Chichester Local Plan 2021-2039 - Main Modifications consultation

Amend paragraph:

National policy promotes increasing energy efficiency, the minimisation of energy consumption and the development of renewable energy sources. This Plan supports is supportive of renewable energy schemes provided these can be delivered with any significant adverse impacts appropriately mitigated. The council acknowledges that there may be instances where the benefits of a scheme outweigh the adverse impact. The council also recognises that in many cases, the development site can be returned to its original use if changes in renewable technology mean that the scheme is no longer required. development that promotes these objectives. An important element in this is to ensure that the council embraces effective energy efficiency and the use of off-site renewable energy in all new development, helping to reduce the emission of greenhouse gases and therefore climate change. The council's Climate Emergency Detailed Action Plan and its Annual Progress Report provide details of the council's plans in relation to renewable energy generation within the district including annual progress made in relation to planned actions. The council continues to work collaboratively with other district councils and West Sussex County Council in relation to climate action.

Amend 1^st paragraph.

Amend criterion 1.

Amend 3^rd paragraph.

Delete final paragraph.

Policy Text Update:

Policy NE1 Stand-alone Renewable Energy

Development proposals Planning permission will be granted for stand-alone renewable energy schemes, where it has been demonstrated that there is no significant adverse impact upon:

1. Landscape or townscape character, views into and from the South Downs National Park and Chichester Harbour AONB, ecology and wildlife, water environment, heritage assets whether designated or not, or uponareas or features of historic or local significance;
2. Local amenity, outlook through unacceptable visual intrusion or upon generalhealth and quality of life as a result of noise, odour, emissions to atmosphere, electronic interference, or traffic generation; and
3. Highway safety or aircraft safety.

Where relevant, necessary and material to the application in question,Aall development proposals,must be accompanied by a landscape assessment, and a cumulative assessment of any impacts identified in criteria 1 above, as well as mitigation measures, as appropriate to minimise any environmental impacts associated with the scheme.

All development proposals should take the opportunities available to provide for new or enhanced habitats to meet Biodiversity Net Gain requirements within the site of the proposed development.

All development proposals for a renewable energy generation scheme should, as far as is practicable, provide for the site to be reinstated to its former condition should the development cease to be operational, though having regard to any new habitats created on the site in the interim.

The social and economic benefits of the development proposal will be taken into account, particularly the degree of community participation in or ownership of a scheme,as well as the potential benefits of the proposed development to host communities generally.

Amend paragraph:

Development proposals must also take account of national and local designations. Chichester Harbour AONB is afforded the highest status of protection under the NPPF, where major development will not usually be permitted unless exceptional development tests can be met, and the development is in the public interest. Exceptions will only be made where no reasonable alternatives are available. In this event, proposals must provide mitigation measures in respect of their potential impact on the local character and setting of the protected landscape which should include appropriate design principles and visual screening as referred to in relevant guidance.

Amend criterion 4. Delete footnote 17 (moved to supporting text).

Amend criterion 5.

Amend 2^nd paragraph.

Delete 3^rd paragraph.

Policy Text Update:

Policy NE2 Natural Landscape

The impact of all development proposals will be carefully assessed to ensure the protection, conservation and enhancement of the plan area's natural landscape. Planning permission will be granted where it can be demonstrated that all the following criteria have been addressed:

1. There is no adverse impact on the openness of the views in and around the coast, designated environmental areas, including the setting of the Chichester Harbour AONB and South Downs National Park as well as the rural character of the plan area generally;
2. Development proposals in the plan area are designed to respect, and enhance nationally designated sites, distinctive local landscape character, and public amenity whilst sensitively contributing to their settings;
3. Development proposals maintain the identity of settlements and ensure the integrity of predominantly open and undeveloped land between settlements is not undermined;
4. Development of poorer quality agricultural land is fully considered in preference to best and most versatile land (Grades 1, 2 and 3a¹⁷). Where proposals would result in the significant loss of best and most versatile agricultural land, proposals will need to consider the economic impacts and the impacts on soil, air, water or noise pollution, or land instability;
5. Development proposals within the setting of Chichester Harbour AONB and the South Downs National Park should recognise its their status as a landscape of the highest quality and should be designed to reflect this with the scale and extent of development limited, sensitively located and designed to avoid or minimise adverse impacts on the AONB and SDNP. Development proposals must comply with should have regard to the Chichester Harbour AONB Management Plan, and the Chichester Harbour AONB Joint SPD and South Downs Partnership Management Plan and South Downs Local Plan which are material planning considerations.

For large-scale proposals larger schemes in identified character areas, Landscape and Visual Impact Assessments (LVIAs) may be required. The LVIA should be used to identify, describe and assess the likely significant significance of the effects of a project change resulting from the development on both the landscape (including the direct and indirect change to the landscape's sensitivity, character and condition) as well as the as an environmental resource and on views and visual amenity and visual receptors. LVIAs may also be required for small-scale development proposed within the setting of the Chichester Harbour AONB or South Downs National Park. Further guidance should be sought from the relevant Strategy, Management Plan or SPD and/or general national guidance.

All development proposals affecting the natural landscape will be required to meet criteria contained in other relevant policies, especially: Landscape Gaps; Chichester Harbour AONB; Development around the Coast; Development in the Countryside; Biodiversity; Development and Disturbance of Birds; Trees, Hedgerows and Woodlands; Equestrian Development and the pollution policies.

¹⁷See paragraph 001 of national planning practice guidance "Natural Environment"

Amend 1^st, 2^nd paragraphs.

Policy Text Update:

Policy NE3 Landscape Gaps between settlements

In order to prevent coalescence of built-up areas, maintain the individual identity of settlements, actual or perceived, and ensure the integrity of predominantly open and undeveloped land between settlements is not undermined, the generally open and undeveloped nature of landscape gaps between settlements will be protected. Including by taking account of the landscape character, the The precise boundaries of landscape gaps will be defined in either a Site Allocations DPD or through neighbourhood plans.

Development will only be permitted within landscape gaps, where these have been defined as set out above, provided:

a) It would not diminish the physical, visual and/or perceived openness of the gap; and

b) Individually or cumulatively, it would not result in the actual or perceived coalescence of settlements.

Amend paragraph:

The council has published a strategic wildlife corridors background paper, which should be read in conjunction with this policy, setting out the methodology and evidence used to inform the approach. Regard should also be had to the Sussex Bat Special Area of Conservation Planning and Landscape Scale Enhancement Protocol (2018) or any subsequent updated guidance.

Amend paragraph:

The council will apply an additional layer of planning restraint to the countryside protection policies within these strategic wildlife corridors to ensure that connectivity between the South Downs National Park and the Chichester Harbour AONB and Pagham Harbour is maintained in the long term. The boundaries of the Strategic Wildlife Corridors are identified on the Policies map and will only be amended through a review of the Local Plan. Within and outside the corridors it will be necessary to demonstrate that no land outside the corridor is available for development and the development will not have an adverse impact on the integrity of the corridor. In instances where land is part of a green infrastructure network that may include, for example, a wildlife corridor in a neighbourhood plan made prior to adoption of the Local Plan, and that land is also subject to this policy, should conflict arise between the policy in the made neighbourhood plan and this strategic policy, the strategic policy will take precedence.

New paragraph after 4.18:

An assessment of the impact of development will be undertaken on a case-by-case basis, as the quantity and quality of habitat present will differ across sites and the impact will be different according to the type and scale of development proposed.

2^nd new paragraph after 4.18:

For applicants, this will mean that an assessment of habitat features within the site will need to be undertaken, to establish what features are present (for example, treelines, hedgerows, ditches, watercourses), how features can be retained, protected and enhanced to ensure that connectivity for wildlife can be facilitated across the site. Applicants will need to have regard to the connectivity of the corridor as a whole; whilst it is not within the ability of an applicant to enhance features on land not within their control, the wider connectivity and integrity of a corridor is essential to its functionality.

Amend paragraph 1.

Delete paragraph 2, criterion 1,2.

Delete paragraph 3, criterion a,b.

Policy Text Update:

Policy NE4 Strategic Wildlife Corridors

Development proposals will only be permitted where they can demonstrate theyit would not lead to an adverse effectupon the ecological value, function, integrity and connectivity of the strategic wildlife corridors, and protect and enhances its features and habitats.

Development proposals within strategic wildlife corridors will only be granted where it can be demonstrated that:

1. There are no sequentially preferable sites available outside the wildlife corridor; and
2. The development will not have an adverse impact on the integrity and function of the wildlife corridor and protects and enhances its features and habitats.

Development proposals outside, but in close proximity to the strategic wildlife corridor will be acceptable where it can be demonstrated that:

1. The development will not have an adverse impact on the integrity and function of the wildlife corridor; and
2. The proposal will not undermine the connectivity and ecological value of the corridor.

