Planning application 15/00837/OUT – submission by Butterfly Conservation

Butterfly Conservation wish to object to planning application 15/00837/OUT as it is currently formulated. Please note Butterfly Conservation is not opposed to residential development to the west of the Langford Brook per se. There are two main reasons for our objection as set out below.

Insufficient account taken of impacts on Species of Principal Importance

The Environmental Statement, Non-technical summary (April 2015) is totally dismissive of the destruction of breeding habitat for a NERC Act (2006), Section 41 Species of Principal Importance, namely the white-letter hairstreak butterfly.

Section 9.5 states:-

“A single adult white-letter hairstreak sighting has been made and no eggs recorded, within the Site. The hedgerow H2 will be lost, resulting in the loss of habitat confirmed to support white-letter hairstreak. Habitat loss is considered a minor adverse (permanent) effect at the site level, and so not significant for EcIA purposes.”

The survey, instigated by the applicant, where no eggs were found on hedgerow H2 involved the taking of a limited number of samples of the elm (larval foodplant) growth. Many of the similar hedgerows sampled to the east of the Langford Brook contained eggs but several did not. From this survey it is reasonable to surmise that all hedgerow elm to be found on the land immediately to the north of Gavray Drive is potential breeding habitat for this Section 41 species. The sighting of an adult within its vicinity serves to emphasise that this is almost certainly the case for hedgerow H2. Removal of hedgerow H2 will reduce the quality of the habitat for the white-letter hairstreak and other species and seems to be in breach of the requirements of the CROW act. Further, recent analysis by the Centre for Ecology and Hydrology and Butterfly Conservation of the UK Butterfly Monitoring Scheme (UKBMS) data shows that White-letter Hairstreak populations have declined across the country by 96% since 1976. This and the fact that the White-letter Hairstreak population is highly significant locally means that we would question the dismissing of the significance even of the western part of the site for EcIA, and point out that the Authority shouldn’t risk failing to abide by their obligations under the CROW Act.

Thus the destruction of hedgerow H2 requires mitigation. This is easily achieved by the inclusion of Dutch elm disease resistant strains of elm in the hedgerow to be established on the western border of the proposed development and within the green space attached to the development. All plantings in the green space should reflect the quality of habitat to be found to the east of the Langford Brook and the needs of the key species known to exist there. So in addition to elm the larval foodplant, native blackthorn, of the Brown and Black Hairstreak butterflies should be included in the conditions imposed upon the developers.

Lack of contribution towards management of adjoining Local Wildlife Site

The documentation submitted makes several references to the applicant’s firm intention to subsequently submit an application to partially develop the land to the east of the Langford Brook for residential purposes. The inference is that the application will be for a build of 120 houses. How these two developments cumulatively meet with the emerging Local Plan aspirations for the land to the north of Gavray Drive is a matter for Cherwell District Council to decide. Butterfly Conservation’s perception is that there is mismatch between the Councils wish to protect wildlife and an increased area of housing..

The land to the east of the Langford Brook contains a Local Wildlife Site designated in 2002.

The applicant received permission on appeal in 2006 to develop land to both the west and east of the Langford Brook for residential purposes. During the life of that permission the applicant failed to produce satisfactory submissions to the conditions attached to the planning permission (especially those regarding drainage). The applicant sought an extension of time to the 2006 permission, which was granted by CDC but that decision was later quashed in the High Court. During this process it was firmly established that the whole of the Local Wildlife Site should be excluded from any development and the applicant should fund its future management. Furthermore, it is BC’s understanding that land additional to the Local Wildlife Site has now been identified by the District Council as a Local Green Space, something which is welcomed by BC as it provides a means to protect the Local Wildlife Site from excessive pressure from recreation, and also because it provides a means to protect from development a number of fields and hedges that also have butterfly interest.

The proposed development to the west of the Langford Brook will immediately bring added pressures to the neighbouring Local Wildlife Site as the new residents will inevitably use it for recreational purposes such as dog walking. Thus Butterfly Conservation requests that Cherwell District Council impose the following condition on any planning permission they may see fit to grant regarding the current application.

The applicant will be required to commence funding the management and maintenance of the Local Wildlife Site as designated in 2002 as soon as planning permission is granted for any development west of the Langford Brook and will undertake steps to see that measures are in place to improve the fortunes of the black, brown and white-letter hairstreak butterflies. This should be through the planting of appropriate species as mitigation for the loss of White-letter Hairstreak west of the Brook (elm) and for Black and Brown Hairstreak (blackthorn)

We would welcome an assurance that any future application regarding the land to the east of the Langford Brook will exclude the whole of the Local Wildlife Site as designated in 2002 and any retained hedgerows outside it, as identified in the report arising from the 2006 Public Inquiry.

Normally (a) would be attached to the first new resident moving in but Butterfly Conservation would like to point out that management and maintenance of the Local Wildlife site is already some 9 years overdue. In addition, the applicant previously agreed to set aside £450,000 towards the conservation of rare butterfly species. This money could well be earmarked towards the conservation of species in the area around the Langford Brook.

Butterfly Conservation remains committed to helping Cherwell District Council balance the needs for appropriate growth and its duty to conserve the best wildlife sites in the area. We believe that the best way to achieve this is for the Authority to ensure that the whole of the Local Wildlife Site as designated in 2002 and any retained hedgerows outside it, as identified in the report arising from the 2006 Public Inquiry are excluded from development.

Please ensure that we are consulted on any future proposals for this very important site. The contact at this time is Nick Bowles (94 Miswell Lane, Tring, Herts. HP23 4EX)

Yours sincerely

Nick Bowles

Chair Upper Thames Branch Butterfly Conservation

Dr Nigel Bourn

Director of Science and Policy

Butterfly Conservation

Manor Yard

East Lulworth

Wareham

BH20 5QP