ sites are those of ‘district importance’ and grade ‘C’ sites are of ‘more than local importance’. The policy acknowledges the importance of all grades of SBI which are a key component of the Borough’s natural capital but grade A sites have a special strategic significance due to their county or regional value. Sites may be upgraded or downgraded depending on circumstances and new sites may be added as the result of improved or additional survey information. For the avoidance of doubt, this policy will apply to new sites which may be designated in the future and will take account of changes in grade or status.

21.7The Proposals Map does not distinguish between existing categories or grades since changes may occur over the Plan period.

21.8The policy does not make provision for the relocation of habitats as part of development proposals. Relocation is difficult to achieve (e.g. in respect of the water environment), is rarely successful and should only be investigated as a last resort and with expert ecological advice. Where loss of features is unavoidable, development proposals must still provide a suitable form of mitigation for such losses by providing appropriate compensatory benefits either on or off site. Losses should be minimised wherever possible and where a proposal would result in the significant or complete loss of a site, developers will be expected to demonstrate that the reasons for development clearly outweigh the nature conservation interest of the site and that there is no alternative approach which would reduce loss or damage to the SBI.

21.9Some features or habitats may not be important enough to warrant special designation in their own right and these are not protected by Policy NE/2 above. Taken as a part of a wider mosaic of biodiversity, as stated in PPG9 ‘Nature Conservation’, their protection can help to safeguard the natural landscape and its quality and diversity.

21.10Regulation 37 of the Habitat Regulations 1994 requires that development plans provide appropriate protection of landscape features which are of major importance for wild fauna and flora. These include hedgerows, stone walls, linear tree belts, woodlands, semi-natural grassland, peatland, heathland, green lanes, river corridors, lakes, canals, reservoirs and ponds. It is important to recognise such features and to ensure that they are given full and appropriate consideration when assessing proposals. In addition to using the Councils ‘Habitat Survey’ to identify possible features or habitats of value, consultation with expert bodies will be carried out as appropriate so that all relevant factors are considered and given due weight in the assessment process. The expertise and local records of local field naturalists will also be utilised in helping to identify natural interests to be considered in assessing proposals. Reference will also be made to the Greater Manchester Biodiversity Audit and Action Plan which includes a series of Biodiversity Action Plans for priority species and habitats at national, regional and county level.. The Council will produce a district Biodiversity Action Statement in due course further highlighting local biodiversity priorities, issues and targets. There are also other relevant plans and strategies such as those of the Environment Agency and Natural England’s Natural Areas targets which will be referred to as appropriate.

21.11Potential development sites can contain features that could easily be incorporated into a development or where appropriate mitigation can be built into a scheme through compensatory measures. This will help to safeguard and enhance biodiversity and may also help to integrate the development into the environment more successfully e.g., by retaining or contributing to natural amenity value, in particular in urban areas where natural greenspace may be limited. There may be circumstances where it is difficult or for practical purposes impossible to re-create or replace certain features with an equivalent feature, such as peatland. In such cases, full account will be taken of the assessment of appropriate expert bodies as to the value of such features and whether a scheme could safeguard them or would result in unavoidable loss. Such expert advice will also be used to ascertain whether there is an acceptable type and level of mitigation that could be provided should loss be unavoidable.

21.12In addition to protecting and enhancing existing sites and features of interest, it is important to identify opportunities and carry out schemes to create new natural features and greenspaces, in particular in areas where there may be a deficiency of accessible wildlife interest close to homes, schools and workplaces in the urban areas. There are many opportunities for creating new or improved ecological interest in urban and rural areas through new development and utilities infrastructure such as sustainable urban drainage systems, improved landscape management and community action. This can make a significant contribution to enhancing the quality of life and local amenity of all local residents and can also be an innovative element of urban regeneration projects or other land reclamation projects e.g., schemes linked to mineral workings and tipping. In many cases, habitat creation can be achieved and maintained quite simply and inexpensively in comparison to other forms of landscape treatment and can often be as a result of changes in landscape management to produce interesting and locally valued sites for nature and recreation.