All proposals for new development (with the exception of householder applications) within or in close proximity to wildlife corridors should take opportunities available in order to extend and enhance those corridors.

Relocation of footnote 19 from policy text:

The council will consider whether there has been the deliberate clearing of valuable habitats before applying a biodiversity metric to a proposed development site. Any evidence of pre-emptive clearance occurring on site before ecological surveys have been carried out (such as removal of vegetation, including trees, or loss of other habitat features such as hedgerows or ponds) should be described and the cause explained. Unless evidence is presented that can be used to determine what the site supported in terms of habitats and their condition before such changes occurred, a worst-case scenario will be adopted by the council. Under this scenario it will be expected key habitat types in good condition will be entered into the biodiversity metric to represent any habitats lost ahead of planning permission being determined¹⁹.

¹⁹ The planning authority may require that an earlier baseline is applied where activity, other than that permitted by a planning permission (for example an earlier development), has reduced the on-site biodiversity value since 30 January 2020.

Amend paragraph:

Conserving biodiversity is not just about protecting rare species and designated sites. It also encompasses the conservation and enhancement of more common and widespread species and habitats, which if managed appropriately, can make a significant contribution to the ecological network. Where appropriate, applicants will be expected to build on existing initiatives and work with the council and partners to implement the aims and proposals of the Chichester Local Biodiversity Action Plan and the Nature Conservation Strategy.

Amend criterion E.

Amend 2^nd paragraph.

Amend 3^rd paragraph.

Amend criterion 1b,1c, split criterion 1d and addition or text, amend criterion e, f.

Amend criterion 3c, 3e)i.

Footnote deleted and moved to supporting text.

Policy Text Update:

Policy NE5 Biodiversity and Biodiversity Net Gain

All development shall ensure the conservation, protection, enhancement and restoration of biodiversity, avoiding any adverse impact on the condition and recovery of all types of nature conservation sites, habitats and species within their ecological networks including:

1. Internationally designated sites (SPA, SAC, Ramsar)
2. Irreplaceable habitats, including ancient woodland and ancient or veteran trees
3. Nationally designated sites, such as Sites of Special Scientific Interest (SSSI), National Nature Reserves (NNR) and Marine Conservation Zones (MCZ)
4. Riverine and Marine Habitats
5. Protected and Priority Habitats and Species
6. Biodiversity Opportunity Areas (BOA)/ Nature Recovery Networks (NRN)
7. Locally designated sites, such as local wildlife sites and Local Nature Reserves
8. Wildlife corridors and stepping-stones

Opportunities to conserve, protect, enhance and recover biodiversity and contribute to wildlife and habitats connectivity will be undertaken, including the preservation, restoration and recreation of priority habitats, ecological networks and the protection and recovery of priority species populations. Regard will be had to the Local Nature Recovery Strategy to inform opportunities for nature recovery.

Unless exempt, development Development proposals will be permitted where it can be demonstrated that subject to the following criteria being have been met:

1. Development proposals adhere to the NPPF mitigation hierarchy, and in addition, demonstrate that proposals provide a minimum of 10% net gain in biodiversity against a pre-development baseline¹⁹:

1. For major development of 10 or more dwellings or on sites of 0.5 hectares or more, the most recent national Biodiversity Metric will be used to calculate biodiversity net gain;
2. For minor development of 1 - 9 dwellings or on sites of less than 0.5 hectares the Small Sites Metric (or future equivalent) can will be applied;
3. Net gain should be provided on-site in the first instance, and then locally off-site (as close as possible to the development site, or if that is not possible, elsewhere within the Chichester plan area District) where it should contribute towards strategic networks such as green infrastructure, wildlife corridors or nature recovery networks;
4. Where agreed appropriate, off-site provision outside but neighbouring the Plan Area may be permitted provided land is deliverable in areas of strategic significance for biodiversity such as those identified within Local Nature Recovery Strategies;
5. d) as As a last resort, and with the agreement of the local planning authority that on or local off-site provision is not possible, applicants will be required to purchase credits for biodiversity gain through the national biodiversity credit scheme;
6. e) Development proposals will provide for the long-term management and maintenance of biodiversity features retained, and enhanced or created within the site or for those features created or enhanced off-site, for a minimum period of 30 years through planning obligations; and
7. f) Losses to designated Designated sites and irreplaceable habitats are excluded not calculated within from net gain metrics as they are irreplaceable. Proposals which may impact these sites will be required to satisfy the legislative tests as set out in Section 3 below.

2. Development proposals should be accompanied by a biodiversity appraisal that assesses the level of existing ecological value of the site through adequate and proportionate information, and demonstrates that any adverse impacts are avoided or reduced in line with the mitigation hierarchy through an avoidance or mitigation plan:

1. Where an adverse impact on biodiversity is unavoidable, and no other option is available, this will only be supported where it has been demonstrated that the impact has been minimised as far as possible and, as a last resort, appropriate compensation provided for any remaining adverse impacts;
2. Opportunities to conserve, protect and enhance biodiversity and contribute to wildlife and habitats connectivity should be undertaken, including the preservation, restoration and recreation of priority habitats, ecological networks and the protection and recovery of priority species populations.

3. Development proposals that will have an impact on international, national, locally designated and irreplaceable habitats will be required to meet the following requirements:

1. Internationally Protected Sites (as shown on the policies map), including SPAs, SACs and Ramsar sites, or candidate and formally proposed versions of these designations:

1. Development proposals with the potential to impact on one or more international site(s) will be subject to a HRA to determine the potential for likely significant effects. Where likely significant effects may occur, development proposals will be subject to Appropriate Assessment.

2. Nationally Protected Sites (as shown on the policies map), including SSSIs, NNRs, MCZs:
   1. Development proposals considered likely to have a significant effect on nationally protected sites will be required to assess the impact by means of an EIA;
   2. Development proposals should avoid impacts on these nationally protected sites. Development proposals where any adverse effect on the site's notified special interest is likely and which cannot be either avoided or adequately mitigated will be refused, unless the benefits of the development at this site clearly outweigh the likely impact to the notified features of the site and any broader impacts on the network of nationally protected sites.

3. Irreplaceable habitats including ancient woodland (as shown on the policies map), and ancient or veteran trees:

1. Development proposals which result in the loss or deterioration of irreplaceable habitats, including ancient woodland and ancient or veteran trees, will be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists.

4. Locally protected sites, including local wildlife sites, and Local Nature Reserves (as shown on the policies map):

1. Development proposals considered likely to have a significant impact on local sites will be required to assess the impact by means of an Ecological Impact Assessment;
2. Development proposals that will result in any adverse effect on the integrity of any local site which cannot be either avoided or adequately mitigated, will be refused, unless exceptional circumstances outweighing the adverse impacts are clearly demonstrated.

5. Outside of designated sites:

1. Development proposals should identify and incorporate opportunities to conserve, restore and recreate priority habitats and ecological networks. Development proposals should take opportunities to contribute and deliver on the aims and objectives of the relevant biodiversity strategies where possible.

¹⁹ The planning authority may require that an earlier baseline is applied where activity, other than that permitted by a planning permission (for example an earlier development), has reduced the on-site biodiversity value since 30 January 2020.

Amend paragraph:

The purpose of this policy is to set specific strategic requirements relating to the Mens, Ebernoe Common and Singleton & Cocking Tunnels SACs, the Arun Valley SAC and SPA, and the Solent Maritime SAC and Solent Coast SPAs (Chichester Harbour, Langstone Harbour, Pagham Harbour, Solent and Dorset Coast, and Medmerry Compensatory Habitat). Where relevant, this policy should be read in conjunction with the corresponding policy specific to each habitat, namely Policy NE16 (Water Management and Water Quality), Policy NE18 (Nutrient Neutrality), and Policy NE7 (Development and Disturbance of Birds in Chichester, Langstone and Pagham Harbours and Solent and Dorset Coast SPAs and Medmerry Compensatory Habitat).

Amend paragraph:

Evidence demonstrates that there are two particular pressures on these harbours: nitrate pollution, loss of intertidal habitat due to inappropriate coastal management, and recreational disturbances impacting upon the designated bird populations.

Amend paragraph:

The Arun Valley SPA, SAC and Ramsar site lies within the Sussex North Water Resource Zone which is partly served by supplies from groundwater abstraction at Pulborough. Natural England have advised that there is a significant threat to the Arun Valley SPA, SAC and Ramsar site arising from this groundwater abstraction, and that water neutrality is one way to ensure that no further adverse effect is produced, and for sufficient water to be available to the region.

Amend Policy Title and 1^st paragraph.

Add new criterion c.

