MM18

Change paragraph 13.9 to delete the word "Protected" at the beginning of the sentence; include additional text relating to a "Hedgerow Retention Notice"; and include reference to the "Hedgerows Regulations" as follows:

"Hedgerows subject to a Hedgerow Retention Notice must be assessed by the Local Planning Authority's Landscape Officer against criteria set out in the Hedgerows Regulations 1997. Where a hedgerow is deemed to be 'Important' under the Hedgerows Regulations, the ....".

Essex County Council (ECC) has no objection to MM18, but the Main Modifications consultation omits an agreed modification to paragraph 13.9 between Colchester Borough Council (CBC) and ECC, as outlined in the signed Statement of Common Ground (SoCG) between the two authorities on 9 April 2021. The agreed, but omitted modification to paragraph 13.9, is outlined in the SoCG under ‘CBC Rep number 6207’. This is a factual change to ensure consistency with legislation and the representation was made by ECC in 2017 at the Regulation 19 stage. Hedgerows are not protected per se. It is only when a hedgerow has been subject to a Hedgerow Retention Notice that it becomes protected. The regulations are the Hedgerows (note the "s") Regulations 1997.

Add the following to paragraph 13.9
Similarly, the Lowland Acid Grassland on the Middlewick Ranges site is an important ecological feature, the loss of which would be difficult to recreate, given the range of diverse protected species it supports.

Paragraph 13.9 (MM18)
The text recognizes that hedgerow loss is difficult to mitigate against as they cannot be easily recreated as either a landscape or ecological feature.
The text should similarly acknowledge that the large swathes of Lowland Dry Acid Grassland at Middlewick Ranges is also difficult to recreate and loss would impact severely on the habitats supported.