Replacement Calderdale UDP : Adopted 25 August 2006 (as amended August 2009)

Replacement Calderdale UDP : Adopted 25 August 2006

• Foreword
• 1 Introduction
• 2 Calderdale in Context
• Strategic and Core Part One Policies
• 3 Guiding Principles and Key Themes
• 4 Employment, The Economy, Tourism and Regeneration
• 5 Housing
• 6 Retailing and Town Centres
• 7 Open Space, Sport and Recreation Facilities
• 8 The Built and Historic Environment
• 9 Transport
• 10 Infrastructure, Education and Community Facilities
• 11 Natural Environment and the Countryside
  • Introduction
  • The Green Belt
  • The Area Around Todmorden
  • Protected Land
  • Special Landscape Area
  • Nature Conservation
    • Sites of International Importance
    • Sites of National Importance
    • Sites of Regional or Local Importance
    • Agricultural Practices and the Landscape
  • Trees and Woodland
  • Natural Stone and Drystone Walls
• 12 Environmental Protection
• 13 Minerals
• 14 Waste Management
• 15 Monitoring and Review of the Plan
• Annex A Privacy, Daylighting and Amenity Space
• Annex B Trees On or Adjacent to Development Sites
• Appendix 1 National Planning Policy
• Appendix 2 National Minerals Policy
• Appendix 3 Supporting Published Documents
• Appendix 4 Glossary of Terms
• Appendix 5 Acronyms and Abbreviations
• Appendix 6 Policy Topic Index
• Appendix 7 Policy Number Comparison
• Appendix 8 Supplementary Maps

Nature Conservation

11.36 Calderdale contains a diversity of flora and fauna, along with their habitats, which contributes to the biodiversity of the area and is worthy of conservation and protection. There are selected areas where the need for conservation is particularly important, including the heather moorland and other upland habitats. The most important areas are protected by international or national law, such as the South Pennine Moors, whilst other sites, are of local importance due to their wildlife or geological attributes.

11.37 Calderdale has an important geological resource, more fully described in Section 13 (Minerals). This has an important influence on topography, landscape and biodiversity. It also represents a valuable educational resource.

11.38 PPS9 ‘Biodiversity and Geological Conservation' (2005) provides guidance on the identification and protection of areas of nature conservation value from potentially damaging development, while PPS7 'Sustainable Development in Rural Areas' emphasises the importance of protecting the diversity of the rural landscape and wildlife habitats. The protection and enhancement of the biodiversity of the wider countryside is fundamental to sustainability, improving the quality of life of residents and helping to attract visitors to the area. The UDP is a major component in achieving this together with the Ecological Plan for Calderdale, the South Pennine Moors Integrated Management Strategy and Conservation Action Programme, the Countryside Design Summary and the Heritage Strategy for the Southern Pennines.

11.39 Biodiversity can be defined as the richness and variety of plants, insects, birds, mammals and all living things in the world and is a key component and indicator of sustainable development. In 1992, the United Kingdom made a commitment to the conservation of biodiversity by signing the Biodiversity Convention. The Calderdale Biodiversity Action Plan (BAP) was produced in 2003. This represents Calderdale’s contribution to the delivery of the UK BAP. The BAP replaces the Ecological Plan for Calderdale and forms the cornerstone for future decision making for biodiversity in Calderdale. Priority Species and Habitats are identified, together with the actions needed to ensure their survival. In addition, the Calderdale BAP, besides contributing to the UK BAP, will also protect and enhance local biodiversity in the form of species and habitats of local significance. These species and habitats may be rare or threatened at a local or national level and are in urgent need of conservation action. The Calderdale BAP will assist the planning process by providing justification for the protection and enhancement of biodiversity not covered by statutory sites.

