Terrestrial European Sites Mitigation Supplementary Planning Document

Planning for CONSULTATION DRAFT ’s future

May 2017

www.cornwall.gov.uk 2 Contents 1. Introduction 3 2. The Cornwall Local Plan and the Mitigation of Recreational Impacts on European Sites SPD 3 3. How much growth is planned in Cornwall? 3 4. Legal Background of European Protected Sites 4 5. Cornwall’s European Designated Sites 4 6. Screening of the European Designated Sites for Potential Impact from Development and Undertaking Usage Surveys 6 7. Survey methodology 7 8. Survey results 7 9. Mitigating for Impacts on European Designated Sites 10 10. Delivering Suitable Alternative Natural Greenspace (SANG) 11 11. Delivering Strategic Access Management and Monitoring (SAMM): 11 12. Section 2: SAMM measures Penhale SAC 13

Terrestrial European Sites Mitigation Supplementary Planning Document 1. Introduction policy position for mitigation of recreational impacts from new development on European 3 1.1 This Supplementary Planning Document (SPD) is sites. This SPD provides more detailed advice designed to assist people who are submitting and and guidance on the application of this policy determining planning applications in Cornwall. for the terrestrial sites identified in the Habitats It sets out a strategic approach to the provision Regulations Assessment as being potentially of mitigation for increased recreational impacts at risk of significant impact from an increase on terrestrial European sites, arising from new in recreational use. A separate SPD will be housing and tourism growth. This approach developed for Marine and Estuarine sites. addresses the requirements of the Habitats Regulations Assessment and in doing so provides individual developers with a ready solution to 3. How much growth is planned in mitigation. This SPD explains where mitigation of recreational impacts is required and why and Cornwall? sets out the solutions to achieving this mitigation. 3.1 The Local Plan will provide homes in a Developers will thus be able to plan for the proportional manner where they can best meet mitigation of recreational impacts at the earliest need and sustain the role and function of local stage. communities and that of their catchment. Policy 1.2 The advantage of a strategically led mitigation 2a of the Local Plan sets out that development strategy is that applicants can follow the proposals in the period to 2030 should help to evidenced and agreed process to ensure that their deliver: development meets the criteria set out in Habitats 3.1.1 A minimum of 52,500 homes at an average Regulations Assessment. Therefore by taking this rate of about 2,625 per year to 2030, to help strategic approach, the need for numerous repeat deliver sufficient new housing of appropriate appropriate assessments is reduced for those types to meet future requirements. In particular, developments that need to consider impacts meeting affordable housing needs; associated with recreation. It also ensures the best solution for the European sites as it will ensure 3.1.2 At least 318 permanent pitches for Gypsies the delivery of a strategically led mitigation and and Travellers, 60 transit pitches and 11 plots for monitoring strategy for each site to ensure their Travelling Showpeople; future conservation status. 3.1.3 Provide for 38,000 full time jobs and 704,000 sq. metres of employment floor space to help deliver a mix of 359,583 sq. metres of B1a and B1b 2. The Cornwall Local Plan and the office and 344,417 sq. metres of B1c, B2 and B8 Mitigation of Recreational Impacts industrial premises by 2030; 3.1.4 The provision of additional bed spaces on European Sites SPD within purpose-built accommodation 2.1 The Local Plan is a 20 year document which sets commensurate with the scale of any agreed out a vision for growth in Cornwall. It sets out expansion of student numbers at the Penryn planning policies and identifies the quantity and campus, taking into consideration any changes broad location and key sites, for new housing, in student numbers within other campuses at the community facilities, shops and employment. universities in Falmouth and Penryn. 2.2 This Supplementary Planning Document sits 3.1.5 The provision of 2,550 bed spaces in under the Local Plan to provide additional communal establishments for older persons, information on recreational impacts from new including nursing and specialist accommodation. housing and tourist development on European sites, and how this will be assessed and resolved through the development management process. Policy 22 of the Cornwall Local Plan sets out the

