Page 425 - All files for Planning Inspectorate update

works stop until such time that a further assessment has been made, and further
remediation methods put in place if needed. With such a condition in place it is
considered that this issue would be appropriately addressed.

Ecological matters

Policy DP38 of the DP seeks to protect biodiversity.

The woodland to the south and southwest of the site is designated as ancient
woodland. In relation to ancient woodland paragraph 175 of the NPPF states 'When
determining planning applications, local planning authorities should apply the
following principles:
a) if significant harm to biodiversity resulting from a development cannot be avoided
(through locating on an alternative site with less harmful impacts), adequately
mitigated, or, as a last resort, compensated for, then planning permission should be
refused;
b) development on land within or outside a Site of Special Scientific Interest, and
which is likely to have an adverse effect on it (either individually or in combination
with other developments), should not normally be permitted. The only exception is
where the benefits of the development in the location proposed clearly outweigh both
its likely impact on the features of the site that make it of special scientific interest,
and any broader impacts on the national network of Sites of Special Scientific
Interest;
c) development resulting in the loss or deterioration of irreplaceable habitats (such
as ancient woodland and ancient or veteran trees) should be refused, unless there
are wholly exceptional reasons58 and a suitable compensation strategy exists; and
d) development whose primary objective is to conserve or enhance biodiversity
should be supported; while opportunities to incorporate biodiversity improvements in
and around developments should be encouraged, especially where this can secure
measurable net gains for biodiversity.'

The layout of the scheme now provides for a 15m buffer between the edge of the
development and the ancient woodland. The 15m buffer arises from standing advice
from Natural England. It is intended that a post and rail fence would demarcate the
boundary of the ancient woodland with the landscaping around the proposed
apartments.

Given the existing situation and the fact that a buffer is now proposed, it is
considered that the impact on the ancient woodland will be acceptable and therefore
there would be no conflict with policy DP38 of the DP.

Impact on Ashdown Forest

Under the Conservation of Habitats and Species Regulations 2017 (as amended)
(the 'Habitats Regulations'), the competent authority - in this case, Mid Sussex
District Council - has a duty to ensure that any plans or projects that they regulate
(including plan making and determining planning applications) will have no adverse
effect on the integrity of a European site of nature conservation importance. The
European site of focus is the Ashdown Forest Special Protection Area (SPA) and
Special Area of Conservation (SAC).