Bring footnote into policy.

Policy Text Update:

Policy NE6 Chichester's Internationally and European Nationally Designated Habitats

Development will only be permitted where it would not lead to an adverse effect upon the integrity, either alone or in-combination, directly or indirectly, on internationally and European and nationally important protected habitat sites, including:

1. Water Neutrality in the Sussex North Water Resource Zone - Arun Valley SPA, and SAC and Ramsar

Development proposals within the Sussex North Water Resource Zone will provide mitigation for any net per capita increase in water consumption, as defined in a water budget, in accordance with Policy NE17 (Water Neutrality).

2. Nutrient Neutrality in Chichester and Langstone Harbours SPA

Development proposals for any net increase in overnight accommodation that drain to Chichester or Langstone Harbours must demonstrate that they will be nutrient neutral for the lifetime of the development, either by their own means or through the provision of appropriate mitigation in accordance with Policy NE19 (Nutrient Neutrality).

3. Coastal Squeeze in Chichester and Langstone Harbours SPA and Ramsar, Solent Maritime SAC and Pagham Harbour SPA and Ramsar

Development proposals on the coast at Chichester and Langstone Harbours and Pagham Harbour, including those relating to the shoreline management of harbour-fronting properties, have the potential to adversely impact the integrity of intertidal habitats as a result of coastal squeeze, and are therefore required to provide appropriate avoidance or mitigation measures in accordance with Policy NE12 (Development around the Coast).

4. c)Recreational Disturbance in Chichester and Langstone Harbours SPA, Solent and Dorset Coast SPAs, Pagham Harbour SPA and Medmerry Compensatory Habitat

Development proposals for any net increase in overnight accommodation within the Zones of Influence for Chichester and Langstone Harbours SPA, and Solent and Dorset Coast SPAs, and/or Pagham Harbour SPA and Medmerry Compensatory Habitat will be required to provide appropriate avoidance/mitigation measures in accordance with Policy NE7 (Development and Disturbance of Birds in Chichester, Langstone and Pagham Harbours and Solent and Dorset Coast SPAs and Medmerry Compensatory Habitat).

5. d)The Mens SAC, Ebernoe Common SAC and Singleton & Cocking Tunnels SAC

Development proposals on greenfield sites and sites that support, or are in close proximity to, suitable commuting and foraging habitats (including mature vegetative linear features such as woodlands, hedgerows, riverine and wetland habitats) within the following ranges (as shown on the policies map) should have due regard to the possibility that barbastelle and Bechstein's bats will be utilising the site. Such proposals will be required to incorporate necessary surveys and ensure that key features (foraging habitat and commuting routes) are retained, in addition to a suitable buffer²⁰ to safeguard against disturbance:

1. Key Conservation Area - 6.5km: all impacts to bats must be considered given that habitats within this zone are considered critical for sustaining the populations of bats within the SACs; and
2. Wider Conservation Area - 12km: significant impacts on severance to flight lines to be considered.

The scale of the buffer will need to be determined on a case-by-case basis, informed by bat activity survey work and would take account of the species involved and their sensitivity to disturbance/artificial lighting and the natural screening provided by existing surrounding vegetation.

Regard should be had to the Sussex Bat Special Area of Conservation Planning and Landscape Scale Enhancement Protocol (2018), or any subsequent equivalent document.

²⁰The scale of the buffer will need to be determined on a case-by-case basis, informed by bat activity survey work and would take account of the species involved and their sensitivity to disturbance/artificial lighting and the natural screening provided by existing surrounding vegetation.

New paragraph:

In combination with future development in Horsham and agricultural emissions, there is potential for a small proportion (2%) of The Mens Special Area of Conservation (SAC) to exceed 1% of the critical level for atmospheric ammonia concentrations for beech woodland in The Mens supporting lichens and bryophytes. This 'in combination' breach of the 1% of the critical level threshold is not expected to occur until late in the plan period, between 2032 and 2035, depending on how quickly development comes forward.

New paragraph:

The Horsham and Chichester Local Plans Outline Air Quality Strategy (AECOM - September 2024) includes a number of specific measures and sets out how they could be delivered to ensure that there would be no adverse effect on the integrity of The Mens SAC in relation to atmospheric pollution specifically the levels of ammonia. Chichester District Council and Horsham District Council will undertake Automatic Number Plate Recognition (ANPR) monitoring on the A272 to determine the uptake of ultra-low emission vehicles (ULEVs)^XX over time. The outcome of this monitoring will determine whether and when Policy NEXX is engaged. The councils will also continue to work with Natural England and other stakeholders to explore additional options for mitigation.

^XX A general term for all vehicles that do not operate using combustion engine technology and thus have no exhaust emissions, particularly electric vehicles.

New paragraph:

This approach will enable the councils to intervene if conversion from petrol and hybrid cars and vans to ULEVs were to fall behind what is required to ensure that the combined impact of development does not exceed the tolerance threshold for increased ammonia. This means additional requirements would be placed on development by way of a failsafe measure.

New Policy:

Policy NEXX - The Mens SAC and Air Quality

1. The council will undertake monitoring of traffic and the proportion of petrol and hybrid vehicles and ULEVs on the A272, passing The Mens SAC, as part of a review of the Plan within 5 years of adoption or any earlier review.

2. If the outcome of monitoring (in 1.) identifies that the trajectory of the combined petrol and hybrid vehicle trips on the A272 passing The Mens SAC is likely to be higher than 14% of total trips by March 2039, then any development proposals in the North of the Plan Area for a net increase in housing/dwellings must demonstrate they will not, from the outcome of the monitoring onwards, contribute to any cumulative increase in ammonia arising in the Mens SAC that would result in an in-combination effect above the 1% critical level threshold from the base date of 2022. In such cases planning permission will only be granted where a suitable mitigation strategy can be identified and secured (through planning obligations or such other appropriate and enforceable planning mechanisms) to avoid an in-combination effect of ammonia deposition on The Mens SAC above the 1% critical level threshold from development.

Amend paragraph:

For both Chichester and Pagham Harbours some of the bird species for which they are designed designated, Brent Geese in particular, use functionally linked supporting habitats around the SPA for feeding and roosting. Developments All development (not just residential or tourism related) on or adjacent to these areas can have an impact could potentially impact the SPAs, separate to and in additional to the impact of recreational disturbance. For Chichester and Langstone Harbours SPA, the Solent Waders and Brent Goose Strategy (https://solentwbgs.wordpress.com/page-2/) identifies the areas of supporting habitat and grades them into four categories: core areas, primary support areas, secondary support areas and low use areas. Guidance on offsetting and mitigation requirements has been produced²⁴, and will be updated as necessary. For Pagham Harbour SPA, a case-by-case approach will be adopted and applicants may be asked to provide bird survey data sufficient for an Appropriate Assessment to be carried out.

²⁴https://solentwbgs.files.wordpress.com/2021/03/swbgs-mitigation-guidance-oct-2018.pdf

Amend 1^st. 3^rd, 4^th, 6^th, 7^th paragraphs.

Policy Text Update:

Policy NE7 Development and Disturbance of Birds in Chichester and Langstone Harbours, Pagham Harbour, Solent and Dorset Coast Special Protection Areas and Medmerry Compensatory Habitat

Development and Disturbance of Birds in Chichester and Langstone Harbours and Solent and Dorset Coast Special Protection Areas

Recreational disturbance

It is Natural England's advice that all All net increases in residential development, either alone or in combination with other developments, within the 5.6km zone of influence are likely to have a significant effect on the Chichester and Langstone Harbours SPA by means of recreational disturbance affecting bird species either alone or in combination with other developments and will need to be subject to the provisions of Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended). In the absence of appropriate avoidance and/or mitigation measures that will enable the planning authority to ascertain that the development would not adversely affect the integrity of the SPA, planning permission will not be granted because the tests for derogations in Regulation 64 are unlikely to be met. Furthermore, such development would not have the benefit of the presumption in favour of sustainable development in the NPPF.

Appropriate avoidance/mitigation measures that are likely to allow the planning authority to ascertain that there will be no adverse effect on the integrity of the SPA will comprise:

1. A contribution in accordance with the joint mitigation strategy outlined in the Bird Aware Solent Strategy; or
2. A developer provided package of measures associated with the proposed development designed to avoid any significant effect on the SPA, provided and funded in-perpetuity; or
3. A combination of measures in (a) and (b) above.

Avoidance/mitigation measures will need to be phased with development and shall be maintained in perpetuity. All mitigation measures in b. and c. above must be agreed to be appropriate by Natural England through the Habitats Regulations Assessment process. They should also have regard to the Chichester Harbour AONB Management Plan.

