Towards a Liverpool City Region European Sites Recreation Mitigation & Avoidance Strategy –Evidence Report (Version 24) July 2021 The evidence base contained within this draft report will be periodically updated when new data and evidence is available. It has been prepared by Merseyside Environmental Advisory Service and draws on the unpublished and draft work of Footprint Ecology, Holbury Consultancy Services and Verdant Streets, for the Recreation Mitigation Strategy Steering Group. The project has been overseen by a Steering Group comprising local officers of Halton Borough Council, Liverpool City Council, Metropolitan Borough of Knowsley, Metropolitan Borough of St. Helens, Metropolitan Borough of Sefton and Wirral Borough Council, Natural England and National Trust. 1 Issue and Revision Record Version Date Author Approved by Description v23 12th Dr Alan February Jemmett 2021 v24 21st June Daniel Dr Alan Jemmett Steering Group 2021 Finegan comments, including revision of housing numbers and SANG sites 2 Itemised Document Changes Section/Paragraph Requested by who Matter Actioned Outcome (Y/N) Front Cover to A.B., Natural England Y Version control record Acknowledgements: pgs. and detailed document 3-4 change tables introduced Various throughout A.B., Natural England Y Alteration of ‘cumulative’ Evidence Report to ‘in-combination’ terminology Section 3: 3.4- A.B., Natural England Y Amended text Conservation Packages Section 4: 4.1- A.B., Natural England Y Amended text Coastal access at Hale & Oglet Section 4: 4.10 & 4.11- A.B., Natural England Y Text amended to include English Coastal Path hyperlink and updated information Section 4: 4.15- M.E., Liverpool City Y Text amended to Removal of Festival Council promote LCC Gardens as SANG option greenspaces, inc. Sefton Park Section 7: Table 4 I.L., Sefton Council Y Table 4, column heading and remaining unconsented housing number amended Section 7: Table 5 I.L., Sefton Council Y Table 5, remaining requirement for new dwellings within inner zone total amended Section 7: 7.51- A.B., Natural England Y Para 7.51 added for Inner and Outer zones explanation of inner and outer zones Section 7: 7.20, 7.31, 7.32 J.E., Wirral Council Y Amended Text (and assoc. Plan-level HRA text box) Section 8: Table 8, 8.29 I.L., Sefton Council Y Sefton & Liverpool SANG 8.32 M.E., Liverpool City lists updated SANG list (inc. removal of Council Festival Gardens) Section 9: text box A.B., Natural England Y Viability text box preceding 9.5- amended Viability and HRA Appendix 6: 6.16, 6.17, I.L., Sefton Council Y 6.16 & 6.22 deleted. 6.17, 6.19, 6.20, 6.22 6.18, 6.19, 6.20 text amended and updated Section 3: Paragraph 3.2 N.M., West Lancashire Y Text amended to include Council West Lancashire (other insertions to follow once details finalised) Section 7: Table 5 A.J., MEAS Y Disclaimer re. Knowsley housing figures and SANGs. 3 Executive Summary Why has this study been prepared? The coastal sites in the Liverpool City Region, which are internationally important for nature conservation, are under increasing pressure from recreation. There is evidence that the sites are already being damaged, and the condition of different areas are deteriorating. This is acknowledged in the formal conservation advice for these European Sites (Conservation Advice Packages and Site Improvement Plans) and the Habitats Regulations Assessments of the Local Plans for each of the 6 Local Authorities. All the Local Plans across the LCR include housing targets and policies for housing and tourism which have the potential to increase the recreation pressure on the European Sites. This raises the prospect of further damage and significant effects on the nature conservation features of the European sites including site integrity. The Local Authorities have a legal responsibility under the Habitats Regulations to demonstrate that their housing growth aspirations and changes in the patterns of development and pressure on the coast, will not have an adverse effect on the European Sites. The statutory nature conservation advisor, Natural England, has made it clear that it expects the Local Authorities to collaborate and deliver an effective strategic solution to issues across the Liverpool City Region. Recent Examination Hearings for Local Plans have also scrutinised the local and LCR response to recreation pressure. A clear commitment and timetable to complete and implement a strategic solution (termed Recreation Mitigation Strategy or RMS) is therefore required. If the Local Authorities are unable to demonstrate no adverse effects on integrity of the European Sites, then planning consent cannot be legally given for such development or alternatively, the Local Authorities would need to fund the avoidance and mitigation measures themselves. Clearly, neither of these options are likely in the current and foreseeable financial position of Local Government. This Project has therefore been commissioned by the Local Authorities and National Trust in close consultation with Natural England as the initial step in preparing a strategic response