BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM 6 Development Committee 27 June 2016 Report of Head of Planning and Local Development UPPER NENE VALLEY GRAVEL PITS SPECIAL PROTECTION AREA SUPPLEMENTARY PLANNING DOCUMENT (SPD) MITIGATION STRATEGY 1 Purpose of report To seek approval to consult on the proposed mitigation strategy as an addendum to the Upper Nene Valley Gravel Pits Special Protection Area Supplementary Planning Document. 2 Executive summary 2.1 A Supplementary Planning Document (SPD) was produced to help local planning authorities, developers and others ensure that development has no significant effect on the Upper Nene Valley Gravel Pits Special Protection Area (SPA), in accordance with the legal requirements of the Habitats Regulations. This was adopted at Services Committee on 14 September 2015. 2.2 The Habitats Regulations Assessment (HRA) for the Joint Core Strategy identified that development across North Northamptonshire, specifically in East Northamptonshire and Wellingborough, is likely to have a significant effect on the Upper Nene Valley Gravel Pits Special Protection Area (SPA) and proposed a mitigation strategy to remove the significant effects. During the Joint Core Strategy (JCS) examination process Natural England, confirmed that this approach was necessary to ensure that the plan was legally compliant. Approval to consult on the mitigation strategy is therefore sought. 3. Appendices Appendix 1: Upper Nene Valley Gravel Pits Special Protection Area SPD mitigation strategy 4 Proposed action: The committee is invited to: 4.1 NOTE the importance of the SPA and the mitigation required to protect the asset. 4.2 RESOLVE to consult on the mitigation strategy as an addendum to the SPA SPD for a period of six weeks. 4.4 RESOLVE that contributions can be secured before adoption to ensure that significant affects do not occur at the SPA. 5 Background 5.1 As required through the Habitats Directive during the preparation of the North Northamptonshire Joint Core Strategy (JCS) a Habitats Regulation Assessment (HRA) was undertaken. 5.2 The HRA was undertaken by URS, now known as AECOM. The result of this assessment was that development across North Northamptonshire, specifically in East Northamptonshire and Wellingborough, is likely to have a significant effect on the Upper Nene Valley Gravel Pits Special Protection Area (SPA) and proposed a mitigation strategy to remove the significant effects. 5.3 Due to this significant effect Natural England, as a statutory consultee, responded saying that unless a mitigation strategy was in place to remove these significant effects then they would object to the JCS as not being legally compliant. 5.4 Dialogue and meetings took place over the course of summer 2015, in the run up to the JCS examination, with Natural England, the NNJPU and the two councils. An agreement was reached on how to progress a mitigation strategy. Background information was collected to understand the impact of new dwellings on the SPA, which mainly results from an increase in visitor numbers, and more specifically those visiting with dogs. 5.5 During the JCS examination the inspector asked Natural England if they could endorse the approach being taken for the mitigation strategy to support the JCS and they confirmed that they were. 5.6 The discussion at the examination resulted in a main modification to the JCS (Main Modification number 2). This sets out in policy 4 that: ‘A Mitigation Strategy document concerning the Upper Nene Valley Gravel Pits Special Protection Area will be produced, with a view to its subsequent adoption as an Addendum to the Upper Nene Valley Gravel Pits Special Protection Area Supplementary Planning Document by June 2016, to support the adopted Joint Core Strategy 2011-2031.’ 5.7 Therefore the mitigation strategy needs to be in place as soon as possible after the adoption of the JCS. 6 Discussion Mitigation Strategy 6.1 The mitigation strategy (Appendix 1) is an addendum to the adopted Special Protection Area Supplementary Planning Document (SPA SPD). The mitigation strategy will follow at the end of the current adopted document and will be a new section six. 6.2 This part of the SPD will relate to a 3km buffer around the Upper Nene Valley Gravel Pits SPA, and will apply to all new residential development within this buffer, where a net gain in housing is achieved. The ‘in-combination’ impact of proposals involving a net increase of one or more dwellings will have an adverse effect on the integrity of the SPA unless avoidance and mitigation measures are in place. It is deemed that one extra visitor to the SPA will cause a significant effect; therefore a contribution from each new dwelling is required to meet the Regulations. 