Date:21 September 2018
Our ref: Our ref: 255936
Your ref: 18/01656/MAJ
FAO Tamsin Cook
Planning Support Manager
Teignbridge District Council
BY EMAIL ONLY
Customer Services
Hornbeam House Crewe Business Park
Electra Way Crewe
Cheshire CW1 6GJ
T 0300 060 3900
Dear Ms Cook,
Planning consultation: 32 dwellings, a local equipped area of play in place of existing play park, public open space, wildlife area, access and associated infrastructure.
Location: Land Off Brickyard Lane, Starcross.
Thank you for your consultation on the above, which was received by Natural England on 15 August 2018
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
SUMMARY OF NATURAL ENGLAND’S ADVICE FURTHER INFORMATION REQUIRED TO DETERMINE IMPACTS ON DESIGNATED SITES
As submitted, the application could have potential significant effects on the Exe Estuary Special Protection Area (SPA), Site of Special Scientific Interest (SSSI) and Ramsar Site.
Natural England requires further information in order to determine the significance of these impacts and the scope for mitigation.
The following information is required:
Sufficient survey data to demonstrate the degree to which this area is used by birds which are features of the SPA to enable you to determine whether the area should be considered as “functionally linked land” supporting the SPA features. This information is necessary in order for you to carry out a Habitats Regulations Assessment. Without this information, Natural England may need to object to the proposal.
Please re-consult Natural England once this information has been obtained. Natural England’s advice on other issues is set out below.
Page 2 of 5 Internationally and nationally designated sites The application site is within
or in close proximity to a European designated site (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect its interest features.
European sites are afforded protection under the Conservation of Habitats and Species
Regulations 2017, as amended (the ‘Habitats Regulations’).
The application site is in close proximity to the Exe Estuary Special Protection Area (SPA)
and Ramsar site 1and Dawlish Warren Special Area of Conservation (SAC), which are European sites. The sites are also notified at a national level as the Exe Estuary and Dawlish Warren Sites of Special Scientific Interest (SSSI(s)).
Please see the subsequent sections of this letter for our advice relating to SSSI features. In considering the European site interest, Natural England advises that you, as a competent
authority under the provisions of the Habitats Regulations, should have regard for any potential
impacts that a plan or project may have 2. The Conservation objectives for each European site
explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have.
Further Information required
The Ecological Appraisal identifies use of the site by birds that are designated interest features
associated with the Exe Estuary SPA which suggests that the area may provide important
supporting habitat for SPA birds. However, there is currently insufficient survey data to establish if the site is functionally linked to the SPA and whether its loss, alone or in combination with other losses around the estuary could constitute an Adverse Effect on Site Integrity.
The consultation documents provided by your authority do not include information to demonstrate that the requirements of Regulations 63 and 64 of the Habitats Regulations
have been considered by your authority, i.e. the consultation does not include a Habitats Regulations Assessment.
In advising your authority on the requirements relating to Habitats Regulations Assessment, it is Natural England’s advice that the proposal is not necessary for the management of the European site. Your authority should therefore determine whether the proposal is likely to have a significant effect on any European site, proceeding to the Appropriate Assessment stage where significant effects cannot be ruled out. Natural England advises that there is currently not enough information to determine whether the likelihood of significant effects can be ruled out. We recommend you obtain the following information to help undertake a Habitats Regulations Assessment:
Sufficient survey data to demonstrate the degree to which this area is used by birds which are features of the Exe Estuary SPA to enable you to determine whether the area should be
considered as “functionally linked land” supporting the SPA features. It will then need to be
established whether a Habitat Mitigation Contribution to the SEDEMS would provide sufficient
mitigation to avoid an Adverse Effect on Site Integrity (AEOI). Exe Estuary and Dawlish Warren Sites of Special Scientific Interest (SSSIs). Providing appropriate mitigation is secured to avoid impacts upon the European sites occurring there should be no additional impacts upon the SSSI interest features of the Exe Estuary and Dawlish Warren.
1 Listed or proposed Wetlands of International Importance under the Ramsar Convention (Ramsar) sites are protected as a matter of Government policy. Paragraph 118 of the National Planning Policy Framework applies the same protection measures as those in place for European sites.
2 Requirements are set out within Regulations 63 and 64 of the Habitats Regulations, where a series of steps and tests are followed for plans or projects that could potentially affect a European site. The steps and tests set out within Regulations 63 and 64 are commonly referred to as the ‘Habitats Regulations Assessment’ process. The Government has produced core guidance for competent authorities and developers to assist with the Habitats Regulations Assessment process. This can be found on the Defra website.
http://www.defra.gov.uk/habitats-review/implementation/process-guidance/guidance/sites/
Page 3 of 5 Protected Species –cirl bunting Natural England has produced standing advice
3 to help planning authorities understand the impact of particular developments on protected
species.
We advise you to refer to this advice, specifically with regard to the potential impacts on Cirl Bunting (add scientific name) which are present on the site. Natural England will only provide bespoke advice on protected species where they form part of a SSSI or in exceptional circumstances. Further general advice on the protected species and other natural environment issues is provided at Annex A.
