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Habitats regulations assessment

Mitigating recreational impacts on internationally important wildlife sites

Introduction 

New developments within the District have the potential to impact on internationally important biodiversity sites (Habitats sites), in particular the Cotswold Beechwoods Special Area of Conservation (SAC) and North Meadow (and Clattinger Farm) Special Area of Conservation (SAC). Unfortunately these sites are being damaged by visitors to the sites – walking, biking, exercising their dogs etc – and that damage (recreational impact) is likely to increase as more houses and holiday accommodation are built, leading to more visitors. It is crucial that ways are found to prevent and mitigate this damage.

Legislation 

Cotswold District Council, as a “competent authority”, is legally obliged under the Conservation of Habitats and Species Regulations 2017 (as amended) to consider whether planning applications would affect the biodiversity of any SAC; and can only approve a planning application where the proposals will not impact on the special biodiversity of the SAC. This consideration is undertaken by a process called Habitats Regulations Assessment (HRA). 

Cotswold Beechwoods SAC 

The Cotswold Beechwoods SAC is mainly designated for its woodland flora and is very popular with visitors. The SAC extends into other Local Authority areas and is owned and managed by a number of owners.

Recreation Mitigation Strategy 

To assist planning applicants to progress their applications and to ensure that there is a strategic approach to delivering mitigation for recreational impacts at the Cotswold Beechwoods SAC the Local Authorities in the area and Natural England have worked together to prepare a Recreation Mitigation Strategy for the Cotswold Beechwoods SAC (Footprint 2022). 

Which applications are likely to impact on the Cotswold Beechwoods SAC? 

The Strategy sets the Cotswold Beechwoods SAC Zone of Influence (ZoI) at 15.4km based on an analysis of visitors to the site. All planning applications (and prior approvals) for residential or holiday accommodation within the 15.4km ZoI, will be subject to Habitats Regulations consideration. This also includes – 

  • Houses in Multiple Occupation (sui generis);
  • Residential institutions within the C2 Use Class where the residents are not severely restricted by illness or mobility;
  • Student accommodation;
  • Sites for gypsy, travellers and travelling showpeople;
  • Tourist accommodation, including self-catering, caravan and touring holiday accommodation;
  • Residential annexes and other ancillary accommodation.

The need to address Habitats Regulations issues for other types of development will be considered on a case by case basis.

How can planning applicants mitigate the impacts of their development?

The Strategy details mitigation measures (on-site e.g. rangers and signage; off-site e.g. the provision of suitable alternative natural greenspaces) along with costings for these measures. 

To enable planning applicants to mitigate the impacts of their development on the SAC, financial contributions can be made to help pay for the mitigation measures set out in the Strategy.

The cost of the strategic mitigation contribution has been calculated at £673/unit (+ admin charge) –

  • On site measures – £193/unit
  • Off site measures – £480/unit (in some limited instances developments may provide their own “suitable alternative natural greenspaces” instead.)

How to make a financial mitigation contribution

The simplest way to make a financial contribution towards ecological mitigation for the SAC is to use a s.111 legal agreement, which states that the applicant will pay the Council £673 for each unit of accommodation plus £125 per s.111 agreement (administration fee).

If you wish to use this option for your site, please complete the template legal agreements, following the guidance, and submit this with your application. Please do not send the payment until you receive the relevant invoice from the Council.

For some more complex applications, it may be appropriate to use a unilateral undertaking legal agreement.  The administration fee per agreement for unilateral undertakings is £510. 

In other instances the financial mitigation contribution may form part of a more comprehensive s.106 agreement and the administration fee will then be calculated on a case by case basis.

Information on how the financial contributions will be used to fund the Mitigation Strategy, for example the bidding process for funds to create new Suitable Alternative Greenspaces can be found on the webpage Cotswold Beechwoods SAC Suitable Alternative Natural Greenspace Fund here.

North Meadow (and Clattinger Farm) SAC

North Meadow SAC is mainly designated for its meadow flora and is very popular with visitors, particularly when the fritillaries are in flower. The SAC is located in Wiltshire, close to Cricklade and is owned and managed by Natural England. (The Clattinger Farm part of this SAC can be excluded as it is not currently subject to recreational impacts.) 

Recreation Mitigation Strategy 

To assist planning applicants to progress their applications and to ensure that there is a strategic approach to delivering mitigation for recreational impacts at the North Meadow and Clattinger Farm SAC the Local Authorities in the area and Natural England have worked together to prepare a Recreation Mitigation Strategy for the Clattinger Farm and North Meadow SAC.

Which applications are likely to impact on the North Meadow SAC? 

The Strategy sets 2 Zones of Influence (ZoI) for the North Meadow SAC –

  • The inner zone – 0 – 4.2km from the SAC
  • The outer zone – 4.2 – 9.4km from the SAC

PDF Icon North Meadow Zois and LA Boundaries May 2023 - pdf - 1.85 Mb

This is based on an analysis of visitors to the site. All planning applications (and prior approvals) for residential or holiday accommodation within 9.4km of North Meadow will be subject to Habitats Regulations consideration. This also includes

  • Houses in Multiple Occupation (sui generis);
  • Residential institutions within the C2 Use Class where the residents are not severely restricted by illness or mobility;
  • Student accommodation;
  • Sites for gypsy, travellers and travelling showpeople;
  • Tourist accommodation, including self-catering, caravan and touring holiday accommodation;
  • Residential annexes and other ancillary accommodation.

The need to address Habitats Regulations issues for other types of development will be considered on a case by case basis.

How can planning applicants mitigate the impacts of their development?  

The Strategy details mitigation measures (on-site e.g. rangers and signage; off-site e.g. the provision of suitable alternative natural greenspaces) along with costings for these measures. 

To enable planning applicants to mitigate the impacts of their development on the SAC, financial contributions can be made to help pay for the mitigation measures set out in the Strategy.

The cost of the strategic mitigation contribution (for valid applications submitted after 1 October 2024) has been calculated at:

  • For the inner zone - £812/unit (+ admin charge)
  • For the outer zone - £332/unit (+ admin charge)

Where applicants are providing their own “suitable alternative natural greenspaces” (which will be required for developments of 50 units and above within the inner zone) the level of contribution may be amended.  This will be resolved on a case by case basis.

How to make a financial mitigation contribution

The simplest way to make a financial contribution towards ecological mitigation for the SAC is to use a s.111 legal agreement, which states that the applicant will pay the Council the relevant sum for each unit of accommodation plus £125 per s.111 agreement (administration fee).

If you wish to use this option for your site, please complete the correct (ensuring it is for the inner or outer ZoI) template legal agreements, following the guidance, and submit this with your application. Please do not send the payment until you receive the relevant invoice from the Council.

For some more complex applications, it may be appropriate to use a unilateral undertaking legal agreement. The administration fee per agreement for unilateral undertakings is £510.

In other instances the financial mitigation contribution may form part of a more comprehensive s.106 agreement and the administration fee will then be calculated on a case by case basis.

Overlap between Zones of Influence

There is an overlap between the outer ZoI for the North Meadow SAC and the ZoI for the Cotswold Beechwoods SAC. Within that overlap financial mitigation contributions will have to be made for both SACs in order to ensure that any potential impacts on either site are mitigated.

Other options for mitigation

Alternatively applicants can submit their own “shadow” Habitats Regulations Assessment detailing the likely recreational impacts caused by the development and the mitigation that will be put in place to address those impacts. These shadow HRAs can be costly and complicated assessments to prepare and to date no shadow HRAs have been submitted that adequately address the impacts on the SAC.

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