Impact Avoidance Strategy (including local and strategic measures) for Residential Development upon the Thames Basin Heaths Special Protection Area
April 2010
Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Contents
1 Introduction ...... 1 Map 1.1: Thames Basin Heaths Special Protection Area and locations requiring mitigation ...... 2 Map 1.2: Location of Impact Avoidance Zones in Wokingham Borough ...... 3 2 Legislative Background ...... 4 Stage 1 Test ...... 4 Potential impacts of development upon the Thames Basin Heaths Special Protection Area ...... 4 Information regarding recreational use of the Special Protection Area ..... 5 Research Report - Visitor Access Patterns on the Thames Basin Heaths Special Protection Area ...... 5 Implications of population change around the Thames Basin Heaths Special Protection Area ...... 5 Conclusions on stage 1 test ...... 6 Stage 2 Test ...... 6 Why the Council is preparing a Strategy ...... 6 3. The Solution ...... 7 Thames Basin Heaths Joint Strategic Partnership Board ...... 8 Research Report - The Quality of Green Space features that attract people to open spaces in the Thames Basin Heaths area ...... 8 Conclusion...... 9 4 Options for a SANG within Wokingham Borough ...... 9 Map 4.1 – Location of proposed SANG at Rooks Nest Farm, Barkham Ride, Finchampstead ...... 11 5 SANG at Rooks Nest Farm, Barkham Ride, Finchampstead North ...... 12 Table 5.1: Cost of delivering a SANG at Rooks Nest Farm, Barkham Ride ...... 12 Map 5.1 – 4km zone around Rooks Nest Farm SANG ...... 13 Calculation of a Tariff for Financial Contributions ...... 14 6 Extent proposed SANG will address impacts...... 14 Distances from closest SSSI in the SPA to the proposed Rooks Nest Farm SANG ...... 14 7 Strategic SPA-wide access management and monitoring ...... 15 Table 7.1 – Summary financial calculations for delivering strategic access management and monitoring ...... 15 8 Implementing the Interim Avoidance Strategy ...... 16 9 Reviewing the Interim Avoidance Strategy ...... 17 Appendix 1 – Information on the Thames Basin Heaths Special Protection Area ...... 18 Qualifying Features and conditions ...... 18 Table A1.1: Urban Effects on Lowland Heaths and their Wildlife...... 19 Conservation Objectives ...... 20 Activities likely to cause harm to sites condition ...... 22 Significance of impacts of development upon the SPA ...... 22 Conclusions on recreational impacts of residential development upon the Thames Basin Heaths SPA ...... 25
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Appendix 2 - Development proposed within the authorities surrounding the Thames Basin Heaths SPA ...... 26 Appendix 3 – Natural England’s SANG quality standards ...... 27 Appendix 3A: Site Quality Checklist – for a suite of SANGS ...... 32 Appendix 3B: Site Quality Checklist – for an individual SANGS ...... 34 Appendix 3C: Background ...... 36 Appendix 3C: Background ...... 36 Appendix 4 – Details of how proposed SANG comply with Natural England Site quality checklist ...... 37 Appendix 5 – Details of the Strategic Access Management and Monitoring Project ...... 40 Appendix 5A – Further detail on the cost of delivering the Access Management and Monitoring Service ...... 42 Appendix 6 – Potential Section 106 Agreement regarding the delivery of either Simons Wood or Rooks Nest Farm SANG ...... 43
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1 Introduction 1.1 The Thames Basin Heath Special Protection Area (the SPA) was designated by the Secretary of State on 9 March 2005 under the Wild Birds Directive (79/409/EEC)1 (the Birds Directive). The SPA comprises an area of lowland heath and woodland and is a habitat protected under UK and European law supporting a characteristic landscape and distinctive flora and fauna under threat and in decline. It is referred to as a "European Site" in The Conservation (Natural Habitats & c) Regulations 19942 (the 1994 Regulations) (see below at 2.1).
1.2 The SPA extends over a number of local planning authorities in Surrey, Berkshire and Hampshire and comprises a network of 13 Sites of Special Scientific Interest (SSSI) of predominantly lowland heathland and woodland. The extent of the SPA is illustrated in map 1.1. The SPA was designated due to the presence of breeding populations of three bird species: Dartford Warblers, Woodlarks and Nightjars. These birds nest on or near the ground and as a result they are very susceptible to predation of adults, chicks and eggs (particularly by cats, rats and crows) and to disturbance from informal recreational use, especially walking and dog walking.
1.3 The location of the heaths, being to the south west of London between the M4 and A3 corridors, has historically resulted in the area being subject to high development pressure. The Thames Basin Heath is an area in decline; between 1904 and 2003, 53% of the heathland has been lost with the remaining heath fragmenting from 52 main blocks to 192 smaller blocks over the last century (Land Use Consultants 2005). These heaths hold a considerable number of the endangered birds (Nightjars, Woodlarks and Dartford Warblers). When studies have been carried out on the Thames Basin, urban effect has been shown as contributing to their decline (Hall 1996, Liley 2004, Terence O’Rouke 20043 ).
1.4 Natural England’s visitor survey found that 70% of visitors to the SPA came from within 5km of the site (see map 1.1). The South East Plan envisages the completion of at least 40,000 net additional dwellings within 5km of the SPA between 2006 and 2026 which is likely to lead to between 6 and 8% increases in population. This increase in population is likely to lead to more visits to the SPA. Consequently, proposals for residential development on sites within 5km of the SPA are likely to result in in-combination impacts upon the site. Map 1.2 indicates that whilst no part of the SPA lies within the borough, there are areas that are within 400m and around a third is within 5km (both distances linear).
1.5 This Impact Avoidance Strategy (IAS) primarily relates to proposals for residential development within 5km4 of the SPA, although it could cover some schemes within 7km (see paragraph 9.1). There are likely to be some cases where non-residential development could also have a significant effect on the integrity of the SPA. To address the requirements of the Habitat Regulations such development may therefore require an ‘appropriate assessment’.
1 See http://ec.europa.eu/environment/nature/legislation/birdsdirective/index_en.htm 2 See http://www.opsi.gov.uk/si/si1994/Uksi_19942716_en_1.htm 3 A number of studies are referred to in English Nature Research report, The Quality of Greenspace: features that attract people to open space in the Thames Basin Heaths area, Liley et al, 2004. 4 All references to distances within this document are linear
1 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Map 1.1: Thames Basin Heaths Special Protection Area and locations requiring mitigation
2 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Map 1.2: Location of Impact Avoidance Zones in Wokingham Borough
3 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
2 Legislative Background 2.1 The SPA is protected by the 1994 Regulations, as amended by The Conservation (Natural Habitats & c.) (Amendment) Regulations 2007 (the 2007 Regulations)5. The 2007 Regulations were produced to address the findings of the Commission v the UK Case (C- 6/04) which concluded that planning policy documents must also demonstrate how they will also address any likely significant effects upon European sites. European sites are designated in accordance with the requirements of the Commissions Directives 92/43/EEC (Conservation of natural habitats and of wild fauna and flora) (the Habitats Directive) and the Birds Directive. The 1994 and 2007 Regulations establish a set of procedures for decision-making by "competent authorities" (the Council being one) which are relevant to the determination of applications for planning permission. The requirements of the Habitats Regulations overlay the normal planning consent process and override it to the extent they are applicable. Further guidance is available in Circular 06/2005 "Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System" and European Commission’s guidance "Managing Natura 2000 Sites". The relevant tests to be applied to the Council's decision-making processes are described below.
2.2 Regulation 48 of the 1994 Regulations requires the authority to consider whether the proposed development is likely to have a significant effect upon a designated European site, when consider in combination with other plans or projects. Where significant effects are likely upon a European site, the authority must undertake an Appropriate Assessment of the implications of the proposal upon the site in view of that site's conservation objectives.
2.3 The effect of the Habitats Regulations is that the Council must in deciding whether to grant planning permission for any development (which is not directly connected with or necessary to the management of the European Site) apply two tests. These are the tests of: (1) Whether there are likely significant effects, which is a threshold test to determine whether an application can proceed normally or whether it should proceed to an Appropriate Assessment; (2) If the proposal is likely to have significant effects, then an Appropriate Assessment of the project is required, it is then necessary to consider whether the proposed development will have an adverse effect on the integrity of a European Site (here the SPA).
2.4 Therefore, applying the tests:
Stage 1 Test 2.5 If the Council is satisfied that the proposed development is not likely to have a significant effect on the SPA (either alone or in combination with other plans or projects) the Habitats Regulations are not engaged and the Council may proceed to determine the planning application in the usual way. The test sets a low threshold and is to be approached on a precautionary basis.
Potential impacts of development upon the Thames Basin Heaths Special Protection Area 2.6 The Habitats Regulations Assessments of both the South East Plan and Wokingham Borough Council’s own emerging Core Strategy recognise that the cumulative impact of all net additional residential development within 5km of the SPA was likely to have a significant effect upon the site. The latter also recognised an issue with schemes of 50+ dwellings within 7km of the SPA. This was due to increased recreational use affecting the breeding success of the three birds for which the SPA was designated (Dartford Warbler, Nightjar
5 Available at http://www.opsi.gov.uk/si/si2007/uksi_20071843_en_1. 4 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
and Woodlark). The SPA contains 27.8%, 7.8% and 9.8% (respectively) of the UK’s populations of each of these three species. Details of the evidence associated with the likely significant effects are detailed in appendix 1 and are summarised below (paragraphs 2.10-14).
2.7 All the impacts upon the SPA are derived from an assessment of whether they are likely to be harmful to the overall conservation objectives for the site. Natural England’s draft conservation objective for the SPA is: Subject to natural change, to maintain, in favourable condition, the habitats for the populations of Annex 1 bird species of European importance, with particular reference to lowland heathland and rotationally managed plantation. This conservation objective runs throughout the numerous SSSIs within the SPA region as explained in appendix 1.
2.8 To address the recognised likely significant effects, both the South East Plan (policy NRM6) and the emerging Core Strategy (policy CP8) indicate that a package of measures to address these impacts including the provision of SANG together with contributions towards access management and monitoring.
2.9 The “Report to the Panel for the Draft South East Plan Examination in Public on The Thames Basin Heaths Special Protection Area and Natural England’s Draft Delivery Plan” (the Assessor’s Report) considered (paragraphs 4.6.2-4.6.6) whether SANG were likely to be successful in mitigating the impacts of residential development upon the Special Protection Area. His conclusion was that SANG together with the other elements of SPA mitigation detailed in the South East Plan were likely to be successful.
Information regarding recreational use of the Special Protection Area 2.10 Natural England’s Research Report “Visitor Access Patterns on the Thames Basin Heaths Special Protection Area” indicates how people are currently undertaking recreational activities on this site. Natural England has published further work on “The Quality of Green Space features that attract people to open spaces in the Thames Basin Heaths area”. This latter compared a number of pieces of informal open space both within and near the SPA to establish the key characteristics of what made attractive areas to visit. This proposed SANG therefore needs to provide an alternative to the SPA which reflects the findings of these Research Report’s and the subsequent SANG guidelines.
Research Report - Visitor Access Patterns on the Thames Basin Heaths Special Protection Area 2.11 The Research Report (table 7) confirms that 70% of visitors to the SPA travelled from within 5km and 80% from within 7km (figure 8). The mean distance travelled into the site was 760m (table 9) on a route of around 2.5km (table 8). Table 10 indicates that 75% of visitors also go to other sites for the same activities and these tend to be within 5 miles (8km) (60% of respondents (table 11)). However, table 11 indicates that dog walkers are the least likely to travel further for alternative sites. It is important that the needs of dog walkers are addressed since they comprise 62% of all visitors to the SPA and only 20% are prepared to travel more than 8km. This report indicates that 81% of visitors went to the SPA by car which is similar to the 79% of dog walkers who used this mode of transport. Details of the origin of visitors to the SPA from this survey are detailed in map 1.1.
Implications of population change around the Thames Basin Heaths Special Protection Area 2.12 The work of the Assessor (paragraph 4.4.20) recognised that the population of the 11 authorities around the SPA was likely to increase by between 6 and 8% in the period to 2026. The 2006 based household projects (see Appendix 2) indicate that the increase across the eleven authorities is likely to be around 7% between 2006 and 2026.
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2.13 Furthermore, the Assessor (paragraph 4.4.16) recognised that 40,000 net additional dwellings were envisaged through the draft SE Plan within 5km of the SPA. Through subsequent work (including the preparation of Avoidance Strategies by the other authorities, it is now likely that around 55,000 dwellings will be delivered (appendix 2). This is notwithstanding any additional dwellings that could arise through implementation of this IAS.
2.14 The Visitor Access Patterns Report together with this information of population change/dwelling construction indicates that there is likely to be greater recreational use of the SPA.
