Dear Mr Ashdown
 
Freedom of Information Act 2000
 
 
Thank you for your request for information that was received on 21 March
2022.
 
We are dealing with your request and we aim to send a response within 20
working days from the date we received your request.
 
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Yours sincerely
 
 
Customer Relations Team
 
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Bristol City Council
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Dear Mr Ashdown
 
 
Thank you for your request for information received on 21 March 2022.
 
The following is a copy of all email exchanges in respect of Biodiversity
Net Gain and Application 21/00824/FB.
 
The Biodiversity Net Gain Assessment prepared by the Applicants is also
attached.
 

From: Patrick Boxwell
Sent: 11 March 2022 10:39
To: Lyndon Roberts

Subject: Re: 21/00824/FB Open Space, Kingswear Road

Hi Lyndon,

I was wondering if you were still available today for a chat at all? Steph
has largely commented from an ecology perspective and recommended
conditions already, I’m basically wondering if the BNG report seems
reasonable to you as it was queried by Bristol Tree Forum. If you are
around I could give you a call or we could have a quick zoom/teams,
whichever is easier.

Thanks very much,

Patrick Boxwell

Planning Officer

Development Management – Growth & Regeneration Directorate

Bristol City Hall, College Green, Bristol, City of Bristol BS1 5TR

From: Lyndon Roberts
Sent: 10 March 2022 11:25
To: Patrick Boxwell  
Subject: Re: 21/00824/FB Open Space, Kingswear Road

Hi Patrick, can I call you tomorrow between20 and 11? Cheers, Lyndon.

Sent from my 🚀

On Thu, 10 Mar 2022, 10:42 Patrick Boxwell  wrote:

Hi Lyndon,

Very sorry for the delayed response, I’ve been on leave but if we could
discuss it that would be great. Would any time today work by chance? I’ve
attached Steph’s initial comment and the BNG report the applicant
provided.

 Thanks,

 Patrick Boxwell, Planning Officer

Development Management – Growth & Regeneration Directorate

Bristol City Hall, College Green, Bristol, City of Bristol BS1 5TR

From: Lyndon Roberts  
Sent: 07 March 2022 19:30
To: Patrick Boxwell

Subject: Re: 21/00824/FB Open Space, Kingswear Road

Hi Patrick, 

Thank you for consulting Nature Conservation (/Ecology) about this
application and sorry f0r the long delay in responding.

I will phone you tomorrow (Tuesday) at some point. Is there a good time?
Unfortunately, I can't access the application via the BCC website at the
moment (it seems to be down), so if you could send me a location and site
plans that would be useful.

Regards,

LYNDON ROBERTS MSc CEnv MCIEEM
For and on behalf of City Design, Bristol City Council

On Wed, Feb 23, 2022 at 4:36 PM Patrick Boxwell  wrote:

Hi Lyndon,

I was wondering if you might be free to have a quick chat at some point
soon about Kingswear to bring you up to speed with this? It may be helpful
in terms of understanding my question to Steph.

Regards,

Patrick Boxwell

Planning Officer

Development Management – Growth & Regeneration Directorate

Bristol City Hall, College Green, Bristol, City of Bristol BS1 5TR

From: Steph Attwood
Sent: 23 February 2022 11:49
To: Patrick Boxwell  
Cc: Lyndon Roberts  
Subject: RE: 21/00824/FB Open Space, Kingswear Road

Hi Patrick,

 Thanks for getting in contact I am no longer provide support for BCC, I
have cc Lyndon

 If you have any further questions regarding this please do not hesitate
to contact me.

 Kind regards,

Steph

Stephanie Attwood

MSc, DIC, BSc (Hons), MCIEEM

Head of Ecology and Principal Ecologist

THE LANDMARK PRACTICE

From: Patrick Boxwell
Sent: 22 February 2022 14:15
To: Steph Attwood

Subject: RE: 21/00824/FB Open Space, Kingswear Road

Hi Steph,

I hope you’re well. I’ve had this application open for a very long time
now, about a year. I’m hoping to progress it towards a positive decision
over the next week or so and I was sure I’d already received comment from
you about this, but for some reason I can’t find one so I wanted to
apologise and ask if you could take a quick look over the additional
information now! You may have a record of having sent a note to me
regarding this information, I’m not entirely sure, but I can’t seem to
find one currently.