Loss or degradation of functionally linked habitats

The provisions of this policy do not exclude the possibility that any development some residential schemes either within or outside the zone of influence might may require further assessment under the Habitats Regulations. For example, large schemes, schemes proposing bespoke or alternative avoidance/mitigation measures, or schemes that impinge on the supporting habitats identified by the Solent Waders and Brent Goose Strategy. Such schemes will be assessed on their own merits under Regulation 63 (Appropriate Assessment), and, subject to advice from Natural England. Where mitigation for any impact upon supporting functionally linked habitats is required this should follow the guidance given in the Solent Waders and Brent Goose Strategy.

Development and Disturbance of Birds in Pagham Harbour Special Protection Area and Medmerry Compensatory Habitat

Recreational Disturbance

Net increases in residential development, either alone or in combination with other development, within the 3.5km zone of influence are likely to have a significant effect on the Pagham Harbour SPA by means of recreational disturbance affecting bird species either alone or in combination with other developments and will need to be subject to the provisions of Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended). In the absence of appropriate avoidance and/or mitigation measures that will enable the planning authority to ascertain that the development would not adversely affect the integrity of the SPA, planning permission will not be granted because the tests for derogations in Regulation 64 are unlikely to be met. Furthermore, such development would not have the benefit of the presumption in favour of sustainable development in the National Planning Policy Framework.

Net increases in residential development, which incorporates appropriate avoidance/mitigation measures, which would avoid any likelihood of a significant effect on the SPA, will not require Appropriate Assessment. Appropriate avoidance/mitigation measures that are likely to allow the planning authority to ascertain that there will be no adverse effect on the integrity of the SPA will comprise:

1. A contribution towards the appropriate management of the Pagham Harbour Local Nature Reserve through the joint Chichester and Arun Scheme of Mitigation in accordance with the LNR Management Plan; or
2. A developer provided package of measures associated with the proposed development designed to avoid any significant effect on the SPA; or
3. A combination of measures in (a) and (b) above.

Avoidance/mitigation measures will need to be phased with development and shall be maintained in perpetuity. All mitigation measures in a., b. and c. above must be agreed to be appropriate by Natural England in consultation with owners and managers of the land within the SPA.

Other considerations

The provisions of this policy do not exclude the possibility that some residential any development schemes either within or outside the zone of influence might may require further assessment under the Habitats Regulations. For example, large schemes, schemes proposing bespoke or alternative avoidance/mitigation measures, or schemes proposing an alternative approach to the protection of the SPA and/or the Compensatory Habitat where there is survey or other evidence that the site is used as functionally linked supporting habitats by SPA species, including Brent Geese. Such schemes will be assessed on their own merits, under Regulation 63 (Appropriate Assessment), and subject to advice from Natural England.

Amend criterion 2,5,6,10

Policy Text Update:

Policy NE8 Trees, Hedgerows and Woodlands

Development proposals will be granted where it can be demonstrated that all the following criteria have been met:

1. Proposals conserve and, where appropriate, enhance existing valued and protected trees, hedgerows and woodlands;
2. Development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient trees or veteran trees protected trees, groups of trees and woodland and hedgerows) should be refused unless there are wholly exceptional reasons and a suitable compensation strategy in accordance with relevant legislation, policy and guidelines;
3. Loss or damage of woodland and hedgerows that are priority habitats and non-protected but valued trees, woodland, community orchards, and all hedgerows should be avoided, and if demonstrated as being unavoidable, appropriate mitigation measures provided;
4. Proposals should maximise opportunities for planting of new trees, woodlands and hedgerows to contribute to biodiversity net gain, green infrastructure and nature recovery strategies and networks. In addition, proposals will be required to plant two trees for each one lost through development; provide new planting to thicken existing hedgerows, and fill in all gaps in all hedgerows;
5. Proposals should have a minimum buffer zone of 15 metres from the boundary of ancient woodland or veteran trees to avoid root damage (known as the root protection area). Where assessment shows other impacts are likely to extend beyond this distance, the proposal is likely to need a larger buffer zone;
6. All major development proposals will be required to provide street tree planting unless there are clear, justifiable and compelling reasons why this would be inappropriate;
7. Development proposals must demonstrate that appropriate protection measures are in place prior to any work on site and throughout the development process as part of a tree protection plan;
8. Suitable opportunities for the restoration, enhancement or planting of trees, woodland, and hedgerows are identified and incorporated into a comprehensive landscaping plan; and
9. Where appropriate, the council will seek minimum five-year maintenance and management plans to accompany the soft landscaping proposals.
10. Trees proposed for landscaping and replacement planting should be selected from a diverse range and variety of native species, cultivars and near native species to help provide long-term resilience to pests, diseases and climate change.

The council will consider development proposals against the requirements and standards contained in legislation as well as current local and national guidance and practice.

Delete final sentence:

Whilst the council is not introducing proposals in the Local Plan to reinterpret or re-align the canals, historical alignments will be safeguarded and their re-establishment encouraged. Any proposals for reinstatement of canal features will need to demonstrate that the culture, history and natural environment will be protected and enhanced. In addition, such proposals must assess and take into account their impact upon local biodiversity, landscape, and the amenity of occupiers of land and water nearby. Proposals for development may need to include an ecological study and a transport assessment to identify how proposals will avoid or mitigate any potential impact. Development proposals within the vicinity of and which may impact the canals may be subject to Appropriate Assessment.

Amend paragraph:

The plan area's countryside is an important and diminishing resource. It is valued for many reasons, including agriculture and community food production, its landscape qualities including the special qualities characteristics of Chichester Harbour and character of Pagham Harbour, the setting it provides for Chichester city and other towns and villages and the opportunities it provides for recreation and biodiversity. The countryside in the plan area will be protected from the urbanising impacts of development which can arise from the impact of buildings, structures, lighting, traffic and other activities. The character and appearance of the countryside, biodiversity and the amenities and opportunities that it offers will be enhanced.

Amend criterion 1, 3.

Policy Text Update:

Policy NE10 Development in the Countryside

Outside settlement boundaries as defined on the policies map, planning permission will be granted for sustainable development in the countryside where it can be demonstrated that all the following criteria have been met:

1. The sustainability of the site is enhanced by improving or creating any opportunities to access the site by walking, cycling and public transport;
2. The scale, form, bulk, siting, design and materials proposed are appropriate to their countryside location and will not cause unacceptable harm to their rural setting;
3. Proposals conserve and enhance the key features and qualities of the rural and landscape character of the countryside setting including biodiversity whilst avoiding any adverse impact upon Nature Recovery Networks;
4. The proposal is well related to an existing farmstead or group of buildings or located close to an established settlement.
5. The proposal is complementary to or compatible with its countryside location and does not prejudice any viable agricultural operations or other existing viable uses.

In addition to meeting the above criteria, proposals for alterations, change of use and/or re-use of existing buildings in the countryside will be permitted where it can be demonstrated that the following relevant criteria have been met:

1. The building is structurally sound and is capable of conversion without the need for significant extension, alteration or rebuilding;
2. It has been demonstrated that economic and community uses have been considered before residential, with residential uses only permitted if economic and community uses are shown to be inappropriate and unviable;
3. Subject to meeting criteria A and B, proposals for the conversion of existing buildings will be permitted where they support sustainability in rural areas.

Development/conversions that would create new isolated homes in the countryside will be avoided unless there are special circumstances as outlined in Government policy.

Applications for retail development in the countryside will be considered where it has been demonstrated that the appropriate sequential and/or impact assessments have been undertaken.

Local/small-scale farm shops will be permitted provided they sell goods that have predominantly been produced on the farm.

Amend paragraph:

In February 2021, Natural England published a condition review of the intertidal, subtidal and bird features of the Chichester Harbour SSSI and European designated sites (SAC, SPA, Ramsar).

Amend paragraph:

Since designation, almost half (46%) of the saltmarsh has been lost, with the remainder of poor quality. Much of this loss is due to hard coastal defences that constrain natural processes, habitats moving landward as sea levels increase, particularly in response to climate change - this is known as coastal squeeze. There have been dramatic declines in many over-wintering and breeding bird species due in part to habitat loss and disturbance and an increase in opportunistic macroalgae in the inner parts of the harbour covering mudflat habitat, indicating high nutrient enrichment levels affecting water quality.

Amend paragraph:

The council has a similar working relationship with Arun District Council with regard to Pagham Harbour (SSSI, SPA, Ramsar). The RSPB manages Medmerry Compensatory Habitat and Pagham from a nature conservation perspective. Natural England is currently reviewing the condition of Pagham Harbour.

Amend paragraph:

Two Shoreline Management Plans (SMPs) set the strategic framework for managing the future of the coastline in a sustainable way. Strategies and projects will be established and /delivered by a range of other organisations and groups in the context of the relevant SMP subject to necessary permissions and assessments, including environmental. These SMPs are non statutory and implementation is subject to funding.