Conclusions on stage 1 test 2.15 The information available to the authority indicates that additional residential development within 5km (linear) of the SPA is likely to have a significant effect, especially once considered in combination with other plans or projects. This was as a result of the increased recreational use of the SPA arising from the higher population of the area within the additional homes. Consequently, it was likely that additional residential development within those parts of the borough within 5km of the SPA could have a significant effect upon the site. Depending upon the nature of schemes between 5 and 7km, they may also have an in-combination effect upon the SPA which could be addressed through this IAS. The four Strategic Development Locations allocated through the Council’s submitted Core Strategy (policies CP19-22) will deliver bespoke mitigation solutions which do not rely upon the SANG detailed in the IAS. They will however need to contribute towards appropriate access management and monitoring (see paragraph 4.46 of the Core Strategy).
Stage 2 Test 2.16 An Appropriate Assessment must consider the implications for the European Site in view of that site's conservation objectives. All the aspects of the plan or project which can, either individually or in combination with aspects of other plans or projects, affect the conservation objectives of the site must be identified in the light of the best scientific knowledge in the field. There are obligations with regard to information and consultation. The competent authority must have regard to the manner in which the project is proposed to be carried out or to any conditions or restrictions subject to which it is proposed that the consent, permission or other authorisation should be given. In the light of the conclusions of the assessment, the competent authority must agree to the project only after having ascertained that it will not adversely affect the integrity of the European Site. If it cannot be ascertained that the project will not adversely affect the integrity of the European Site, the authority must then consider whether there are any alternative solutions.
2.17 Following the decision of the Court (R. v. Secretary of State for Communities and Local Government & others ex. p. Hart DC (2008) EWHC 1204 (Admin)) (Dilly Lane), where a plan or project includes measures to avoid the impacts upon a European site, there is no need to undertake an Appropriate Assessment. This is because the delivery of measures as part of the proposals avoids the likely significant effects. This is an important issue for the impact avoidance strategy which aims to deliver such measures.
2.18 Sections 3-8 indicates how the measures proposed through this IAS avoid the likely significant harmful effects of residential development upon the SPA.
Why the Council is preparing a Strategy 2.19 The implications of not granting planning permission for residential development in the longer term are considerable as this would continue the approach operating since autumn 2006. This is where it has generally been impossible for residential development proposals within 5km of the SPA to demonstrate that they do not have a significant effect upon the European site as they do not include avoidance measures. It is anticipated that without an
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effective Avoidance Strategy the Council will for the vast majority of applications for residential development within the southern third of the Borough be unable to satisfy itself that the proposed development will not have a likely significant effect on the SPA. The implication of this is that more proposals for residential development are likely to be necessary within the unaffected two thirds of the borough. This could result in development not occurring in the most sustainable manner.
2.20 If the Council and developers are unable to provide measures to avoid the impact of residential development on the SPA then the Council as Local Planning Authority is likely to have to continue refusing applications in both the short and long term. Such a situation is unsustainable as the local economy could suffer, due to a lack of competitiveness and loss of jobs in the development sector, housing prices could rise as no new residential units or affordable homes are built, and the SPA would continue to be used and damaged due to the lack of alternative sites for recreation.
2.21 Whilst this position would continue on smaller sites, the Council’s submitted Core Strategy promotes four Strategic Development Locations in the borough. These are all within 7km of the SPA (the zone of influence for larger scale proposals) and consequently the Core Strategy requires the provision of SPA avoidance measures as part of the respective schemes. The Habitats Regulations Assessment that accompanied the submitted Core Strategy indicates how the likely significant harmful affects upon the SPA have been addressed. The Core Strategy (as amended) (paragraph 4.46 (i)(b)) also recognises that other schemes of 50+ dwellings may be proposed within 7km of the SPA and that these will need appropriate mitigation and avoidance measures. Depending upon the nature of the proposal, they may be able to contribute towards the approach of this IAS.
2.22 In order for the Council to demonstrate how schemes outside of the Strategic Development Locations can resolve their impacts, the authority has produced this IAS which outlines the issues associated with residential development and how they are addressed.
3. The Solution 3.1 Natural England (which is a statutory consultee regarding applications that may affect SSSIs) taking account of the issues and evidence summarised in section 2 objects to proposals for residential development on sites within 5km of the SPA. This stance reflects policy NRM6 of the South East Plan (May 2009) which also indicates that there is a 400m exclusion zone for residential development on sites within this distance of the SPA. This is due to the risks associated with increased predation of the birds from domestic cats together with impacts from recreation, disturbance, fire, fly-tipping and hydrological effects. Natural England and the SE Plan do not consider that these impacts can be overcome by conditions attached to planning permissions and therefore no development providing net additional dwellings can be permitted within 400m of the SPA. Having regard to planning policy, it is likely that this issue would only arise in Pinewood (Crowthorne) where residential development would generally be acceptable (subject to compliance with policies of the Development Plan) (see map 1.2).
3.2 For residential development applications on sites situated between 400m and 5km (linear) from the SPA, South East Plan Policy NRM6 indicates that the impact of such development upon the SPA can be avoided through a combination of the following measures: a) Access management of the SPA to reduce the impacts of visitors on the site; and b) Provision of alternative areas of informal open space (Suitable Alternative Natural Greenspace – SANG) which could reduce the pressure from visitors on the SPA. The provision of SANG can be through either the delivery of a complete new site as informal open space or through the upgrading of an existing open space site. In either instance, the SANG would need to be delivered to Natural England’s standards (see appendix 3).
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In both instances, contributions towards monitoring the effectiveness of both elements together with the overall package of measures are required under NRM6.
Thames Basin Heaths Joint Strategic Partnership Board 3.3 The Thames Basin Heaths Joint Strategic Partnership Board (JSP)6 at its meeting on 12 February 2009 agreed the Thames Basin Heaths Delivery Framework (the Delivery Framework)7. This was produced following the consultation that the JSP undertook on the Interim Strategic Delivery Framework (ISDF)8 from 19 November 2007 to 15 February 2008. The ISDF refined Natural England’s Delivery Plan to address the concerns of the independent Assessor who considered the validity of its approach during the Examination into the draft South East Plan. The Delivery Framework indicates the following standards for the delivery of SANG: a) They should be provided at a rate equating to a minimum of 8 hectares per thousand population; b) The requirement should be based on an average household size of 2.4 persons (unless local evidence indicates otherwise) c) SANGS must have a minimum size of 2 ha: d) A 2 ha SANG would serve a catchment of 2km, 12 ha would serve 4km and 20ha serves 5km. e) The SANG must be available before the occupation of the dwelling upon which its impact avoidance relies. f) Where a SANG is based upon an existing area of open space, a discount of the current visitor usage would be required. g) Each SANG should meet Natural England’s quality standards (see Appendix 3) h) SANGS should be funded from developer contributions. The contributions will take account of the costs of acquisition and upgrading together with the in perpetuity ones associates with maintenance and management.
3.4 The production of the IAS details how the elements of the SPA avoidance measures advocated by the JSP (in line with that envisaged in the South East Plan) can be delivered. Whilst the IAS is being produced as an interim measure, it is likely that any future update/review will be included in the Council’s Planning Obligations Supplementary Planning Document.
3.5 The IAS therefore details the packages of measures that need to be funded by residential proposals in order to address their impacts upon the SPA. Whilst a developer may be able to deliver their own SANG and consequently avoid that element of the charge, all residential proposals within 5km of the SPA will need to fund their share of the costs of the access management works together with those associated with monitoring its effectiveness (See South East Plan policy NRM6 (vi, viii and ix). Further information on this is set out is section ccc.
Research Report - The Quality of Green Space features that attract people to open spaces in the Thames Basin Heaths area 3.6 In addition to the research associated with the impacts of development upon the SPA, Natural England has also commissioned work on what attracts people to visit different types of open space around the SPA. The Quality of Green Space report is useful as it confirms that “for alternative sites to attract visitors away from the SPA, alternative sites will need to contain semi-natural habitats, and it would appear that a variety of interest within the site –
6 Available at http://www.southeast-ra.gov.uk/sustainability_tbh_jsp.html. The JSP is made up of representatives of the 11 local authorities (including Wokingham Borough) surround the SPA, Hampshire & Surrey County Council’s together with the Partnership Board – SEEPB. 7 Available at http://www.southeast- ra.gov.uk/documents/sustainability/thames_basin_heaths/delivery_framework_march2009.pdf. 8 Available at http://www.southeast- ra.gov.uk/documents/sustainability/thames_basin_heaths/draft_isdp_consult_final.pdf. 8 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
water, undulating ground, tree cover – would be important. However, access to sites is clearly crucial, and alternative sites should be located close to population centres and with convenient vehicle access. Alternative sites should also feel safe to visitors“.
3.7 Through the survey work, it indicated that ability to walk to areas of informal open space were of least importance with site safety and the ability to let dogs off lead key. The survey work has provided information on the key characteristics of a site that would make it attractive, especially with regard to the SPA. The provision of new or enhanced areas of informal open space (SANG) is therefore a part of the solution for addressing the impacts of residential development upon the SPA. The information in the Natural England’s research reports has been used to their SANG Guidelines (included as appendix 3).
Conclusion 3.8 In the Dilly Lane case, the Court concluded (paragraph 49) that a decision maker was entitled to place great weight on the advice of Natural England. Since they have advised the JSB and the approach of the South East Plan, the Council in determining planning applications based upon the IAS can take the same view. Furthermore, since the SANG Guidelines have been produced by Natural England; the same approach can be taken by the Council with respect of their application.
3.9 The approval of this IAS can be considered as part of the plan or project as and when planning applications for residential development are submitted (provided the applicant is prepared to contribute towards the measures it advocates). The approval of the IAS thereby avoids the need to consider step 2 in the Appropriate Assessment process. This is important as since autumn 2006, the Council has generally been unable to satisfy its self that proposed residential developments within 5km of the SPA would not have a significant effect on the SPA and therefore a precautionary approach for planning applications that involve net new dwellings within 5km of the SPA has been applied. Consequently, unless schemes were able to supply their own avoidance measures (e.g. as occurred at Plough Lane, Wokingham – application no. F/2007/2517), the authority had been unable to agree the proposed residential scheme. The lack of avoidance measures has particularly affected smaller schemes where it is not possible to find on site avoidance measures meeting Natural England’s standards. The Council could also use the SANG proposed in this IAS to help mitigate the impacts of large scale residential developments (50+ dwellings) on sites within 7km of the SPA, where they are also likely to have an effect. Any scheme relying on the SANG in this IAS must also be within its catchment (see paragraph 3.3).
3.10 To fully address the impacts of residential development upon the TBHSPA, a contribution towards Strategic Access Management and Monitoring will be required. These measures will demonstrate the effectiveness of the overall solution and thereby complimenting the evidence base (see section 8).
4 Options for a SANG within Wokingham Borough 4.1 South East Plan policy NRM6 and the Delivery Framework both recognise that there are two options for the delivery of a SANG as mitigation. This can either be through the enhancement/upgrading of an existing area of open space (with capacity to accommodate additional visitors) or the delivery of a new site. The authority commissioned Footprint Ecology9 in summer 2007 to undertake a survey of 8 areas of open space that were larger than 12ha within the southern part of the borough. 12 ha was selected as the minimum sized site surveyed as this reflected the approach within English Nature’s then Delivery Plan for SANG that could serve residential proposals within 4km of it. The Delivery Framework still recognises that a 12 ha site will mitigate the impacts of residential developments within 4km of it. The authority did not commission surveys of smaller sites than 12 ha as its Open Space Audit (undertaken in accordance with PPG17) did not
9 Available at: www.wokingham.gov.uk/sangvisitorsurvey. 9 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
indicate any areas of informal open space within 5km of the SPA. Consequently, it was not considered that it was likely that capacity could be found from smaller sites. Furthermore, the authority is aware that Natural England’s quality standards emphasize the need to be able to accommodate at least a 2.5km walk within the site. This length of walk is generally only feasible in sites of at least 12 ha.
4.2 The survey undertaken by Footprint Ecology indicated that only Simons Wood (off Wellingtonia Avenue, Crowthorne) had any capacity for additional visitors. However, as this site is owned by the National Trust, the authority needed to discuss whether they were prepared to change the management/maintenance of the site so that it would then meet Natural England’s requirements as a SANG. The other sites surveyed by Footprint Ecology either did not have any additional capacity or were affected by ecology and other constraints e.g. ability to deliver a car park. The authority has therefore been seeking agreement that the National Trust is prepared to allow the use of Simons Wood as a SANG, and the costs associated with this. Explain why not proceeding with Simons wood.