Consultation Draft May 2017 4 4. Legal Background of European 5. Cornwall’s European Designated Protected Sites Sites 4.1 The Conservation of Habitats and Species 5.1 ‘European Sites’ have been designated following Regulations 2010 sets out how Local Planning the EC Habitats Directive (1992), interpreted Authorities (LPAs) must deal with planning into British law by the Conservation of Habitats applications that have potential to impact on and Species Regulations (2010). The aim of the European wildlife sites (Special Protection Areas, Directive is to “maintain or restore, at favourable Special Areas of Conservation and Ramsar sites). conservation status, natural habitats and species This impact may be direct such as the physical of wild fauna and flora of Community interest” loss or damage to the European site, or indirect (Habitats Directive, Article 2(2)). such as: 5.2 There are 25 designated European sites (SACs, yydistant development may cause significant SPAs and candidate and potential European impact on the key species when they are away sites (cSACs and pSPAs) that lie wholly or partly from the designated site within Cornwall, as illustrated on Figure 1. For the yya single development may have a small effect purposes of this SPD cSACs and pSPAs are treated but a combined (cumulative) overall large effect in the same way as SAC and SPA sites. 4.2 Section 61 of the Habitat Regulations requires the yyBreney Common and Goss & Tregoss Moors SAC LPA to assess whether a significant effect from yyCarrine Common SAC the proposal is likely and if the LPA considers it yyCrowdy SAC is then the LPA must undertake an Appropriate Assessment to consider whether or not the yyFal & Helford SAC effect can be fully mitigated. The LPA may ask yyFalmouth Bay to Bay pSPA the applicant to provide evidence to help them yyGodrevy Head to St Agnes SAC undertake these assessments. The LPA must yyIsles of Scilly Complex SAC consult Natural England on the completed Appropriate Assessment. By adopting a strategic yyIsles of Scilly Complex SPA approach to the provision of mitigation the yyIsles of Scilly Complex Ramsar Habitats Regulations Assessment requirements yyLand’s End and Cape Bank cSAC are greatly simplified as the mitigation approach yyLizard Point cSAC is already agreed, setting out a mitigation requirement directly proportional to the scale yyLower Bostraze and Leswidden SAC of the development. If developers wish to take yyLundy Island SAC forward their planning application outside the yyNewlyn Downs SAC framework of the strategic approach then an yyPenhale Dunes SAC individual Habitat Regulations Assessment will y need to be undertaken. yPhoenix United Mines & Crows Nest SAC yyPlymouth Sound & SAC 4.3 The Conservation of Habitats and Species y Regulations 2010 set out that LPAs must not yPolruan to Polperro SAC grant consent for a development that would, yyRiver Camel SAC either alone or in-combination with other yySt Austell Clay Pits SAC developments, have a likely significant effect on yyThe Lizard SAC a European wildlife site, unless full mitigation is yyTintagel-Marsland-Clovelly Coast SAC provided. yyTregonning Hill SAC 4.4 The only exception is where the development yyMarazion Marsh SPA is of over-riding public interest. Such proposals must be referred to the Secretary of State and any yyTamar Estuaries Complex SPA unmitigated effects must be fully compensated.

Terrestrial European Sites Mitigation Supplementary Planning Document 5

Figure 1 – Designated and proposed European sites

Consultation Draft May 2017 6. Screening of the European investigate recreational usage on the following 6 eight of the Natura 2000 sites in Cornwall: Designated Sites for Potential 6.3 Terrestrial Sites Impact from Development and yyMarazion Marsh SPA Undertaking Usage Surveys yyGodrevy Head to St Agnes SAC 6.1 European sites can be vulnerable to many yyPenhale Dunes SAC different pressures, such as adverse impacts from yyCarrine Common SAC air quality, water quality, trampling, erosion, 6.4 Marine and Estuarine Sites –(to be dealt with in a nutrient enrichment, disturbance of species, fires, separate SPD) fly tipping and so on. Housing growth has the potential to place increasing recreational pressure yyFal and Helford SAC on many European sites, which can lead to several yyFalmouth Bay to St Austell Bay pSPA of the impacts given above. The extent of these yyPlymouth Sound and Estuaries SAC adverse impacts and the zones of recreational yyTamar Estuaries Complex SPA impact around sensitive European sites requires further investigation. 6.5 Evidence gathering into the current recreational usage of these sites is being undertaken by 6.2 A Habitats Regulations Assessment (HRA) of and Plymouth City Council, the Local Plan was undertaken to make an following nationally developed guidelines. A initial assessment of potential impacts from complete years’ worth of monitoring for most of the development as proposed in the plan on the sites, undertaken for a short period within Cornwall’s European sites. Based on the findings each of the four seasons, was agreed as being the 1 of the HRA and in consultation with Natural most effective way of evidence gathering with NE England (NE) and the RSPB it was agreed to and RSPB. 1 http://www.cornwall.gov.uk/media/17689865/cornwall-further- significant-changes-hra-feb-2016-update.pdf

