Biodiversity Conservation Planning

undertakes Appropriate Assessment for the Test Valley Borough Council, Core Strategy

This report was commissioned by Test Valley Borough Council (TVBC), to assist the Council in assessing whether its Core Strategy Development Plan Document was likely to have any significant effects on the integrity of any sites or species of European conservation importance within or adjacent to the borough. The Conservation (Natural Habitats &c.) Regulations 1994 (as amended) give effect in England to the EC Habitats Directive and the EC Birds Directive. In particular, the Habitats Regulations give effect to Article 6(3) of the Habitats Directive which requires that in respect of all European sites:

“Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans and projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment ………….the competent national authorities shall agree to the plan or project only after ascertaining that it will not adversely affect the integrity of the site concerned….”

This requirement applies to the preparation of Local Development Frameworks by Local Planning Authorities, of which the Core Strategy is the key document setting out the preferred spatial planning options and development control policies from which all other plans and documents flow.

The key to determining whether any plans could have an adverse effect on the integrity of a European site is the process of Appropriate Assessment (AA). The DCLG published guidance for the AA of Regional Spatial Strategies (RSS) and Local Development Documents (LDD) in August 2006. This guidance describes AA as a three step process:

Step 1   – Determine the likely significant effects of the plan on the European sites.

Step 2 – If there is a likely significant effect, then undertake a full Appropriate Assessment to ascertain the effects on the integrity of the European site in relation to the conservation objectives of the site.

Step 3 – If an adverse effect is identified, then consideration needs to be given as to how the effect could be mitigated.

TVBC carried out an initial screening of the Core Strategy Preferred Options in January 2008. In consultation with Natural England and the Environment Agency, the Screening Report considered the potential effects of the Core Strategy Preferred Options and Development Control policies on all European sites within the Test Valley Borough and up to 10km outside of the borough boundary.

This identified 15 SACs, SPAs and Ramsar sites that may be affected. The initial screening assessment eliminated 10 of these and the green dimensions report focused on assessing the remaining 5 Natura 2000 sites in relation to key Core Strategy policies on housing development, commercial and industrial development.

The 100 page Appropriate Assessment report concluded that there were no likely significant effects on the Emer Bog or Mottisfont Bats SAC’s. However, there remained uncertainties about the recreational impacts of new residential development on the New Forest and the impacts on water quality in the Solent and Southampton Water from the scale of proposed residential development in Andover, due to the capacity of the Fullerton Sewage Treatment Works on the River Test (a main tributary of Southampton Water).In discussions between  Test Valley Borough Council and Natural England and the Environment Agency, it was agreed that the provision of an alternative countryside recreation site – a proposed new Forest Park in southern Test Valley – could mitigate the potential recreational impacts on the New Forest. Furthermore, limiting the number of new houses built in the Andover area to within the estimated capacity of the Fullerton STW would maintain current levels of water quality.

carries out an Appropriate Assessment for proposed new 1600 home residential site near Romsey

This report was commissioned by Glowfern Ltd, through its planning agents Lucken Beck Ltd. and on behalf of a consortium of the other property owners of land at Halterworth near Romsey. The purpose of the report was to assist Glowfern Ltd. and Test Valley Borough Council, in assessing whether its proposals for residential use and development is likely to have any significant effects on the integrity of any sites or species of European conservation importance. In putting forward this land as an alternative location to meet housing targets in southern Test Valley, Glowfern Ltd. did not want its proposal disadvantaged or compromised by not having had such an assessment, when the preferred strategic development sites in the Test Valley Borough Council (TVBC) Core Strategy DPD   had already been assessed (see above).

The 37 page assessment concluded that the proposed development of 1600 new houses was unlikely to have a significant effect on the Mottisfont Bats SAC because the site lay outside the 7.5km bat foraging zone. It was unlikely to have a significant effect on the Solent Maritime SAC or the Solent and Southampton Water SPA/Ramsar, so long as the infrastructure and capacity of the Romsey Greenhill Sewage Treatment Works was increased to accommodate the additional waste water. Furthermore, it was unlikely to have a significant effect on the Emer Bog SAC or the New Forest SAC/SPA/Ramsar via additional recreational impacts so long as adequate public open space alternatives were provided for the new residents of the area.

However   the proposed development site is a ‘safeguarded’ minerals area, policies on which are ‘saved’ in the new Hampshire Minerals and Waste Core Strategy DPD, July 2007.Pending further investigations, there remained uncertainties over the likely significant effects of mineral extraction (and possible subsequent land filling to achieve a viable development platform) on the sensitive hydrology and water chemistry of the nearby Emer Bog SAC.

provides expert witness support at planning inquiry

At the request of Test Valley Borough Council, green dimensions produced a Proof of Evidence and appeared at the planning inquiry to support its case on appeal, for refusal of planning permission for a recreational high ropes course in a woodland SINC (Site of Importance for Nature Conservation).(Planning Inspectorate Reference: APP/C1760/A/08/2071069/NWF. Local Planning Authority Ref: 07/02374/FULLN, November 2008).

In support of the Council’s case for refusal, green dimensions presented the Inspector with the following evidence:

• Described the ecology of the appeal site and the reasons for its identification as a Site of Importance for Nature Conservation (SINC);
• Explained the criteria for the designation of SINC sites in Hampshire and demonstrated that the appeal site met the criteria;
• Demonstrated how SINC sites, and in particular the appeal site, contribute towards the achievement of national, regional and local government objectives and targets with respect to sustainable development and biodiversity conservation;
• Demonstrated the special importance accorded to woodland habitats, particularly ancient woodland, in national and regional planning policy and strategy;
• Questioned the purpose and findings of the ecological report which supported the planning application;
• Whilst noting anomalies and the lack of key details in the submitted planning application, examined the potential impacts on the ecology and nature conservation importance of the appeal site and surrounding areas;
• Noted that no proposals were included with the planning application for the avoidance, mitigation or compensation for the potential impacts on nature conservation;
• It concluded that the proposed use and development of the site presents a significant risk of adverse effects on the ecology and nature conservation interests of the woodland and that the Council was justified therefore in refusing planning permission.

The appeal site consists of 2.48 ha of copse within the 600 acre Harewood Forest SINC. Harewood Forest is believed to be the second largest area of ancient woodland in the south of England and was mentioned in the 10th Century Saxon Chronicles as the Forest of Chute. 44 species of vascular plants indicative of ancient woodland have been recorded from within the site, as well as 11 different woodland stand types.

The appeal focused on whether the creation and use of a recreational high ropes course within a copse that had been felled and re-planted with Douglas Fir, would have a harmful effect on the ecology of the SINC woodland, contrary to planning policy.