4.3 Whilst upgrading an existing open space site to function as a SANG is one of the options for such sites, the alternative is the delivery of a site that it not currently in open space use. This can either be through the extension of an existing area of open space (such as has been approved at Keephatch Woods associated with planning application F/2007/2517) or the delivery of a completely new site. For the delivery of a both options, the authority could look towards either publically or privately owned land, although to minimise the risk of further delaying the delivery of housing, it may be more appropriate to initially review the Council’s own land holdings.
4.4 The Council owns a variety of land around the borough including a number of farms which were transferred to its ownership following the abolition of Berkshire County Council on 1 April 1998. Following the decision of the Council’s Executive on 19 February 2009, a planning application (F/2009/1388) was submitted for the change of use of part of the Council’s landholdings off Barkham Ride from agriculture to a SANG. Planning permission was granted for this proposal on 24 August 2009 for the delivery of a 18.5 ha SANG (see map 4.1). Further details of this proposal on Council owned land is set out in Section 5.
4.5 The authority has not undertaken a Habitat Regulations Assessment of this IAS, instead, the need for such appraisal will occur as part of the determination of any planning application dependent upon this as a solution, although the evidence in this document could inform such an assessment. Consequently, the Council in line with the Dilly Lane case could take account of compliance of a proposal with the IAS in considering whether a formal Habitats Regulations Assessment was necessary.
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Map 4.1 – Location of proposed SANG at Rooks Nest Farm, Barkham Ride, Finchampstead
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5 SANG at Rooks Nest Farm, Barkham Ride, Finchampstead North 5.1 Natural England’s approach to mitigation indicates that in addition to upgrading an existing site, it is also possible to deliver a SANG on a site that does not current have public access. The Council’s Executive on 19 February 2009 agreed to convert part of its landholdings to a SANG in the event that the RIF bid for Simons Wood was unsuccessful. Planning permission was granted on 24th August 2009 application for the change of use of part of the Council’s landholdings from agriculture to SANG (F/2009/1388) at Rooks Nest Farm. The Council served notice on the tenants during September 2009 and expects to commence implementation of the permission in late autumn 2010. The SANG would then be operation around Easter 2011. This timetable is dependent upon the authority pump priming the implementation of the SANG through its 2009/10 budget setting process.
5.2 The authority has undertaken an initial assessment of the costs involved in delivering a SANG at Rooks Nest Farm, off Barkham Ride and these are detailed in table 5.1. The authority currently only has an approximate total figure for undertaking this work as it has not been through any formal tendering processes. This process will be undertaken once planning permission has been granted together with agreement to fund its initial works.
Table 5.1: Cost of delivering a SANG at Rooks Nest Farm, Barkham Ride Item Cost Design & contract scheme TBC Submit planning application for change of use of site (including provision of car park) TBC Construct new 25 space car park TBC Car park height barrier TBC Steel vehicle security gates TBC New footpaths (1.75m wide with edging boards) TBC New boundary fences (stock netting and one strand of plain wire TBC New boundary fences (post and rail around gate ways) TBC New access gates (disabled access kissing wickets) TBC 1 new bridge for ditch from Gilbert way TBC Supply and plant area with native trees and shrubs at 1,100 trees per ha TBC Wildflower seed mix at 40kg/ha TBC Machinery costs for reseeding new meadows TBC Dog bins TBC Interpretation panel TBC Welcome boards TBC Site promotion leaflet TBC Contingency TBC Total laying out costs £250,000
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Map 5.1 – 4km zone around Rooks Nest Farm SANG
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5.3 In addition to laying out costs detailed above, the authority would also need to obtain funding to maintaining the site in perpetuity. This is based on achieving a fund that would payout the Council’s Countryside Service budget based on a per hectare cost. In 2007/08 this was £1,951/ha. Consequently, to manage an additional 18.5 ha, the Countryside Services budget would need to be increased by £36,094. To create a fund to pay this out annually, it is estimated that around £1.8 million would be required. Additionally, the authority will require compensation for the loss of use of this asset which is provisionally estimated at £0.8 million. The total costs of delivering a SANG at Rooks Nest Farm is therefore estimated to be around £3.1 million.
Calculation of a Tariff for Financial Contributions
5.4 Planning permission has been granted for the change of use of 18.5 ha of agricultural land to a SANG as explained above. In line with the Delivery Framework, an 18.5 ha SANG has a catchment of 4km (as illustrated in map 5.1).
5.5 Policy NRM6 of the South East Plan indicates that SANG needs to be provided a minimum of 8 ha per 1,000 net additional residents. This means that the 18.5 ha of new informal open space delivered as a SANG could mitigate for up to 2,312 additional people. The Inspector who examined the submitted Core Strategy concluded that 2.4 persons per household was the appropriate size for considering SANG capacity. The 2,312 people within Wokingham Borough who could then use Rooks Nest Farm as their mitigation would occupy 963 dwellings. The cost per dwelling would therefore be around £2,940.
5.6 In addition to the cost of the SANG, the authority will also need to seek a contribution towards Strategic Access Management and Monitoring Arrangements. This is explained in section 7.
6 Extent proposed SANG will address impacts.
6.1 Based upon the information referred to above from the Visitor Access Patterns Research Report (see paragraph 2.11), it is important to consider the distance from the proposed SANG to existing areas within the SPA. This is detailed below
Distances from closest SSSI in the SPA to the proposed Rooks Nest Farm SANG Bramshill Plantation – 4km Sandhurst to Owlsmoor Bog and Heaths – 5.5km Broadmoor to Bagshot Wood and Heaths – 5.4km
6.2 Since the SANG lies within 8km of all the closest parts of the SPA, having regard to the Research Report referred to above, existing visitors are likely to use either of these SANG. Furthermore, if new residents followed the same visitor patterns as current residents, they would also be likely to use this new site for informal recreation. Additionally, as the SANG covers an area of at least 12 ha, it is able to mitigate residential development within 4km of the site (see map 5.1).
6.3 In addition to the ability of either of these sites mitigating for the impacts of residential developments within 5km of the SPA, South East Plan policy NRM6 also indicates that proposals delivery nine or less net additional dwellings do not need to be in close proximity of this site as a SANG.
14 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
6.4 Consequently, the Council can conclude that Rooks Nest Farm could provide some mitigation for impacts of residential development upon the SPA. To ensure full effectiveness of the solution, access management and monitoring would also need to be provided. This is explained further in the Screening Report for whether an Appropriate Assessment is required for the Managing Development Delivery Development Plan Document.
7 Strategic SPA-wide access management and monitoring 7.1 The approach of the Delivery Framework and the South East Plan (policy NRM6) recognise that the provision of SANG is only part of the solution to avoiding and mitigating the likely significant harmful effects of residential development upon the SPA. The other part of the solution is the delivery of visitor management upon the SPA itself.
7.2 The Assessor for the South East Plan accepted that, along with the provision of SANG, Access (or visitor) Management of the SPA could also reduce risk to the protected wildlife. In order to avoid displacing visitors from one part of the SPA to another, this needs to be done in strategic manner across all affected 11 Local Authorities and involving all land managers of the publicly accessible SPA. The Assessor recommended that requirement for SANG was reduced from the original Delivery Plan standards and the principle of strategic access management was accepted and proposals developed and implemented. This is the approach advocated in both the South East Plan and the Delivery Framework.
7.3 Strategic access and management is being co-ordinated across the SPA through Natural England and involves wardening, facilitation and education/communication services together with an overall monitoring role. The latter provides an overview to provide evidence that the package of measures proposed is avoiding and mitigating the impacts of residential development upon the SPA. Further details of the access management and monitoring services are provided in appendix 5.
7.4 The JSP at their meetings on 12th February and 18th June 2009 considered approaches for these strategic measures could be financed. The summary costs are detailed in table 8.1 with further information provided in appendix 5.
Table 7.1 – Summary financial calculations for delivering strategic access management and monitoring
One-off set up costs Capital £55,000 Such as people counters Establishing a £40,000 Surveys and analysis baseline Sub-total £95,000 Contingency @ 10% £10,000 Total set up costs £105,000 Annual cost (over 17 £6,200 years)
Base line annual Project Co-ordinator £80,000 Staff costs for posts cost plus Education and hosted by Natural Communication officer England Wardening £310,000 4 full time, 10 seasonal wardens Monitoring £49,000 see monitoring strategy Hampshire CC finance £20,000 Costs for Treasurer
15 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
function Sub-total £459,000 Contingency @ 10% £46,000 Total £505,000
Total annual cost £511,200
7.5 The work of Hampshire County Council’s treasurer’s department assessed what level of contributions would be required to ensure that this could be delivered in perpetuity (based upon a variety of assumptions on interest rates and inflation). The Joint Strategic Partnership Board at their meeting on 18 June 2009 agreed that a £630 per dwelling contribution would be sufficient to cover these costs (based upon 3% inflations and interest of investments). The actual amount would be reviewed annually to ensure that it would be sufficient to ensure delivery of the service in perpetuity.
7.6 Having regard to the earlier work (including the Assessor’s Report), it can be that schemes making contributions in line with this IAS to SANG, access management and monitoring are likely to demonstrate that they have avoid their likely significant effects, especially as the approach reflects the advice of Natural England. However, the Council will need to decide on the specifics of each proposal whether compliance with the broad approach of the IAS addresses the impacts of residential development upon the SPA. 8 Implementing the Interim Avoidance Strategy 8.1 All applications for residential planning permission must be determined on a case by case basis and assessed against any concerns of adverse effect on the SPA identified by Natural England. Applications providing a net gain in housing units within 5km of the SPA are likely to have a significant effect upon the SPA. Furthermore, in line with the approach of the South East Plan (paragraph 9.3), the Delivery Framework (paragraph 4.4) and the Core Strategy (paragraph 4.49(i)(b)), residential schemes delivering at least 50 net additional dwellings that also require avoidance measures due to their proximity to the SPA (within 7km (linear)) could also contribute towards the implementation of this strategy where the scheme requires such measures.
8.2 Having regard to the findings of the Dilly Lane case, it is appropriate to consider that where an applicant is prepared to agree the funding of a SANG through this IAS, there is unlikely to be a significant effect upon the SPA and consequently no Appropriate Assessment is required. In order to satisfy this, the Council will expect an applicant to include with their application a draft unilateral undertaking indicating that they are prepared to fund the measures detailed in the IAS. This is consistent with the approach detailed in the Screening for the Managing Development Delivery Development Plan Document.
8.3 Whilst with the avoidance strategies of the other authorities around the SPA, the unilateral or subsequent planning obligation identifies specific measures that the scheme will fund, as all the works to deliver either Simons Wood or Rooks Nest Farm as a SANG will have been pre-paid by the Borough Council in order to deliver an appropriate site that meets Natural England standards, any contribution received will be used to reimburse the expenditure already incurred.
8.4 The contribution to avoiding SPA impacts detailed in the IAS will need to be paid upon commencement of the construction work of each net additional dwelling within 5km of the SPA.
8.5 The collection of monies will be through the standard process currently administered by the S106 Officer; however, the implementation of SANG avoidance works will be monitored and managed by the Countryside Service. The implementation of strategic access
16 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
management and monitoring work is overseen by the Access Management Project which reports its progress to the Joint Strategic Partnership Board.
8.6 In addition to the charges detailed in table 5.1, the authority will also need to collect the tariff for Strategic Access Management and Monitoring Measures as detailed in section 8. The advice to the meeting is that a contribution of £630 per dwelling should be sought. Consequently, the total charge per dwelling for Barkham Farms is £4,030. 9 Reviewing the Interim Avoidance Strategy 9.1 This IAS will be used until a decision either its contents are included within the forthcoming Planning Obligations Supplementary Planning Document (SPD) or within a joint Local Development Document produced with one or more other authorities affected by the SPA.
9.2 It is anticipated that the Strategy will be reviewed on an annual basis, after the Joint Strategic Partnership Board has updated their advice on strategic access management and monitoring.
17 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Appendix 1 – Information on the Thames Basin Heaths Special Protection Area A1.1 The SPA covers an area of 8,274 hectares and lies across three administrative counties: Berkshire, Hampshire and Surrey. The key characteristic of the SPA is that the area is particularly diverse with some areas being populated by towns and villages, whilst other areas are surrounded by agricultural land and woodland. The area is typically unenclosed, which makes it more susceptible to trampling effects.
A1.2 Whilst the western part of the area is well-wooded with grazed pasture, it remains in good condition due to the large array of tree species that populate the area- namely oak, birch, bracken and pine. Across the SPA, the area is predominantly covered by heath, scrub, maquis, garrigue and phygrana (44%) and coniferous woodland (34.2%). There are some areas of broad-leaved deciduous woodland (7%), bogs, marshes, water fringes vegetation and fens (4.9%), evergreen woodland (10%), mixed woodland (3.6%), inland water bodies (0.6%) and other land such as towns, villages, roads, waste places, mines, and industrial sites (5.7%). The soil and geology is a mix of acidic, alluvium, clay, nutrient-poor, sand and sedimentary. The geomorphology and landscape is classified as lowland.