21.13Creating new sites of interest and wildlife corridors within the urban area and extending into the wider countryside around towns helps to sustain and enhance the biodiversity of the Borough. It is an important objective in the Biodiversity Action Plan for Greater Manchester and accompanying Biodiversity Action Plans which will also include a district Biodiversity Action Statement in the near future. It will also help to complement and extend the Greenspace Corridor network identified under Policy UG/8 of the Plan which seeks to provide a series of multi-functional corridors linking the towns with the wider countryside for recreation, wildlife and amenity.

21.14The Wildlife and Countryside Act 1981, subsequent amendments of the Act and additional legislation enacted both in this country and Europe, includes a range of protective measures applicable to wild animals (including all wild birds, badgers, bats, water voles and others) and plants. It is an offence to ill treat any animal, kill, injure, sell or take protected species, or to intentionally damage or destroy their places of shelter. In addition, the Countryside and Rights of Way Act 2000 specifies that wildlife or habitats must not be recklessly disturbed.

21.15Guidance contained in Planning Policy Guidance Note 9 “Nature Conservation” states that the presence of a protected species is a material consideration when considering development proposals which could harm a species or its habitat. In all cases, where there are known to be protected species that could be affected by a proposal, the Council will consult with Natural England before determination. In granting planning permission, the need to take further steps to ensure the protection of a species by attaching appropriate planning conditions or entering into planning obligations whereby the developer would take steps to secure this objective will be considered. The Council will also work closely with Greater Manchester Ecology Unit in such matters. The role of the local expert knowledge in identifying the presence of, and potential threats to protected species is important and the Council will work with Greater Manchester Ecology Unit to develop good communication with such groups as the Rochdale Field Naturalists, South Lancashire Bat Group and Pennine Link Badger Group. The Council will also work closely with the Wildlife Liaison Service of Greater Manchester Police.

21.16Although the potential presence of protected species will be a consideration when assessing all development proposals (including new building, refurbishment, alterations, and demolition) there are certain types of host environment where particular care is required. These include derelict and neglected land and buildings, listed buildings and buildings in the countryside. It is strongly recommended that a full and appropriate survey is carried out in all cases where the presence of protected species is possible, prior to the submission of a planning application. Where protected species are present, the effect on the species and associated habitats must be fully established and appropriate mitigation of the impacts carried out which will include compensatory habitats if required.

21.17European Protected Species are identified in the Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 38 and 42, Schedules 2 and 4). They include a range of species which are rare or significantly declining in a European context. In addition to the requirements for planning permission, a licence must be obtained from the Department of the Environment, Food and Rural Affairs (DEFRA) where any proposal would involve the capture, disturbance, damage or destruction of a European Protected Species or its breeding or resting place. The Regulations set out three tests that development must satisfy both for planning consent to be granted and for a licence to be given:

a.The development is in the interests of public health and safety or for other ‘imperative reasons of overriding public interest, including those of a social or economic nature.’

b.There is no satisfactory alternative; and

c.The development will not be detrimental to the maintenance of the species at a favourable conservation status in their natural range.

21.18It should be noted that satisfactory mitigation in itself will not be considered to be justification for development taking place.

21.19Developers should be aware of the implications of encountering European Protected Species on potential development sites and early assessment of potential nature conservation considerations will help reduce the potential for later delays and difficulties in obtaining a licence or even offences being committed. A guidance note for developers has been produced by DEFRA and Natural England setting out the legal protection of such species and the planning and licensing requirements and procedures which apply.

21.20The Borough has a diverse and rich landscape heritage which contributes strongly to local environmental quality, the distinctive character of settlements and their settings and which hosts a range of ecological and archaeological assets. Key features include large areas of open moorland; traditional upland farming patterns creating a patchwork of buildings, drystone walls and field patterns; and a series of open, often-wooded river valleys that connect into the core of the urban centres. The diversity of landscape character and its key features are described in policy NE/6 ‘Landscape Protection and Enhancement’. The local landscape illustrates the evolution of the wider Southern Pennines as defined by Natural England and others in the Joint Character Map of England and highlighted by Pennine Prospects through a non statutory South Pennines Heritage Area. The production of a Southern Pennines Heritage Strategy with the active partnership of key government agencies and voluntary sector interests is intended to help promote and ensure the protection and enhancement of the built, cultural and natural heritage.

