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Stroud District Council Agenda Item No Environment Committee

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Stroud District Council Agenda Item No Environment Committee STROUD DISTRICT COUNCIL AGENDA ITEM NO ENVIRONMENT COMMITTEE 19 MARCH 2015 10 Report Title INTERIM STRATEGY FOR AVOIDANCE OF LIKELY SIGNIFICANT ADVERSE EFFECTS ON RODBOROUGH COMMON SPECIAL AREA OF CONSERVATION (SAC). Purpose of Report To approve an Interim Strategy for Avoidance of Likely Significant Adverse Effects on Rodborough Common Special Area of Conservation (SAC). Decision(s) Committee RESOLVES that the Interim Strategy for Avoidance of Likely Significant Adverse Effects on Rodborough Common Special Area of Conservation (SAC) is adopted. Consultation and Both the emerging Local Plan and supporting Feedback evidence has been subject to public consultation. The various Habitat Regulation Assessment iterations concluded that proposed residential growth in the Local Plan within the catchment could have a likely significant effect, in the absence of appropriate mitigation. Over the last year SDC has collaboratively worked with Natural England (NE), the National Trust (NT), the Rodborough Commoners and Stroud Valleys Project (SVP) to devise an agreed interim impact avoidance strategy for housing within the 3km catchment. This has been recognised in proposed revised Local Plan Delivery Policy ES6 and supporting text approved by Stroud District Council on 9th December 2014. Financial Implications There are no direct financial implications arising and Risk Assessment from the report. Any mitigation measures are to be provided directly or funded by developers, therefore there is no direct cost to the council. Ian Purcell, Senior Accounting Technician Tel: 01453 754141 Email: [email protected] Environment Committee Agenda Item 10 19 March2015 Financial Implications There is a risk that the measures identified could be and Risk Assessment unsuccessful in mitigating the effects of Cont’d/... development on the Rodborough SAC. This risk is inherent in the whole avoidance and mitigation approach, and one which Natural England accepts. The agreements pose no financial risks to the Council. SDC will administer a ring-fenced fund for the monies received. This should enable identified mitigation measures to be implemented at appropriate times with our partner organisations. Legal Implications This strategy is imposed as an interim measure to address conflict between new residential development in the vicinity of Rodborough SAC and the legislative need to protect rare species and habitats, and will be a material planning consideration when such applications are considered. A longer term strategy will be required in due course. Karen Trickey, Legal Services Manager Tel: 01453 754369 Email: [email protected] Report Author Conrad Moore, Principal Planning Officer, Planning Strategy Tel: 01453 754328 Email: [email protected] Options The Council may decide not to approve the mitigation strategy. Through the Submission Local Plan production process Natural England (NE) originally raised an objection to planning applications involving an increase in residential units within specified distances of the Rodborough Special Area of Conservation (SAC) on the grounds that the resulting recreational pressure will threaten protected habitats and species. NE agreed to withdraw this significant objection if an agreed avoidance and mitigation strategy provides, or contributes towards the provision of deliverable mitigation sufficient to allow the development of new housing in accordance with the Local Plan policies. This Council has worked with Natural England over the last year to produce the Strategy considered here to assist effective and efficient planning and development control decision-making in accordance with the relevant European Directive. Environment Committee Agenda Item 10 19 March2015 Performance The Avoidance and Mitigation Strategy will be Management Follow monitored through the development control process Up and the guidance reviewed to ensure continued conformity with any future local planning and national planning policy direction. When the Local Plan is adopted, the Council will monitor and review its policies and their performance. If necessary at that time, the Mitigation and Avoidance Strategy will be revised to incorporate any necessary changes or additional impact avoidance measures within a more detailed Supplementary Planning Document (SPD). Background Papers/ Appendix A – Interim Strategy for Avoidance of Appendices ‘Likely Significant Adverse Effects’ on Rodborough Common Special Area of Conservation (SAC). Introduction 1. The European Union has introduced two pieces of legislation that deal with the protection of rare species and habitats. These are generally referred to as the Birds Directive and the Habitats Directive. The EU legislation has been transposed into UK legislation as the Habitats Regulations, most recently updated in 2012. The Regulations deal with both the impact of Development and of Development Plans (such as the emerging Stroud District Local Plan) upon European Sites which includes habitats/SACs. Why do we need an avoidance and mitigation strategy? 