Qualifying Features and conditions A1.3 The Thames Basin Heaths SPA is designated for three Annex 1 bird species, namely: • Nightjar (Caprimulgus europaeus) • Woodlark (Lullula arborea) • Dartford warbler (Sylvia undata)
Nightjar (Caprimulgus europaeus) A1.4 Nightjars are highly migratory and birds leave temperate breeding areas to warmer climates in Africa during winter. In the UK, Ireland and central Europe its distribution tends to be sporadic, reflecting the scattered availability of good breeding habitat. Nightjars breeding in the UK are concentrated in southern and south eastern England and East Anglia. Nightjars are predominantly found within heathland and woodland edges.
A1.5 The Nightjars required bare ground to nest on. They utilise conifer plantations where new planting has not occurred yet. Densities are higher in areas where plantations are close to large areas of heathland. They will often feed away from heaths, travelling up to 8km from the nest each night.
A1.6 Until recently, the nightjar had undergone a very long-term population decline and range contraction, associated with loss of lowland heathland and possibly climate change altering the availability of invertebrate food.
A1.7 The Thames Basin Heaths SPA supports 7.8% of the breeding population of nightjar in Great Britain (count mean 1998-1999)
Woodlark (Lullula arborea) A1.8 Woodlarks are widely distributed across Europe, but occur only in the most southern parts of Scandinavia and Britain. This reflects its preference for Mediterranean and temperate climatic conditions with warm summers and mild winters.
A1.9 Its breeding within the UK is therefore confined to Southern England. Woodlarks are ground nesting birds, breeding on grazed healthland and cleared forestry plantations. They feed on foot and catch invertebrates, as well as searching for seeds.
A1.10 When Woodlarks return from migration in early February, they tend to locate to the same area, or within 0.5km of where they were the previous years. Apparently suitable habitat is also more likely to be colonised if it was previously occupied or close to areas used by
18 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
woodlarks. The first nest appears in early March and nesting continues until July. Pairs will re-nest within the same season. Young birds also occupy territories close to their natal site.
A1.11 The SPA supports 9.9% of the breeding population of Woodlark in Great Britain (count carried out in 1997)
Dartford warbler (Sylvia undata) A1.12 The Dartford Warbler’s breeding ground is predominantly restricted to the western part of the Mediterranean region- with its most northerly limit reaching Southern England (mainly Dorset, Hampshire and Surrey).
A1.13 The Dartford warbler is a resident breeding bird, making it very susceptible to severe winter weather. Prolonged cold spells (including lying snow) leads to a sharp drop in population numbers. In the UK it is most typically found on lowland dry heathlands, with heather (Calluna vulgaris) and gorse (Ulex spp). Large areas of heathland typically hold higher densities of breeding birds than fragmented and isolated habitats.
A1.14 The most productive territories are those that contain gorse (Ulex spp). This is most probably due to the greater abundance of invertebrate prey and increased shelter during winter. The Darftord warbler breeds on dry lowland heathland and unlike young Woodlarks, the young Dartford warblers disperse widely; facilitating re-colonisation after population crashes.
A1.15 The SPA supports approximately 27.8% of the breeding population in Great Britain (figure from 1999 count).
Lowland Heaths A1.16 The SPA has been designated on species that are predominantly within heathland. It is vitally important to consider any impacts developments may have upon these lowland heaths.
A1.17 Natural England has published a comprehensive literature review of urban effects of lowland heaths and their wildlife10. Table A1.1 outlines the main effects:
Table A1.1: Urban Effects on Lowland Heaths and their Wildlife.
Effect Comment Reduction in area - Fragmentation of heaths - Supporting habitats • Less semi-natural habitat adjoining heaths Predation • Cat/Rat preditation on ground nesting birds and reptiles Disruption to hydrology • Diversification of pre-existing natural water sources away from heathland catchments • Rapid runoff from overflows, spills, accidents. Pollution • Changes in pH of water supplies to heathland • Enrichment of pollutants from urban run-off • Pollutants from overflows, spills and accidents. Sand and gravel working • Mineral workings destroying habitat and disrupting with landfill after use hydrology • Polluted water can leak from landfill. Enrichment • Dog excrement causes vegetation change along sides of paths
10 J C Underhill-Day, English Nature Research Report Number 623 (2005) ‘A literature review of urban effects on lowland heaths and their wildlife’. 19 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Effect Comment • Rubbish dumping by roads and from gardens Roads • Increased fire risk from car thrown cigarettes • Pollution/enrichment causing vegetation change from vehicles in transport corridor. • Roads forming barriers to species mobility • Road kills increasing mortality rates • Noise and light pollution from traffic Service infrastructures both • Disturbance during construction and maintenance over and under heathland • Leakage from underground pipes and sewers • Changes to heathland hydrology • Pole providing bird predator look-out posts Disturbance • Changes in breeding bird and animal distributions • Reduction in breeding success of birds/animals Trampling • Changes to vegetation • Creation of bare areas and subsequent soil erosion • Damage to bare ground reptiles and invertebrate habitats and populations • Increases in path networks • Damage to archaeological features. Fire • Increased frequency of fires with majority in spring and summer • Long term vegetation changes • Increased mortality of heathland animals/birds Vandalism • Fragmentation/reduction of habitats on heath Public hostility to • Opposition to management e.g. tree felling, fencing conservation management and grazing. Management costs • Greatly increased management costs on urban heaths
Conservation Objectives A1.18 Natural England has prepared draft conservation objectives for the SPA. The draft objective is: Subject to natural change, to maintain, in favourable condition, the habitats for the populations of Annex 1 bird species of European importance, with particular reference to lowland heathland and rotationally managed plantation.
A1.19 The conservation objectives for the international interests on the SSSI are: Chobham Common SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar, woodlark and Dartford warbler) of international importance, with particular reference to lowland heathland (incorporating afforested areas). Broadmoor to Bagshot Woods and Heaths SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar, woodlark and Dartford warbler) of international importance, with particular reference to lowland heathland and rotationally managed plantation. Bourley and Long Valley SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar, woodlark and Dartford warbler) of international importance, with particular reference to lowland heathland. Eelmoor Marsh SSSI and Hazeley Heaths SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar and woodlark) of international importance, with particular reference to lowland heathland. Sandhurst to Owlsmoor Bogs and Heaths SSSI:
20 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
• To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (woodlark) of international importance, with particular reference to lowland heathland. Whitmoor Common SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar) of international importance, with particular reference to lowland heathland. Bramshill SSSI and Castle Bottom to Yateley Common SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar, woodlark and Dartford warbler) of international importance, with particular reference to lowland heathland (incorporating afforested areas). Horsell Common SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar and woodlark) of international importance, with particular reference to lowland heathland (incorporating afforested areas). Oakham and Wisley Common SSSI: • To maintain, in favourable condition, the habitats for the populations of Annex 1 bird species (nightjar) of international importance, with particular reference to lowland heathland (incorporating afforested areas).
A1.20 The table below provides information on the condition of the SSSI making up the SPA.
SSSI Name Condition Ash to Brookwood Heaths Unfavourable, recovering (83%); Favourable (14%); Unfavourable, no change (3%) Bourley and Long Valley Unfavourable, recovering (85%); Unfavourable, no change (10%); Unfavourable, declining (4%); Favourable (1%) Bramshill Unfavourable, recovering (59%); Unfavourable, declining (41%) Broadmoor to Bagshot Woods Unfavourable, recovering (80%); Unfavourable, declining and Heaths (15%), Favourable (5%) Castle Bottom to Yateley and Unfavourable, declining (43%); Favourable (27%); Hawley Commons Unfavourable, recovering (17%); Unfavourable, no change (13%); Chobham Common Unfavourable, recovering (36%); Unfavourable, declining (31%); Unfavourable, no change (18%); Favourable (15%) Colony Bog and Bagshot Heath Unfavourable, declining (59%); Unfavourable, recovering (23%); Unfavourable, no change (17.5%); Favourable (0.5%) Eelmoor Marsh Favourable (55%); Unfavourable, recovering (45%) Hazeley Heath Unfavourable, declining (96%); Favourable (3%); Unfavourable, no change (1%) Horsell Common Unfavourable, recovering (61%); Unfavourable, no change (22%); Favourable (17%) Ockham and Wisley Commons Unfavourable, recovering (98%); Unfavourable, declining (2%) Sandhurst to Owlsmoor Bogs Unfavourable, recovering (100%) and Heaths Whitmoor Common Unfavourable, no change (69%); Unfavourable, recovering (31%);
21 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010) Activities likely to cause harm to sites condition A1.21 Following consideration of the Natura 2000 Standard Data Forms, PDO in the component Sites of Special Scientific Interest (SSSI) notification sheets and the SE Plan AA, it is likely that development could impact upon the SPA in one of the following ways. . Recreational disturbance on vegetation and bird population by visitors . Air quality . Water quality . Water levels . Predation of bird population
Significance of impacts of development upon the SPA
Recreational disturbance on vegetation and bird population by visitors A1.22 Studies into the impact of recreational disturbance and urbanisation effects on the important bird populations have generally been related to the individual species. It should also be noted that effects of disturbance and urbanisation might operate synergistically, meaning it is often difficult to separate the two issues.
A1.23 With regards to the nightjar, literature produced by Underhill-Day11 provides an overview of urban effects on lowland heaths and their wildlife and suggests that leisure activities on heathlands could be a contributory factor in the decline of nightjar populations.
A1.24 Research carried out by Liley and Clarke12 found that there was a negative relationship between the extent of urban development and nightjar density in Dorset. Coupled with this, Murison13 identified a negative relationship between urban development and both nightjar density and breeding success. In the study by Woodfield and Langston14, no significant differences were identified between successful and unsuccessful nests in distances to nearest low, medium or high use paths, or to all paths, or to access points.
A1.25 With larger samples, Murison15 found that nests that failed were closer to paths and had greater lengths of paths overall within 100m and 500m of nest sites, with greater lengths of medium and high use paths within 500m. Murison also found that nests which were predated were significantly closer to paths, and had greater lengths of medium and high use path within 500m than un-predated nests. These results provide substantial evidence that recreational disturbance from path use is linked to lower breeding success by nightjars, and that the ultimate cause of nest failure is predation. The results also strongly suggest that the effects are greatest with medium and high use paths, and therefore that the intensity of use is relevant to nightjar nest survival.
A1.26 In a study by Liley et al16, when considering the impact of urban development on nightjar on this SPA, they found a clear trend for nightjar density to decline with increasing visitor pressure, particularly on the SPA. The decline appears to be gradual with no clear cut-off
11 J C Underhill-Day, English Nature Research Report Number 623 (2005) ‘A literature review of urban effects on lowland heaths and their wildlife’ 12 D Liley and R T Clarke, English Nature Research Report 463 (2002) ‘Urban development adjacent to heathland sites in Dorset: the effect on the density and settlement patterns of Annex 1 bird species’ and Biological Conservation 114, 219-230 (2003) ‘The Impact of urban development and human disturbance on the numbers of nightjar Caprimulgus europaeus on heathland in Dorset’. 13 G Murison, English nature Research Report 483 (2002) ‘The impact of human disturbance on the breeding success of nightjar Caprimulgus europaeus on heathlands in south Dorset’. 14 F Woodfield and R Langston, RSPB Research Report No. 11 (2004) ‘A study of the effects on breeding nightjars of disturbance due to human access on foot to heathland’. 15 G Murison, English nature Research Report 483 (2002) ‘The impact of human disturbance on the breeding success of nightjar Caprimulgus europaeus on heathlands in south Dorset’. 16 D Liley, R T Clarke, J W Mallord J M Bullock, Footprint Ecology and the Centre for Ecology and Hydrology (2006) ‘The effect of urban development and recreational access on the distribution and abundance of nightjars on the Thames Basin and Dorset Heaths’. 22 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
point at which a marked change in nightjar density occurs. This trend is less clear across the Dorset Heaths Special Protection Area (the Dorset Heaths). This study shows: • Clear links between housing, access and nightjar numbers on sites. • Visitor levels are typically higher for this SPA than the Dorset Heaths. • There are impacts of development on nightjar numbers for both this SPA and the Dorset Heaths. • It is not unreasonable to transfer the results of nightjar research conducted in Dorset to this SPA.
Woodlark: A1.27 While Liley and Clarke17 did not show an association between woodlark densities and urban development around sites, the studies by Mallord18 and Mallord et al19 found there was a significant increase in the level of measured recreational disturbance as the percentage urban cover within 500m of sites boundaries increased. Mallord also found that territory occupancy was negatively correlated with higher levels of recreational disturbance. In other words, the more housing surrounding the site, the higher the levels of disturbance and the fewer suitable breeding sites occupied by woodlarks. He found that measures of recreational activity were shown to provide a significant predictor of woodlark occupancy of suitable habitat within sites.