21.21There are parts of the Borough’s landscape which contain derelict, vacant or poorly managed land and where there has been significant loss of landscape quality, character and features. In many cases such locations are in and around the edges of urban areas which can result in increased pressure on the landscape. There is a need to regenerate such landscapes, restore features of local significance and re-establish landscape character and quality.

21.22Also, within the urban context, there are pockets of natural areas and woodlands which contribute to, or have the potential to contribute to environmental quality and the setting of urban uses.

21.23The plan aims to ensure that any proposals with landscape and visual implications should not cause unacceptable visual harm, disturbance or loss of landscape elements that contribute to local distinctiveness, the historic, cultural or natural quality of the Borough or to recognised local amenity value such as attractive views or tranquil areas for informal recreation.

21.24The Council will also seek to sustain and enhance the quality of the landscape within the Borough through it’s own regeneration and countryside management programmes, partnership with community interests, major landowners and government agencies and promotion of good management practices to private landowners.

21.25The Plan also recognises the importance of woodland in the environment and the contribution it can make to landscape and townscape quality, local and recreational amenity, biodiversity and the reduction of pollution. It may also increasingly be a source of alternative energy and a sustainable and viable opportunity for rural economic diversification.

21.26The Borough has woodland cover of approximately 2.5% of the total land area, which is significantly lower than the England average of around 7% cover. This policy will support the aim of the Council's Woodland Strategy to increase significantly, the level of tree and woodland cover in the Borough. It also recognises the need to retain existing trees and woodland, in particular mature woodland important for nature conservation, and trees and woodland which form an important part of the local street scene or landscape character and structure.

21.27The Council will also seek to protect and enhance the tree and woodland resource through the implementation of its Woodland Strategy, Township Action Plans, management plans and improvement programmes. The Council is also a partner in the Pennine Edge Forest initiative, a partnership comprising the districts of Rochdale, Oldham, Stockport and Tameside and supported by the Forestry Commission, Natural England and the North West Development Agency amongst others. Pennine Edge Forest (PEF) aims to create a positive role for woodland in urban and rural regeneration and to provide a forest resource with the maximum benefit for local communities and biodiversity. The Council will work (individually and through PEF) with Red Rose Community Forest, other Southern Pennines partners and initiatives, the Forestry Commission and other Government and environmental agencies, landowners and community interests to promote, protect and enhance the woodland resource.

21.28The landscape which surrounds the settlements of Greater Manchester and the wider Southern Pennines is diverse and a major cultural resource within the region with particular literary, industrial and ecological significance. The landscape seen today derives from a varied legacy of industrial and agricultural development stretching over hundreds of years coupled with the remains of much earlier human activity. It is important to ensure that the natural, visual and historic character, quality and distinctiveness of the landscape is recognised by and reflected in development proposals.

21.29New development can make a positive contribution to landscape conservation where it is well sited, of an appropriate scale, and takes full account of existing landscape character and quality or opportunities to strengthen or reintroduce such value through design, layout and use of materials.

21.30Government guidance supports the objective of enhancing landscape character and countryside quality and this is developed in the Joint Character Map of England prepared by Natural England and English Heritage, where the features of land use, land form, biodiversity and the historic development of town and country, and other factors which characterise the landscape of England are highlighted at a sub regional level. Further work has been carried out by the Standing Conference of South Pennine Authorities (now Pennine Prospects) and others to produce a South Pennine Landscape Assessment, accompanied by Landscape Guidelines and a Countryside Design Summary to inform developers, land managers and others.

21.31Informed by the above documents and previous local landscape assessment, the Council has carried out its own appraisal of landscape character and quality. This has identified a series of landscape character areas (see illustration) with associated important landscape features, potential threats to their character and good practice principles for future management which may include the restoration or enhancement of landscape character and features lost due to previous land use or management. The appraisal will be subject to periodic review to monitor future beneficial or adverse change.

21.32In determining planning applications, reference will be made to the documents outlined above and all proposals will be expected to clearly show how they contribute to the conservation, regeneration, restoration or enhancement of the landscape in identified Character Areas.

