Policy S 6. Affordable Housing
Paragraph 5.comment
Where a proposal is unable to meet the1 requirements for the delivery of affordable housing due to it rendering the proposal financially unviable, developers will be expected to assess options in accordance with the following

Changes Insert
1 Where the authority has been satisfied that a proposal is genuinely unable to meet the requirements

Justification
The required numbers of affordable housing are simply not being delivered.
Reports by the charities Shelter and CPRE show that developers frequently break promises about the number of affordable housing they will deliver, using a the "viability" loophole. The loophole involves paying high prices for land in the knowledge that the overpayment can be recouped by reducing the obligation to deliver a specified number of affordable houses.
The authority needs to be able to challenge any claims of non-viability, and the onus of proof should be firmly on the developer. Where the developer claim an exemption this should be thoroughtly scrutinised
https://www.thetimes.co.uk/article/loophole-lets-developers-halve-number-of-affordable-homes-8nn3kmcj7
https://www.theguardian.com/politics/2018/mar/03/affordable-housing-rural-england-planning-laws-loophole-exploited-developers-report
https://www.s106affordablehousing.co.uk/

Policy S24 Countryside. 
Section 5.36 comment
Paragraph
Areas outside settlement boundaries are defined as 'countryside' which includes villages, hamlets, farms and other buildings as well as undeveloped open land. In order to protect the landscape, character, quality and tranquillity of the countryside 1 it is essential to prevent inappropriate development. At the same time, it is necessary to provide for the social and economic needs of small rural communities, and enable those who manage, live and work in the countryside to continue to do so.

Changes Insert
1 tranquility, the natural environment and biodiversity of the countryside

Justification
The terms "landscape character, quality and tranquillity of the countryside" imply a limited valuation of the countryside- ie. as long as it looks nice and sounds nice....

This ignores the important issue of biodiversity loss and can make it easier to overlook biodiversity needs and allow developments that will increase the catastrophic losses of recent years.

The Living Planet report of 2018, published by the WWF reports that humanity has wiped out 60% of mammals, birds, fish and reptiles since 1970.

The 2016 State of Nature Report states that the UK is one of the most nature depleted countries in the world, and that in the UK one in ten species is threatened with extinction.

The loss of biodiversity leads to the loss of the many services that they provide, ie. flood control, water and air purification, nutrient recycling, carbon sequestration, pest control, pollination etc.

Section 5.38
Paragraph Object
The Council also wants to find ways of enhancing the character and appearance of the countryside, the amenities and opportunities that it offers, and its biodiversity1. However, there are dwellings and enterprises in these countryside areas, and particular needs arising from rural activities.2
To support a prosperous and diverse rural economy, some limited and carefully planned development may be acceptable to enable the countryside and local rural communities to evolve and thrive. 3

Changes Insert
1 while protecting its biodiversity

2 However, there are dwellings and enterprises in these countryside areas, and particular needs arising from rural activities, which can compete or conflict with these.

3 Where these conflict with the obligations towards character, tranquillity and biodiversity, mitigation measures will be required.

Justification
We are already suffering incremental loss of the countryside. The 2018 report by the CPRE. Government data shows that the loss of greenfield land to development has increased by 58% in the last four years. The present wording in the local plan still seems to give some preference to development in such a way that it will continue this incremental loss.

https://www.cpre.org.uk/media-centre/latest-news-releases/item/4867-countryside-being-lost-to-housing-at-an-alarming-rate-increase-brownfield-development

Section 5.40
Paragraph comment
Where development is proposed in the countryside, the Council will seek the beneficial management of the countryside. This will include encouragement of proposals that enhance the woodlands and recreational links1 to and within this area.

Changes Insert
1 and ecosystem links

Justification
See above 5.36

Policy S24: Countryside
Paragraph comment
Outside settlement boundaries as defined on the policies map, development will be permitted in the countryside provided that:
1. It conserves and, where possible, enhances the key features and qualities of the rural and landscape character1 of the countryside setting; 

2.It is of an appropriate scale, siting and design that is unlikely to cause unacceptable harm to the appearance of the countryside;2 and 

Changes Insert
1 rural, landscape and ecosystem character of the countryside setting

2 cause unacceptable harm to the appearance, ecosystems and biodiversity of the countryside

Justification
See above 5.36 5.38 5.40

Policy S26: Natural Environment
Section 5.50
Paragraph comment
The natural environment is under significant pressure to accommodate a range of demands1. This includes modern farming practices which have an influence on the evolving2 landscape and biodiversity of our countryside as well as development that more directly facilitates addressing housing needs and provides for economic growth.3

Changes Insert
1a range of demands that are often conflicting

2have often contributed significantly to the loss of many native species, biodiversity and local ecosystems

3developments that address housing needs and provide economic growth contribute significantly to this loss of the natural environment

Justification
The Living Planet report of 2018, published by the WWF reports that humanity has wiped out 60% of mammals, birds, fish and reptiles since 1970.