A1.28 Taylor20 found that as recreational activity and corvid numbers increased, so did predation of artificial nests at the site scale, and that this association was significant for early season, but not late season nests. At the habitat patch scale the early season association between predation and recreational disturbance was significant, indicating that early (artificial) nests are susceptible to predation due to disturbance in small habitat patches, but no association was found between corvid abundance and either early or late season predation levels at the habitat scale.
Dartford Warbler: A1.29 Dartford warblers are not ground nesting, unlike nightjar and woodlark, however can be found nesting and foraging on gorse bushes. A study by Murison et al21 found a clear association between Dartford warbler breeding parameters and levels of disturbance by humans and their pets. It also showed the effects are moderated by habitat variables, with heather dominated territories more clearly affected than gorse territories. Later nesting Dartford warblers are significantly less successful than earlier nesters, and the effect of disturbance is to significantly delay the onset of breeding, and for birds nesting on territory edges, to significantly increase the chance of failure.
Applicability of Dorset Studies to the Thames Basin Heaths A1.30 Whilst most of the studies have been concentrated on the Dorset Heaths and not this SPA specifically, there is a clear indication of issues that need to be considered.
A1.31 There are, however, stark differences in the Dorest Heaths – such as the spread of urban development and the size of heathlands. Even so, the overall combination and concentration of heathland parcels are similar in that they provide a mixture of habitats and size. In addition visitor studies have suggested the local and visiting population use both areas in similar ways. It is therefore generally accepted that the same behaviour will affect
17 D Liley and R T Clarke, English Nature Research Report 463 (2002) ‘Urban development adjacent to heathland sites in Dorset: the effect on the density and settlement patterns of Annex 1 d species’. 18 J W Mallord, School of Biological Sciences (2005) ‘Predicting the consequences of human disturbance, urbanisation and fragmentation for a woodlark Lullula arborea population’. 19 J W Mallord, P Dolman, A F Brown, J W Sutherland (2006) ‘Linking recreational disturbance to population size in a ground nesting passerine’, Journal of Applied Ecology. 20 E C Taylor UEA (2002) ‘Predation risk in woodlark Lullula arborea habitat: the influence of recreational disturbance, predator abundance, nest site characteristics and temporal factors’. 21 G Murison, J M Bullock, J Underhill-Day, R Langston, A F Brown, W J Sutherland (2006) ‘Habitat type determines the effect of disturbance on the breeding productivity of Dartford warbler Sylvia undata’ 23 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
the species in a similar way and that the information and studies carried out in the Dorset Heaths are relatively relevant to the TBH, with the exception of location to development sites in urban areas, as each settlement is places a different strain on the surrounding flora and fauna.
A1.32 A Study undertaken by the Environmental Dimension Partnership (EDP)22 considered the correlation between urban development and overall bird densities for this SPA for nightjar, woodlark and Dartford warbler. No correlation was found between urban development and bird densities, however a correlation was found between habitat and density and between distance to the edge of a SPA component and the number of territories. Natural England and the Royal Society for the Protection of Birds have both reviewed the EDP study and commissioned further reviews by independent scientists23. Unfortunately, the various reviews carried out after its publication indicate that there are problems with the study and would therefore not be capable of publication in a peer-review journal. The criticisms relate to the small sample size of sites used, the probable inclusion of unsuitable habitats and inappropriate use of univariate statistics. It is subsequently afforded a low scientific weight.
A1.33 Contrastingly Liley et al’s24 study referred to earlier found a negative correlation between the amount of surrounding urban development and the density of nightjar territories. The research indicates there is a correlation between nightjar density and urban development. There is also evidence of similar effects on woodlark and Dartford Warbler.
A1.34 The Assessor’s Report (paragraph 4.3.27) recognises that research generally indicates that further residential development around the SPA was likely to have an effect on the breeding success of the Annex 1 birds. Disturbance appears to have an impact in various ways including: • Through increased nest predation by natural predators when adults birds are flushed from the nest or deterred from returning to it by the presence of people or dogs. • Chicks or eggs dying of exposure because adult birds are kept away from the nest. • Through accidental trampling of the eggs by people, given that the nest is on the ground and often close to footpaths. • Through predation of chicks or eggs by domestic dogs. • Increasing stress levels in adult birds
A1.35 Visitor surveys undertaken on behalf of Natural England suggest that 70% of people visiting the SPA come from within 5km (linear) of the SPA boundaries (see paragraph 2.2). Furthermore, 80% of visitors come from within 7km (linear). Map 1 illustrates the origin of visitors to the SPA in comparison to both the 5 and 7km zones.
A1.36 The Assessor accepted Natural England’s evidence that it was extremely unlikely that residential development could be delivered within 400m of the SPA without significant impacts. This was due to issues of cat predation and other matters including the escape of garden plants into the SPA. Since the closest part of the SPA to the borough is 100m, it is unlikely that escape of garden plants is likely to be such an issue, unless residents of the borough have dumped/fly-tipped their garden rubbish upon the SPA.
22 M J Leay, R Rowlands, A Williamson, R Tofts (2006) ‘Thames Basin Heaths Special Protection Area Study Final Report by Environmental Dimension Partnership on behalf of Thames Valley New Homes Coalition and Home Builders Federation’. 23 Dr J Gill, School of Biological Sciences, University of East Anglia ‘Review of Thames Basin Heaths Special Protection Area (SPA) Study Final Report (Environmental Dimension Partnership) and Professor R Green, Department of Zoology, University of Cambridge (2006) ‘Submission by the Royal Society for the Protection of Birds to Second Technical Meeting on the Draft Delivery Plan for the Thames Basin Heaths Special Protection Area’. 24 D Liley, R T Clarke, J W Mallord J M Bullock, Footprint Ecology and the Centre for Ecology and Hydrology (2006) ‘The effect of urban development and recreational access on the distribution and abundance of nightjars on the Thames Basin and Dorset Heaths’. 24 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010) Conclusions on recreational impacts of residential development upon the Thames Basin Heaths SPA A1.37 Through the Assessor’s Report together with the approaches of the SE Plan together with Council’s own emerging Core Strategy, SANG are primarily designed to address the likely significant effects upon the SPA arising from recreational use of the SPA. The Council as competent authority will need to consider is if needs further information regarding whether this scheme is likely to have a significant effect upon the SPA associated with the other matters detailed in paragraph A1.22. The Habitats Regulations Assessment of the Council’s submitted Core Strategy indicated that the general approach of the document was likely to avoid other significant effects of development.
25 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010)
Appendix 2 - Development proposed within the authorities surrounding the Thames Basin Heaths SPA
2001 Census Draft SE Plan Approved SE Plan 2006 Based population projections Thousands) Local Population People in Households Household Draft Within Allocation Within 2006 2026 % authority households size allocation 5km of 5km of change TBH SPA TBH SPA Bracknell 109,617 106,752 43,392 2.46 10,780 10,780 12,780 12,780 112.2 130.5 16.3 Forest Elmbridge 121,936 120,358 50,621 2.38 4,620 920 5,620 2,100 129.5 166.9 28.9 Guildford 129,701 124,179 52,350 2.37 6,440 2,989 8,440 4,989 133.1 151.5 13.8 Hart 83,505 81,613 32,470 2.51 4,000 2,725 4,400 2,725 88.8 109.9 23.8 Royal 133,636 129,758 54,261 2.39 5,620 955 6,920 955 138.8 165.6 19.3 Borough of Windsor & Maidenhead Runnymede 78,033 74,162 31,656 2.34 2,920 999 5,720 3,499 81.2 96.8 19.2 Rushmoor 90,987 88,548 35,263 2.51 6,200 6,200 6,200 6,200 88.7 92.4 4.2 Surrey Heath 80,314 78,691 31,721 2.48 3,740 3,740 3,740 3,740 82.4 95.3 15.7 Waverley 115,665 111,410 47,176 2.36 4,600 1,500 5,000 5,000 116.8 127.8 9.4 Woking 89,840 89,100 36,941 2.41 4,840 4,840 5,840 5,840 90.7 105.2 16 Wokingham 150,229 145,823 57,272 2.55 10,460 5,085 12,460 7,620 153.8 175.4 14 Total 1,183,463 1,150,394 473,123 2.43 51,080 40,733 77,120 55,448 3,222 3,443.3 6.9
Sources for dwellings within 5km of the SPA: Draft SE Plan - Annex 18 to Natural England’s submission to the Assessor Sessions (paper to 2nd round of Technical meetings) on TBH SPA, clarification email to the SE Plan Panel from Runnymede BC on 17 April 2007 and Surrey Heath BC Screening Report for Appropriate Assessment of Core Strategy
Approved SE Plan – The higher of either original submission to the Assessor (together with any increase confirmed by the Secretary of State e.g. DERA, Chertsey (Runnymede Borough)) or the maximum capacity of authorities mini-plans (as reported to the Joint Strategic Partnership Board – 12/2/09 or 18/6/09)
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Appendix 3 – Natural England’s SANG quality standards
Guidelines for the creation of Suitable Accessible Natural Green Space (SANGS)
Introduction
‘Suitable Accessible Natural Green Space’ (SANGS) is the name given to green space that is of a quality and type suitable to be used as mitigation within the Thames Basin Heaths Planning Zone.
Its role is to provide alternative green space to divert visitors from visiting the Thames Basin Heaths Special Protection Area (SPA). SANGS are intended to provide mitigation for the potential impact of residential development on the SPA by preventing an increase in visitor pressure on the SPA. The effectiveness of SANGS as mitigation will depend upon its location and design. These must be such that the SANGS is more attractive than the SPA to users of the kind that currently visit the SPA.
This document describes the features which have been found to draw visitors to the SPA, which should be replicated in SANGS. It provides guidelines on
• the type of site which should be identified as SANGS
• measures which can be taken to enhance sites so that they may be used as SANGS
These guidelines relate specifically to the means to provide mitigation for housing within the Thames Basin Heaths Planning Zone. They do not address nor preclude the other functions of green space (e.g. provision of disabled access). Other functions may be provided within SANGS, as long as this does not conflict with the specific function of mitigating visitor impacts on the SPA.
SANGS may be created from:
• existing open space of SANGS quality with no existing public access or limited public access, which for the purposes of mitigation could be made fully accessible to the public
• existing open space which is already accessible but which could be changed in character so that it is more attractive to the specific group of visitors who might otherwise visit the SPA
• land in other uses which could be converted into SANGS
The identification of SANGS should seek to avoid sites of high nature conservation value which are likely to be damaged by increased visitor numbers. Such damage may arise, for example, from increased disturbance, erosion, input of nutrients from dog faeces, and increased incidence of fires. Where sites of high nature conservation value are considered as SANGS, the impact on their nature conservation value should be assessed and considered alongside relevant policy in the development plan.
The Character of the SPA and its Visitors
The Thames Basin Heaths SPA is made up of 13 Sites of Special Scientific Interest, and consists of a mixture of heathland, mire, and woodland habitats. They are essentially ‘heathy’ in character. The topography is varied and most sites have a large component of trees and some contain streams, ponds and small lakes. Some are freely accessible to the public and most have a degree of pubic access, though in some areas this is restricted by army, forestry or other operations.
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A recent survey showed that more than 83% of visitors to the SPA arrive by car, though access points adjacent to housing estates showed a greater proportion arriving on foot (up to 100% in one case). 70% of those who visited by car had come from within 5km of the access point onto the SPA. A very large proportion of the SPA visitors are dog walkers, many of whom visit the particular site on a regular (more or less daily) basis and spend less than an hour there, walking on average about 2.5km. Almost 50% are retired or part-time workers and the majority are women. Further detailed information on visitors can be found in the reports referenced at the end of this document.
Guidelines for the Quality of SANGS
The quality guidelines have been sub-divided into different aspects of site fabric and structure. They have been compiled from a variety of sources but principally from visitor surveys carried out at heathland sites within the Thames Basin Heaths area or within the Dorset heathlands. These are listed as references at the end of this document.
The principle criteria contained in the Guidelines have also been put into a checklist format which is contained in Appendix 1A.
Accessibility
Most visitors come by car and want the site to be fairly close to home. Unless SANGS are provided for the sole use of a local population living within a 400 metre catchment around the site, then the availability of adequate car parking at sites larger than 10 ha is essential. The amount and nature of parking provision should reflect the anticipated use of the site by visitors and the catchment size of the SANGS. It should provide an attractive alternative to parking by the part of SPA for which it is mitigation. Car parks should be clearly signposted and easily accessed.
New parking provision for SANGS should be advertised as necessary to ensure that it is known of by potential visitors.