Landscape Character Areas (brief descriptions)

Unenclosed Moorland	sweeping landform with open ‘wilderness’ character tranquil extensive views a mosaic of upland habitats often underlain by blanket peat a sealed prehistoric landscape active and relict land uses including water supply, power transmission, mineral extraction and agriculture (rough grazing) very sparse settlement with evidence of previous habitation now abandoned large areas of open public access on foot and horseback
Enclosed Upland	often exposed farmland on steep slopes adjacent to high moorland evidence of prehistoric human activity in the landscape varied field patterns (some relict), often bounded by dry stone walls and hedgerows, from medieval to later 19th century enclosure limited tree cover restricted to steep sided cloughs, shelter belts, scattered copses and more recent plantations in water catchments extensive network of paths and tracks general tranquil, often bleak and isolated character scattered farmhouses, hamlets and industrial buildings both active and relict, illustrating the traditional dual economy of the area land uses based on agriculture (mixed grazing), water supply and power transmission with evidence of former quarrying semi improved acid and neutral grasslands and wet, rushy pastures, some now reverting to moorland
Settled Farmlands	more domesticated farmscape with occasional small settlements on lower slopes and valley edges adjacent to urban centres improved grasslands used for cattle, sheep and horse grazing varied styles of enclosure including dry stone wall, hedgerow and fences varied mix of open land uses including farming, equestrian, outdoor sports (e.g., golf) and managed areas of countryside scattered tree and woodland cover, more significant than in upland areas evidence of medieval settlement historic industrial development evidenced by textile mills and mineral extraction sites active and relict greater influence of adjacent urban areas through ribbon and suburban development, landfill and cemetery sites etc, often fragmenting character
Canal Corridor	varied landscape character in urban and rural stretches substantially intact watercourse with evidence of historic development and use of the canal ‘Pennine’ section includes open and steep sided (often wooded) valleys with extensive evidence of the industrial evolution of the canal corridor urban stretches include densely developed industrial corridors along the watercourse separated by lower lying undulating farmscapes significant historic interest dating from before canal construction strong relationship with historic communications network through the valleys (road, rail) high ecological value of vegetation in the watercourse and of adjacent open land
Industrialised Valleys	steep, narrow valleys with fast flowing rivers and streams, more open towards moorland edge generally secluded, tranquil character with extensive evidence of industrial past relict and active industrial sites based on water and steam powered mills (18th and 19th centuries) often with associated lodges, weirs and localised coal workings wooded cloughs and extensive areas of semi natural ancient woodland with open pastures and scrub extensive network of paths and tracks
Urban Valleys	tightly bounded by main urban centres varied character including open farmland, woodland, utilities infrastructure, equestrian uses, golf courses, allotments and landfill sites mixed environmental quality continuity of valleys sometimes interrupted by urban development but extensive stretches of open, well wooded valleys remain secluded feel to some more heavily wooded areas important industrial archaeology in many areas mixed character and quality of buildings extensive and sometimes fragmented network of paths and tracks intermittent long distance views to the moorland beyond
Historic Parkland	intact and relict grounds and gardens with associated woodland and open spaces a mix of formal and informal landscape areas evidence of various periods of development from medieval origins to more recent historic houses and ancillary buildings and structures from various periods including more recent additions and alterations strong relationship to wider landscape in river valleys and farmland

21.33There are currently more than 190 Tree Preservation Orders covering trees and woodlands in the Borough which will be given special protection. The policy requires that all proposed works to a tree require the prior written consent of the Council. Where works come within the scope of section 9 of the Forestry Act 1967 (as amended), the Forestry Commission will determine the application under Felling Licence Regulations in consultation with the Council. In addition, the policy recognises that activities above or below ground in the vicinity of a tree or trees can cause physical damage to trees and their roots. Such activities may include trenching and cabling, alteration of ground levels, and a range of other construction, engineering and maintenance works. Where a tree, group of trees or woodland is shown to be of particular amenity or conservation value and perceived to be at risk, the Council will continue to make Orders. In Conservation Areas, there is automatically a measure of protection for trees within their boundaries.

21.34Development proposals often occur on land where there are individual trees, woodlands or hedgerows that have a value for local character and amenity, recreation and nature conservation. The policy advocates those healthy trees and hedges that can contribute to the design and quality of the development and the environmental quality of the area in general should be protected and retained through favourable management. It is important to impose appropriate safeguards to ensure that existing trees, woodlands and hedgerows are retained and that no damage takes place during development. Where necessary a full tree survey will be required to properly assess the effects of a proposal on trees.