Please note that if your authority is minded to grant planning permission contrary to the advice in this letter, you are required under Section 28I (6) of the Wildlife and Countryside Act 1981 (as amended) to notify Natural England of the permission, the terms on which it is proposed to grant it and how, if at all, your authority has taken account of Natural England’s advice. You must also allow a further period of 21 days before the operation can commence.
If you have any queries relating to the advice in this letter please contact me on 0208 026 7400
Should the applicant wish to discuss the further information required and scope for mitigation
with Natural England, we would be happy to provide advice through our Discretionary Advice Service. Please consult us again once the information requested above, has been provided.
Yours sincerely
Darren Horn Adviser –Devon, Cornwall and Isles of Scilly Team
darren.horn@naturalengland.org.uk
https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals
Page 4 of 5
ANNEX A: Additional Advice
Landscape Paragraph 109 of the National Planning Policy Framework (NPPF) highlights the need to protect and enhance valued landscapes through the planning system. This application
may present opportunities to protect and enhance locally valued landscapes, including any local landscape designations. You may want to consider whether any local landscape features or characteristics (such as ponds, woodland or dry stone walls) could be incorporated into the development in order to respect and enhance local landscape character and distinctiveness, in line with any local landscape character assessments.
Where the impacts of development are likely to be significant, a Landscape & Visual Impact Assessment should be provided with the proposal to inform decision making. We refer you
to the Landscape Institute Guidelines for Landscape and Visual Impact Assessment for further guidance.
Local sites and priority habitats and species
You should consider the impacts of the proposed development on any local wildlife or geodiversity sites, in line with paragraph 113 of the NPPF and any relevant development plan policy. There may also be opportunities to enhance local sites and improve their connectivity.
Natural England does not hold locally specific information on local sites and recommends further information is obtained from appropriate bodies such as the local records centre, wildlife trust, geoconservation groups or recording societies.
Priority habitats and Species are of particular importance for nature conservation and included in the England Biodiversity List published under section 41 of the Natural Environment and Rural Communities Act 2006. Most priority habitats will be mapped either as Sites of Special Scientific Interest, on the Magic website or as Local Wildlife Sites. List of priority habitats and species can be found here 4. Natural England does not routinely hold species data, such data should be collected when impacts on priority habitats or species are considered likely.
Consideration should also be given to the potential environmental value of brownfield sites, often found in urban areas and former industrial land, further information including links to the open mosaic habitats inventory can be found here.
Ancient woodland and veteran trees
You should consider any impacts on ancient woodland and veteran trees in line with paragraph 118 of the NPPF. Natural England maintains the Ancient Woodland Inventory which can help identify ancient woodland. Natural England and the Forestry Commission have produced
standing advice for planning authorities in relation to ancient woodland and veteran trees.
It should be taken into account by planning authorities when determining relevant planning applications. Natural England will only provide bespoke advice on ancient woodland/veteran trees where they form part of a SSSI or in exceptional circumstances. Environmental enhancement Development provides opportunities to secure a net gain for nature and local communities , as outlined in paragraphs 9, 109 and 152 of the NPPF.
We advise you to follow the mitigation hierarchy as set out in paragraph 118 of the NPPF and firstly consider what existing environmental features on and around the site can be retained or enhanced or what new features could be incorporated into the development proposal. Where onsite measures are not possible, you may wish to consider off site measures, including sites for biodiversity offsetting. Opportunities for enhancement might include:
· Providing a new footpath through the new development to link into existing rights of way.
· Restoring a neglected hedgerow.
· Creating a new pond as an attractive feature on the site.
· Planting trees characteristic to the local area to make a positive contribution to the local landscape.
· Using native plants in landscaping schemes for better nectar and seed sources for bees and birds.
· Incorporating swift boxes or bat boxes into the design of new buildings.
· Designing lighting to encourage wildlife.
· Adding a green roof to new buildings.
4
You could also consider how the proposed development can contribute to the wider environment and help implement elements of any Landscape, Green Infrastructure or Biodiversity Strategy in place in your area. For example:
·
Links to existing greenspace and/or opportunities to enhance and improve access.
· Identifying opportunities for new greenspace and managing existing (and new) public spaces to be more wildlife friendly (e.g. by sowing wild flower strips)
· Planting additional street trees.
· Identifying any improvements to the existing public right of way network or using the opportunity of new development to extend the network to create missing links.
· Restoring neglected environmental features (e.g. coppicing a prominent hedge that is in poor
Condition or clearing away an eyesore).
Access and Recreation
Natural England encourages any proposal to incorporate measures to help improve people’s
access to the natural environment. Measures such as reinstating existing footpaths together with the creation of new footpaths and bridleways should be considered. Links to other green networks and, where appropriate, urban fringe areas should also be explored to help promote the creation of wider green infrastructure. Relevant aspects of local authority green infrastructure strategies should be delivered where appropriate.
Biodiversity duty Your authority has a duty to have regard to conserving biodiversity as part of your decision making. Conserving biodiversity can also include restoration or enhancement to a population or habitat. Further information is available here