Amend paragraph:

Across the Solent, the Regional Habitat Compensation and Restoration Programme (HCRPRCHP), led by the Environment Agency in partnership with Natural England, Coastal Partners, local authorities and other organisations, strategically delivers the creation of new coastal and wetland habitats to replace those damaged or lost by flood or coastal defence works and sea level rise.

Additional sentence to 1^st paragraph.

Amend 1^st bullet point.

Amend 3^rd and 4^th paragraphs.

Additional footnote.

Policy Text Update:

Policy NE11 The Coast

The council will continue to work with partner organisations and authorities to protect and enhance the Plan's coastal areas, including around Chichester Harbour, Pagham Harbour, Medmerry Compensatory Habitat and the open coast, whilst ensuring they continue to provide an important recreational, economic and environmental resource. Undeveloped areas of low lying land around Chichester Harbour are prioritised for opportunities that actively restore coastal habitats or work with natural processes to address climate impacts and loss of biodiversity.

The council will support:

• ongoing habitat protection, restoration, enhancement and creation, including both compensatory and new coastal and wetland habitats to help meet the 30 by 30 targets set out in the Environmental Improvement Plan 2023²⁶; and opportunities to connect coastal and freshwater habitats and floodplain habitats at a catchment scale to facilitate wider nature recovery;
• careful location, design and review of flood defences to adapt to climate change and sea level rise, to reduce coastal squeeze and support natural processes;
• appropriate leisure and recreational uses, including water-based activities, and marine employment uses, including those which require direct access to water; where these uses avoid adverse environmental impacts.

Specific schemes to deliver new or improved saltmarsh and other coastal habitat will be identified through partner projects such as Nature Recovery Strategies, the Regional Habitat Compensatory Compensation and Restoration Programme and the Chichester Harbour Protection and Recovery of Nature project (CHaPRoN) and once identified will be included in the Infrastructure Business Plan.

When considering development proposals, the opportunities for coastal/wetland habitat protection, restoration, creation and enhancement, and where relevant, the compatibility with identified habitat schemes, must be considered. Other relevant plans including Shoreline Management Plans, the South Marine Plan, the Chichester Harbour Management Plan, River Basin Management Plans, Flood Risk Management Plans and Catchment Plans for the Arun and Western Streams should also be taken into account.

²⁶https://www.gov.uk/government/publications/environmental-improvement-plan

Amend paragraph:

Easy access for plant and vehicles from the highway to the sea wall/beach is essential to the efficient and effective maintenance and repair of storm damage to coast protection and sea defence works. The Environmental Permitting Regulations 2016 require the consent of the Environment Agency to be obtained for any works between low water mark and a line 16 metres from the landward side of any sea the defences it maintains. This A 16-metre strip of land is required for access for maintenance, emergency works and/or future improvement and the council will ensure the land is safeguarded from obstruction. This may be done by a condition on an approval removing permitted development rights, such as where the land is part of an existing garden or if necessary, by refusal of an application for safety and access relating to coastal defence.

Delete final sentence:

Development close to the sea can be damaged by wave and wind-borne sand, grit and shingle and chemical degradation of materials from saltwater and spray. The council therefore requires new buildings to be set back at least 25 metres to safeguard the building and its users, unless the development is a marine based business with a clear functional need to be closer to the water. No new residential uses would be appropriate within this zone. This additional distance on top of that required for access is to provide protection against overtopping shingle around the open coast. and to allow for future erosion at a rate of 0.1 metres per year around Chichester and Pagham Harbours.

Amend paragraph:

Reference must be made to the relevant Shoreline Management Plan and Coastal Defence Strategy to ensure that any proposed development is not affected by a coastal management policy or "managed realignment" or "no active intervention". Even in areas where the policy is "hold the line" there is no guarantee of future funding, and it is anticipated that all coastal protection schemes will require a degree of contribution in order to secure government grant. Although no coastal change management areas are proposed in this plan, the use of a 25m buffer around the coast allows for a degree of coastal change. The National Coastal Risk Management work of the Environment Agencyis also a consideration, particularly around Chichester Harbour where setting back development can make space for nature and floodable areas.

Add new criterion 2, 9, 10.

Amend text.

Policy Text Update:

Policy NE12 Development around the Coast

Planning permission will be granted for development on the coast where it can be demonstrated that:

1. There are no harmful effects on or net loss of nature conservation or areas of geological importance, within the Chichester and Pagham Harbours and Medmerry Compensatory Habitat (including no adverse effects on the integrity of associated European designated sites);
2. Development would not result in or exacerbate coastal squeeze of any coastal designated European site or prevent managed realignment necessary to protect the sites;
3. 2. The development Development provides recreation opportunities, that does not adversely affect the character, environment and appearance of the coast and Chichester Harbour Area of Outstanding Natural Beauty; or result in adverse effects of integrity to European designated wildlife sites;
4. 3. A high quality and inclusive design of new buildings in coastal locations has been achieved in accordance with other relevant design and historic environment policies;
5. 4. There are measures in place to mitigate any detrimental effects including where appropriate the improvement of existing landscapes relating to the proposal;
6. 5. Where appropriate, opportunities have been taken to upgrade existing footpaths and cyclepaths, enhance the England Coast Path and ensure that public access is retained and provided to connect existing paths along the waterfront;
7. 6. Where relevant, the development would result in improvements to or redistribution of moorings, marine berths or launch on demand facilities (dry berths) in the harbours, whilst also ensuring that any small scale loss of intertidal habitat within the designated sites is compensated for; and
8. The development would not be detrimental to infrastructure for, and quality of, water-based recreation, or to the safety of navigation;
9. The development can demonstrate consideration of and adaptation to future climate scenarios and their potential impacts, including, but not limited to, shading, surface water flooding, erosion, wind blown sand, wave driven shingle; and
10. The development does not hinder coastal processes with regard to designated sites.

A strip of land of at least 16 meters immediately behind the landward edge of any the existing or proposed sea defence or coast protection works should be kept clear to allow access for maintenance or repair.

Around Chichester Harbour and Pagham Harbour the open coast new and replacement buildings should be setback in line with expected property lifetime and estimated undefended erosion rates (based on NCERM) and at least 25 metres from the highest astronomical tide to account for erosion and make space for nature, including floodable areas which could be returned to saltmarsh.

Around the open coast, development should be set back at least 25m from the landward edge of the existing or proposed sea defence or coast protection works in order to prevent storm damage to buildings.

Around Chichester Harbour and Pagham Harbour the 25m setback should be measured from the mean high water level to allow for future erosion.

Development for non-residential uses with a functional need to be closer to the water should be accompanied by an assessment of the development's vulnerability to coastal change to ensure any risk is suitably mitigated and managed and that the proposals do not hinder any coastal defence or management scheme.

Replacement buildings will be permitted unless there is evidence that the existing or demolished property has been damages as a result of the effect of wind and waves. Replacement buildings should be set further back whenever possible.

At boatyard and marina sites within the coastal area the council will permit water compatible development associated with boat building, and the fitting out, maintenance and repair of boats and ancillary uses, provided that it does not:

1. Jeopardise the safety and ease of navigation on the water or have a detrimental impact on the regime of any the river;
2. Harm nature conservation (particularly in relation to loss of intertidal habitat), landscape or heritage interests; or
3. Damage water quality.

Exceptionally, development or redevelopment incorporating a modest amount of floorspace for non-boat related uses may be permitted where it has been demonstrated that such a use is appropriate to and needed to secure the future of a boatyard or marina, and the development will complement the use of the site and/or the enjoyment of the water. A marketing report as set out in Appendix C will be needed to show that the site is no longer needed for its current use

Amend criterion 2.

Amend criterion 5.

Policy Text Update:

Policy NE13 Chichester Harbour Area of Outstanding Natural Beauty

The impact of individual proposals and their cumulative effect on Chichester Harbour AONB and its setting will be carefully assessed. Planning permission will be granted where it can be demonstrated that:

1. The natural beauty and locally distinctive features of the AONB are conserved and enhanced;
2. Proposals reinforce and respond to, rather than detract from, the distinctive character and special qualities of the AONB as defined in the Chichester Harbour AONB Management Plan;
3. Either individually or cumulatively, development does not lead to actual or perceived coalescence of settlements or undermine the integrity or predominantly open and undeveloped, rural character of the AONB and its setting, including views into and from the South Downs National Park;
4. The development is appropriate to the economic, social and environmental well-being of the area or is desirable for the understanding and enjoyment of the area;
5. The development is consistent with the policy aims of the Chichester Harbour AONB Management Plan and Joint Chichester Harbour AONB SPD. ; and.
6. New development is set back at least 25m from the mean high water level line with Policy NE12, with replacement buildings set further back whenever possible.

