Constraints Analysis May 2017 Purpose of study .......................................................................................................................... 3 Scope of study ............................................................................................................................. 3 Section 1: Nature Conservation: European Sites and SSSIs ........................................................ 4 Section 2: Green Belt ................................................................................................................. 21 Section 3: Area of Outstanding Natural Beauty .......................................................................... 28 Section 5: Locations at Risk of Flooding ..................................................................................... 40 Section 6: Common Land and Inalienable Land ......................................................................... 47 Section 7: Noise ......................................................................................................................... 50 Section 8: Air Quality .................................................................................................................. 55 Section 9: Transport ................................................................................................................... 56 Conclusions ............................................................................................................................... 60 2 Purpose of study 1. The Constraints Analysis is part of a suite of evidence documents which will inform the preparation of a Local Plan for Mole Valley, for the period 2018-2033. The purpose of this study is to identify at an early stage of the plan-making process those significant strategic- level constraints which will have the biggest influence on MVDC’s strategic approach to planning for objectively assessed needs. 2. This analysis will inform the plan-making process, in line with the principles set out in paragraph 14 of the NPPF, which states: Local planning authorities should positively seek opportunities to meet the development needs of their area; Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in this Framework indicate development should be restricted.” (emphasis added) 3. A footnote to NPPF paragraph 14 lists examples of specific policies which indicate that development should be restricted. Those which are applicable to Mole Valley are listed in paragraph 6, below. 4. As Local Plan preparation progresses, the Constraints Analysis will be further refined as required to inform the selection of a preferred strategic framework for development. 5. The conclusions of the study will also inform discussions with other LPAs under the Duty to Cooperate, which requires MVDC to explore cross-boundary options for meeting the District’s objectively assessed needs in full. Scope of study 6. The starting point of the study is to examine those constraints which are identified in the footnote to NPPF paragraph 14. These are examples of the “specific policies” which para 14 states “indicate development should be restricted”. Of those listed, the following are found within Mole Valley: Sites protected under the Birds and Habitats Directives and/or designated as Sites of Special Scientific Interest; Land designated as Green Belt; Areas of Outstanding Natural Beauty; Designated heritage assets; Locations at risk of flooding. 7. In addition to the above, the study examines the following constraints which it is considered are of sufficiently wide-ranging influence that they could have an impact on strategic options for development: Areas of Inalienable Land – i.e. Common Land and inalienable land controlled by the National Trust Noise, focussing on road noise within the M25 corridor and aircraft noise Air Quality Transport and Accessibility 3 8. The study will examine each of the above constraints and define the extent to which they impact on MVDC’s ability to plan for a level of development that meets objectively assessed needs. Section 1: Nature Conservation: European Sites and SSSIs 9. This section of the Constraints Analysis considers the extent to which land designated for its nature conservation importance acts as a strategic constraint on development. The need to avoid significant effects on European Sites is considered first, focussing on the Mole Gap to Reigate Escarpment Special Area of Conservation, much of which lies within the District, and the Thames Basin Heaths Special Protection Area, which lies to the west and south. 10. The analysis then turns to other designated sites, notably SSSIs, which are specifically mentioned in NPPF paragraph 14. It also identifies certain other local designations which cover a large enough extent of land that they are considered likely to impact on strategic options. European Sites 11. The European Habitats Directive sets out the means to protect habitats and species of European importance through the establishment and conservation of a network of sites known as ‘Natura 2000’. Natura 2000 sites are Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Birds Directive. 12. As part of the Local Plan preparation process, MVDC will undertake a Habitats Regulations Assessment to identify the implications of the plan on Natura 2000 sites either individually or in combination with other plans or projects. This is in line with the requirements of the Habitats Regulations. 13. This section identifies key issues which are likely to arise in relation to Natura 2000 sites, which may affect the shaping of strategic options. It draws on published Appropriate Assessments and other relevant studies relating to the Natura 2000 sites most likely to be a consideration for Mole Valley’s Local Plan, including: MVDC Core Strategy Appropriate Assessment 2008 Published Habitats Regulation Assessments for Reigate and Banstead Borough Council’s Core Strategy (2012) and Development management Plan (Draft, 2014) Thames Basin Heaths SPA Delivery Framework 14. As Local Plan preparation progresses, these issues will be addressed in more detail through the Habitats Regulation Assessment (HRA) process, in collaboration with Natural England, in order to ensure that an appropriate policy framework is incorporated in the Local Plan. 15. The HRA will consider the implications of the Local Plan for all Natura 2000 sites within a 10km radius. However, based on information currently available, it is anticipated that the key considerations will relate to the following two sites: Mole Gap to Reigate Escarpment Special Area of Conservation (SAC) Thames Basin Heaths Special Protection Area (SPA) 4 Mole Gap to Reigate Escarpment SAC 16. The SAC stretches for eight miles between Leatherhead and Reigate, taking in significant areas of Norbury Park, Box Hill and Headley Heath (see map 1, overleaf). 17. The area within the SAC is characterised by a mosaic of chalk downland habitats, ranging from open chalk grassland to scrub and various types of semi-natural woodland on the scarp and dip slopes of the North Downs. 18. One of its most important features is the stand of Box scrub which is unique in the UK. This occurs on steep chalk slopes, where the River Mole has cut into the North Downs escarpment. Natural erosion maintains the open conditions required for the survival of this habitat. 19. There are also large but fragmented areas of nationally significant calcareous grassland, which support an important assemblage of orchid species. Also nationally significant are the stands of Beech and Yew dominated woodland. 20. The site also supports a significant area of dry heathland and acid grassland at Headley Heath. Further species interest includes Great Crested Newt and Bechstein’s Bat 5 Map 1: Special Area of Conservation 6 21. Based on MVDC’s current information, the key potential impacts on the SAC are understood to be: Potential impact on habitat due to increased recreational usage; Potential impact on habitat due to maintenance (and risk of cessation) of grazing; Potential impact on habitat due to increased air pollution; Potential disturbance to roosting populations of Bechstein bats, a European Protected Species. 22. Of the above, the extent to which additional housing to meet forecast population growth will lead to increased recreational use – and what impact that would have on the SAC - is a key consideration in formulating strategic options for Mole Valley’s Local Plan. This will be a key focus for the HRA process. 23. Previous HRAs have indicated that the residual level of growth planned for within the 2009 Core Strategy would not have a significant adverse impact on the SAC, but that there may be a need for mitigation measures. Where these arise, they are likely to focus on visitor management measures. The SAC is under active management by a variety of bodies, including the National Trust, Surrey County Council. Surrey Wildlife Trust, Natural England and the Surrey Hills AONB Management Board. There will be a need to ensure that the HRA process includes close consultation with these agencies, drawing on their expertise about the impact of recreational use and visitor management measures which are