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20-00381-Ful DELEGATED DECISION OFFICER REPORT AUTHORISATION INITIALS DATE File completed and officer recommendation: AL 21/10/2020 Planning Development Manager authorisation: TF 21/10/2020 Admin checks / despatch completed CC 21.10.2020 Technician Final Checks/ Scanned / LC Notified / UU BB 21/10/2020 Emails: Application: 20/00381/FUL Town / Parish: St Osyth Parish Council Applicant: Mr R.A., T.R., D.R., A.I. Sargeant Address: Land adjacent to Howlands Marsh Nature Reserve Mill Street St Osyth Development: Relocation of 5 parking spaces for visitors to the Howlands Marsh nature reserve (including formalisation of access route and area for occasional overflow parking). 1. Town / Parish Council St Osyth Parish Council No objections to this application, however would question 24.06.2020 whether the number of proposed car parking spaces is sufficient for the intended use? 2. Consultation Responses Natural England Thank you for your consultation on the above which was received by 07.10.2020 Natural England on 10 September 2020 LATEST COMMENTS Natural England previously responded to this application on 2 June 2020 and that response should be read in conjunction with this letter. 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 NO OBJECTION Based on the plans submitted, Natural England considers that the proposed development will not have significant adverse impacts on designated sites and has no objection. European sites - Essex Estuary Special Area of Conservation (SAC), Colne Estuary (Mid Essex Coast Phase 2) Special Protection Area (SPA), Colne Estuary (Mid Essex Coast Phase 2) Ramsar Natural England notes that your authority, as competent authority under the provisions of the Habitats Regulations, has screened the proposal to check for the likelihood of significant effects. Your assessment concludes that the proposal can be screened out from further stages of assessment because significant effects are unlikely to occur, either alone or in combination. On the basis of the information provided, Natural England concurs with this view. Based on the plans submitted, (including the confirmation that the car park will have controlled access), Natural England considers that the proposed development will not have likely significant effects on the Essex Estuary Special Area of Conservation (SAC), Colne Estuary (Mid Essex Coast Phase 2) Special Protection Area (SPA), Colne Estuary (Mid Essex Coast Phase 2) Ramsar and has no objection to the proposed development. We welcome the Place Services' email to Tendring DC (pg.2) that "We would support the installation of a field gate either on the track or across the car park entrance, to ensure that Essex Wildlife Trust are able to limit car park use to staff and volunteers only" Colne Estuary Site of Special Scientific Interest Based on the plans submitted, Natural England considers that the proposed development will not damage or destroy the interest features for which the site has been notified and has no objection. Natural England Thank you for your consultation on the above which was received by 22.06.2020 Natural England on 12 June 2020 ORIGINAL COMMENTS 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. FURTHER INFORMATION REQUIRED TO DETERMINE IMPACTS ON DESIGNATED SITES As submitted, the application could have potential significant effects on Colne Estuary Site of Special Scientific Interest (SSSI), Essex Estuary Special Area of Conservation (SAC), Colne Estuary (Mid Essex Coast Phase 2) Special Protection Area (SPA), Colne Estuary (Mid Essex Coast Phase 2) Ramsar. Natural England requires further information in order to determine the significance of these impacts and the scope for mitigation. The following information is required: - Clarity on location - 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 further advice on designated sites/landscapes and advice on other issues is set out below. Designated sites - Additional information required This proposal is adjacent/within the Colne Estuary Site of Special Scientific Interest (SSSI), Essex Estuary Special Area of Conservation (SAC), Colne Estuary (Mid Essex Coast Phase 2) Special Protection Area (SPA), Colne Estuary (Mid Essex Coast Phase 2) Ramsar. Natural England request that the application area is mapped against the designated sites so that an accurate picture of potential impacts can be seen. European site - further information requested 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 have1. 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. 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 (HRA). We advise a HRA is produced that considers the effects of this proposal on the designated site features. This should include for example, potential bird disturbance, and clarity around the intended restrictions on the parking, e.g. the car park would be open to the public at all times, or be gated and locked and only available to EWT members, or only at certain times of the day or year, and how this may impact the designated features. When your authority undertakes the necessary Habitats Regulations Assessment, consideration also needs to be given to the in combination effects with other plans and projects (if it can be determined that the project itself would not result in likely significant effect). The in-combination assessment needs to assess whether there are any other plans and projects in the vicinity which have the same effect as this development. The following needs to be considered: a) The incomplete or non-implemented parts of plans or projects that have already commenced; b) Plans or projects given consent or given effect but not yet started. c) Plans or projects currently subject to an application for consent or proposed to be given effect; d) Projects that are the subject of an outstanding appeal; e) Ongoing plans or projects that are the subject of regular review. f) Any draft plans being prepared by any public body; g) Any proposed plans or projects published for consultation prior to the application Sites of Special Scientific Interest 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. Further general advice on the protected species and other natural environment issues is provided at Annex A. Essex County Council Thank you for consulting Place Services on the above application. Ecology Holding objection due to insufficient ecological information on 17.07.2020 designated sites, protected and Priority species. ORIGINAL COMMENTS We have reviewed the documents supplied by the applicant, relating to the likely impacts of development on Protected & Priority habitats and species, identification of proportionate mitigation. We are not satisfied that there is sufficient ecological information available for determination of this application. No ecological documents have been submitted as part of this application. A desk survey on the Multi-Agency Geographic Information for the Countryside (MAGIC) map identifies that the site is adjacent to the Colne Estuary Site of Special Scientific Interest (SSSI), Ramsar and Special Protection Area (SPA), the Blackwater, Crouch, Roach and Colne Estuaries Marine Conservation Zone and the Essex Estuaries Special Area of Conservation (SAC). Additionally, the Essex Wildlife Trust website also identifies Howland Marsh as a Local Wildlife Site (LoWS). The Natural England consultation response (ref 319595, 22 June 2020). has advised that the LPA will need to prepare a bespoke Habitats Regulations Assessment screening report for this application. If any mitigation measures are needed, an Appropriate Assessment of impacts will be triggered and all features of European importance (both primary and non-primary) will need to be considered. We recommend that the applicant is asked to provide sufficient detail on how they will avoid any likely significant effects on these designated sites, in particular any significant impacts from increased recreation. The ecological value of the site should also be assessed through a Preliminary Ecological Appraisal. This should identify the likelihood
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