Terrestrial European Sites Mitigation Supplementary Planning Document 7. Survey methodology 8. Survey results 7 7.1 The full survey methodology is presented in Appendix 1: Survey Methodology which Penhale Visitor Surveys: Results can be viewed here: www.cornwall.gov.uk/ 8.1 Over the four seasons, 406 groups were europeansitespd interviewed, representing 706 people and 696 dogs. Overall 87% of visitors lived in Cornwall 7.2 For the three terrestrial sites, Penhale Dunes SAC, and 13% were visitors to the county. 95% of local Godrevy to St Agnes Head SAC and visitors and 79% of non-resident visitors were dog Marsh SPA, surveys commenced in Autumn 2015 walking. As expected a higher number of visitors and were completed in Summer 2016. who lived outside of the county were interviewed 7.3 There were two main aims of the surveys. The in Summer compared to those interviewed over first was to gather postcodes of people visiting the Winter survey sessions (28% compared to 1%.) the sites in order to identify zones of influence 95% of local visitors arrived by car. For tourists the from which people travel to use the European split was closer to 50:50 because 55% arrived on Designated Site. The second was to examine the foot from , the campsite adjoining behaviour of visitors and draw conclusions as to the SAC. the likely impact and mitigation required. 8.2 Across the seasons Penhale was specifically visited by some local residents in preference to other destinations, as it is a large, level, dry and dog friendly, with easy parking and the ability to let the dog off the lead safely. 64% of visitors stated that they visit all year round. 8.3 Local resident groups who were dog walking were the most frequent visitors to the site. 32% of local resident visitors resided in the Civil Parish of , 12% in , 8% in and 6% in Kenwyn. 14 postcodes of holiday accommodation from non-local resident visitor groups were captured and were all located in the Civil Parish of Perranzabuloe. 8.4 In light of a 23% increase in housing within 12,500m of Penhale, a 21% predicted increase in recreational visits is expected. This could increase recreational pressure on the site to the extent that there may be significant effects, if not mitigated. 8.5 The data gathered from the visitor field work has been analysed to identify zone of influence around Penhale of 12.5km.

Marazion Marsh: Survey results 8.6 Over the four seasons 175 groups were interviewed, representing the visit patterns of 280 people accompanied by 109 dogs. 33% of groups were interviewed during the Autumn, 32% in Spring, 20% in the Summer and 15% over the Winter. On average 52% of groups were accompanied by dogs. 74% of all interviewed