Proposals for major development²² will be refused other than in exceptional circumstances, and where it can be demonstrated to be in the public interest, as set out in the National Planning Policy Framework.

²²For this purpose, the NPPF sets out that whether a proposal is 'major development' is a matter for the decision maker, taking into account its nature, scale and setting, and whether it could have a significant adverse impact on the purposes for which the area has been designated or defined

Amend 2^nd bullet:

• Environmental designations cover, or impact on, most of the Peninsula, including the Chichester and Langstone Harbours SAC/SPA/Ramsar sites, Pagham Harbour SPA/Ramsar site and Marine Conservation Zone, Solent and Dorset Coast SPA, Solent Maritime SAC, Selsey Bill and The Hounds MCZ, the Chichester Harbour AONB, the Medmerry Compensatory Habitat and the Chichester Canal. The Manhood Peninsula Partnership and Manhood Wildlife Heritage Group have also been designated by Natural England and DEFRA as Nature Recovery Network Delivery Partners.

New paragraph after 4.89. Moved from policy text:

Applicants are strongly encouraged to address proposals for the coastline and coastal communities as set out in Coastal Defence, Flood Defence and Climate Change Strategies and Guidance; Shoreline Management Plans and Catchment Flood Management Plans; the South Marine Plan; relevant Marine Conservation Zone Designation Orders; and Surface Water and Drainage Management Plans.

Delete criterion 2. Move to supporting text.

Amend criterion 4.

Policy Text Update:

Policy NE14 Integrated Coastal Zone Management for the Manhood Peninsula

Proposals and initiatives that promote the following general objectives will be supported:

1. Facilitate the economic, environmental and social well-being of the area;
2. Applicants are strongly encouraged to address proposals for the coastline and coastal communities as set out in Coastal Defence, Flood Defence and Climate Change Strategies and Guidance; Shoreline Management Plans and Catchment Flood Management Plans; the South Marine Plan; relevant Marine Conservation Zone Designation Orders; and Surface Water and Drainage Management Plans;

2. 3. Increase resilience to climate change by contributing to greater safeguarding of property from flooding or erosion. Enable the area, pattern and lifetime of development to adapt to change, including the relocation of current settlement areas, vulnerable facilities and infrastructure that might be directly affected by the consequences of climate change;
3. 4. All development proposals should seek to enhance the distinctive character of the Manhood Peninsula, having particular regard to the ecology (including the potential to contribute to any nature recovery networks), landscape and heritage of the area.
4. 5. Due to high groundwater levels and the low-lying nature of the Peninsula, any development and associated Sustainable Drainage System (SuDS) must not negatively affect the hydrological conditions or flood risk of neighbouring land or buildings and should contribute to the flood resilience and biodiversity of the peninsula. Open SuDS that support biodiversity should be encouraged where possible.
5. 6. Improve infrastructure to support sustainable modes of transport, especially direct cycle routes, bridleways and footpaths, including the canal towpath and National Coastal Footpath; and
6. 7. Provide the means of supporting regeneration which allows for climate change resilience and adaptation and nature recovery for the Manhood Peninsula, whilst aiding growth of existing local economy employment areas.

Amend 1^st and 4^th paragraph.

Amend criterion 1, 2, 4.

New criterion f.

Policy Text Update:

Policy NE15 Flood Risk and Water Management

Flood and erosion risk will be taken into account at all stages of the planning process to avoid inappropriate development in areas at current or future risk of flooding, from any source. Development will be directed to areas of lowest flood risk applying the sequential test and where relevant the exception test where relevant. The starting point for application of the sequential test will be the latest Chichester Strategic Flood Risk Assessment (SFRA) (which includes a sequential test methodology).

Development should not increase the risk of flooding elsewhere, taking into account the cumulative effects of other development, and should seek to achieve a reduction in flood risk for existing communities on and off site.

Where development is necessary in a location at risk of flooding, and has passed the sequential test, then the exception test must also be passed.

Around the coast, including the harbours, new buildings should be set back at least 25 metres in line with Policy NE12 (Development Around the Coast).

Elsewhere, new development should be set back at least 8m from fluvial watercourses (including when within culverts) and 16 m from tidal watercourses to allow easy access for maintenance and repair.

All development proposals must demonstrate that:

1. New site drainage systems are designed to cope with residual flood risks events that exceed the normal design standard, such as by considering flood flow routing and using temporary storage areas;
2. There is no increase in either the volume or the rate of surface water run-off leaving the site. Where development is on a brownfield site, run off rates should be reduced to match those of greenfield rates sites wherever possible; and
3. Development would not result in or exacerbate coastal squeeze of any European site or prevent managed realignment necessary to protect the European sites.
4. For vulnerable development, finished floor levels should be no lower than a minimum of whichever is higher of 300mm above the:

• 300mm above average ground level of the site
• 300mm above the adjacent road level to the building
• 300mm above predicted significant fluvial/tidal flood level (Fluvial 1 in 100year /Tidal 1 in 200 year plus latest climate change allowances) for the lifetime of the development
• average ground level of the site
• the adjacent road level to the building
• predicted significant fluvial/tidal flood level (Fluvial 1 in 100 year / Tidal 1 in 200 year plus latest climate change allowances) for the lifetime of the development.

Construction materials that have low permeability up to at least the same height as finished floor levels should be used. If it is not practical to raise floor levels to those specified above, consultation with the Environment Agency will be required to determine alternative approaches. This includes replacement dwellings.

Sustainable Drainage Systems should be designed into the landscape of all major development, and all development that needs a site-specific flood risk assessment; in order to reduce surface water flow, to provide flood mitigation and improve water quality. Clear and funded management arrangements must be in place for the lifetime of the development. The use of SuDs on smaller sites is encouraged.

Site-specific flood risk assessments will be required for all relevant proposals as set out in the NPPF and the Planning Practice Guidance and/or relevant guidance issued by the Environment Agency and LLFA. Development will only be allowed in flood risk affected areas where, in light of this assessment, and the sequential and exception tests as applicable, it is clear that:

1. The proposal addresses the specific requirements of the site, including adaptation and mitigation measures to reduce flood risk, locating the most vulnerable uses in the area of the site with lowest flood risk, and where a residual flood risk remains, incorporates protection, resilience and resistance measures which are appropriate to the character and biodiversity of the area;
2. The development will be safe, including access and egress, without increasing the flood risk elsewhere, and where possible, will reduce flood risk overall. A site-specific flood warning and evacuation plan will be required where residual flood risk remains;
3. In the event of a flood the development could be quickly brought back into use without significant refurbishment;
4. The development would not constrain the natural function of the flood plain, either by impeding flood flow or reducing storage capacity, and that consideration has been given to opportunities for natural flood management;
5. Where strategic flood defence or adaptation measures are necessary within the site, these are designed as an intrinsic part of the scheme.; and
6. Where applicable, any loss of flood storage from any source of flooding in the fluvial floodplain should be compensated for on a level-for-level basis, ideally on-site. Compensation should be hydraulically and hydrologically linked to the floodplain, but not within it.

All development proposals must take account of relevant Strategic Flood Risk Assessments, Surface and Foul Water Drainage SPD, relevant Surface Water Management Plans, South East River Basin Management Plan, Catchment Flood Management Plans, Shoreline Management Plans, The Marine Plan South, Coastal Defence Strategies, Flood Risk Management Plans and any other related flood defence plans and strategies as well as national guidance.

Amend paragraph:

Southern Water is preparing a Drainage and Wastewater Management Plan (DWMP) for the Arun and Western Streams area which will consider the options and priorities for the conveyance and treatment of wastewater over the next 25 years. This includes considering the impacts of climate change and the potential need to relocate works affected by sea level rise in future. The DWMP has been used to inform the Local Plan and associated development strategy. Southern Water's Drainage and Wastewater Management Plan (DWMP) for the Arun and Western Streams is a 25 year plan that looks holistically at a range of issues in the catchment and strategic options for addressing them; such as pollution, combined sewer overflow performance, growth, water quality improvements, maintenance requirements, infiltration and sewer flooding. Chichester District Council officers have been fully engaged in the preparation of the DWMP which was published in June 2023, to ensure that proposals emerging in the Local Plan were taken into account. The DWMP feeds into OFWAT's Price Review process (PR24) which informs investment for the 2025-30 Asset Management Plan period (AMP8). DWMPs, which are now statutory, will be reviewed every 5 years to inform water company business plans for future AMP periods, allowing an iterative approach to planning for growth. More information is available on Southern Water's DWMP webpages.