Target groups of Visitors
This should be viewed from two perspectives, the local use of a site where it is accessed on foot from the visitor’s place of residence, and a wider catchment use where it is accessed by car. Most of the visitors to the SPA come by car and therefore should be considered as a pool of users from beyond the immediate vicinity of the site. All but the smallest SANGS should therefore target this type of visitor.
It is apparent from access surveys that a significant proportion of those people who visit the sites on foot, also visit alternative sites on foot and so this smaller but significant group look for local sites. Where large populations are close to the SPA, the provision of SANGS should be attractive to visitors on foot.
Networks of sites
The provision of longer routes within larger SANGS is important in determining the effectiveness of the authorities’ network of SANGS as mitigation, because a large proportion of visitors to the SPA have long walks or run or bicycle rides. The design of routes within sites at the smaller than about 40 ha will be critical to providing routes of sufficient length and attractiveness for mitigation purposes.
Where long routes cannot be accommodated within individual SANGS it may be possible to provide them through a network of sites. However, networks are inherently likely to be less attractive to users of the type that visit the SPA, and the more fragmented they are, the less attractive they will be, though this is dependent on the land use which separates each component. For example, visitors are likely to be less put off by green areas between SANGS than by urban areas, even if they restrict access to rights of way and require dogs to be kept on leads.
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Though networks of SANGS may accommodate long visitor routes and this is desirable, they should not be solely relied upon to provide long routes.
Specific guidance on individual SANGS is summarised in Appendix 1B.
Paths, Roads and Tracks
The findings suggest that SANGS should aim to supply a choice of routes of around 2.5km in length with both shorter and longer routes of at least 5km as part of the choice, where space permits. The fact that a considerable proportion of visitors were walking up to 5km and beyond suggests the provision of longer routes should be regarded as a standard, either on-site or through the connection of sites along green corridors.
Paths do not have to be of any particular width, and both vehicular-sized tracks and narrow PRoW type paths are acceptable to visitors.
The majority of visitors are female and safety is one of the primary concerns of site visitors. Paths should be routed so that they are perceived as safe by the users, with some routes being through relatively open (visible) terrain (with no trees or scrub, or well spaced mature trees, or wide rides with vegetation back from the path), especially those routes which are 1-3 km long.
The routing of tracks along hill tops and ridges where there are views is valued by the majority of visitors.
A substantial number of visitors like to have surfaced but not tarmac paths, particularly where these blend in well with the landscape. This is not necessary for all paths but there should be some more visitor-friendly routes built into the structure of a SANGS, particularly those routes which are 1-3 km long.
Artificial Infrastructure
Little or no artificial infrastructure is found within the SPA at present apart from the provision of some surfaced tracks and car parks. Generally an urban influence is not what people are looking for when they visit the SPA and some people undoubtedly visit the SPA because it has a naturalness about it that would be marred by such features.
However, SANGS would be expected to have adequate car parking with good information about the site and the routes available. Some subtle waymarking would also be expected for those visitors not acquainted with the layout of the site.
Other infrastructure would not be expected and should generally be restricted to the vicinity of car parking areas where good information and signs of welcome should be the norm, though discretely placed benches or information boards along some routes would be acceptable.
Landscape and Vegetation
SANGS do not have to contain heathland or heathy vegetation to provide an effective alternative to the SPA.
Surveys clearly show that woodland or a semi-wooded landscape is a key feature that people appreciate in the sites they visit, particularly those who use the SPA. This is considered to be more attractive than open landscapes or parkland with scattered trees.
A semi-natural looking landscape with plenty of variation was regarded as most desirable by visitors and some paths through quite enclosed woodland scored highly. There is clearly a balance to be struck between what is regarded as an exciting landscape and a safe one and so
29 Wokingham BC – TBH SPA Impact Avoidance Strategy (Apr 2010) some element of choice between the two would be highly desirable. The semi-wooded and undulating nature of most of the SPA sites gives them an air of relative wildness, even when there are significant numbers of visitors on site. SANGS should aim to reproduce this quality.
Hills do not put people off visiting a site, particularly where these are associated with good views, but steep hills are not appreciated. An undulating landscape is preferred to a flat one.
Water features, particularly ponds and lakes, act as a focus for visitors for their visit, but are not essential.
Restrictions on usage
The majority of the people using most of the SPA sites come to walk, with or without dogs. At two or three sites there were also a significant number of cyclists and joggers. A small amount of horse riding also occurs at some sites.
The bulk of visitors to the SPA came to exercise their dogs and so it is imperative that SANGS allow for pet owners to let dogs run freely over a significant part of the walk. Access on SANGS should be largely unrestricted, with both people and their pets being able to freely roam along the majority of routes. This means that sites where freely roaming dogs will cause a nuisance or where they might be in danger (from traffic or such like) should not be considered for SANGS.
It may be that in some areas where dog ownership is low or where the cultural mix includes significant numbers of people sensitive to pets, then the provision of areas where dogs are unrestricted can be reduced. It should also be possible to vary restriction over time according to the specific needs of a community, providing effective mitigation is maintained. SANGS proposals which incorporate restrictions on dogs should be in the minority of SANGS and would need to be considered on a case by case basis in relation to the need for restrictions.
Assessment of site enhancement as mitigation
SANGS may be provided by the enhancement of existing sites, including those already accessible to the public that have a low level of use and could be enhanced to attract more visitors. The extent of enhancement and the number of extra visitors to be attracted would vary from site to site. Those sites which are enhanced only slightly would be expected to provide less of a mitigation effect than those enhanced greatly, in terms of the number of people they would divert away from the SPA. In order to assess the contribution of enhancement sites in relation to the hectare standards of the Delivery Plan, it is necessary to distinguish between slight and great enhancement.
Methods of enhancement for the purposes of this guidance could include enhanced access through guaranteed long-term availability of the land, creation of a car park or a network of paths.
SANGS which have not previously been open to the public count in full to the standard of providing 8ha of SANGS per 1000 people in new development in zone B. SANGS which have an appreciable but clearly low level of public use and can be substantially enhanced to greatly increase the number of visitors also count in full. The identification of these sites should arise from evidence of low current use. This could be in a variety of forms, for example:
• Experience of managing the site, which gives a clear qualitative picture that few visitors are present • Quantitative surveys of visitor numbers • Identified constraints on access, such as lack of gateways at convenient points and lack of parking • Lack of easily usable routes through the site
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• Evidence that the available routes through the site are little used (paths may show little wear, be narrow and encroached on by vegetation)
SANGS with no evidence of a low level of use should not count in full towards the Delivery Plan standards. Information should be collected by the local planning authority to enable assessment of the level of increased use which can be made of the SANGS. The area of the site which is counted towards the Delivery Plan standards should be proportional to the increase in use of the site. For example, a site already used to half of its expected capacity should count as half of its area towards the standards.
Staging of enhancement works
Where it is proposed to separate the enhancement works on a site into separate stages, to deliver incremental increases in visitor use, the proportion of the increase in visitor use arising from each stage should be estimated. This would enable the granting of planning permission for residential development to be staged in parallel to ensure that the amount of housing permitted does not exceed the capacity of SANGS to mitigate its effects on the SPA.
Practicality of enhancement works
The selection of sites for enhancement to be SANGS should take into account the variety of stakeholder interests in each site. Consideration should be given to whether any existing use of the site which may continue is compatible with the function of SANGS in attracting recreational use that would otherwise take place on the SPA. The enhancement should not result in moving current users off the SANGS and onto the SPA. The specific enhancement works proposed should also be considered in relation not only to their effects on the SANGS mitigation function but also in relation to their effects on other user groups.
References
CLARKE, R.T., LILEY, D., UNDERHILL-DAY, J.C., & ROSE, R.J. (2005). Visitor access patterns on the Dorset Heaths. English Nature Research Report.
LILEY, D., JACKSON, D., & UNDERHILL-DAY, J. C. (2006) Visitor access patterns on the Thames Basin Heaths. English Nature Research Report.
LILEY, D., MALLORD, J., & LOBLEY, M. (2006) The “Quality” of Green Space: features that attract people to open spaces in the Thames Basin Heaths area. English Nature Research Report.
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Appendix 3A: Site Quality Checklist – for a suite of SANGS
This guidance is designed as an Appendix to the full guidance on Suitable Accessible Natural Greenspaces (SANGS) to be used as mitigation (or avoidance) land to reduce recreational use of the Thames Basin Heaths SPA.
The wording in the list below is precise and has the following meaning: • Requirements referred to as “must” are essential in all SANGS • Those requirements referred to as “should haves” should all be represented within the suite of SANGS, but do not all have to be represented in every site. • All SANGS should have at least one of the “desirable” features.
Must haves
• For all sites larger than 4ha there must be adequate parking for visitors, unless the site is intended for local use, i.e. within easy walking distance (400m) of the developments linked to it. The amount of car parking space should be determined by the anticipated use of the site and reflect the visitor catchment of both the SANGS and the SPA.
• It should be possible to complete a circular walk of 2.3-2.5km around the SANGS.
• Car parks must be easily and safely accessible by car and should be clearly sign posted.
• The accessibility of the site must include access points appropriate for the particular visitor use the SANGS is intended to cater for.
• The SANGS must have a safe route of access on foot from the nearest car park and/or footpath/s
• All SANGS with car parks must have a circular walk which starts and finishes at the car park.
• SANGS must be designed so that they are perceived to be safe by users; they must not have tree and scrub cover along parts of the walking routes
• Paths must be easily used and well maintained but most should remain unsurfaced to avoid the site becoming to urban in feel.
• SANGS must be perceived as semi-natural spaces with little intrusion of artificial structures, except in the immediate vicinity of car parks. Visually-sensitive way-markers and some benches are acceptable.
• All SANGS larger than 12 ha must aim to provide a variety of habitats for users to experience.
• Access within the SANGS must be largely unrestricted with plenty of space provided where it is possible for dogs to exercise freely and safely off lead.
• SANGS must be free from unpleasant intrusions (e.g. sewage treatment works smells etc).
Should haves
• SANGS should be clearly sign-posted or advertised in some way.
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• SANGS should have leaflets and/or websites advertising their location to potential users. It would be desirable for leaflets to be distributed to new homes in the area and be made available at entrance points and car parks.
Desirable
• It would be desirable for an owner to be able to take dogs from the car park to the SANGS safely off the lead.
• Where possible it is desirable to choose sites with a gently undulating topography for SANGS
• It is desirable for access points to have signage outlining the layout of the SANGS and the routes available to visitors.
• It is desirable that SANGS provide a naturalistic space with areas of open (non-wooded) countryside and areas of dense and scattered trees and shrubs. The provision of open water on part, but not the majority of sites is desirable.
• Where possible it is desirable to have a focal point such as a view point, monument etc within the SANGS.
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Appendix 3B: Site Quality Checklist – for an individual SANGS
The wording in the list below is precise and has the following meaning: • Requirements referred to as “must” or “should haves” are essential • The SANGS should have at least one of the “desirable” features.
Must/Should haves
• For all sites larger than 4ha there must be adequate parking for visitors, unless the site is intended for local use, i.e. within easy walking distance (400m) of the developments linked to it. The amount of car parking space should be determined by the anticipated use of the site and reflect the visitor catchment of both the SANGS and the SPA.
• It should be possible to complete a circular walk of 2.3-2.5km around the SANGS.
• Car parks must be easily and safely accessible by car and should be clearly sign posted.
• The accessibility of the site must include access points appropriate for the particular visitor use the SANGS is intended to cater for.
• The SANGS must have a safe route of access on foot from the nearest car park and/or footpath/s.
• All SANGS with car parks must have a circular walk which starts and finishes at the car park.
• SANGS must be designed so that they are perceived to be safe by users; they must not have tree and scrub covering parts of the walking routes.
• Paths must be easily used and well maintained but most should remain unsurfaced to avoid the site becoming to urban in feel.
• SANGS must be perceived as semi-natural spaces with little intrusion of artificial structures, except in the immediate vicinity of car parks. Visually-sensitive way-markers and some benches are acceptable.
• All SANGS larger than 12 ha must aim to provide a variety of habitats for users to experience.
• Access within the SANGS must be largely unrestricted with plenty of space provided where it is possible for dogs to exercise freely and safely off lead.
• SANGS must be free from unpleasant intrusions (e.g. sewage treatment works smells etc).
• SANGS should be clearly sign-posted or advertised in some way.
• SANGS should have leaflets and/or websites advertising their location to potential users. It would be desirable for leaflets to be distributed to new homes in the area and be made available at entrance points and car parks.
Desirable
• It would be desirable for an owner to be able to take dogs from the car park to the SANGS safely off the lead.
• Where possible it is desirable to choose sites with a gently undulating topography for SANGS
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• It is desirable for access points to have signage outlining the layout of the SANGS and the routes available to visitors.