Consultation Draft May 2017 groups were local residents, and 26% were visitors : Survey results 8 to the county, but in Winter, 96% (all but one) of 8.11 Over the four seasons 560 interviews were carried interviewed groups were local residents, 77% out, recording 622 individuals and their 337 dogs in Spring, 72% in Autumn. 64% of local visitors entering the site. 307 interviews were of local come to the site all year round. In Summer, 46% of resident groups and 253 of non-local resident interviewed groups were visitors to the county. groups; 54% of groups in Winter and 25% in 8.7 Overall dog walking was the most frequently cited Summer had dogs with them. activity during Autumn, Winter and Summer. 48% 8.12 55% of interviewed groups were local residents of activity responses from interviewed groups and 45% were visitors to the county. There was cited dog walking and 27% of activity responses a clear seasonal variation in the visit patterns from interviewed groups cited birdwatching/ of local and non-local residents; 80% of wildlife watching, with a higher proportion interviewed groups over the Winter were local of groups undertaking these activities during residents whereas 57% of interviewed groups Autumn and Spring. in the Summer were visitors to the county. The 8.8 The pattern of visits of those interviewed in proportion of visitors in different visit frequency the open area at the front of the Marazion site categories varied with season reflecting the tends to be from very local dog walkers cutting difference in patterns between local residents diagonally across the site, as part of a longer walk, and visitors to the county. 52% of local residents rather than as a destination in itself. In general, make more than 20 annual visits but 50% of out of bird watchers spent longer on the site and county visitors were making their first visit to the travelled from further away; some birdwatchers site. remained on the roadside and viewed the site 8.13 Overall, 72% of interviewed groups arrived by car/ from this vantage point, rather than entering the motorcycle, 27% by foot, and 1% by bus. 75% of site. local residents arrive by car, 24% by foot and 1% 8.9 The catchment area for 75% of visitors to the site by bus. Activity responses considered by season is 6km. However, the activities of dog walkers and show 49% of responses referred to ‘dog walking’ birdwatchers on the site are not impacting on in Winter and 44% cited ‘dog walking’ in Spring, the special features of the SPA as the features on the most popular times to ‘dog walk’ at Chapel the site used by birds are fenced off to prevent Porth. 75% of local resident groups who stated dog access. However there is a potential adverse they make more than 180 annual visits were dog impact on the site features from recreational walking. use of the beach by kite surfers during high tide, 8.14 41% of local resident groups originated from when kites can be carried over parts of the site the Civil Parish of St. Agnes, 6% from Truro, 5% used by birds. from Kenwyn, 4%from Perranzabuloe, 4% from 8.10 The potential adverse impact of kite surfing is , 3% from Falmouth, 3% from Newquay not related to the spatial distribution of housing and 2% from Penryn . 58% of non-local resident in the Cornwall Local Plan. Therefore no Zone of groups were staying in the Civil Parish of St. Agnes Influence is identified for development around and 4% in Perranzabuloe SPA. The issue will be dealt with 8.15 There is no current evidence of recreational use separately by Cornwall Council as competent having an adverse impact on the Godrevy head authority and consideration will be given to the to St Agnes SAC. No monitoring of the site is installation of signs (along the pedestrianised required during this plan period (2010-2030) but stretch of path next to the car park) showing an should Natural England’s condition assessment exclusion zone for kite surfers, to be adhered to of the site reveal recreational impacts, then the for two hours either side of high tide. situation should be reviewed.

Terrestrial European Sites Mitigation Supplementary Planning Document Derived Zones of Influence 8.18 Although not anticipated at this point it is also 9 8.16 The Zone of Influence has been derived using possible that Zones of Influence will emerge for the data collected (as summarised above) and the sites which are being monitored (Carrine is shown in figure 2. The Zone of Influence (ZoI) Common SAC, Godrevy Head to St Agnes SAC and represents the zone from which residents travel Marazion Marsh SPA). to access the European sites for recreational 8.19 Any development proposed in the geographic purposes. Zone of Influence shown are deemed to 8.17 For the terrestrial sites the ZoI are based on automatically trigger the need for provision of four seasons of visitor survey work, undertaken mitigation measures under the Habitats Directive. through face to face surveys. Postcodes collected 8.20 The full analysis of the visitor surveys for Penhale during these surveys were plotted on maps to Dunes, Marazion Marsh and Godrevy Head to show where visitors had travelled from. The St Agnes are presented as Appendix 2, which geographic zone of influence shown use these can be viewed here: www.cornwall.gov.uk/ plotted postcodes and show, measured in europeansitespd kilometres, zones within which 75% or more of likely visits are deemed to arise in association with where people live. Figure 2 - Zones of impact identified around Penhale Dunes SAC