Amend paragraph:

A position statement to manage development in the Thornham Wastewater Treatment Catchment where headroom is environmentally constrained was agreed in November 2021 and is relevant to determining planning applications in the catchment.

Amend 2^nd paragraph.

Amend Water Efficiency criterion b.

Delete Water Quality and Wastewater criterion f, g. New criterion f.

Delete Residential Catchment 1^st paragraph, criterion a. Amend criterion c.

Delete final title and paragraph.

Policy Text Update:

Policy NE16 Water Management and Water Quality

Water Supply

Development proposals will be permitted that demonstrate:

1. Sufficient water supplies can be provided prior to occupation to serve the development and;
2. Provision of a water supply is not considered detrimental to existing abstractions, river flows, water quality, fisheries, amenity or nature conservation.

Water Efficiency

All new residential proposals must demonstrate that a maximum water consumption of 110 litres per person per day including external water use will be achieved, and lower water use will be encouraged. A tighter target applies to development in the Southern Sussex Water's North Water Resource Zone Sussex North as set out in policy NE17.

1. Water efficiency of non-residential uses will be assessed using the BREEAM New Construction Standard and should achieve at least 3 credits.
2. In addition to improving water efficiency, water neutrality will be required for all development in Southern Water's Water Resource Supply Zone Sussex North in line with Policy NE17 and encouraged elsewhere in the plan area. This is likely to require offsetting of water use.

Water Quality and Wastewater:

Development proposals will be permitted that demonstrate:

1. the development has no adverse impact on the quality of water bodies and groundwater, nor will it prevent future attainment of favourable conservation status, taking into account agreed mitigation measures where necessary;
2. the development contributes positively to the water environment and its ecology and does not adversely affect surface and ground water quality;
3. no surface water from new development will be discharged to the public foul or combined sewer system;
4. development is phased to align with the delivery and operation of new or improved wastewater infrastructure where this is required;
5. the provision of water infrastructure is not considered detrimental to the water environment, including existing abstractions, river flows, water quality, fisheries, amenity and nature conservation; and
6. compliance with position statements that may be agreed with partners in relation to wastewater; and
7. compliance with the Surface Water and Foul Drainage and Wastewater Management Supplementary Planning Document or future replacement

6. that they will connect to the public foul sewer. Alternatives will only be considered if it is demonstrated that all options for connection to the public foul sewer have been explored and that such connection is not possible.

Residential development within the catchment of the Apuldram (Chichester) Wastewater Treatment Works

Development in the catchment will be permitted that demonstrates:

1. Through a drainage impact assessment, that the development complies with the principles set out in the latest Apuldram Position Statement.

1. b) New development outside of the settlement boundaries of Chichester, Fishbourne and Stockbridge will not drain to the Apuldram WwTW.
2. c) Major development (10+ dwellings) within the settlement boundaries of Chichester, Fishbourne and Stockbridge will result in no net increase in flows to the sewer network of the Apuldram WwTW. This should be demonstrated in a drainage impact assessment.
3. d) Minor development (1-9 dwellings) within the settlement boundaries of Chichester, Fishbourne and Stockbridge, may be able to connect but should seek to achieve no net increase in flows wherever possible.

Residential development within the catchment of the Thornham Wastewater Treatment Works

A drainage impact assessment should show that the development complies with the principles set out in the latest Thornham Position Statement.

Amend paragraph:

Part of the Chichester plan area in the northeast of the district lies within the Sussex North Water Resource Zone (WRZ). This WRZ is supplied by the Pulborough groundwater abstraction site abstracting from the Folkstone beds of the Lower greensand/Wealden greensand semi-confined aquifer. As well as covering part of the Chichester plan area, the WRZ includes areas within Crawley Borough, Horsham District and the South Downs National Park. Within the WRZ, water is mains-distributed by Southern Water.

Amend paragraph:

The abstraction site is located on the River Arun close to a group of nature conservation sites, known as the Arun Valley Sites, that are nationally or internationally designated as Special Areas of Conservation, a Special Protection Area and Ramsar Site for their rare and protected habitats. On 14 September 2021, local planning authorities covered by the WRZ received a position statement from Natural England. This explained it could not be concluded that extraction was not having an impact on the Arun Valley Sites and that development must not add to this impact. Given the high level of regulatory protection afforded to the Arun Valley Sites as a result of their designation, this requires local planning authorities to demonstrate that development plan documents and planning decisions will not have an adverse effect on the sites. The most feasible method to To achieve this, is to require that development must be water neutral (i.e. not increase the demand for water above current rates of abstraction).

Amend paragraph:

In order to ensure that water supplies can be maintained and the environment protected, the affected local authorities have worked with consultants, Natural England, Southern Water, the Environment Agency and others to produce a Water Neutrality Strategy. To deliver new development, the Strategy outlines why and how all new development must be highly water efficient to contribute to achieving water neutrality. This means that all development will need to be designed to achieve water efficiency standards above the requirements set by the optional requirements in Building Regulations - new residential development will be required to use no more than 85 litres per day and non-residential buildings required to achieve 3 credits within the BREEAM water issue category. Achieving these higher levels of efficiency will enable the strategy to provide necessary offsetting more effectively, thereby reducing offsetting costs and ensuring viability for development within the WRZ. This may include incorporating a range of measures, such as greywater recycling and rainwater harvesting into the design of new development, and fitting water saving fixtures such as flow regulators, low flush toilets, low volume bath, aerated taps and water efficient appliances (in particular, washing machines and dishwashers).

Amend paragraph:

The Water Neutrality Strategy shows that water efficient design will not be sufficient alone to achieve water neutrality, as new development would still increase the demand for water above existing levels. As a consequence, this additional demand will need to be offset against existing supplies. It is envisaged this will be achieved through demand management savings identified in Southern Water's Water Resource Management Plan, together with measures to be identified in a joint local planning authority and South Downs National Park Authority-led Offsetting Implementation Scheme (OIS) being prepared. Achieving high levels of water efficiency will enable the OIS to provide necessary offsetting more effectively, thereby reducing offsetting costs and ensuring viability for all development within the WRZ.Those using the OIS to offset water, will 'buy in' to the scheme at a level to ensure their development achieves water neutrality. Offsetting is expected to be provided prior to the occupation of new developments and this shall be secured through the development management process.

Amend paragraph:

The Water Neutrality Strategy provides evidence that the amount of development proposed in the affected area in this Local Plan, and in Local Plans of the other affected authorities, would not increase abstraction at Pulborough and, thus, would not negatively impact on the Arun Valley Sites. Recognising that the capacity of water offsetting the OIS can provide may be limited at particular points in time during the plan period, the authorities will have to monitor use across the WRZ and manage access to the OIS to ensure sufficient water capacity exists to ensure water neutrality is achieved when permissions are granted. Offsetting capacity in the OIS is not limitless and access will be managed by the local authorities and the SDNPA to ensure there is sufficient capacity in the OIS to demonstrate water neutrality in schemes that are approved. The authorities will publish, and keep regularly updated, a Scheme Access Prioritisation Protocol (SAPP) to show how access to the offsetting in the OIS will be managed. Infrastructure necessary to support planned growth, such as schools, will be prioritised in the SAPP.

Amend paragraph:

Applicants will have to demonstrate their scheme is water neutral within a water neutrality statement submitted as part of any application within the WRZ. Should applicants not seek to utilise the OIS, certainty of delivery of alternative offsetting will need to be demonstrated. The Water Neutrality Statement applications should also provide full details of the offsetting scheme that their development would rely upon. Similarly, certainty of alternative supply will need to be demonstrated in the Water Neutrality Statement. For connection to an alternative water company, this could be achieved by confirming that the alternative water company has sufficient capacity and will take on supply to the development. For a private supply borehole or other source of supply, this will require evidence that sufficient water supply is available to meet demand arising from the proposed development, and demonstrating with certainty that the alternative supply source does not impact upon the Arun Valley sites. To provide the necessary certainty, measures to deliver water neutrality will need to be secured through the development management process.The council will seek to provide additional guidance to further assist applicants with water neutrality statements. Offsetting schemes can occur in any part of the WRZ, with the exception of the Bramber/Upper Beeding area in Horsham District identified on the WRZ Map - unless the development is also proposed in that area. This is on the basis water in this part of the WRZ is usually provided by a water source other than the Pulborough abstraction site.

New criterion 2, d and e.

Amend criterion 2, 3, 4.

New criterion 7.

Delete criterion 5 (moved to 2).