I received a BNG assessment last year based on the request for additional
information you made in your initial comment on the scheme – could you
take a look? Also, I’m being chased by Mark Ashdown of the Bristol Tree
Forum for a spreadsheet of raw data that informs the BNG, is this a
standard thing to be requested?

Many thanks,

Patrick Boxwell

Planning Officer

Development Management – Growth & Regeneration Directorate

Bristol City Hall, College Green, Bristol, City of Bristol BS1 5TR

From: Steph Attwood

Sent: 25 March 2021 14:32
To: Patrick Boxwell  
Cc: Richard Goldthorpe  Dr. Nick Michael  
Subject: 21/00824/FB Open Space, Kingswear Road

 Dear Patrick,

 21/00824/FB  Open Space, Kingswear Road

 Following on from our telephone conversation earlier.

 Request for additional information.

Dr Nick pre-app advise requested - A biodiversity net gain assessment is
recommended. This should employ the Defra Biodiversity Metric 2.0. Please
could you request this.

 Areas comprising of semi-improved calcareous grassland and an area of
semi-improved neutral grassland are within the site. Lowland calcareous
grassland and lowland meadow (neural grassland) are both priority habitats
(Habitats of Principal Importance) listed on Section 41 of the Natural
Environment and Rural Communities Act (2006). This means that the presence
of these habitats are a material consideration in planning decisions. The
proposed soft plans show areas allocated to SW04 Proposed Wildflower
Grassland, SW03 Proposed Native Planting for Biodiversity, and a green
roof. However to be able to fully assess the impacts on the botanical
interest at the site, further information is required in the form of
detailed planting scheme for these areas.

 Following conditions are recommended.

 Pre-Commencement Conditions

 Condition: Precautionary Working Method Statement

Prior to the commencement of development hereby approved, including all
site clearance and vegetation removal, a method statement for a
Precautionary Method of Working (PMW) with respect to vegetation and site
clearance and the potential presence of nesting birds, legally protected
reptiles, hedgehogs, badgers and common toads and any other legally
protected and priority species shall be prepared by a suitably qualified
ecological consultant and submitted to and approved in writing by the
Local Planning Authority. This shall also include measures to ensure
construction lighting does not affect potential bat roosts, foraging and
commuting habitat. The PMWS shall include measures to protect badgers
during construction to prevent them from becoming trapped in excavations
or open pipework. The development shall be carried out in full accordance
with the approved method statement.

 Reason: To ensure the protection of legally protected and priority
(Section 41) species which are a material planning consideration.

 Condition: Invasive Plant Species

Prior to commencement of development, the removal of all Schedule 9
invasive species will be undertaken in accordance with Invasive Non-Native
Species Site Assessment and Management Plan, Kingswear Road, produced by
AECOM dated January 2021.

Guidance:  Under section 14(2) of the Wildlife and Countryside Act (1981)
it is illegal to "plant or otherwise cause to grow in the wild" (i.e.
spread) Schedule 9 species.

 Reason:  To comply with section 14(2) of the Wildlife and Countryside Act
(1981).

Condition: Slow Worm Mitigation

No clearance of the site and/or commencement of Enabling Works shall take
place until the protection measures identified within the Reptile Survey
Report, Kingswear Road, produced by AECOM dated January 2021 have been
implemented (or any such amendment approved in writing by the Local
Planning Authority)

Reason: To protect legally protected slow-worms and their habitats.

Condition: Living roof

Condition: Prior to commencement of development, a method statement
provided by a qualified ecological consultant shall be submitted to and
approved in writing by the Local Planning Authority for the creation of
living roofs on site which include calcareous wildflowers and do not
employ a significant area of Sedum (Stonecrop).  This shall include
details of the layout and area, construction, design (to include the
provision of features for invertebrates shown on a site plan including
stone and log piles, piles of pure sand 20 to 30 cm deep, coils of rope
and areas of bare ground, varying depths of substrate varying from 10 to
at least 20 cm in height with troughs and mounds shown in profile on a
plan, details of the seed mix and planting) and maintenance of the living
roof.  The use of egg-sized pebbles shall be avoided because gulls and
crows may pick the pebbles up and drop them. The development shall be
carried out in accordance with the statement or any amendment approved in
writing by the Local Planning Authority.

