BOROUGH OF POOLE

DECISION OF THE PORTFOLIO HOLDER FOR THE LOCAL ECONOMY, INCLUDING TRANSPORT: OCTOBER 2006

Report of the Head of Strategic Planning on

Dorset Heathlands Interim Mitigation Strategy

  1. Purpose of Report

1.1To authorise the Council’s participation in the development of a Dorset Heathlands Interim Mitigation Strategy for South East Dorset.

2.Reasons for Decision

2.1Urgent action is required to respond to recent advice from English Nature on the impact of residential development within 5k of the boundary of sites that fall within the Dorset Heathlands SPA.

2.2A copy of a report to Planning Committee on Thursday 21 September 2006, setting out the issues in full, is attached.

3.Recommendation

3.1That the Portfolio Holder authorises the Head of Strategic Planning and the Head of Planning Design and Control Services to: work with partner local authorities in South East Dorset to develop a Draft Dorset Heathlands Interim Mitigation Strategy; and to undertake public consultation before submitting a revised document to Council for adoption.

4.Background

4.1The background to the issue is set out in the Planning Committee report, attached. The urgency, which requires a Portfolio Holder decision, is that English Nature’s advice that local planning authorities may reasonably conclude that small scale residential developments would not have a significant adverse cumulative impact on the Dorset Heathlands applies only on the basis that the authorities are committed to the preparation of an Interim Mitigation Strategy by the end of November. In fact, necessary consultation is likely to mean that this deadline cannot be met. Nevertheless, it should be possible to adopt the Interim Strategy by the end of the year, or very soon thereafter.

4.2Once adopted, it is the intention that the authorities could work together to develop a Local Development Document, with a more long term approach to mitigation. The Interim Strategy will take the form an obligations policy with financial contributions being used to support specified measures that can be undertaken on a short term basis.

David Ralph, Head of Strategic PlanningSeptember 2006

Appendix: Report to Planning Committee, 21 September 2006

AGENDA ITEM 5

PLANNING COMMITTEE

21ST SEPTEMBER 2006

HEAD OF PLANNING DESIGN AND CONTROL SERVICES AND THE HEAD OF STRATEGIC PLANNING SERVICES

ENGLISH NATURE RESPONSE TO CUMULATIVE IMPACT OF DEVELOPMENT ON HEATHLAND SITES OF NATIONAL/INTERNATIONAL IMPORTANCE

1.PURPOSE OF REPORT

1.1To advise the Committee of the stance now being taken by English Nature regarding proposals for additional residential development within the Borough.

2.RECOMMENDATION

2.1The report be noted together with the actions being taken to address the concerns of English Nature and also the implications for the delivery of the Planning Service within the Borough.

3.BACKGROUND

3.1The Dorset heathlands are found from the Hampshire border in the east to Tolpuddle in the west and from Verwood in the north to Swanage in the south. The heathlands are divided into many scattered sites by other land uses and urban development. Most of the heathland areas are designated as a Special Protection Area (SPA) under the terms of the EU Directive dated 1979 on the Conservation of Wild Birds and/or as a Special Area for Conservation (SAC) under the 1992 Directive known as the “Habitats Directive”. The protection afforded by those designations is brought into UK law by the 1994 Habitats Regulations.

3.2The residual Dorset heaths contain large areas of dry heath, wet heath and acid valley mire which are extremely important in both a national and European context. The area is important for specialist breeding birds, especially Nightjar, Woodlark and Dartford Warbler.

3.3Under the Habitats Regulations any competent Authority, in this case the Borough of Poole, has a duty to ensure that all the activities they regulate will have no adverse effect on the integrity of the SPA. Regulation 48 of the Habitats Regulations requires the Council to assess the possible impact of various proposals, including planning applications, on the SPA.

3.4If significant effects are identified then the project should be subject to an assessment of the implications on the site in view of the site’s Conservation objectives. This is known as an Appropriate Assessment and the Habitats Regulations require the Council to carry this out on a case by case basis in consultation with English Nature.

3.5The test is a very strict one. The Council must be certain that the development would not have any impact on the integrity of the protected area. In the absence of certainty, the precautionary principle requires that the Council, in determining a planning application, may rely on English Nature’s consultation response that there would be harm. In that case the Planning Authority has a duty to refuse the application.