to protect the coast and comply with the requirements of the Habitats Regulations. This draft Evidence Report is an important milestone for the Project as it moves all the Liverpool City Region Local Authorities forwards to agreeing and completing the strategic response – the RMS. This Evidence Report describes the status of knowledge on recreation pressure in the Liverpool City Region and collates available evidence on this issue. Currently, planning applications for housing and/or tourism development are considered on a case by case basis with little strategic response which is inefficient and time-consuming. Not having 4 a consistent, strategic approach to the issue is a risk for progress of Local Plans also. It is the intention that this draft Evidence Report will be developed, once key data gaps have been filled. The intended output will be the RMS as a strategic response across the Liverpool City Region that will be used, in due course, to inform for example Local Plan and other policy, planning decisions, site management and investment in coastal visitor infrastructure. The draft Evidence Report sets out a clear timetable for this in Section 11. The evidence base contained within this draft report will be periodically updated when new data and evidence is available. It has been prepared by Merseyside Environmental Advisory Service and draws on the unpublished and draft work of Footprint Ecology, Holbury Consultancy Services and Verdant Streets, for the Steering Group. Introduction When the Steering Group appointed the consultancy team, headed by Footprint Ecology, to prepare the RMS it is was thought that the process would take 12 to 18 months to complete. The Steering Group and consultants worked on an iterative draft basis with iterative drafts being completed (28-3-18, 6-7-18 and 15-10-19). The Steering Group agreed a risk-based response that the project be paused until such time as the evidence base gaps were addressed sufficiently to meet planning tests. It was also agreed that the draft Evidence Report and a proposed integrated set of interim measures as a separate report be prepared and published to bridge the gap. The focus is housing. Tourism development has been removed from the scope of the Project for the time being. Work to prepare the draft Evidence Report fell to MEAS as project managers for the study. It was also agreed that the existing consultancy team should be retained until such time as new evidence was collected for completion of the RMS. The study timetable has been revised further following the Covid-19 outbreak because social distancing measures meant that face to face site surveys were not possible and the data collected was likely to be heavily skewed to the local community given travel restrictions. This is explained in greater detail in Section 10. Whilst this timescale appears lengthy at first glance, experience elsewhere across England has shown that is often takes 5 – 10 years to complete a strategy such as that envisaged for the RMS including putting in place the implementation and monitoring measures and systems. This draft Evidence Report has collated the current evidence-base for a proposed strategic response by the 6 Local Authorities in the Liverpool City Region to meet their legal requirements to protect European wildlife sites from the implications of growth. It should be used to underpin Local Plan and development management responses in the interim to facilitate sustainable housing development, whilst securing sustainable, long term protection of the internationally important wildlife from recreation impacts. 5 All the Local Planning Authorities have a clear intention to develop the RMS to provide a tested, evidence based and strategic solution to meet their legal duties under the Habitats Regulations, resolving issues from the growing recreation pressure on the internationally important coast of the Liverpool City Region. The solutions proposed will not be compulsory but will provide planning services and developers with a potential solution which they may choose to use (opt-in). This is likely to be more efficient, reducing time, costs and risks during the planning process compared to completing site-based impact assessments, consulting and agreeing mitigation packages on a bespoke basis. The emerging RMS also presents an opportunity to provide coastal site owners and managers with evidence and mechanisms to develop their own site-specific and coastal gateway-specific recreation management and visitor infrastructure plans. The RMS will adopt a strategic coast-wide approach. It is the intention to focus interventions towards areas of greatest vulnerability including key gateway and coastal access locations where recreation pressure is greatest (duration, frequency and number of visits). The European sites (the network of these sites is now called National Sites Network following withdrawal from the E.U.) are subject to strict legal protection which conveys specific duties and stringent tests to be met before Local Plans can be adopted and projects can be permitted.