Consultation Draft May 2017 9. Mitigating for Impacts on European contribution. The latter approach is usually only 10 suitable for the largest of developments, where Designated Sites there is sufficient space to provide a large enough 9.1 Mitigation for recreational impacts can take the SANG to satisfy the Habitat Regulations. SAMM form of managing access within European Sites, contributions are required for all developments, management of visitor behaviour near and within even if SANG is provided by the developer, as the European sites, making sites more resilient SANG sites do not absorb all recreational usage to recreational pressure, or making provision of from European Designated Sites. appropriate alternative recreation locations to 9.5 To achieve these mitigation measures, all draw users away from using the European sites. residential development within the zones shown 9.2 The first of these approaches is commonly in figure 2, that result in additional dwellings known as Strategic Access Management and will be required to provide for appropriate Monitoring or SAMM. This is management within management, mitigation and/or financial the internationally designated site, as well as contributions towards off-site mitigation. This will monitoring of its condition and impacts. need to be agreed and secured prior to approval of the development and delivered through 9.3 Providing Suitable Alternative Natural Greenspace section 106 agreement or Unilateral Undertaking is known as SANG and comprises the creation or through a planning condition as appropriate. of natural informal public open space to divert people from the internationally designated site. The required level of contributions will be based 9.4 Cornwall Council’s approach to developing on x/y where: strategic mitigation solutions for recreational impacts reflects similar approaches currently in X = the assessed overall costs of the package of use by a number of planning authorities, where mitigation measures set out in (a) and (b) above applicants within recreational zones of impact needed to offset potentially harmful visits to the either make a financial contribution per new European Nature Conservation Sites, and house or holiday unit and these sums are used to provide SAMM and SANG, or provide their Y = the number of contributing dwellings own mitigation measures rather than pay the

Terrestrial European Sites Mitigation Supplementary Planning Document 10. Delivering Suitable Alternative 11. Delivering Strategic Access 11 Natural Greenspace (SANG) Management and Monitoring 10.1 SANGs are intended to provide mitigation for (SAMM): the likely impact of residential development on vulnerable SACs and SPAs within Cornwall, by 11.1 Strategic Access Management and Monitoring preventing an increase in visitor pressure on the includes the provision of mechanisms such as site European Designated Sites. The effectiveness of management and/ or a programme of condition SANGs as mitigation depends upon their location monitoring and assessment. For coastal and and design. These must be such that the SANG is estuarine sites in particular education and public more attractive than the SACs and SPAs to users engagement are key to delivering behavioural of the kind that currently visit them. SANGs are change to minimise any recreational impacts. usually only suitable for terrestrial sites and for 11.2 For each of the vulnerable Natura 2000 sites in recreational disturbance in the intertidal area of Cornwall a list of SAMM items has been drawn marine European sites, since recreational activities up and costed to generate a list of delivery items. on the water as undertaken in marine sites are The costing covers a period of 80 years, which not usually transferrable to another location. has been agreed as a reasonable in perpetuity 10.2 Further information on what makes a suitable period for the lifetime of the developments. This SANG can be found in Appendix 3: SANGS figure is then divided by the number of houses Creation and Criteria, which can be viewed here: predicted within the Zone of Influence identified, www.cornwall.gov.uk/europeansitespd for the plan period (2010-2030). The SAMM list for Penhale Dunes is included at 10.3 Following analysis of the evidence collected it section 2. has not been shown that SANG is required at this time. This is because the level of recreational What type of developments need to contribute? usage predicted is such that the SAMM measures 11.3 Mitigation needs to be delivered to reduce prepared on a site by site basis are anticipated to increased recreational impact from additional be sufficient to ensure that there will be no Likely development within the zone of influence Significant Effect on the European Designated identified in Figure 2 such that there is no Likely Sites. This position will be considered again for the Significant Effect on the European Designated next plan period of 2030-2050, and can also be Sites. considered again sooner if the monitoring aspect of the SAMM measures show that the mitigation 11.4 This mitigation therefore applies to all new measures on site are not maintaining recreational housing, student accommodation and tourist impacts at an acceptable level. accommodation as follows: 10.4 Some large development applicants may yyHotels, guest houses, B&Bs, lodges, static choose to provide SANG on site in order to caravans & touring pitches provide on-site recreational facilities. However yyFlats as well as larger dwellings as SANG has not been demonstrated to be yyAffordable housing as well as market housing required for this plan period (2010-2030) the provision of developer-led SANG cannot be yyStudent accommodation chosen by applicants to excuse them from SAMM yyTied accommodation contribution. yyResidential caravans/mobile homes/park homes yyHousing for the ‘mobile’ elderly yyBUT NOT care homes for elderly or infirm who have significantly reduced mobility

