Watercourse advice note (Aylesbury Vale area)

The National Planning Policy Framework (2021) sets out the government’s planning policies and how these are expected to be applied. The local plan sets out planning policies for the Aylesbury Vale area and is the background against which planning decisions are made.

The Vale of Aylesbury Local Plan 2013-2033 provides advice on the design of development proposals and reference should be made to Section 9 ‘Natural Environment’ and its policies ‘NE1 Biodiversity and Geodiversity’ and ‘NE2 Rivers and Stream Corridors’ and Section 11 ‘Detailed Infrastructure’ and Policy I4 Flooding.

The Aylesbury Vale Green Infrastructure Strategy (Buckinghamshire Council, 2011 and 2014 update) forms part of the ‘evidence base’ of the local plan. It sets out principles for the management and creation of accessible green infrastructure in the district. The strategy includes watercourse corridors and sets out the vision and key aims, as well as focusing on flagship projects and the benefits they offer.

The Water Framework Directive (WFD) 2000 aims to improve the state of Europe’s waters and was transposed into UK legislation by the Water Environment (Water Framework Directive) Regulations 2003.

The north of the Vale falls within the Anglian River Basin District and the south is within the Thames River Basin District. Each River Basin District has a River Basin Management Plan which identifies WFD waterbodies and their ecological status.

All waterbodies in the UK must reach ‘good’ ecological status by 2027. Catchment partnerships support the delivery of WFD targets within each river catchment. The Catchment Data Explorer provides more information on catchment partnerships and WFD maps.

The government’s 25 Year Environment Plan (A Green Future: Our 25 Year Plan to Improve the Environment) supports the requirement for Environmental Net Gain (ENG) in all developments, into planning policy. This will be a matter for the Local Plan For Buckinghamshire to consider as the emerging local plan. The adopted local plan covering the former Aylesbury Vale area is the Vale of Aylesbury Local Plan 2021 and this sets out how Biodiversity Net Gain should be provided for in line with the 2012 version of the NPPF.

Biodiversity Net Gain (BNG) is an approach to development that leaves biodiversity in a better state than before, and it is a component of wider ENG. The Environment Act 2021 will bring into UK law environmental protections and recovery of the natural environment. The bill introduces mandatory biodiversity net gains to ensure that new developments enhance biodiversity and help deliver thriving natural spaces for communities. Policy ‘NE1 Biodiversity and Geodiversity’ in the Local Plan and the forthcoming Buckinghamshire Biodiversity Accounting Supplementary Planning Document (due 2022) will provide more information.

The Conservation of Habitats and Species Regulations 2017 (as amended) and Wildlife and Countryside Act 1981 (as amended) protects statutory designated sites such as Sites of Special Scientific Interest (SSSI). Local Authority Plans protect non-statutory designated sites such as Local Wildlife Sites (Box 1). Policy ‘NE1 Biodiversity and Geodiversity’ in the Local Plan provides more information.

There are restrictions on activities and developments that might affect a protected site. The government provides Guidance on Construction near Protected Areas and Wildlife including how to avoid harming protected areas during development work.

More information on Protected Sites in your area is provided by the Buckinghamshire and Milton Keynes Environmental Records Centre (BMERC).

Local Wildlife Sites (LWS) are places that have been recognised for their wildlife value or for containing rare or threatened habitats and species. LWSs (formerly known as County Wildlife Sites and Biological Notification Sites) receive protection through the planning system. Approximately 180 LWSs have been identified in Aylesbury Vale.

The Natural Environment and Communities Act 2006 (NERC Act) lists ‘priority habitats’ that are most threatened and require conservation action, including watercourse habitats such as rivers, lakes, ponds, grazing marsh, fens, reedbed and bogs. More information on Priority Habitats generally is provided by the Joint Nature Conservation Committee (JNCC) and information of habitats in your area by BMERC.

The Buckinghamshire and Milton Keynes Biodiversity Action Plan (BAP) (Natural Environment Partnership 2021): Forward to 2030 identifies the key principles and goals that planning decisions must consider. The BAP aims to retain, protect and where possible enhance biodiversity, beyond protected sites and sites managed for wildlife. Biodiversity Opportunity Areas (Box 2) are the key areas in Buckinghamshire and Milton Keynes for the restoration and creation of priority habitat.

More information on Biodiversity Opportunity Areas is provided by the Buckinghamshire and Milton Keynes Biodiversity Partnership.

Biodiversity Opportunity Areas (BOAs) are important areas for biodiversity on a county or regional scale where habitat restoration and creation could have the most positive impacts on biodiversity. Several BOAs have been identified in Aylesbury Vale; The North Bucks Fens, the Thame Valley and the Claydon and Padbury streams which are known for their freshwater habitats.

The Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended) lists ‘European Protected Species’ and other protected species. The otter and great crested newt are two protected species that are widespread in Aylesbury Vale.

There are restrictions on activities and developments that might affect protected species. The government provides guidance on construction near protected areas and wildlife, including how to avoid harming protected species during development work.

The Natural Environment and Communities Act 2006 (NERC Act) lists ‘priority species’ that are most threatened and require conservation action. A full List of Priority Species is provided by the Joint Nature Conservation Committee (JNCC).

More information on Protected and Priority Species in your area is provided by BMERC.

The Great Crested Newt (GCN) is a European Protected Species that breeds in ponds in spring and spends the rest of the year on land. If you have a pond on or near your development, you need to check if there are GCN present, and you may need to get a licence from Natural England before you undertake development. An alternative approach to GCN licensing is available within Aylesbury Vale. Developers can apply to work under a district licence, rather than having to apply for their own separate licence. More information on District Licensing is provided by the NatureSpace Partnership.

Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) currently lists species for which it is an offence to introduce or cause to establish in the wild.

An Invasive Non-Native Species (INNS) is any non-native animal or plant that can spread causing damage to the environment, economy, our health and the way we live. In 2015, it was estimated that these species cost the UK economy at least £1.7 billion per year (see DEFRA's Invasive Non-Native Species Strategy). Watercourses provide corridors along which INNS can spread quickly and once established they can be very costly or often impossible to completely remove.

If you are proposing to develop land that may have INNS present, you are advised to contact the Local Planning Authority at an early stage to discuss land contamination issues before submitting a planning application. Where planning consent is granted for a site in which the presence of INNS is known or suspected, an advisory note may be attached to the planning permission informing the applicant(s) that the responsibility for the safe development of the site rests with the developer.

More information on Invasive Species is provided by the GB Non-native Species Secretariat.