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Folkestone & Hythe District Council Core Strategy Review Examination

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Folkestone & Hythe District Council Core Strategy Review Examination FHDC EX034 Folkestone & Hythe District Council Core Strategy Review Examination Update position regarding Natural England’s concerns in relation to the excessive nutrient levels (nitrogen and phosphorous) which are impacting on the Stodmarsh Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site and the impact of the Core Strategy Review and in particular the proposed New Garden Settlement 30 October 2020 Folkestone & Hythe District Council – Update on Discussions with Natural England Update position regarding Natural England’s concerns in relation to the excessive nutrient levels (nitrogen and phosphorous) which are impacting on the Stodmarsh Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site and the impact of the Core Strategy Review and in particular the proposed New Garden Settlement 1. Introduction The purpose of this correspondence is to set out where progress has been made regarding Natural England’s concerns in relation to the excessive nutrient levels (nitrogen and phosphorous) which are impacting on the Stodmarsh Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site and the impact of the Core Strategy Review and in particular the proposed New Garden Settlement. 2. Chronology The below provides a chronology of representation issued by both Natural England and Folkestone & Hythe District Council (FHDC), as well as the advancement of supporting technical work. Regulation 19 response was issued by Natural England to the District Council dated 11th March 2019, and a copy is provided in Appendix A. The Regulation 19 response raised no issue in relation to the matter of nutrient neutrality regarding Stodmarsh designated sites. The Submission Version of the Core Strategy Review was formally submitted to the Planning Inspectorate on 10th March 2020 for its Examination in Public. Letter dated 21st May 2020 from Natural England to the District Council titled ‘Conservation of Habitats and Species Regulations 2017 as amended - Folkestone & Hythe DC Core Strategy Review Examination and Otterpool Park – nutrient neutrality re Stodmarsh designated sites. A copy of this correspondence is provided in Appendix B. The District Council formally engaged Natural England under its Discretionary Advice Service (Charged Advice) dated 18 June 2020. Folkestone & Hythe District Council – Update on Discussions with Natural England The District Council sought technical support from water quality consultants and appointed Urban Edge Environmental Consulting on 9th July 2020. A Technical Note was issued by Urban Edge Environmental Consulting (dated August 2020) that was shared with Natural England for their review/comment. A copy of the Technical Note is provided in Appendix C. This was supplemented by an updated Nutrient Budget spreadsheet dated 21st September 2020. Natural England issued advice for development proposals with the potential to increase nutrient impacts to nationally and internationally important wildlife sites within the Stour Valley catchment to all Local Planning Authorities to which the advice refers by letter dated 10th July 2020. A copy of the letter is enclosed in Appendix D. Advice on Nutrient Neutrality for New Development in the Stour Catchment in Relation to Stodmarsh Designated Sites - For Local Planning Authorities (dated July 2020). This replaced guidance issued in December 2019. A copy of the advice is provided in Appendix E**. Officers of the District Council first shared technical reporting with Natural England (by email) on 9th September 2020. There was follow-up correspondence from F&HDC to seek feedback from Natural England. Technical information was circulated separately by consultants Arcadis to Natural England on 1st October 2020 (referenced as ‘Otterpool updated memo’) to summarise the work undertaken on behalf of the promoter side to achieve Nutrient Neutrality at Otterpool Park*. A copy of the Technical Memo is enclosed in Appendix F. A workshop session was hosted by Arcadis on 14th October 2020, and one agenda item was the issue of Nutrient Neutrality. Both Natural England and officers of F&HDC were in attendance. Natural England issued a formal response on 15th October 2020 in accordance with the scope of the Discretionary Advice Service dated 18th June 2020 to provide advice to Folkestone and Hythe District Council concerning housing proposals and allocations for their local plan specifically with respect to issues around nutrient neutrality. A copy of the letter is enclosed in Appendix G. Folkestone & Hythe District Council – Update on Discussions with Natural England A teleconference call with Natural England was held on Tuesday 20th October 2020 to talk through the advice issued on 15th October 2020. James Seymour of Natural England joined a teleconference hosted by Paul Shadarevian QC (on behalf of the District Council) with attendance by officers of the District Council on 28th October 2020, following discussions with officers on the 26th and 27th October. Natural England have provided further written advice to the District Council dated 29th October 2020 (Appendix H refers) to advise that “Folkestone and Hythe District Council have reported significant progress to Natural England following our advice, reporting the aim to ensure safeguards are set out through policy Amendments which will be tabled at the examination.” 3. Summary of Natural England’s advice dated 15th October 2020 As set out within the formal written response issued by Natural England dated 15th October, a summary of Natural England’s advice is as follows: “Some of the assumptions are not precautionary, or differ materially from the values suggested in the Natural England nutrient neutral methodology. Where this is the case, we advise values should be evidenced in the update to the local plan appropriate assessment that is required. As the competent authority Folkestone and Hythe should satisfy itself that the values chosen and assumptions made are consistent with others used in the local plan, and are sufficiently precautionary to meet the tests for assessments of plans and projects set out in the Conservation of Habitats and Species Regulations (2017) as amended (HRA). Natural England’s advice is that the local plan supporting documents have the potential to meet the HRA tests for water quality at the plan level, subject to suggested changes and amendments provided in our detailed advice contained in Annex I to this letter. We draw attention to our advice that additional areas of wetland mitigation may be required above those listed in the Otterpool updated memo. Clarification of the difference in the nutrient budgets in the updated memo appendices, compared with those in the Local Plan for Otterpool options is required. Our role with regards protected species is in Annex II.” Folkestone & Hythe District Council – Update on Discussions with Natural England 4. F&HDC response to Natural England’s comments A response to Natural England’s comments is provided under the headings below. The response has been informed by discussions had during the teleconference on 20th October 2020, which followed receipt of the advice dated 15th October 2020. Input assumptions and compliance with the Natural England nutrient neutral methodology During the teleconference call with Natural England was held on Tuesday 20th October 2020 to talk through the advice issued on 15th October 2020, to include the input values for the nutrient budget work. It was clarified that sensitivity testing had been undertaken to apply the household occupancy figure of 2.4 persons per household, and that the wastewater value of 110 litres per person per day is to be endorsed. As such the input values are in compliance with the Natural England nutrient neutral methodology. As the competent authority, Folkestone and Hythe is duly satisfied that the values chosen and assumptions made are consistent with others used in the local plan, and are sufficiently precautionary to meet the tests for assessments of plans and projects set out in the Conservation of Habitats and Species Regulations (2017) as amended (HRA). Meeting the HRA tests for water quality at the plan level Natural England’s advice is that the local plan supporting documents have the potential to meet the HRA tests for water quality at the plan level, subject to suggested changes and amendments provided in our detailed advice contained in Annex I to the letter dated 15th October 2020. Natural England has drawn attention to the fact that additional areas of wetland mitigation may be required above those listed in the Otterpool updated memo. Clarification of the difference in the nutrient budgets in the updated memo appendices, compared with those in the Local Plan for Otterpool options is required. Potential implications for the Core Strategy Review As set out Annex 1 Natural England’s detailed advice dated 15th October 2020: “The Stodmarsh Nutrient Neutral methodology (NNM) we have proposed is one way for competent authorities to satisfy themselves that an adverse effect upon integrity of nutrient Folkestone & Hythe District Council – Update on Discussions with Natural England impacts of proposals can be avoided with sufficient certainty to meet the HRA tests. An appropriate assessment should be produced for the local plan, or as an additional section in the existing local plan appropriate assessment. Natural England is a statutory consultee with regards to appropriate assessments under the Conservation of Habitats
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