• It is desirable that SANGS provide a naturalistic space with areas of open (non-wooded) countryside and areas of dense and scattered trees and shrubs. The provision of open water on part, but not the majority of sites is desirable.
• Where possible it is desirable to have a focal point such as a view point, monument etc within the SANGS.
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Appendix 3C: Background
The Thames Basin Heaths SPA was designated in 2005 under the Habitats Regulations 1994 to protect the populations of three internationally-threatened bird species that use the heathlands: woodlark, nightjar and Dartford warbler. One of the principle threats to these species is disturbance during their breeding period which collectively extends from February to August. Freely roaming dogs hugely exacerbate the disturbance caused by people visiting the sites.
The Thames Basin Heaths area is much urbanised with little green space available to people apart from the designated areas of heathland. The whole area is also under pressure for more housing.
The Habitats Regulations require an ‘appropriate assessment’ to be carried out for any plan or project (including housing developments) which may affect the designated interest, either alone or in combination with other plans or projects. The result is that each new planning application within the Thames Basin Heaths Planning Zone would have to be assessed in combination with all the other extant applications. A solution to this situation (which would cause a log jam in the planning system) is the Thames Basin Heaths Delivery Plan.
The Thames Basin Heaths Delivery Framework, which is monitored by the TBH Joint Strategic Partnership Board, provides the framework for addressing new residential development in the Thames Basin Heaths Planning Zone.
The need to provide green space for the community was incorporated into planning policy through PPG 17, originally published in 1991 and revised in 2003. It requires local authorities to set green space standards locally but that these should include aspects of quantity, quality and accessibility. PPG17 illustrates the breath of type and use of public open spaces that are encompassed by the guidelines. SANGS fit into a small proportion of these. Local authorities may look at provision of SANGS in relation to other public open space provision within their area and identify potential SANGS as part of their audit of green space.
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Appendix 4 – Details of how proposed SANG comply with Natural England Site quality checklist
Simons Wood Must/should haves – these criteria are essential for all SANGS Criteria Current Future 1 Parking on all sites larger than 4ha There is currently a car park on the site The car park will be resurfaced as part of (unless the site is intended for use the proposed implementation of the within 400m only) SANG 2 Circular walk of 2.3-2.5km Circular walk is possible on the site As current 3 Car parks easily and safely accessible Issue over vehicular security at the current car park Security issues will be addressed through by car and clearly sign posted installation of height barrier and time lock car park barrier 4 Access points appropriate for particular This is currently achieved As current visitor use the SANGS is intended to cater for 5 Safe access route on foot from nearest This is currently achieved As current car park and/or footpath 6 Circular walk which starts and finishes This is currently achieved As current at the car park 7 Perceived as safe – no tree and scrub Issues over vehicular security and extent of fly These issues will be addressed through cover along part of walking routes tipping on the site improved security at the car park 8 Paths easily used and well maintained Some paths need improved maintenance to function This will be address and then maintained but mostly unsurfaced in wet weather through delivery of the site as a SANG 9 Perceived as semi-natural with little This is currently achieved As current intrusion of artificial structures 10 If larger than 12 ha then a range of There are currently a variety of habitats within the As current habitats should be present site 11 Access unrestricted – plenty of space This is currently achieved As current for dogs to exercise freely and safely off the lead 12 No unpleasant intrusions (e.g. sewage No current unpleasant intrusions Not envisaged that this will change treatment smells etc) 13 Clearly sign posted or advertised in The visitor survey found some people felt that Improvements to signage are envisaged some way signage on the site could be improved through delivery of the site as a SANF 14 Leaflets or website advertising their Visitors Considered that was adequate publicity Improved publicity will be delivered as
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location to potential users (distributed to part of the SANG proposal homes and made available at entrance points and car parks) Desirable features Criteria Current Future 15 Can dog owners take dogs from the car This is currently possible on the site As current park to the SANGS safely off the lead 16 Gently undulating topography This desirable feature is not available No change 17 Access points with signage outlining the Route signage not currently available This will be addressed through delivery of layout of the SANGS and routes the site as a SANG available to visitors 18 Naturalistic space with areas of open Mix of areas of open space including open water As current (non-wooded) countryside and areas of dense and scattered trees and shrubs. Provision of open water is desirable 19 Focal point such as a view point or This desirable feature is not available No change monument within the SANGS
Rooks Nest Farm Must/should haves – these criteria are essential for all SANGS Criteria Current Future 1 Parking on all sites larger than 4ha None Yes - 25 space tarmac car park to be (unless the site is intended for use constructed as part of planning within 400m only) permission 2 Circular walk of 2.3-2.5km No public access Yes - 2.3km circular route is possible, longer if a figure of eight route is taken 3 Car parks easily and safely accessible None Yes - car park will be clearly signposted by car and clearly sign posted from the highway 4 Access points appropriate for particular None Yes - site is designed to be a strategic visitor use the SANGS is intended to SANG and consequently access is mainly cater for from car park 5 Safe access route on foot from nearest None Yes - new Car park will be set within the car park and/or footpath SANGS 6 Circular walk which starts and finishes None Yes - new Car park will be set within the at the car park SANGS 7 Perceived as safe – no tree and scrub None Yes – landscape scheme will ensure that cover along part of walking routes there are a combination of shady and
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sunny footpaths 8 Paths easily used and well maintained None Yes- new surfaced footpaths to be but mostly unsurfaced installed as part of application 9 Perceived as semi-natural with little Currently low intensity farmland Yes – part of site is wet grassland intrusion of artificial structures County Wildlife Site, the only new intrusions will be the car park and the footpaths 10 If larger than 12 ha then a range of Currently the vast majority of the site is open Yes - there will be a mosaic of open habitats should be present grassland grassland habitats, mature woodland and new native plantations 11 Access unrestricted – plenty of space None Yes – the site boundary will be fenced for dogs to exercise freely and safely off with Stock netting to ensure that dogs the lead cannot easily leave the site 12 No unpleasant intrusions (e.g. sewage None None treatment smells etc) 13 Clearly sign posted or advertised in None Site will be promoted to local residents, some way and new home owners on schemes that the site covers 14 Leaflets or website advertising their None Yes – the site will advertised on the location to potential users (distributed to Wokingham Borough Council Web site homes and made available at entrance points and car parks) Desirable features Criteria Current Future 15 Can dog owners take dogs from the car None Yes - new Car park will be set within the park to the SANGS safely off the lead SANGS 16 Gently undulating topography Site is on gentle slope Site is on gentle slope 17 Access points with signage outlining the None Yes – a signboard including a site map is layout of the SANGS and routes proposed for the two entrances , the car available to visitors park and Gilbert Way 18 Naturalistic space with areas of open Currently the vast majority of the site is open Yes - there will be a mosaic of open (non-wooded) countryside and areas of grassland grassland habitats, mature woodland and dense and scattered trees and shrubs. new native plantations Provision of open water is desirable 19 Focal point such as a view point or None Topography does not suit viewpoints monument within the SANGS
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Appendix 5 – Details of the Strategic Access Management and Monitoring Project
A5.1 The JSP provides the vehicle for joint working, liaison and exchange of information between the local authorities and other organisations affected by the SPA and related planning or land management issues.
A5.2 South East Plan Policy NRM6 indicates that Local Authorities must work together and collect joint contributions towards a strategic access management and monitoring programme. The Strategic Access Management and Monitoring (SAMM) project is the only viable method of delivering these requirements. Local authority officers have been involved in the design of the programme to ensure that it is fit for purpose.
A5.3 The SAMM project is to be undertaking in the following tow phases.
A5.4 Phase 1 involves setting up the project in the first year and phase 2 involves its operational delivery in years two and three. Phase 1 (to be carried out by the Project Coordinator): a) Overseeing production of Memorandum of Agreement defining funding arrangements and relationships between the 11 Local Authorities (including Wokingham BC), Hampshire County Council and the Access Management delivery bodies (Surrey Biodiversity Information Centre, wardening service). b) Overseeing production of two Service Level Agreements with Natural England, for the funding arrangements agreed with the local authorities and the delivery arrangements with the delivery bodies; c) Finalising Business Plan d) Writing specification for wardening plan e) Launch tendering process for wardening service f) Writing job description for Education and Communication Officer; g) Writing draft Communication and Engagement Plan; h) Once cashflow established, appoint Education and Communication Officer and wardening service
A5.5 Phase 2 will see the implementation of the Strategic Access and Monitoring service which consists of: a) A wardening service b) A monitoring service c) An education and communication service d) A facilitation role
A5.6 Wardening service: This is an additional on the ground presence to the existing wardening resources on the SPA (which need to be maintained at existing levels to cope with existing pressure). The additional wardens will integrate with existing management teams to deal with pressures arising from new residents, and their primary roles will be: a) Raising awareness amongst visitors of the importance and sensitivity of the SPA b) Encouraging visitors to behave responsibly on the SPA
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c) With existing land managers, assessing visitor infrastructure and focussing on the practical experience of visitors to identify on the ground improvements d) Promoting alternative recreational areas, including SANGS
A5.7 Monitoring service: Delivering key elements of the monitoring strategy specifically within the framework of this proposal. The monitoring is to include: 1. Pressure mats to estimate visitor trends over time across 60‐80 points on the SPA and SANGS. 2. A baseline visitor survey of 30‐50 locations across the SPA (to build on the previous 27). 3. A simultaneous count by volunteers/wardens/existing land managers across the SPA and SANGS car parks 4‐6 times a year to check numbers, distribution and trends in car users coordinated by NE Education and Communications Officer. 4. Postal surveys using primarily Local Authority services (e.g. Citizen Panels) looking at open space usage. (Aiming towards 15,000 residences or 3.000 returns across the SPA area over 5 years). 5. Recording fires and other incidents through the Access Management Partnership Reports. 6. Annual bird surveys for 5 years, funded by developers. 7. Full review of project, funding levels and balance between SANGS and Access Management after 5 years.
A5.7 The implementation of this monitoring strategy will then demonstrate the effectiveness of SANGS and access management in mitigating or avoiding impacts from the additional visitors resulting from an increase in housing provision, on the interest features of the SPA.
A5.8 Communication and education service: Supporting the on the ground work of the wardens to help people fully understand, value and respect the natural history of the SPA and encourage then to increasingly take action to conserve and enhance it. It will establish a project identity and relationships with key organisations (local authorities, Wildlife Trusts, Forestry Commission, the Crown Estate), including a volunteer network and partnerships with schools and communities (police, fire service, etc).
A5.9 Facilitation role: Enabling the land managers to work together to share resources and best practice coordinated through the Access Management Partnership.
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Appendix 5A – Further detail on the cost of delivering the Access Management and Monitoring Service
These costs are derived from the information supplied to the JSP meeting on 18 June 2009.
Access management staff costs:
1 x Project Coordinator @ £40,000 pa 1 x Education and Communication Officer @ £40,000 pa 4 x Warden Team leaders @ £30,000 pa (total = £120,000 pa) 10 x Seasonal wardens @ £19,000 pa (total = £190,000 pa).
Monitoring costs
Type of Monitoring Provisional costing (£000) Capital item/initial costs Installation of 80 pressure mat counters (land managers – Wildlife Trust’s contract with provider?) 55 Initial visitor numbers and questionnaire surveys with analysis across the SPA/SANGS (coordinated by Project Manager done with Records Centre contracting out analysis) – includes people on the ground (data collection – analysis), collation of the evidence and analysis across 13 sites, 30-50 access points 40 Total capital costs 95
Full visitor Survey on the SPA after 5 years (collected per annum) 10 Annual maintenance of pressure counters (land managers paid through contract most likely to be Wildlife Trust’s provider) 3 Fire recording, collation and storage (Access Management Partnership regular reports fed to Records Centre with Annual Report coordinated by NE Project Manager) 2 Site capacities initial survey and analysis (Surrey Biodiversity Information Centre) 13 Collation and storage of records (planning decisions, visitor numbers, scientific evidence) Surrey Biodiversity Information Centre 12 Funding support for bird surveys (NE PM administered through existing contract) 5 Car park counts analysis (coordinated by Education and Communication Officer, depends on volunteers and land managers) 2 Household postal survey on open space usage (done (advice from through existing citizens and resident panels and/or local authorities local authority avoidance strategies) suggests around £1-2k per annum)
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Appendix 6 – Potential Section 106 Agreement regarding the delivery of either Simons Wood or Rooks Nest Farm SANG
MODEL SECTION 106 AGREEMENT
Dated: ______
WOKINGHAM BOROUGH COUNCIL
- and -
- and -
Deed of Agreement to Provide Planning Obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in relation to the proposed development on land at
Planning Reference Number
Susanne Nelson-Wehrmeyer Solicitor Wokingham Borough Council PO Box 151 Shute End Wokingham Berkshire RG40 1WH
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This Deed is made the day of 2009
BETWEEN
(1) WOKINGHAM BOROUGH COUNCIL of Council Offices Shute End Wokingham Berkshire RG40 1WH (“the Council”)
(2) of (“the Owner”)
(3) (Company Registration Number ) whose registered office is (“the Mortgagee”)
WHEREAS
1. The Council is the local planning authority for the purpose of the Act for the area in which the Site is situated and by whom the obligations created by this Agreement are enforceable. 2. The Council is the local highway authority for the area in which the Site is situated. 3. The Owner is the freehold owner of the Site subject to a legal charge dated in favour of the Mortgagee. 4. The Mortgagee consents to the giving by the Owner of the covenants in this Deed and agrees that its interest in the Site shall be bound by them. 5. The Planning Application reference number has been made to the Council for planning permission for the Development on the Site. 6. The Council is satisfied that planning permission for the Development could properly be granted subject to conditions upon the Owner having first entered into this Deed.