11.40 Natural England (formerly English Nature and the Countryside Agency) is the principal agency responsible for advising central and local government on nature and geological conservation. The Council is required to consult Natural England on any development proposal that could affect a designated site. In considering applications for development, the more significant the site, the more stringent the controls will be. The Council will seek to protect the natural, historic and cultural environment through the following Part One Policy:-

Sites of International Importance

11.41 The South Pennine Moors are designated as Special Protection Area (SPA) and a Special Area of Conservation (SAC). Both designations protect this internationally important habitat. The establishment of a European network of important high quality conservation sites that would make a significant contribution to conserving habitat types and species is required by Article 3 of the European Communities Habitats Directive which came into force in April 1979. Such sites are designated as Special Areas of Conservation (SAC). The European Communities Directive on the conservation of wild birds (known as the Birds Directive) also came into effect in April 1979, under which sites are strictly protected and are classified for rare and vulnerable birds and for regularly occurring migratory birds. Such sites are known as Special Protection Areas (SPAs) and are designated in accordance with Article 4 of the Birds Directive. These are now both included as Natura 2000 sites under the 1992 Directive 'Managing Natura 2000 Sites'. Such sites are managed to conserve and enhance their nature conservation value, taking into account factors such as access, recreation and land use. Such sites not only require special protection but also positive management to ensure that they are managed to conserve and enhance their nature conservation value, taking into account factors such as access, recreation and land use.

11.42 OPDM Circular 06/2005 - "Biodiversity and Geological Conservation - Statutory Obligations and their Impact within the Planning System" provides the framework for the implementation of the European Legislation in the national context. The Council will apply the provisions of this circular to any development proposals falling within the SPA or SAC. The designated area is identified on the Proposals Map. In accordance with the objectives of the designation, proposals for development will be subject to the most rigorous examination to ensure the site is protected from damage and destruction, and where appropriate, cases will be referred to Natural England. PPS9 states in paragraph 6 that as these sites enjoy statutory protection specific policies in respect of such sites should not be included within development plans and therefore the Replacement Unitary Development Plan does not propose to include specific policies.

Sites of National Importance

11.43 Sites of national importance managed for nature conservation objectives by approved bodies may be designated as National Nature Reserves (NNR). At present there are no NNRs in the District.

11.44 Sites of Special Scientific Interest (SSSIs) are of national significance, identified by English Nature, and are subject to statutory protection. There are five SSSIs within Calderdale which are shown on the Proposals Map. These are:-

• South Pennine Moors
• Withens Clough
• Crimsworth Dean
• Broadhead Clough
• Elland By-Pass Cutting

11.45 Some of these sites are particularly important because of their habitats, whilst others are designated on account of their geological value. Such sites not only require special protection but also positive management to ensure that they are managed to conserve or enhance their nature conservation value, taking into account factors such as access, recreation and land use. Government guidance indicates that development proposals in or adjacent to SSSIs must be subject to special scrutiny. Some developments may have little or no effect on the value of a site provided conditions can be attached to prevent damaging effects. Natural England provides a list of those damaging activities for which prior consent is required. In addition, where possible and appropriate, development and other proposals should contribute towards the achievement of the objectives of the Calderdale BAP. SSSIs are protected through the following Policy:-

Sites of Regional or Local Importance

11.46 There are 40 sites of significant local nature conservation interest in Calderdale. These are designated as Sites of Ecological or Geological Interest (SEGIs) and are shown on the Proposals Map.

11.47 The ecological sites are identified on the basis of surveys carried out by West Yorkshire Ecology who provide advice at the West Yorkshire and local level on nature conservation, biodiversity and other ecological matters. Currently, 19 sites are notified for their ecological value, although these are in the process of being reviewed and sites may be added to, or removed from, the list during the Plan period. The sites are recognised as being of countywide significance.

11.48 There are currently 21 sites identified for their geological value. These are also known as Regionally Important Geological or Geomorphological Sites (RIGS).The programme of recording sites of geological significance is carried out by the West Yorkshire RIGS Group. Sites may be added to, or removed from, the list during the Plan period.