3.6Current advice from English Nature is to the effect that any residential development within 400 metres of the defined heathland areas is unlikely to be acceptable and cannot be mitigated. That is based on research undertaken by English Nature which looks at the predation range of domestic animals and the ease of access to those sites from the existing built up urban area.

3.7English Nature have now gone on to say that research indicates that visitor activity within sensitive heathlands can be generated across a much wider area and they have, for the purposes of their recent advice, indicated that any residential development within a 5 kilometre radius would need to be subject to scrutiny under the Habitats Regulations although they accept that, the further from the heathland one moves, the greater the likelihood of some form of mitigation being feasible.

3.8So far as the Borough is concerned, that brings the entire administrative area of the Council within range of sensitive heathland where some mitigation strategy will need to be developed.

3.9Until such time as an interim strategy is produced and agreed by this Council and its partners across the conurbation English Nature has issued an advice note that will allow small scale development to proceed on the basis that any adverse impact will be dealt with through the strategy when it is in place in the near future. Larger schemes will be subject to appropriate assessments, English Nature’s advice will be sought on a case by case basis and recommendations will need to be framed to deal with any identified adverse impact.

3.10Where appeals are currently outstanding English Nature will be linking with the Planning Inspectorate and the appellants to identify this additional point of concern and they have accumulated a substantial body of appeal evidence which supports their protective stance.

4.IMPLICATIONS

4.1These were potentially serious in the short term. The Local Planning Authorities’ initial stance was to advise developers that planning permissions could not be issued for residential development without risking a “call-in” as a result of the English Nature concerns. As a result of revised advice that position has been modified (see para 3.9 above).

4.2Officers are now working urgently with colleagues across the County to produce a workable interim strategy. That is likely to be based on a financial contribution towards off site mitigation, probably involving some form of financial payment – along the lines of the current L17 Policy – although the mechanics of how that will work will require some considerable thought and ingenuity as it is almost certain that, if land is to be assembled, not all of it will be within the Borough, nor will all the mitigation measures be contained within the administrative area of any particular Council.

4.3In the longer term, English Nature have suggested that one form of mitigation could be the creation of suitable alternative natural green space. That may require Councils to take a view about their own land holdings where they are in appropriate locations.

4.4The 400 metre “no development” zone around the heathlands is likely to impact adversely on the Council’s affordable housing programme and the Head of Housing and Community Services has been made aware of these latest developments.

4.5Over each of the last two years residential development within the 400m zones has produced about 100 approved units which will not now be possible in the future and the fee income will also be lost to the Council (approximately £26.5K per annum).

4.6The extent to which confidence has been affected is unknown though the assumption must be that the strength of the local housing market will take this interruption in its stride and officers have worked hard to communicate changes to agents and developers.

4.7Establishing a common understanding and position as the implications of the English Nature advice are analysed has been, and will continue to be, extremely time consuming for senior staff in both Units and in the other conurbation Authorities.

5.A SOLUTION

5.1Planning Authorities within the County have already met with English Nature representatives and agreed a way forward. It is likely to take the form of a broad interim strategy that looks at possible ways to mitigate harm through a package of measures including an improved wardening service and some capital works to improve the environment of our existing heaths.

5.2In the longer term there is likely to be pressure for additional open space to be created to soak up recreational pressure.

5.3The 400 metre “no development” zone is likely to remain in place for the foreseeable future, unless exceptional site specific mitigation can be agreed.

5.4In the longer term, for those parts of the Borough beyond the 400 metre zone, the interim strategy should allow for the release of land for housing though with appropriate mitigation sums being collected.

5.5Officers believe that the solution to this short term problem is likely to be measured in weeks and good preliminary work has already been undertaken. Nevertheless, the amount of work required to deal with the administrative and technical issues that this will throw up as well as the one-off and long term financial consequences for the Local Authority as a whole should not be underestimated.

5.6The Local Economy Portfolio Holder has agreed, as a matter of urgency, that officers should devote time to the preparation of the interim strategy to ensure that the future development of the town is not put at risk. The final document will need to be agreed by Cabinet and a date of 5th December 2006 has been provisionally identified.

P M WATSON

HEAD OF PLANNING DESIGN AND CONTROL SERVICES

DAVID RALPH

HEAD OF STRATEGIC PLANNING SERVICES

Contact Officers: P M Watson, Head of Planning Design and Control Services – Tel: 01202 633310/ D Ralph, Head of Strategic Planning Services – Tel: 01202 633327