Reason: To conform with Policy DM29 in the Local Plan which states that
‘proposals for new buildings will be expected to incorporate opportunities
for green infrastructure such as green roofs, green walls and green
decks.’ 

 Condition Ecological Enhancement and Management Plan

Prior to commencement of development, an ecological enhancement and
management plan (EEMP) for 5 years, will be provided by a qualified
ecological consultant shall be submitted to and approved in writing by the
Local Planning Authority for the site.  This will include a sensitive
planting scheme for wildlife using native species or those that provide
value for wildlife. The EEMP will include enhancement for wildlife
including reptiles, birds, bats. hedgehogs and invertebrates.

The EEMP will include the following:

• Bat and Bird Boxes: The EEMP should show provide the specification,
orientation, height and location for bird nesting and bat roosting
opportunities shown on a site plan with compass directions marked on
it. This shall include six bird and six bat boxes with a mixture of
tree and building mounted boxes, the preference with building wildlife
boxes is to have them integrated into the fabric of the buildings.
Tree bird boxes shall be installed to face between north and east to
avoid direct sunlight and heavy rain. Bird boxes shall be erected out
of the reach of predators and at least 3.5 metres high on publicly
accessible sites. For small hole-nesting species bird boxes shall be
erected between two and four metres high. Building bat boxes shall
face south, between south-east and south-west. Bat boxes shall be
erected at a height of at least four metres on appropriate building,
close to hedges, shrubs or tree-lines and avoid well-lit locations.
• Reptile hibernacula: The inclusion of three reptile hibernacula within
suitable habitat for reptiles. The reptile hibernacula should also
include bee banks.
• Hedgehogs: Inclusion of hedgehog highways (i.e. gaps in gravel boards)
within all close boarded timber fencing. Allowing hedgehogs to access
back gardens and the wider landscape. The inclusion of two hedgehog
boxes situated in an appropriate location.
• A sensitive lighting scheme should be implemented to limit disturbance
to nocturnal wildlife such as bats and hedgehogs during both
construction and operation. This should follow guidance within the Bat
Conservation Trust & Institution of Lighting Professionals (2018)
Guidance Note 08/18 Bats and artificial lighting in the UK Bats and
the Built Environment series.

Botanical interest. The site contains areas of botanical interest as per
the Botanical survey report dated November 2019 produced by AECOM. The
proposed scheme involves the loss of an area of semi-improved calcareous
grassland  which (Habitat of Principal Importance) listed on Section 41 of
the Natural Environment and Rural communities Act (2006). Awaiting
additional information.

 The development shall be carried out in accordance with the statement, or
any amendment approved in writing by the Local Planning Authority.

 Reason: to conform with national planning policy to minimise impacts on
biodiversity and provide net gain.

 1. Advisory Note – Living Roof

Advisory note - guidance:  The living roofs should be covered with local
low-nutrient status aggregates (not topsoil) and no nutrients added. 
Ideally aggregates should be dominated by gravels with 10 - 20% of sands.
On top of this there should be varying depths of sterilised sandy loam
between 0 - 3 cm deep.  An overall substrate depth of at least 10 cm of
crushed demolition aggregate or pure crushed brick is desirable.  The
roofs should include areas of bare ground and not be entirely seeded (to
allow wild plants to colonise) and not employ Sedum (stonecrop) because
this has limited benefits for wildlife. To benefit certain invertebrates
the roofs should include local substrates, stones, shingle and gravel with
troughs and mounds, piles of pure sand 20 – 30 cm deep for solitary bees
and wasps to nest in, small logs, coils of rope and log piles of dry dead
wood to provide invertebrate niches (the use of egg-sized pebbles should
be avoided because gulls and crows may pick the pebbles up and drop
them).  Deeper areas of substrate which are at least 20 cm deep are
valuable to provide refuges for animals during dry spells.  An area of
wildflower meadow can also be seeded on the roof for pollinating insects. 
Please see [1]www.thegreenroofcentre.co.uk and [2]http://livingroofs.org/
for further information and the following reference: English Nature
(2006). Living roofs. ISBN 1 85716 934.4

 Kind regards,

Steph

Stephanie Attwood

MSc, DIC, BSc (Hons), MCIEEM

Head of Ecology and Principal Ecologist

 THE LANDMARK PRACTICE

 
 
Yours sincerely
 
 
Bristol City Council
 
NOTE: Please do not edit the subject line when replying to this email.
 