11.49 The following Sites of Ecological or Geological Interest (SEGIs) are shown on the Proposals Map:-

ECOLOGICAL SITES

• Colden Clough, Hebden Bridge
• Turner Wood, Rishworth
• Sun Wood, Shelf
• Ogden Reservoir, Woodland and Cloughs, Halifax
• North Dean Wood and Norland Moor, Greetland
• Rochdale Canal
• Calder and Hebble Canal
• Hardcastle Crags, Hebden Bridge
• Elland Park Wood, Elland
• Wade Wood, Luddenden
• Clifton Interchange, Brighouse
• Ramsden Clough, Walsden
• Strangstry Wood, Rastrick
• Wood Hey, Hebden Bridge
• Scarbottom Mill Dam, Greetland
• Washer Lane, Halifax
• Cromwell Bottom, Elland
• Gorpley Clough,Todmorden
• Red Lane Dike Grasslands,Scammonden

GEOLOGICAL SITES

• Lumb Hole Falls
• Beacon Hill and Godley Cutting, Halifax
• Heptonstall Quarry (Hell Hole), Heptonstall
• Derby Clough Quarry
• Great Bride Stones
• Greetland Quarry
• Great Scar (Ogden Water)
• Gorpley Clough, Todmorden
• Paul and Coal Clough
• Cliviger Gorge
• Wood Head Quarries, Hipperholme
• Strangstry Wood, Rastrick
• Dixon Scar, Sowerby Bridge
• Fall Spring Wood, Stainland
• Scar Wood, Halifax
• Cludders Rock, Widdop
• Colden Clough,  Blackshaw Head
• Foster Clough Delves,  Hebden Bridge
• Langfield Common and Stoodley Pike
• Round Hill, Rastrick
• Elland Bypass Cutting, Elland

11.50 Local sites of nature conservation and geological interest are important not only for the protection of natural assets but also as a valuable local education resource. Therefore, sites of this nature need to be protected from adverse development which may harm their qualities.

11.51 It is important that the public is made aware of the value of nature conservation and becomes involved in its appreciation, protection and the enhancement of sites. One way of achieving this is to encourage and support the establishment of Local Nature Reserves, especially in urban areas (under Section 21 of the National Parks and Access to the Countryside Act (1949) (as amended). The first Local Nature Reserves in Calderdale have now been designated at:-

1. Ogden Water, Halifax
2. Cromwell Bottom, Brighouse
3. Milner Royd, Sowerby Bridge
4. Jerusalem Farm, Halifax
5. Scarr and Long Woods, Halifax
6. Gorpley Clough, Todmorden
7. Shibden Park and Cunnery Wood, Halifax
8. Beechwood Park, Illingworth, Halifax

11.52 These are shown on the Proposals Map. The Council is actively supporting these designations especially in and around urban areas where the involvement and education of the local community in environmental matters can be achieved. In addition, any development or other proposals in them, wherever possible and appropriate, should contribute towards the achievement of the objectives of the Calderdale Biodiversity Action Plan. The following Policy will therefore apply:-

11.53 Plants and animals become most sensitive to local extinction when their habitat is fragmented and reduced in size. The concept of the Wildlife Corridor is accepted as a realistic approach to nature conservation, in urban as well as rural areas, where it assists the integration of otherwise isolated areas of wildlife interest. The Corridors provide link habitats through which temporarily displaced species can migrate to other, less threatened sites. They are often linear features such as railways, rivers, canals and roadside verges forming, wherever possible, unbroken links between open countryside and elements of urban open space. These boundaries have generally been reintroduced into the Replacement UDP, with some changes to remove parts that ran through strongly defined existing urban areas. The Corridors link many important wildlife sites but are shown on the Proposals Map in a purely diagrammatic form. The outer hatched edges and arrow-heads are deliberately designed to reinforce the view that a policy principle is being reflected in the Plan, and not a hard and fast designation reflecting features on the ground. Some Corridors may appear to end in locations which are not shown as important wildlife sites because at this point the Corridor broadens out into the countryside generally, the whole of which is of nature conservation importance.