The 2016 State of Nature Report states that the UK is one of the most nature depleted countries in the world, and that in the UK one in ten species is threatened with extinction.

Both reports state that agricultural practices are one of the main drivers of this decline, but that road building and housing are causing ever increasing fragmentation of the countryside. This leads to the collapse of viable habitats and the loss of species and ecosystems at an unprecedented rate.

The loss of biodiversity leads to the loss of the many services that they provide, ie. flood control, water and air purification, nutrient recycling, carbon sequestration, pest control, pollination etc.

Section 5.51
Paragraph comment/comment/object
In seeking to reconcile these1 demands on the natural environment, the Council will only support proposals that do not cause significant harm to the function2 of the natural environment. This includes ensuring the richness of the landscape and biodiversity of the area is not unduly compromised,3 with opportunities taken to enhance their value where appropriate.

Changes Insert
evaluate these conflicting1 demands

2 to the networks that are part of an integrated and functioning natural environment.

3The council will protect the richness of the landscape and biodiversity of the area.
Where developments are likely to compromise the natural environment, strategies that cause the least harm will be used, ie. using brown field sites wherever available as a matter of priority. The council will also prioritise development that have a smaller footprint and therefore require less land.

Justification
A report by the CPRE in 2016 states that there were enough brownfield sites in England to build 1.1 million new homes. There were almost enough brownfield sites for the councils participating in the report to meet their five-year housing targets without releasing any countryside for development.

https://www.cpre.org.uk/media-centre/latest-news-releases/item/4414-more-than-a-million-homes-possible-on-suitable-brownfield-land

Section 5.53
Paragraph object
Much of the undeveloped coastal plain of the plan area is high quality agricultural land which falls within Grades 1, 2 and 3a of the Agricultural Land Classification. In planning for the sustainable growth of the plan area, it is recognised that there may be occasions when the loss of such land is necessary. 1

Delete and replace

1 Where loss of such land may be thought necessary, this can only be granted when all other options have been fully explored and it has been comprehensively demonstrated that there is no alternative.

Justification
The loss of agricultural land has serious consequences for our food self-sufficiency. Defra states that we only produce 60% of our food and this is declining further. Moreover, this level of production relies on intensive farming methods that harms our natural environment and is contributes hugely to biodiversity loss. A recent CPRE reports shows that intensive farming methods are seriously degrading our soil and that future productivity will consequently be reduced. Measures needed to protect agricultural soils have to be less intensive, and consequently less productive. It is important that the loss of agricultural land is kept to an absolute minimum.

https://www.foodmanufacture.co.uk/Article/2018/08/07/Food-self-sufficiency-highlighted
https://www.cpre.org.uk/resources/farming-and-food/farming/item/5013-back-to-the-land-rethinking-our-approach-to-soil

S26
Paragraph object
Bullet point 4
Cons Considering the quality of the agricultural land, with the development of poorer quality agricultural land being preferred to the best and most versatile land. 

Delete and replace
Where loss of agricultural land may be thought necessary, this can only be granted when all other options have been fully explored and it has been comprehensively demonstrated that there is no alternative. The biodiversity value of all agricultural land must be considered.

Justification
Poorer quality agricultural land may have significant biodiversity value.

Policy S28 Pollution
Section 5.60
Paragraph Object
Some forms of development can result in pollutants, but are necessary to meet the economic and social needs of the plan area. These may include industrial and commercial land uses and new transport routes. Developers must submit robust and appropriate evidence to enable assessment whether there is a likely significant adverse effect on health and quality of life as a result of the development. Mitigation measures should be included in proposals where evidence suggests a likely significant adverse effect.

Changes Insert
This needs a whole extra paragraph on the problem of air pollution. It needs to acknowledge that traffic is a major cause of air pollution and that new transport routes are likely to add to the problem as new roads end up meaning more traffic. mitigation measures are unlikely to be a solution. Its needs to make a commitment to proactive measures to promote alternatives. The local plan seems to pay lip service to promoting alternatives such as walking, cycle routes, public transport and EV charging points, but delivery of these seems poor.

