BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM 8 Development Committee 31 October 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 adopt the mitigation strategy in Appendix 2, as an addendum to the Upper Nene Valley Gravel Pits Special Protection Area Supplementary Planning Document. 2 Executive summary 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. 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. A draft mitigation strategy has been the subject of consultation and this report seeks approval of an updated version taking account of comments received to be adopted as an addendum to the Upper Nene Valley Gravel Pits Special Protection Area SPD. 3. Appendices Appendix 1 – Consultation Statement including consultation comments and officer responses. Appendix 2 - Upper Nene Valley Gravel Pits Special Protection Area SPD mitigation strategy October 2016. 4 Proposed action: 4.1 The committee is invited to RECOMMEND that the Mitigation Strategy in Appendix 2 be adopted as an addendum to the Upper Nene Valley Gravel Pits Special Protection Area Supplementary Planning Document. 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. 5.8 Approval was given on 27 June, by Development Committee, to consult on the draft mitigation strategy as an addendum to the SPA SPD. The consultation took place between 5th August 2016 and 16th September 2016. 6 Discussion 6.1 The mitigation strategy (Appendix 2) is an addendum to the adopted Special Protection Area Supplementary Planning Document (SPA SPD). 6.2 This part of the SPA 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, as required by the Habitat Regulations, and not general infrastructure, this means that pooling of more than five 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 unilateral undertakings. 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 using S111. 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. Consultation 6.8 The addendum to the SPD has been consulted on for a six week period between 5th August 2016 and 16th September 2016. The consultation responses received along with the officers responses are shown in Appendix 1. There were 11 responses received to the consultation, 4 supporting the document, 4 providing no comment, 2 that had elements of support with caveats and one objection. In summary the main issues identified through the consultation are: • That the collection of money is not compliant with the CIL regulations. • That a standard approach should not be taken. • Each application will need to meet its own requirements. • That other large scale developments do not need to make the contributions on top of other provision. • Not clear where each ‘unit’ of the SPA is. 6.9 Following the consultation the changes proposed to the mitigation strategy include: • Further text to explain how the mitigation is required to meet Habitat Regulations and how CIL regulations are met (Paragraph 1.1 and new Appendix 3). • Clarify that applicants have the option of undertaking their own project level Appropriate Assessment should they wish and meeting the identified mitigation. • Clarification that large developments that are capable of meeting the mitigation required through the Habitat Regulation can do so on site, where this is providing a size of open space that is sufficient to ensure no significant effect on the SPA they will not be required to contribute further (paragraph 1.5). • Include an overview map of the SPA with the unit numbers marked. 6.10 The changes identified have been included in the attached Mitigation Strategy in Appendix 2 and this report seeks approval to adopt this as policy. 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.