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Cotswold Water Park Site of Special Scientific Interest (SSSI), Gloucestershire, Wiltshire, Oxfordshire – Confirmation of Notification

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Cotswold Water Park Site of Special Scientific Interest (SSSI), Gloucestershire, Wiltshire, Oxfordshire – Confirmation of Notification Natural England Board Meeting: 105 Date: 15 September 2021 Paper number: NEBPU 105 01 Title: Cotswold Water Park Site of Special Scientific Interest (SSSI), Gloucestershire, Wiltshire, Oxfordshire – confirmation of notification Lead/s: Alan Law, Deputy Chief Executive; Emma Johnson, West Midlands Area Manager; and Ben Fraser, Principal Adviser – Protected Sites 1 Purpose 1.1 The purpose of this paper is to seek approval to confirm the notification of Cotswold Water Park SSSI. The Natural England Board confirmation report is attached at Annex 1. 2 Recommendation 2.1 The Board is asked to: Approve confirmation of the notification of the Cotswold Water Park SSSI with modifications to the boundary (to remove 52 areas of land totalling 168.81 ha) and the citation. The recommended confirmed area of the SSSI is 1,906 ha. The documents recommended for confirmation are at section 3 of Annex 1. The other legal documents (list of operations requiring Natural England’s consent and statement of Natural England’s views about management) are recommended for confirmation without modification. 3 Report 3.1. Background 3.1.1. The Cotswold Water Park SSSI was notified on 7 January 2021 under section 28C of the Wildlife and Countryside Act 1981. On the same day, notices were served under section 28D of the Wildlife and Countryside Act 1981 proposing to remove the SSSI notification (de-notification) from parts of the previously notified Cotswold Water Park SSSI. There are no objections to the de-notification proposal so this will be approved for confirmation by the Director of Strategy and Government Advice acting under delegated authority. A decision upon whether to confirm the notification of the SSSI is required to enable confirmation papers to be served on or before 6 October 2021. 3.1.2. The Cotswold Water Park SSSI is a 40 square mile complex of former and current gravel workings on the borders of Gloucestershire, Wiltshire and Oxfordshire. 177 of these former and current mineral working waterbodies (‘lakes’) are included in the SSSI. It is considered to be of special interest for its: • non-breeding shoveler Spatula clypeata, gadwall Mareca strepera, pochard Aythya ferina, tufted duck A. fuligula, great crested grebe Podiceps cristatus, coot Fulica atra, green sandpiper Tringa ochropus and lesser black-backed gull Larus fuscus; • assemblage of over 20,000 waterbirds during the non-breeding season; • diverse assemblage of breeding birds of lowland open waters and their margins and scrub; • breeding great crested grebe; little egret Egretta garzetta and little ringed plover Charadrius dubius; and Page 1 of 83 • the aquatic plants: starry stonewort Nitellopsis obtusa, lesser bearded stonewort Chara curta; pointed stonewort Nitella mucronata and clustered stonewort Tolypella glomerata. 3.1.3. The Cotswold Water Park SSSI was previously notified on 28 June 1994. The enlarged Cotswold Water Park SSSI covers 2,074.81 ha and includes most of the land notified in 1994, with substantial extensions totalling 1,942 ha. It encompasses the full extent of the open waters and associated habitats, including core areas of nesting, feeding and roosting habitats for nationally important numbers of breeding and non-breeding waterbirds. This will stimulate the conservation of the Cotswold Water Park area by extending protection to a landscape scale, and by providing land managers and developers with certainty over the location and nature of the special nature conservation interests of the area. 3.1.4. The notification document (attached at section 2 of Annex 1) was issued on 7 January 2021 and explains why Cotswold Water Park is notified as a SSSI. The selection of this site against the relevant guidelines is dealt with fully in the supporting information document to the SSSI notification (also attached at section 2 of Annex 1). 3.2 Issues 3.2.1 The Cotswold Water Park SSSI has 283 owners and occupiers and is the subject of 54 outstanding objections. The period for making objections and representations ran from 7 January 2021 to 7 June 2021. 3.2.2 A number of landowner notification packs were returned to Natural England due to out-of- date information being held by HM Land Registry. Considerable effort was made to find alternative addresses and resend these packs. 3.2.3 A number of new landowners/occupiers were identified later than the notification date and one owner (already known to Natural England) was omitted due to an administrative error. They were all given at least the statutory minimum of three months from the date they were notified, to submit their representations. Consequently, the final period to submit an objection or representation for the owner who was identified latest will expire on 18 September 2021; that owner has already submitted an objection. 