2. Under Article 6(3) of the Habitats Directive, Competent Authorities have a duty to ensure that all the activities they regulate have no adverse effect on the integrity of any of the Natura 2000 sites (Together SPAs and SACs make up the network of Natura 2000 sites). Local Planning Authorities are identified as a “competent authority” for the purposes of determining whether or not a proposed development scheme or Local Plan is likely to have a significant effect upon the SAC. The effect of the Regulations is to require Local Planning Authorities to ensure that no likely significant adverse effect arises from any proposed development scheme or Local Plan. The effect of this legislation together with the Natural England and Rural Communities Act 2006 is to impose on local authorities a legal duty of care to protect biodiversity. If local authorities think harm or “likely significant effect” could occur they are legally obliged to not approve the proposed plan or project unless appropriate avoidance and mitigation measures can be put in place. The Habitat Regulations Assessment (HRA), which accompanied the Local Plan, looked at the effects on all the Natura 2000 sites within or adjacent to Stroud District. One of these sites was Rodborough Common SAC and its location above the Stroud Valley. Rodborough Common SAC is designated for its calcareous grassland being the most extensive area of semi-natural dry grasslands surviving in the Cotswolds. In more detail it represents National Vegetation Community CG5 Bromopsis erecta – Brachypodium pinnatum grassland. The site contains a wide range of structural types, ranging from short turf through to scrub margins. Short-turf vegetation is mainly confined to Environment Committee Agenda Item 10 19 March2015 areas of shallower soils. The Conservation objectives for Rodborough Common SAC are to maintain in favourable condition the calcareous grassland. 3. Section 5.5 of the latest iteration of the HRA (published in November 2014) identified that Rodborough Common SAC lies in the most densely populated part of Stroud district. The settlements and parishes of Stroud, Minchinhampton, Chalford, Brimscombe and Nailsworth all lay wholly or partly within 3km of the SAC and all contribute visitors to the Rodborough Common SAC. A visitor survey of Rodborough Common SAC was undertaken during summer 2013 in order to inform this Habitat Regulations Assessment. In summary, the survey confirmed the very local nature of the core catchment of Rodborough Common. Approximately 73% of visitors to the SAC live within 3km of the site, with over 60% living within 2km of the site (mainly in Stroud town). Beyond 3km, visitor origin becomes dispersed. The HRA identified that this SAC site is already under threat indirectly due at least in part to recreational activity, potential damage could be caused to the site by a further increase in visitors through footpath erosion or (in particular) through disruption of grazing, particularly by dogs. As such, the HRA concluded that an adverse effect on the integrity of the SAC may result from the delivery of planned housing growth anticipated in the Local Plan. 4. Consequently the HRA identified a need for an Avoidance and Mitigation Strategy to be agreed and implemented. This has been recognised in proposed revised policy ES6 and supporting text approved by Stroud District Council on 9th December 2014. Principles and Measures for Avoidance and Mitigation. 5. Therefore SDC has collaboratively worked with Natural England (NE), the National Trust (NT), the Rodborough Commoners and Stroud Valleys Project (SVP) to devise an agreed interim impact avoidance strategy for housing within the 3km core catchment of the Rodborough Common SAC This ongoing discussion has identified those measures which would increase the amount of grazing possible on the SAC that would offset the small increase in visitors associated with the delivery of the Local Plan. The Avoidance and Mitigation Strategy seeks both to: Avoid an increase in recreational activity on Rodborough Common SAC, and to; Avoid the effects of increased recreational activity. 6. Approaches to the mitigation of recreational impacts on European sites have been established elsewhere in England for the Thames Basins Heaths and the Dorset Heaths. 7. This Avoidance Strategy is directed specifically towards residential proposals and the measures, which can be taken to enable them to proceed without harm to the integrity of the Rodborough
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