14. How prescriptive do you think regulations made under clause 101 should be in setting out how the responsible authority should work with local partners?
- Setting broad principles only [TICK]
- Setting broad principles and specific requirements on who to engage or how
- A standardised process of who to engage and how
- Don’t know [Tick one]
15. Do you think that regulations made under clause 101 should establish a mechanism for resolving disputes in the preparation of Local Nature Recovery Strategies? [Yes/No/Don’t know]
16. If you believe that regulations made under clause 101 should establish a mechanism for resolving disputes in the preparation of Local Nature Recovery Strategies, which of the following bodies do you think should be able to raise a dispute (including on behalf of others)?
- Local Authorities within the Strategy area who are not the responsible authority
- Natural England
- Responsible Authorities for neighbouring Strategy areas
- Other [please specify]
- Don’t know [Tick all that apply]
17. Which of the following do you think might be reasonable grounds for raising a dispute about the Local Nature Recovery Strategy preparation process?
- Not adequately involving relevant specific groups
- Slow/no progress
- Lack of transparency
- Legal requirements not being followed
- Other [please specify]
- Don’t know [Tick all that apply]
18. At which points in the preparation of a Local Nature Recovery Strategy do you think it should be possible to escalate procedural disputes for external consideration?
- Before finalisation of the Strategy priorities
- Before a potential public consultation on the draft Strategy
- If the responsible authority does not respond within a reasonable timeframe to being informed of concerns
- At any time
- There should not be a process for external consideration
- Other [please specify]
- Don’t know [Tick all that apply]
19. Do you think that Local Nature Recovery Strategies should also be “signed off” by a body other than the responsible authority before they can be published?
- No
- Yes – instead of a mechanism for resolving disputes in the preparation process
- Yes – as well as a mechanism for resolving disputes in the preparation process
- Don’t know [Tick one]
20. If so, which bodies should be given sign-off responsibility?
- Other Local Authorities in the Strategy area
- Natural England
- Other [please specify]
- Don’t know [Tick all that apply]
21. On what grounds could a body refuse to sign-off a Local Nature Recovery Strategy?
- Disagreement about overall priorities
- Disagreement about specific priorities
- Disagreement about potential measures
- Disagreement about the inclusion or exclusion of specific “areas of potential importance”
- On any reasonable grounds
- Only the “responsible authority” should be required to sign-off the Strategy
- Other [please specify]
- Don’t know [Tick all that apply]
22. Should the Defra Secretary of State be able to appoint a separate body to consider disputes in the preparation of Local Nature Recovery Strategies, and if so, which body or bodies?
- It should not be possible for a separate body to be appointed
- Natural England
- Planning inspectorate
- Whichever body the Secretary of State considers appropriate
- The responsible authority for a different Local Nature Recovery Strategy
- Other [please specify]
- Don’t know [Tick all that apply]
23. In resolving disputes in the preparation of Local Nature Recovery Strategies should the Secretary of State be able to:
- Require the responsible authority to repeat particular parts of the preparation process
- Require the responsible authority to make specific changes to their Local Nature Recovery Strategy
- Approve the Local Nature Recovery Strategy with or without changes.
- Something else [please specify]
- Don’t know [Tick all that apply]
Answer to questions 15 to 23
It isn’t possible to meaningfully respond to questions about dispute resolution until Government has informed us of the role of LNRS's in the planning system. Local authorities need clarity on the role of Local Nature Recovery Strategies in the planning framework as soon as possible. The role of LNRS’s in the planning framework not only determines how LNRS’s are produced, but also determines what should and shouldn’t be included in Local Plans.
Whether or not Local Nature Recovery Strategies should be “signed off” by a body other than the responsible authority also depends on their position in the planning system. If the LNRS is a strategy that sits within the Local Plan, then the Planning Inspectorate would have a role as part of the Local Plan examination process. If it is a standalone document then, so long as the recommended levels of partnership working have been met, there is no reason why a separate body would need to sign off the strategy before publication.
Defra Secretary of State should be able to appoint a separate body to consider disputes but until government has set out where LNRS's sit within or alongside the planning framework, it isn't possible to suggest who this body or bodies should be and how government should resolve disputes. Any dispute resolution procedures put in place should be proportionate. If a dispute resolution system were to be put in place, the trigger for such a dispute to be considered would need to be meaningful. Creating a Nature Recovery Network made of around 50 Local Nature Recovery Strategies, covering the entire nation is undoubtably going to result in a few disputes.
We will work with the Government to ensure that the Environment Bill and Office for Environmental Protection (OEP) is effective in addressing the concerns of communities. The OEP will have enforcement functions over public authorities who fail to comply with environmental law. It will be essential that the OEP board contains knowledge, and direct experience of, local government as one of the key public authorities it will work with.