Consultation Draft May 2017 11.5 Contributions will be collected from new units as 11.6 The contribution is based upon the cost of the 12 follows: SAMM items for a period of 80 years (agreed with Natural England as a reasonable in perpetuity yyWhere units already exist, the net additional time period) divided by the number of houses units will contribute within the ZoI, as set out above. yyWhere one unit is divided into two the additional unit will contribute 11.7 The SAMM cost is charged per unit, with the exception of student accommodation, serviced yyApplications to increase the operating period of tourist accommodation and accommodation for tourist accommodation will contribute for the the active elderly which is provided on a room additional period basis, not a flat basis. Where student/ tourist/ yyApplications to convert holiday to residential active elderly accommodation is provided on will contribute for any additional occupancy a room basis the normal unit contribution is period divided by 2.4 to give a per-bedroom rate. The yyResubmissions of lapsed permissions will figure of 2.4 is derived as the average householder also be required to provide mitigation, where occupancy rate. the 2016 Local Plan and associated Habitat 11.8 The costs per dwelling and per bedroom for Regulations Assessment evidence constitutes a student, tourist and active elderly provision are material change since permission was granted set out below: yyCharges for development conditioned for holiday/tourism use will be calculated per unit Site name: Measures Cost per Cost per and proportional to their annual permitted required unit (per bedroom usage. Self-catering accommodation will be bedroom for student/ charged the full contribution per unit; Serviced where serviced accommodation, where let on a per room basis, applicable) accommo- will pay the per bedroom rate per room; Touring dation/ pitches will, according to the usage conditioned active by a planning permission, pay a percentage of a full unit contribution per pitch (e.g. 5 months elderly per year = 42% of the full contributions) provision yyExtensions to existing houses will NOT be asked Marazion No SAMM - - to contribute Marsh SPA required Godrevy No SAMM - - Head to St required Agnes SAC Penhale SAMM £330 £137.50 Dunes SAC required Carrine No SAMM - - Common required SAC

Terrestrial European Sites Mitigation Supplementary Planning Document 12. Section 2: SAMM measures Penhale Dunes SAC 13 Penhale Dunes SAC Strategic Access Management and Monitoring Table of items required on the Penhale Dunes SAC 12.1 The list below has been compiled in conjunction with Cornwall Wildlife Trust, who manage the Penhale Dunes SAC. The list represents the resources required in order to provide an effective SAMM project, making the SAC more resilient to visitor pressure. 12.2 Some items are one off expenditures, some measures have a set life span, and some costs are annual. The cost is calculated over 80 years with the aim of ensuring that funds can provide mitigation in perpetuity Items are ranked in terms of their priority, as agreed with Cornwall Wildlife Trust. Rank Item Unit cost Annual cost No. of years required for In perpetuity cost 1 Dog warden visits once a week to enforce £220 per £11440 per 80 £915200 dog fouling and undertake proactive week year work with dog walkers educating them about the site and why it is important to pick up after their dog 2 Dog fouling campaign to raise awareness £500 £500 16 (every 5 years £8000 of SAC using CC Comms team campaign repeated) 3 Replacement of dog fouling information £500 per sign £5000 5 (5 further replacements £25000 notices, ten required likely within 80 year period) 4 Replacing wooden demarcation bollards £2000 £2000 5 (5 further replacements £10000 which prevent parking within the SAC likely within 80 year period) 5 Improvements to parking area to prevent £3000 £3000 5 (5 further replacements £15000 parking on verges (wooden teeth etc) likely within 80 year period) 6 Register of commercial dog walkers £1000 £1000 £80000 £80000 using the site to ensure they sign up to the Kennel Club Code of Conduct for commercial dog walkers. Sum to cover annual running of register, person to approach commercial walkers, explanatory literature etc 7 Annual monitoring of the SAC using £1000 £1000 80 £80000 walked transects and photographs to record condition Total for 80 years £1,133,200 Housing numbers 3431 excluding those built or with permission, within 12.5km of site edge Per unit contribution £330

Consultation Draft May 2017 14 More information Terrestrial European Sites Mitigation Supplementary Planning Document Consultation draft May 2017 can be viewed on the Council’s website www.cornwall.gov.uk

If you would like this information in another format or language please contact: Cornwall Council, County Hall, Treyew Road, Truro TR1 3AY Telephone: 0300 1234 100 Email: [email protected] www.cornwall.gov.uk

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Terrestrial European Sites Mitigation Supplementary Planning Document