6.3 Following research into the Strategic Access and Monitoring Measures (SAMMs) required and the anticipated amount of development over the life of the JCS, it has been calculated that each new dwelling within the buffer needs to contribute £269.58. The mitigation measures identified all fall under the heading SAMMs. This includes fencing and screening, footpath diversions, wardening and monitoring. As competent authorities both East Northamptonshire Council and the Borough Council of Wellingborough are defining these measures as access management required to mitigate effects on the SPA, and not infrastructure. As these measures are required to mitigate effects on the Upper Nene Valley Gravel Pits, and not general infrastructure, this means that pooling of more than 5 S106 contributions can take place. This will ensure that the mitigation contribution can be secured from all qualifying developments to ensure no significant effects can occur. 6.4 This contribution is a legal obligation to mitigate against effects on a European site. Following the process set out in the SPD will result in a more efficient and quicker process for the applicant. The alternative of undertaking a project level Habitats Regulation Assessment (HRA) on each application made, may lead to higher mitigation costs being identified and is likely to take significantly longer. 6.5 The council normally only enter into a s106 agreement for developments of 10 or more units. In this instance, to meet the legal requirements, small developments under this threshold will be liable to contribute to mitigation. 6.6 There are two possible ways the council can collect the contribution. Either through direct payment using Section 111 of the Local Government Act 1972 or through a Unilateral Undertaking. Officers have considered these options and feel that the best approach to ensure efficiency and speed is to collect payments through the direct payment route. 6.7 The council will retain the contributions that are paid, and will work to instruct contractors to undertake the access management, the wardening and the monitoring. It is anticipated that the Northamptonshire Wildlife Trust will undertake the practical and wardening work, and Natural England will commission the monitoring. Process 6.8 The addendum to the SPD will need to be consulted on for a six week period. Following the consultation and changes made from this consultation, the document will be brought back to the local authorities to adopt. 6.9 Mitigation measures and contributions can still be sought by the authority in the meantime, based on the evidence based and policy 4 in the JCS. This will ensure that no significant effects on the SPA occur and the Habitat Regulations are met. 7 Legal powers Supplementary Planning Documents are prepared under the 2004 Planning and Compulsory Purchase Act and in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 (Statutory Instrument 2012 No. 767). The Upper Nene Valley Gravel Pits Special Protection Area (SPA)/Ramsar site is legally protected by the Conservation of Habitats and Species Regulations 2010 (the ‘Habitats Regulations’). It is proposed to collect direct payment using Section 111 of the Local Government Act 1972 8 Financial and value for money implications The implementation of a mitigation strategy will require legal resources for reviewing legal documents; these costs would be sought from the applicant. There could also be a resources implication to monitor and enforce and collect monies however this is anticipated to be quite low, but this will need to be reviewed regularly and factored in to the figure requested. 9 Risk analysis Nature of risk Consequences Likelihood of Control if realised occurrence measures Not having a Reliance on Medium Provide guidance mitigation strategic and through mitigation strategy for the national policy strategy. Upper Nene which are broad. Valley Gravel Pits SPA to Not being able assist the to provide Council in relevant fulfilling its information to statutory duties. Natural England which will delay determination of planning applications. Not approving Lack of Low Consultation and the SPD consistent adoption of the addendum for approach to the SPD. consultation SPA across the related to the local authorities. Upper Nene Valley Gravel JCS objected to Pits SPA. by Natural England. 10 Implications for resources Natural England must be consulted on proposals that could affect the SPA. The introduction of consultation zones and thresholds provides greater clarity for the development management team as to when to consult with Natural England on planning applications. 11 Implications for stronger and safer communities None anticipated. 12 Implications for equalities There is no equality and diversity implications