A DRAFT ASSESSMENT OF THE CORE STRATEGY OF THE WAVERLEY BOROUGH LOCAL DEVELOPMENT FRAMEWORK IN RELATION TO THE SPECIAL PROTECTION AREAS AND SPECIAL AREA OF CONSERVATION

Waverley Borough Council Committee System - Committee Document

Meeting of the Environment and Leisure Overview and Scrutiny Committee held on 31/10/2006
A DRAFT ASSESSMENT OF THE CORE STRATEGY OF THE WAVERLEY BOROUGH LOCAL DEVELOPMENT FRAMEWORK IN RELATION TO THE SPECIAL PROTECTION AREAS AND SPECIAL AREA OF CONSERVATION
16th March 2006

ANNEXE 1

A DRAFT ASSESSMENT OF THE CORE STRATEGY OF THE WAVERLEY BOROUGH LOCAL DEVELOPMENT FRAMEWORK IN RELATION TO THE SPECIAL PROTECTION AREAS AND SPECIAL AREA OF CONSERVATION
16th March 2006

An assessment of the Core Strategy

1. In October 2005, the European Court of Justice (ECJ) ruled that Appropriate Assessments must be carried out on all land use planning documents in the UK. Waverley Borough Council had already produced the Core Strategy by that time, and had intended to submit it to the Secretary of State by the end of the year. In view of the ruling, submission has been delayed to allow for the Appropriate Assessment to be carried out.

The method adopted for the Appropriate Assessment

2. The method adopted is based on the guidance published by the European Commission and written by Oxford Brookes University, in a document “Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological Guidance on the Provisions of Article 6(3) and (4) of the Habitats Directive 92/43EEC.” (2002).

The Natura 2000 sites (See Plan 1)

3. The Natura 2000 sites actually in Waverley are:

q The Thames Basin Heaths Special Protection Area made up of thirteen SSSIs one of which, the Bourley and Long Valley SSSi is partly in Waverley Borough.

q The Wealden Heaths Phase1, made up of Thursley and Hankley and Frensham Commons SSSI which is contained in Waverley Borough.

q The Wealden Heath Phase 2 Special Protection Area which is made up of four SSSIs one of which is the Devil’s Punch Bowl.

q The Thursley, Hankley and Frensham Commons SSSI is part of the Thursley, Ash, Pirbright and Chobham Special Area of Conservation which is also a RAMSAR site.

The Guidance on carrying out an Appropriate Assessment

4. The guidance available at this date is limited to:

Planning Policy Statement 9 “Biodiversity and Geological Conservation” 2005

Circular 06/2005 “Biodiversity and Conservation”

European Commission “Assessment of plans and projects significantly affecting Natura 2000 sites –Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (November 2001). Hereafter this is called the European Commission guidance.

5. The third document, the EC guidance on assessment, is closer to the ECJ approach, so this Appropriate Assessment relies mainly on that document.

The reason for an Appropriate Assessment

6. The reason for an Appropriate Assessment is that it is required by the Habitats Directive Article 6 paragraphs (3) and (4) which state that:

“(3) 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 the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

(4) If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.”

Approach to decision-making

7. The European Commission guidance sets out a number of principles as to how to approach the decision making during the process. The primary one is “the precautionary principle which requires that the conservation objectives of Natura 2000 should prevail where there is uncertainty” (Section 2.2)

8. When bearing in mind the precautionary principle, “The emphasis for assessment should be on objectively demonstrating with supporting evidence that:

· there will be no significant effects on a Natura 2000 site (Stage 1 Screening);

· there will be no adverse effects on the integrity of a Natura 2000 site (Stage 2 Appropriate Assessment );

· there is an absence of alternatives to the project or plan that is likely to have an adverse effect to the integrity of a Natura 2000 site (Stage 3 assessment of alternative solutions);

· there are compensation measures that maintain or enhance the overall coherence of Natura 2000 (Stage 4 assessment of compensatory measures). (Section 2.2).