Policy Text Update:

Policy NE17 Water Neutrality

1. All development within the Sussex North Water Resource Zone (WRZ) will need to demonstrate water neutrality through water efficient design and offsetting of any net additional water use of the development. This is to be achieved by ensuring that:

Water Efficient Design

1. New residential development is designed to utilise no more than 85 litres of mains supplied water per person per day;
2. New non-domestic buildings to achieve a score of 3 credits within the water (WAT01 Water Consumption) issue category for the BREEAM Standard or an equivalent standard set out in any future update;

And

Offsetting Water Use

3. Development proposals must demonstrate that having achieved water efficient design, any remaining mains-supplied water use from the development is offset such that there is no net increase in mains-supplied water use within the WRZ compared with pre-development levels.

Water Neutrality Statement

2. A water neutrality statement will be required to demonstrate how policy requirements have been met in relation to water supply, water efficient design and offsetting. The statement shall provide, as a minimum, the following:

1. baseline information relating to existing water use within the development site;
2. full calculations relating to expected water use within a proposed development; and
3. full details of how any remaining water use will be offset.

Offsetting Schemes

3. 2. A local planning authority led and South Downs National Park Authority (SDNPA)-led water offsetting scheme will be introduced to bring forward development and infrastructure supported by Local and Neighbourhood Plans. The authorities will manage access to the offsetting scheme to ensure that sufficient water capacity exists to accommodate planned growth within the plan period.

4. 3. Development proposals are not required to utilise the local planning authority and SDNPA-led offsetting scheme and may bring forward their own offsetting schemes. Any such development proposals will need to have regard to the local authority and SDNPA-led offsetting scheme and associated documents.

5. Offsetting schemes can be located within any part of the WRZ, with the exception that offsetting will not be accepted within the Bramber/Upper Beeding area identified on the WRZ map, unless the application site is located within the Bramber/Upper Beeding area.

Alternative Water Supply

6. 4. Where an alternative water supply is to be provided, the Water Neutrality Statement statement will need to demonstrate that no water is utilised from sources that supply the Sussex North WRZ. The wider acceptability and certainty of delivery for of alternative water supplies will be considered on a case-by-case basis.

Area of Serious Water Stress

7. Should the need to demonstrate water neutrality no longer be required, new residentialdevelopmentmustbedesignedtoutilisenomorethan110litresof mains supplied water per person per day, as per the Building Regulations optional requirement for tighter water efficiency and Policy NE16. For non-domestic buildings, theminimumstandardsforBREEAM'Excellent'withintheWatercategorywill apply. Should tighter national standards be introduced during the Local Plan period applicable for areas of serious water stress, they will be applied.

Water Neutrality Statement

5. A water neutrality statement will be required to demonstrate how policy requirements have been met in relation to water supply, water efficient design and offsetting. The statement shall provide, as a minimum, the following:
   1. baseline information relating to existing water use within a development site;
   2. full calculations relating to expected water use within a proposed development; and
   3. full details of how any remaining water use will be offset.

Amend paragraph:

New sentence to refer to Policy NE16:

To ensure there is no net increase and where possible a net reduction in nutrients to the Harbour, all relevant developments within the Solent catchment, which includes Chichester and Langstone Harbours SPA/Ramsar, will need to demonstrate that they are nutrient neutral, either by their own means or through contributions to an agreed nutrient mitigation scheme, for the lifetime of the development. This requirement applies to residential development, tourist attractions and other development involving an overnight stay. Where other types of development have an impact on water quality this can be considered under Policy NE16. The relevant catchments are identified in advice published by Natural England. This advice, together with other information and guidance, including a Solent nutrient budget calculator which should be used to prepare a nitrogen budget to accompany applications, and Natural England's Framework Approach for Responding to Wetland Mitigation Proposals; is available on the council's Nutrient Neutrality webpage. Natural England is due to complete a condition assessment for Pagham Harbour in 2023. Any guidance they produce as a result will be considered a material consideration at that stage, together with Policy NE16 on Water Management and Water Quality.

New 2^nd paragraph.

Policy Text Update:

Policy NE19 Nutrient Neutrality

Development involving an overnight stay (including in dwellings and all forms of holiday accommodation) that discharges into Chichester and Langstone Harbour SPA/ Ramsar (either surface water, non mains drainage development or through wastewater treatment works) will be required to demonstrate that it will be nutrient neutral for the lifetime of the development, either by its own means or by means of agreed mitigation measures.

Where wetlands are used as mitigation they should be designed having regard to the Framework Approach for Responding to Wetland Mitigation Proposals.

Amend 3^rd paragraph.

New 4^th paragraph.

Policy Text Update:

Policy NE20 Pollution

Development proposals must be designed to protect, and where possible, improve upon the amenities of existing and future residents, occupiers of buildings and the environment generally.

Development proposals will need to address the criteria contained in, but not limited to, the policies concerning water quality; flood risk and water management; nutrient mitigation; lighting; air quality; noise; and contaminated land.

Where development is likely to generate significant adverse impacts by reason of pollution, the council will require that the impacts are minimised and/or mitigated to an acceptable level within appropriate local/national standards, guidance, legislation and/or objectives.

During construction activities, pollution prevention measures should be taken on a development site including but not limited to: appropriate storage of hazardous substances; suitable management of surface water to prevent pollutants reaching watercourses and provision of equipment for containing spills.

Amend text.

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Policy Text Update:

Policy NE21 Lighting

Where development involves an outdoor lighting scheme and where relevant an indoor lighting scheme (supermarkets, glasshouses etc.), proposals will be permitted where it can be demonstrated that all of the following criteria have been addressed:

1. The detailed lighting scheme has been prepared in line with relevant British Standards and the latest national design guidance;
2. The design minimises unnecessary glare and spillage;
3. There is no significant adverse impact on neighbouring development, nature conservation and biodiversity or the wider landscape;
4. Light levels are the minimum required for safety, operational and security purposes, taking account of the existing location and character of the area; and
5. A lighting assessment will be required in sensitive locations such as the Chichester Harbour AONB and its setting, strategic wildlife corridors and in some other areas occupied and used by wildlife including light sensitive bat species. Such assessment will need to demonstrate how the policy criteria will be met and set out any proposed mitigation in a lighting strategy.

Proposals in, adjacent, or near to areas with Dark Skies Discovery Sites designations or the SDNPA's International Dark Skies Reserve must also demonstrate that there will be no significant adverse effects on the visibility of the night sky. Where appropriate, the council will seek to control the times and intensity of illumination.

The Council will consider development proposals against the requirements and standards contained in legislation and current local and national guidance.

Amend criterion 1, 4.

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Policy Text Update:

Policy NE22 Air Quality

Development proposals will be permitted where it can be demonstrated that all the following criteria have been addressed:

1. Development is located and designed to minimise traffic generation and congestion through access to sustainable transport modes, including maximising access to public transport routes and provision of pedestrian and cycle networks;
2. Development that creates or results in pollution including particulates, dust, smoke, pollutant gases or odour is designed to minimise and mitigate impact on the amenities of users of the site and surrounding environment including wildlife habitats to an appropriate level;
3. Where development is close to an existing use that has potential to impact on the amenity of the proposed development through dust, particulates, pollutant gases and/or odour then an air quality assessment will be required to identify the potential impact on the area and detail the mitigation measures required;
4. Where development is likely to have a negative impact on an Air Quality Management Area, or other areas of poor air quality and/or has the potential to cause an AQMA or poor air quality, then an air quality assessment will be required. The air quality assessment will need to identify the potential impact on the area and detail the mitigation measures required to avoid, reduce and where appropriate, offset the identified impact.

The council will consider development proposals against the requirements and standards contained in legislation and current local and national guidance.

Amend paragraph:

Residential and other noise sensitive development proposals located in close proximity to noise sources, including transport, leisure, commercial and industrial operations, should be accompanied by a noise impact assessment to determine the suitability of the site for the development proposed. Development proposals, where acceptable in principle, should demonstrate good acoustic design incorporated within the scheme, informed by relevant guidance.

Amend criterion 1.

Delete final paragraph.

Policy Text Update:

Policy NE23 Noise

Planning permission will be granted where it can be demonstrated that the following criteria have been addressed:

1. Where noise sensitive development is proposed, a high-quality living environment is provided with acceptable levels of amenity for future occupiers by seeking to avoid noise that gives rise to significant adverse impacts on health and quality of life achieve an absence of significant noise disturbance or annoyance as well as no significant adverse impact on the operation of nearby noise generating uses. Where the noise sensitive development is likely to experience noise disturbance, a noise assessment will be required setting out appropriate mitigation measures.
2. Where noise generating development is proposed, any potential significant impact on the amenity and tranquillity of users of the site, by reason of noise disturbance and annoyance on the surrounding area or environment, including wildlife habitats, will be adequately mitigated or minimised to an acceptable level with details provided in a noise assessment.

The council will consider development proposals against the requirements and standards contained in legislation and current local and national guidance.