3.2.4 Annex 1 describes the site and its special interest, and considers the objections and representations made in respect of the 7 January 2021 notification. The grounds for the objections have been carefully considered by officers of Natural England. Page 2 of 83 Annex 1 Natural England Board Confirmation Report: Cotswold Water Park SSSI, Gloucestershire, Wiltshire and Oxfordshire. Contents Section 1 Report to the Board of Natural England Section 2 Notification and supporting information documents Section 3 Amended SSSI documents for confirmation Section 4 Executive Committee paper and minutes Section 5 Index and key correspondence Section 6 Detail maps of recommended boundary modifications Page 3 of 83 Section 1 Report to the Board of Natural England meeting on 15 September 2021 Cotswold Water Park Site of Special Scientific Interest (SSSI) 1.1 Executive summary The Cotswold Water Park straddles the borders of Gloucestershire, Wiltshire and Oxfordshire. It is the UK’s largest marl (lime-rich) lake system. The lakes are mostly in two blocks. A larger grouping to the west is centred on the village of Ashton Keynes. A smaller block extends south and south - east of Fairford and around Lechlade. More recently pits have been excavated in the central area, linking the two blocks. A Cotswold Water Park SSSI, consisting of a series of 10 lakes selected for their ‘lake feature’ was notified in 1994. The re-notified Cotswold Water Park SSSI includes almost all of the area of these previously notified SSSIs. It adds a range of special interest features in relation to birds of open waters and their margins in a mosaic with scrub. The special interest of the overall area sits within a single landscape-scale designation, covering 2,074.81 ha, combining the previously notified SSSI with substantial extensions (totalling 1,942 ha). This encompasses key elements of the open waters, marginal habitats and associated scrub, including core areas of nesting, feeding and roosting habitats for nationally important numbers of breeding and non-breeding wetland and scrub bird species. This will stimulate wider conservation in the Cotswold Water Park area by extending protection to a landscape scale, and by providing developers and the recreational interests with certainty over the location and nature of the special nature conservation interests of the area, and how they can help to manage and maintain them. Discussions with owners and occupiers started in 2014. A formal pre-consultation with 435 owners and occupiers was carried out on 13 February 2020 after which the draft boundary was refined. The notification document issued on 7 January 2021 explains why Cotswold Water Park is notified by Natural England as a SSSI. The Cotswold Water Park has 283 owners and occupiers. The notification is the subject of 43 unresolved objections and 11 objections that are resolved subject to the Board agreeing the officers’ recommended modifications to the boundary. A further 16 representations were received, of which 13 expressed support for the SSSI. The grounds for the objections and representations have been carefully considered by officers of Natural England. Officers recommend to the Board of Natural England that the notification of the SSSI under section 28C of the Wildlife and Countryside Act 1981 should be confirmed with modifications identified in objections and representations and by the area team to: • the boundary, to remove 52 areas of land (total area of 168.81 ha) which officers recommend should not be considered to be of special scientific interest; • the maps, to clarify that the site excludes raised or suspended structures such as bridges, jetties, landing stages and decking associated with lakeside properties; • the citation, to reflect the revised area figure (1,906 ha); and • the citation, to include little grebe in the description of the breeding bird assemblages. The modified boundary map and citation recommended for confirmation are attached at section 3 of this report. In all other respects, officers recommend that the matters specified in the 7 January 2021 notification (the list of operations requiring Natural England’s consent and statement of Natural England’s views about the management of the SSSI; see pages 12-17 of the SSSI notification document (in section 2 of this report) should be confirmed without modification. 1.2 Introduction The Cotswold Water Park SSSI was notified on 7 January 2021 under section 28C of the Wildlife and Countryside Act 1981. The enlarged SSSI includes most of the land notified in 1994 and extensions totalling 1,942 ha. Page 4 of 83 Natural England has a duty to notify land as SSSI where it is of the opinion that land is of special interest. Having formed an opinion that the land is of special interest, Natural England has discretion1 as to whether to enlarge a previously notified SSSI under section 28C. That discretion was exercised in this case. This report describes the site and its special interest, and considers the objections and representations made in respect of the 7 January 2021 notification. 1.3 Site description and special interest The Cotswold Water Park is a 40 square mile complex of 177 lakes formed by gravel workings on the borders of Gloucestershire, Wiltshire and Oxfordshire.
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