11.54 UDP policy is to control unsympathetic development and ensure that development projects incorporate landscaping designed on ecological principles in these Corridors. If possible and appropriate, where development in the Corridors is permitted, use will be made of conditions or planning obligations that contribute towards the attainment of the objectives of the Calderdale BAP. In some cases, Corridors extend outside Calderdale into neighbouring local authority areas. Therefore, the Council will seek the co-operation of adjoining local authorities to ensure the interests of nature conservation are secured. Development within a Wildlife Corridor will be considered against the following Policy:-

11.55 Many important wildlife species occur outside designated sites and even minor developments may have an impact. Several species, including badgers, bats, breeding birds and water voles, are rare or threatened nationally and receive protection under the Wildlife and Countryside Act (1981) (as amended), the Conservation (Natural Habitats &c.) Regulations (1994), the Countryside and Rights of Way Act (2000) and other legislation. Natural England can provide expert advice on Protected Species. Others may be rare or threatened at a local or national level and will be identified in the Calderdale BAP as Priority Species. Conditions or planning obligations attached to planning permissions, should, if possible and appropriate, contribute towards the objectives of the Calderdale BAP.

11.56 Development will not normally be permitted if it would harm the habitat requirements of legally protected, rare or threatened wildlife species and the species themselves unless provision is made to protect those species and their habitats. 

11.57 Over the last few decades, nationally and locally, the richness and variety of wildlife species and their habitats has diminished. Many key wildlife sites are fragmented and isolated within areas of low biodiversity. It is important that decline of wildlife is reversed and steps taken to redress deficiencies.If conditions or planning obligations are attached to planning permissions, these should, where possible, have regard to the objectives of the Calderdale BAP. Accordingly, the following Policy will apply:-

11.58 Water areas are of special interest in Calderdale, both as important wildlife habitats and as amenity and recreation features. Areas of open water may be flowing (rivers, streams and canals) or standing (reservoirs, lakes, ponds and mill dams). Ponds and mill dams are becoming an increasingly scarce feature of the District. They offer tremendous potential as a wildlife and community resource. Wetlands occur wherever the water table is sufficiently high to support specialised marsh communities, for instance reeds, sedges or mosses. The demands placed on these water areas from the needs for water supply, nature conservation, amenity and recreation, lead to conflicts which the UDP needs to address. The following Policy will apply :-

11.59 Policy EP 15 ‘Development Alongside Waterways’ and Policy OS 9 ‘The Recreational Use of Waterways and Open Water’ also deal with the protection of water amenity areas and should be read in conjunction with the above Policy.

11.60 The identification of sites of ecological importance and the application of policies designed to protect the sites and their environs from unsympathetic development must be matched by efforts to manage the sites to achieve control and enhancement on a corporate basis. The South Pennine Moors Integrated Management Strategy and Conservation Action Programme and site management plans are designed to achieve this approach. The Council both individually and in partnership with other authorities will draw up and implement management plans for nature conservation areas and sites, as resources permit.

Agricultural Practices and the Landscape

11.61 A large part of the District is in agricultural use. This has a great influence on both the appearance and ecological character of Calderdale. A great deal of the agricultural area is upland and involves the grazing of sheep. Changes in farming techniques have resulted in overgrazing with subsequent damage to natural habitats and woodlands. Sometimes conversion to intensive agricultural purposes can damage habitats of high nature conservation value such as unimproved grassland, heathland and wetland. However, the Council has no planning control over most agricultural practices. In order to protect habitats and landscapes that are vulnerable, such as blanket bog, heather moorland and woodland, the main avenue open is to pursue the voluntary approach and seek the co-operation of the farming community in these matters. When absolutely necessary this approach will be supported by management and formal agreements. The Environmental Impact Assessment (EIA) (uncultivated land and semi-natural areas) (England) Regulations (2001) provide a procedure for considering the potential environmental effects of land use change. These Regulations are administered by the Department for Environment, Food and Rural Affairs (DEFRA) and not Calderdale Council, and require applicants to seek the approval of DEFRA to carry out certain projects which do not constitute development under the Planning Acts. Full details of the Regulations and their application are obtainable from DEFRA. Within the agricultural industry, a greater emphasis is being placed on diversification. Policies encouraging rural diversification can be found in Section 4 (Employment) in paragraphs 4.61 to 4.65. Proposals for diversification will be assessed in line with the policies for the protection of nature conservation value. Schemes have been set up by DEFRA and the Countryside Agency to encourage farming processes that are sensitive to wildlife, landscape and public access. The Council will work with the farming community to encourage sustainable practices.

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