Bristol City Council
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which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
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have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

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Dear Mr Ashdown
 
Thank you for your request for a review received on 14 April 2022. I am
sorry that you are unhappy with our response under the Freedom of
Information Act 2000.
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 17 May 2022.
 
Yours sincerely
 
 
Data Protection Officer

 
NOTE: Please do not edit the subject line when replying to this email.
 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

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Dear Mr Mark Ashdown

Our ref 25158157 - internal review response

I am writing in response to your concerns about Bristol City Council's
handling of your request for information (our reference: 25158157)
received on 18^th March 2022 and which was responded to on 6^th April
2022. 

Your information request was handled by the Planning Team. I was appointed
to carry out an independent review as I was not involved in the original
decision.

In your request dated 18^th March you asked for the following information:

'Please provide a copy of the Biodiversity Metric calculation (in an .xlsm
format) upon which the Biodiversity Net Gain Assessment dated April 2021
(21_00824_FB-BIODIVERSITY_NET_GAIN_ASSESSMENT-3073945), published in
support of planning application 21/00824/FB, is based.

Please also provide all documents passing between the planning authority
and the applicant about their biodiversity net gain evidence, to include
comments made by planning and council officers or by agents of the LPA or
the council about this evidence.'

Original decision

 Bristol City Council responded to your request on 6^th April 2022 to
confirm that we hold the information requested. All of the information
provided as per the request.

Internal review request

 On 19^th April 2022 you contacted Bristol City Council to request an
internal review as you were not satisfied with the original response to
the above request. The information requested was not provided in an .xlsm
format.

As the information relates to planning and the biodiversity net gain the
request falls under the Environmental Information Regulation 2004 and not
under Freedom of Information Act 2000.

Regulation 2(1) of the EIR states:

2. ' (1) In these Regulations'

'Environmental information' has the same meaning as in Article 2(1) of the
Directive, namely any information in written, visual, aural, electronic or
any other material form on'

• the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the
interaction among these elements.

• measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and
activities affecting or likely to affect the elements and factors
referred to in (a) as well as measures or activities designed to
protect those elements.

I have treated your request for an internal review in line with the terms
of the EIR Regulation.

Internal review  

I have reviewed the information requested together with the information
provided and under EIR I have considered if Bristol City Council holds the
raw data.

The information was submitted by the applicant as part of the planning
application; therefore, Bristol City Council does not hold the raw data
and therefore it is not reasonable for Bristol City Council to create the
data in an excel document.

Under the Code of Practice for the EIR it states if 'the information is
already publicly available and easily accessible in another form or
format, you don't have to provide the information in the way the requester
specifies'.

I therefore consider that the information available to you and provided to
you in the in the original response has met your request in full.

Decision

The biodiversity Metric Calculation (D492) was provided by the applicant
as part of the submission to their planning application, therefore the
information shown in this document is not held in any other form by
Bristol City Council than that already provided to you. Therefore, I can
confirm that BCC does not hold the raw data that is shown in the document
D492.0 provided to you in the original response.

If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Please remember to quote reference number 25151857 in any future
communication relating to this request.

Yours sincerely,

Freedom Of Information Officer

Bristol City Council

 
NOTE: Please do not edit the subject line when replying to this email.
 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

══════════════════════════════════════════════════════════════════════════

Council services: http://www.bristol.gov.uk/service
Latest council news: http://www.bristol.gov.uk/ournews
Consultations: http://www.bristol.gov.uk/consult
Privacy Notice: https://www.bristol.gov.uk/about-our-web...