21.35The policy acknowledges that in some cases, the limited removal of trees may be unavoidable (e.g. to satisfy highway requirements) and replacement planting of trees of an appropriate species and scale and in a suitable location (within the site where possible) will be expected in order to compensate for the loss. Where any trees are being felled, it is recommended that appropriate enquiries are made to check whether a felling licence from the Forestry Commission is required.

21.36This approach is consistent with the objectives of the Forestry Commission set out in the England Forestry Strategy which seeks to increase woodland cover and promote a greater appreciation of the benefits of trees and woodland to decision makers, developers and the wider community. It also encourages better woodland management, the protection of ancient semi-natural woodland and the retention or suitable replacement of trees in development proposals. The policy is also consistent with the Council’s approved Woodland Strategy.

21.37It is important to ensure that appropriate surveys are carried out to ensure that any nature conservation or historic value of trees, woodland and hedgerows is fully considered and where necessary suitable mitigation is employed. The incidence of protected species is an important consideration and the provisions of policy NE/4 ‘Protected Species’ will be applied. For hedgerows, the Hedgerow Regulations 1997 set out the nature conservation and archaeological criteria for hedges subject to its provisions. In addition Natural England has produced a research note which defines locally distinctive hedgerow types in the English landscape. There will also be a range of Local Biodiversity Action Plans for Greater Manchester produced for various woodland types and ground flora which will help to inform proposals. The Pennine Edge Forest, which includes Rochdale MBC, will provide advice and support for proposals wherever possible.

21.38When incorporating trees into the design of a development or planting replacement trees, it is important to consider the longer term practical implications of location and species selection. The effects of trees as they grow towards maturity can be to block out light or through spreading or shallow root systems cause damage or pose a threat to safety. There may also be problems caused by leaf fall and where footpaths become enclosed through tall trees and hedges, there may be an actual or perceived effect on personal safety.

21.39Rochdale has a low level of woodland cover which currently amounts to approximately 2.5% of the total Borough land area. This compares unfavourably with an average of around 7% for England. Despite the low level of woodland cover, there are many fine examples of woodland, in particular in the river valleys. Woodlands are an important part of the landscape in both urban and rural areas, a valuable habitat resource and an asset for quiet and active recreation, often close to where people live and work. It is also an important filter for air pollutants and acts as a carbon sink. It is important to ensure that existing woodland is not unnecessarily lost or damaged through development and that through proper care and management the value of woodland in the local landscape is safeguarded. The Council will employ appropriate management measures such as Tree Preservation Orders, planning agreements and the use of Forestry Commission and other woodland management schemes to achieve this. The Council will also work with partners such as other Councils, the Forestry Commission and Natural England to encourage, promote and provide resources to assist woodland management and protection.

21.40As there is low woodland cover in the Borough, it is important to increase both the extent and quality of new woodland. The Council is a member of the Pennine Edge Forest initiative with a range of other agencies including the Forestry Commission and is actively involved in new woodland planting and helping to support and advise other landowners and community interests who wish to carry out planting schemes. A significant increase in woodland cover is one of the principal objectives of the England Forestry Strategy and the Council’s Woodland Strategy, adopted in 1994. The supporting Township Woodland Action Plans help to identify areas where in broad terms, woodland planting could be appropriate and what the priorities for action should be. In addition, the Greater Manchester Derelict Land Strategy identifies the importance of community forestry in reclamation schemes. The North West Development Agency and the Forestry Commission are actively supporting the identification and planting of such sites in Rochdale and other G.M. Districts. These will form part of funding programmes such as the Newlands initiative to be implemented through Pennine Edge and Red Rose Forests.

21.41It is important that development proposals recognise the scope for new woodland planting and the benefits that it can bring to design quality and the local community, economy and environment. The Council will seek developer contributions and planning obligations to secure such planting where appropriate. It is equally important to be aware of the possible negative impacts of tree planting through poor choice of site and species for local amenity and landscape character. Tree planting can also be detrimental to existing habitat value for example through loss of open grassland, changes to drainage patterns and soil conditions etc. It is important to seek expert advice prior to any new woodland planting being considered or carried out so that all potential impacts, positive and negative can be identified.