Justification
Air pollution, largely due to traffic emissions, is a major health hazard. (On a personal note, a member of my family died a day before his 22nd birthday, last March, from an asthma attack. His asthma was considered under medical control. He was in Bournemouth city centre at the time, so air quality is likely to have been a contributing factor to his death)
https://uk-air.defra.gov.uk/air-pollution/causes

Last year the UK were referred to Europe's highest court for failing to tackle illegal levels of air pollution.
https://www.theguardian.com/environment/2018/may/17/uk-taken-to-europes-highest-court-over-air-pollution

A recent report by the Welsh government demonstrates the cost effectiveness of investing in alternatives to road traffic.
http://www.wales.nhs.uk/sitesplus/888/news/48759

Policy DM28: Natural Environment
Section 7.169
Paragraph Comment
Development proposals must take account of international, national and local designations as part of their application. Exceptions will only be made where no reasonable alternatives are available and the benefits of development clearly outweigh the negative impacts. Where a development proposal would result in any significant harm that cannot be prevented or mitigated, appropriate compensation will be sought. 1

Changes Insert
1 However, the council also recognizes that some developments will cause irreparable harm to local biodiversity, ie ancient woodlands, and that no mitigation or compensation measures will be adequate to make up for this loss.
Where this is the case the council undertakes to
* scrutinise Environmental Impact assessments for their thoroughness and veracity.
* Consider the development along with others in the vicinity, in order to also evaluate cumulative impacts

Policy DM28

Paragraph comment
The impact of proposals will be carefully assessed to ensure the protection, conservation and enhancement of the landscape of1 the Plan area. Planning permission will be granted2 where it can be demonstrated that all the following criteria have been addressed:

Changes Replace
1 and biodiversity
2 only be considered

Paragraph Comment
1.There is no adverse impact on:
* The openness of the views in and around the coast, designated environmental areas and the setting of the South Downs National Park; and 

* The tranquil and rural character of the area.1

Changes Insert
* 1 The biodiversity of the area

Paragraph Comment
3. Development of poorer quality agricultural land has been fully considered in preference to best and most versatile land; 1 

Changes Insert
Poorer quality land will also be assessed for its biodiversity potential, and where this proves to be significant the land should be subject to the biodiversity protection measures.

Justification
Biodiversity is an essential feature of the natural environment. Treating it separately in the local plan risks a conflict between what is permitted under one heading, but not permitted under the other.

The Living Planet report of 2018, published by the WWF reports that humanity has wiped out 60% of mammals, birds, fish and reptiles since 1970.

The 2016 State of Nature Report states that the UK is one of the most nature depleted countries in the world, and that in the UK one in ten species is threatened with extinction.

This is despite considerable legislation to protect our ecosystems and biodiversity, much of it reflected in the good intention that make up part of the existing Local Plan.

The Chichester area has significant populations of threatened coastal, woodland and farmland species. Some of these populations are rapidly disappearing because of the cumulative impacts of farming practices, loss of habitat, disturbance from new developments and climate change. Populations that are barely surviving under these circumstances are likely to collapse completely if one more stress to their survival is added. Any decision to allow a development that will cause such a final collapse should not be taken lightly.

Continued below in D 29

Policy DM 29: Biodiversity
Section 7.172
Paragraph Comment
All new developments are encouraged1 to take account of and incorporate biodiversity

Exceptions will only be made where no reasonable alternatives are available and the benefits of development clearly outweigh the negative impacts. Where a development proposal would result in any significant harm to biodiversity and geological interests that cannot be prevented or mitigated, appropriate compensation will be sought. 2

Changes Insert/Replace
1 required

2 However, this in the recognition that some developments will cause irreparable harm to local biodiversity, ie ancient woodlands, and that no mitigation or compensation measures will be adequate to make up for this loss.

Policy DM29:
Paragraph Comment
Planning permission will be granted 1 for development where it can be demonstrated that all the following criteria have been addressed:

Changes Insert/Replace
1 Only be considered

Section 6
Paragraph Comment
The benefits of development outweigh any adverse impact on the biodiversity on the site. Exceptions will only be made where no reasonable alternatives are available; and planning conditions and/or planning obligations may1 be imposed to mitigate or compensate for the harmful effects of the development. 

Changes Insert/Replace
1 will

Justification
Planners must not lose sight of the fact that biodiversity requires a genuine range of habitats. For instance, while the emphasis on ecological networks and wildlife corridors is important for many species, but this is not enough.

Other species need dense woodland. with a well-developed canopy and understory, that provide a range of shelter and feeding opportunities. Developments on the edge of woodland alter habitats, and incrementally we are losing our dense woodland. Old trees are an essential feature of such woodland, providing holes and crevices for shelter and a myriad of feeding opportunities. Replanting young trees is not an adequate compensation.

Environmental Impact Assessments must be scrutinised carefully. The methods used in such assessments can, at times, be superficial and some conclusions can be misleading i.e. the presence of Bechstein bats, the rarest of UK mammals, was dismissed as "only of local value" in a planning application for oil exploration at Markwells Wood.

The loss of biodiversity leads to the loss of the many services that they provide, ie. flood control, water and air purification, nutrient recycling, carbon sequestration, pest control, pollination etc.

Our biodiversity is a precious feature of the Chichester area. While protecting this biodiversity will cause conflict with genuine housing and economic development, we have to guard against more spurious justifications. To put it bluntly, should we really lose our biodiversity for the sake of massive suburban sprawl of expensive executive homes?