Natural England

Thames Basin Health Technical Report welcome as "balanced view"

Natural England welcomes the publication of the Assessor’s report to the South East Plan Examination in Public Panel to examine the effect of proposed housing development on the internationally important wildlife of the Thames Basin Heath Special Protection Area (SPA).

We believe the report following the technical inquiry provides a balanced view. Natural England has argued that increasing the local population close to the heathland would threaten the survival of rare birds like the ground-nesting Dartford warbler, woodlark and nightjar. The Assessor recognised the risk that large scale housing poses for the SPA and his report is an important step forward in developing appropriate solutions.

In particular we are pleased that the Assessor accepts ‘a significant scale of additional housing around the SPA could damage it because of the potential for increased recreational pressure.’

He also recognised many key points in Natural England’s advice, in particular:

• That alternative green space is necessary to safeguard the SPA; other measures alone will not be adequate.
• Alternative green space is likely to be effective and deliverable.
• That all the Local Planning Authorities must work together as a matter of urgency to establish a joint strategic policy document for protection of the SPA.

Natural England’s Regional Director for the South East, Alan Law, said: “We have always tried to reach a solution that would protect the rare and vulnerable wildlife on the last remaining fragments of Thames Basin Heath, and at the same time allow sustainable housing growth in the South East.

“Providing the solution of alternative green space to direct the pressure of extra visitors from the heath has satisfied the Assessor that the amount of housing development proposed in the South East Plan can be undertaken without damage to the SPA.”

Natural England will give detailed consideration to the modifications to the draft Delivery Plan as outlined in the report, in collaboration with the planning authorities and the house building industry.

Mr Law added: “The Assessor makes recommendations for the next six months which could provide welcome relief for the building industry and LPAs if definite alternative green spaces are identified and measures to improve them are costed and programmed. Natural England is ready to step up all efforts with partners to achieve this.”

Ends

Notes for editors:

1. Natural England works for people, places and nature to conserve and enhance biodiversity, landscapes and wildlife in rural, urban, coastal and marine areas. We conserve and enhance the natural environment for its intrinsic value, the wellbeing and enjoyment of people, and the economic prosperity it brings. We increase opportunities to make the natural environment an enriching part of people's everyday lives, and improve its long term security by contributing to the sustainable management of our natural resources.

2. The Thames Basin Heaths Special Protection Area (SPA) comprises 13 Sites of Special Scientific Interest (SSSI), in total some 8400 ha, affecting 15 Local Planning Authorities (LPAs) across Surrey, Berkshire and Hampshire.

3. Natural England has been working in partnership with regional government and local planning authorities to develop a strategic approach for the Thames Basin Heaths area whilst ensuring that three rare heathland bird species are protected from any adverse effects of development.

4. Developments likely to have an impact on the SPA must pass a series of tests under Regulation 48 of the Conservation (Natural Habitats &c) Regulations 1994 (known as the Habitats Regulations). The requirements of the Habitats Regulations present a potential obstacle and/or delay to housing delivery. A strategic approach is needed to enable both the delivery of housing targets and protection of the SPA.

5. The full report is available to download from http://www.eipsoutheast.co.uk/news/story.aspx?id=49.

For more information please contact the Natural England Press Office on 0845 603 9953 or email pressoffice@naturalengland.org.uk. Out of hours mobile: 07970 098005.

Summary points from Assessor’s report:

In recognising the risk of impact on the SPA, the Assessor accepted:

• That there was evidence that populations of nightjar on the SPA were negatively affected by surrounding development.
• That Natural England’s research on the impacts on birds was superior (statistically more robust) than that commissioned on behalf of the house building industry.
• The national populations of the three species remain unstable and the increase in recent years is not in itself sufficient to conclude that further development would be unlikely to have a significant effect.

The term used to define alternative green space is Suitable Accessible Natural Greenspace (SANGS).

The main alternatives to SANGS sought by other parties were management of visitor access on the SPA and management of the wildlife habitat on the SPA. These are part of Natural England’s recommended approach.

In accepting that SANGS are necessary to safeguard the SPA, and other measures alone will not be adequate the Assessor accepted:

• The access management review commissioned by Natural England is a considerable step forward.
• The introduction of soft access management measures should not be delayed but there is no evidence that they would be sufficient in themselves to mitigate all adverse effects on the SPA.
• The opposition and problems that can arise with the introduction of access management measures are substantial.
• Even harder access management measures would be unlikely on their own to be sufficient to avoid harm to the SPA.
• Habitat management as mitigation is not an option in the short term and has only a small role to play in the long term.

In concluding that SANGS are likely to be effective and deliverable the Assessor accepted:

• (In 4.6.39) that, ‘there is reasonable certainty that subject to SANGS being of appropriate quality and suitably located, they should mitigate any adverse impact on the SPA, if necessary in combination with access management measures’.
• Subject to a clear policy on financial contributions, there is no undue difficulty in with delivery of necessary SANGS in the timescale of the South East Plan.

In concluding that all the Local Planning Authorities must work together as a matter of urgency to establish a strategic solution, the Assessor put forward that:

• There is a need for an overall strategy to avoidance and mitigation.
• This would be best achieved by a joint Development Plan Document (DPD) involving all affected authorities.
• The need for the DPD is urgent. It should be prepared within three years and if necessary the LPAs should be directed by the Secretary of State to do this.
• A strategic partnership should be formed, building on current cooperation, with a core of SEERA, the LPAs and NE, to coordinate policy for management and protection of the SPA.

The Assessor makes recommendations for the next 6 months which could provide welcome relief for the building industry and LPAs if definite alternative green spaces are identified and measures to improve them are costed and programmed. The importance of costing and programming arises from the Assessor’s observation that ‘All parties agree that if SANGS are to be effective they need to be up and running before the new development that it is intended to serve is occupied’.

The solution of SANGS has allowed the assessor to be satisfied that the amount of housing development proposed in the South East Plan can be undertaken without damage to the SPA. His words were, ‘In the light of my findings on the quantity of land available to provide SANGs and the amount of SANGs required, I am satisfied that the level of housing currently allocated in the Draft South East Plan for the area around the Thames Basin Heaths should not have a significant adverse effect on the SPA.’

On Natural England’s role the Assessor observed, ‘I do not consider that NE can be faulted for trying to do its best to assist the house building industry and local authorities to meet the requirements of the relevant legislation.’