NOW THIS DEED WITNESSES AS FOLLOWS:
1 DEFINITIONS For the purposes of this Deed the following words and expressions shall have the following meanings:
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“Act” the Town and Country Planning Act 1990
“Avoidance and the Avoidance and Mitigation Strategy prepared Mitigation Strategy” by the Council and approved for implementation by the Executive of the Council on 30 July 2009 and as may be amended by or on behalf of the Council from time to time to avoid the impacts of residential development upon the Thames Basin Heaths Special Protection Area
“Commencement of the date on which any material operation (as Development” defined in Section 56(4) of the Act) forming part of the Development begins to be carried out other than (for the purposes of this Agreement and no other purpose) operations consisting of marking out, surveying, ground investigations, archaeological investigations, demolition, site clearance, site preparation, investigation for the purposes of assessing contamination, remedial action in respect of contamination, diversion and laying services and the erection of any temporary means of enclosure for the purposes of site security and the temporary display of advertisements and “Commence Development” shall be construed accordingly
“Development” the proposed as set out in the Planning Application
“Education Contribution” the total of the Primary School Contribution, the Secondary School Contribution, the Secondary School Sixth Form Contribution and the Special Educational Needs Contribution
“Highways Contribution” the sum of Pounds (£ ) Index-Linked towards the provision of transportation
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infrastructure improvements in the vicinity of the Site
“Index” the Index of Retail Prices (all items) published by the Office for National Statistics or any other reference base used to compile the Retail Prices Index (all items) as shall be published by the Office for National Statistics or its successor in function
“Index-Linked” the sum of money shall be increased by the percentage by which the Index has increased between and the date the sum is paid
“Leisure Contribution” the sum of Pounds (£ ) Index-Linked towards providing new facilities or improving existing facilities within the Wokingham borough, such sum being made up as follows: Children’s Play Pitches and Recreation Ground Amenity Open Space Country Parks Biodiversity Countryside Access Swimming Pool Provision Sports Hall Provision
“Library Contribution” the sum of Pounds (£ ) Index-Linked towards the enhancement of library resources and services for the benefit of residents within the vicinity of the Site
“Monitoring Fee” the sum of Pounds (£ ) representing a reasonable estimate of the expenses which have been or will be incurred by the Council in connection with checking that the terms of this
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Agreement and the Planning Permission are being or have been complied with
“Plan” the plan attached to this Agreement
“Planning Application” the planning application made under reference for the Development
“Planning Permission” the planning permission granted pursuant to the Planning Application substantially in the form of the draft planning permission annexed to this agreement and shall include any subsequent permissions under Section 73 of the Act permitting the carrying out of the Development
“Primary School the sum of Pounds (£ ) Index-Linked Contribution” towards the provision of additional primary school facilities within the vicinity of the Site
“Secondary School the sum of Pounds (£ ) Index-Linked Contribution” towards the provision of additional secondary school facilities within the vicinity of the Site
“Secondary School the sum of Pounds (£ ) Index-Linked Sixth Form Contribution” towards the provision of additional sixth form educational facilities at secondary schools in the vicinity of the Site
“Site” the land known as and shown for identification purposes only edged red on the Plan
Special Educational the sum of Pounds (£ ) Index-Linked Needs Contribution” towards the additional special educational needs facilities with the Wokingham borough
“Thames Basin Heath the area designated on 9 March 2005 under the
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Special Protection Area” Wild Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) to protect three species of breeding birds; woodlark, Dartford warbler and nightjar being a fragmented area of European importance in the counties of Surrey, Hampshire and Berkshire
“Special Protection Area the sum of Pounds (£ ) Index-Linked Avoidance and towards the cost of works and measures identified Mitigation Contribution” in the Avoidance and Mitigation Strategy
2 CONSTRUCTION OF THIS DEED 2.1 Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner. 2.4 Words denoting an obligation on a party to do any act matter or thing include an obligation to procure that it be done and words placing a party under a restriction include an obligation not to cause permit or allow infringement of the restriction. 2.5 Where more than one person is obliged to observe or perform an obligation the obligation can be enforced against all such persons jointly and against each individually unless there is an express provision otherwise. 2.6 Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it. 2.7 References to any party to this Deed shall include the successors in title to that party and to anyone deriving title through or under that party and in the case of the Council the successor to its statutory functions.
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2.8 The clause headings shall not be taken into account for the purposes of the construction or interpretation of this Deed.
3 LEGAL BASIS 3.1 This Deed is made pursuant to all powers enabling the parties and in particular Section 106 of the Act and Section 111 of the Local Government Act 1972 and creates planning obligations for the purposes of Section 106 of the Act and to the intent that it shall bind the Owner and its successors in title and assigns and the persons claiming under or through it. 3.2 The obligations imposed upon the Owner under this Deed create planning obligations pursuant to Section 106 of the Act and are enforceable by the Council as local planning authority against the Owner.
4 CONDITIONALITY 4.1 This Deed is conditional upon the grant of the Planning Permission.
5 THE OWNER’S COVENANTS 5.1 The Owner covenants with the Council as set out in the First Schedule.
6 THE COUNCIL’S COVENANTS 6.1 The Council covenants with the Owner as set out in the Second Schedule.
7 MISCELLANEOUS 7.1 The Owner shall pay to the Council on completion of this Deed: 7.1.1 the reasonable legal costs of the Council incurred in the negotiation, preparation and execution of this Deed; and 7.1.2 the Monitoring Fee 7.2 It is hereby agreed and declared that a person who is not a party to this Deed shall not be entitled in his own right to enforce any of the terms of this Deed pursuant to the Contracts (Rights of Third Parties) Act 1999.
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7.3 This Deed shall be enforceable as a local land charge and shall be registered as such by the Council. 7.4 Where the agreement, approval, consent or expression of satisfaction is to be given by any party or any person on behalf of any party hereto under this Deed such agreement, approval or consent or expression of satisfaction shall not be unreasonably withheld or delayed and any such agreement, consent, approval or expression of satisfaction may only be given in writing and may be validly obtained only prior to the act or event to which it applies and the party giving such agreement, approval, consent or expression of satisfaction shall at all times act reasonably. 7.5 Where any payment of costs or other payments are to be made by the Owner to the Council such costs and other payments shall be deemed to be reasonable and proper. 7.6 Any notices shall be deemed to have been properly served if sent by recorded delivery to the principal address or registered office (as appropriate) of the relevant party 7.7 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 7.8 This Deed shall cease to have effect (insofar only as it has not already been complied with) if the Planning Permission shall be quashed, revoked or otherwise withdrawn or (without the consent of the Owner) it is modified by any statutory procedure or expires prior to the Commencement of Development. 7.9 No person shall be liable for any breach of any of the planning obligations or other provisions of this Deed after it shall have parted with its entire interest in the Site but without prejudice to liability for any subsisting breach arising prior to parting with such interest. 7.10 Nothing in this Deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Deed. 7.11 Nothing contained or implied in this Deed shall prejudice or affect the rights, powers, duties and obligations of the Council in the exercise of its functions in any capacity (including in particular its capacities as highway authority and local planning authority) and the rights, powers, duties and obligations of the
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Council under private, public or subordinate legislation may be effectively exercised as if it were not a party to this Deed.
8 MORTGAGEE’S CONSENT 8.1 The Mortgagee acknowledges and declares that this Deed has been entered into by the Owner with its consent and that the Site shall be bound by the obligations contained in this Deed and that the security of the mortgage over the Site shall take effect subject to this Deed PROVIDED THAT the Mortgagee shall otherwise have no liability under this Deed unless it takes possession of the Site in which case it too will be bound by the obligations as if it were a person deriving title from the Owner.
9 WAIVER No waiver (whether expressed or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions of this Deed shall constitute a continuing waiver and no such waiver shall prevent the Council from enforcing any of the relevant terms or conditions or for acting upon any subsequent breach or default.
10 CHANGE IN OWNERSHIP The Owner agrees with the Council to give the Council immediate written notice of any change in ownership of any of its interests in the Site occurring before all the obligations under this Deed have been discharged such notice to give details of the transferee’s full name and registered office (if a company or usual address if not) together with the area of the Site or unit of occupation purchased by reference to a plan.
11 INTEREST Any payment which is due to the Council under the terms of this Deed that is paid late shall attract interest at the rate of 4% above the National Westminster Bank PLC base rate from time to time being charged from the date payment was due to the date payment is received by the Council.
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12 VAT All consideration given in accordance with the terms of this Deed shall be exclusive of any value added tax properly payable.
13 JURISDICTION This Deed is governed by and interpreted in accordance with the law of England and Wales.
14 DELIVERY The provisions of this Deed (other than this clause which shall be of immediate effect) shall be of no effect until this Deed has been dated. IN WITNESS whereof the parties hereto have executed this Deed on the day and year first before written.
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FIRST SCHEDULE
The Owner’s Covenants with the Council
LOCAL AMENITIES, SERVICES AND INFRASTRUCTURE
The Owner covenants with the Council as follows:
1 HIGHWAYS 1.1 Prior to the Commencement of Development to pay the Highways Contribution to the Council. 1.2 Not to Commence Development until such time as the Council has received the Highways Contribution.
2 EDUCATION 2.1 Prior to the Commencement of Development to pay the Education Contribution to the Council. 2.2 Not to Commence Development until such time as the Council has received the Education Contribution.
3 LEISURE 3.1 Prior to the Commencement of Development to pay the Leisure Contribution to the Council. 3.2 Not to Commence Development until such time as the Council has received the Leisure Contribution.
4 LIBRARY 4.1 Prior to the Commencement of Development to pay the Library Contribution to the Council. 4.2 Not to Commence Development until such time as the Council has received the Library Contribution.
5. THAMES BASIN HEATH SPECIAL PROTECTION AREA AVOIDANCE AND MITIGATION 5.1 Prior to the Commencement of Development to pay the Special Protection Area Avoidance and Mitigation Contribution to the Council.
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5.2 Not to Commence Development until such time as the Council has received the Special Protection Area Avoidance and Mitigation Contribution.
6 NOTIFICATION OF COMMENCEMENT OF DEVELOPMENT 6.1 To give not less than seven (7) days prior notice in writing to the Council of the date of Commencement of Development. 6.2 Not to Commence Development unless at least 7 days have expired from the date upon which the written notice referred to in paragraph 6.1 above has been served upon the Council.
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SECOND SCHEDULE
Council’s Covenants with the Owner
REPAYMENT OF CONTRIBUTIONS
1. The Council hereby covenants with the Owner to use all sums received from the Owner under the terms of this Deed for the purposes specified in this Deed for which they are to be paid or for such other purposes for the benefit of the Development as the Owner and the Council shall agree.
2. The Council covenants with the Owner that it will pay to the Owner such amount of any payment made by the Owner to the Council under this Deed which has not been expended in accordance with the provisions of this Deed within seven (7) years of the date of receipt by the Council of such payment together with interest at the Bank of England base rate from time to time being charged for the period from the date of payment to the date of refund provided that if the Council has entered into a contract prior to the expiry of the seven (7) year period in respect of matters which relate to the said sum the period shall be extended until the completion of the contract or payment of the final account under the contract whichever is later.
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EXECUTION PAGE
THE COMMON SEAL OF ) WOKINGHAM BOROUGH COUNCIL ) was hereunto affixed in the presence of: )
Solicitor
SIGNED AS A DEED ) By the said ) In the presence of:- )
Witness Signature:
Witness Name and Address:
Witness Occupation
SIGNED AS A DEED ) By the said )
In the presence of:- )
Witness Signature:
Witness Name and Address:
Witness Occupation
EXECUTED AS A DEED BY ) ) acting by its Attorneys and in the presence of )
EXECUTED AS A DEED BY in the presence of:
Full name:……………………………..
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Signature: …………………………….. Director/Company Secretary*
Full name: ……………………………. Signature: ……………………………. Director/Company Secretary*
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