Stages in the assessment

9. The guidance states that there are four stages in producing an assessment of a project or plan:

· Stage 1: screening for the likely impacts;

· Stage 2: if there is a significant effect carry out an Appropriate Assessment;

· Stage 3: if there is a significant effect considering alternatives in the Plan;

· Stage 4: if there is a significant effect considering whether there is an overriding public interest.

STAGE 1: SCREENING THE WAVERLEY CORE STRATEGY

10. The guidance states that this stage should examine the likely effects of a plan either, alone or in combination, with other plans upon a Natura 2000 site and considers whether it can be objectively concluded that these effects will not be significant. However “where without any detailed assessment at the screening stage it can be assumed (because of the size and scale of the project or the characteristics of the Natura 2000 site) that significant effects are likely it will be sufficient to move directly to the Appropriate Assessment (Stage 2)”(Para 3.1.1.).

11. Nonetheless, a clear audit of all 21 Core Strategy policies in relation to each Natura 2000 site is included in Appendix 1.

12. The Core Strategy is likely to have a significant effect on the Natura sites because of the proposals will focus development in the four main settlements. This would mean additional development in Farnham which will have an adverse effect on the Thames Basin Heaths Special Protection Area. Development in Haslemere, Godalming, Witley and Milford could affect the Wealden Heaths Special Protection Area and the Thursley Ash Pirbright and Chobham Special Area of Conservation, though it will not have as big an impact as Farnham on the Thames Basin Heaths Special Protection Area. In any event, English Nature has only asked to be consulted within a 1 km zone date for the SPA and a 2 km for the Special Area of Conservation.

13. Therefore it is considered that the Core Strategy will have a significant effect and an Appropriate Assessment is required. It is entirely valid to move on to the next stage.

STAGE 2 APPROPRIATE ASSESSMENT

14. The steps in the process are as follows:

· Step 1 Information about the Core Strategy and the sites.

· Step 2 Impact of the Core Strategy on the sites.

· Step 3 Conservation Objectives of the Special Protection Area.

· Step 4 Mitigation measures.

Step 1 information about the Core Strategy and the sites

15. Using the information in checklist Box 6 of the European Commission guidance, the following data is produced:

Information about the plan

16. Full characteristics of the Core Strategy which may affect the sites.

The Core Strategy is a statement of the vision, spatial strategy, objectives and policies of the Borough Council. It contains 21 policies and 3 are especially relevant to the Natura 2000 sites. These are:

· Policy CP2 Location of Development
· Policy CP15 Housing Provision
· Policy CP8 Biodiversity

17. Policy CP2 on the location of development is relevant because it sets out where new development is to be built. Farnham and Haslemere are included. Development in Farnham in particular, but also in Haslemere to some extent, would have a significant effect on the Special Protection Areas, because both are sizeable towns close to the SPAs/SAC.(see the Audit Appendix 2) Maps showing the potential urban development sites are included in Appendix 2.

18. Policy CP15 sets out the number of dwellings that are to be built in the Borough overall at 187, between April 2001 and March 2018 and from this the degree of pressure from development on the SPAs can be assessed. It is estimated that 70 dwellings per annum will be built in the Farnham area based on previous trends.

19. Policy CP8 states that the biodiversity of the Borough will be protected conserved and enhanced. This means that the Special Protection Areas and the Special Areas of Conservation will be safeguarded. This Policy will have a beneficial effect and can be screened out.

The total range or area the plan will cover

20. The Core Strategy covers the whole Borough and all aspects of land use planning and spatial planning.

Other specifications of the plan

21. A diagrammatic map is produced with the Core Strategy showing the structure of the plan.

The characteristics of existing proposed or other approved plans which may cause interactive or cumulative impacts with the plan being assessed and which may affect the sites.

23. The Local Development Framework must conform and be consistent with the Draft South East Plan. It sets out a housing allocation of 230 dwellings per annum between 2006 and 2026. It also seeks to focus development on previously developed land in existing settlements, principally those in growth areas in the subregion. Waverley is neither in a growth area nor in a sub-region, but it is adjacent to both the Western Corridor and Blackwater Valley and the London Fringe sub- regions.

24. The Surrey Structure Plan has allocated 187 dwellings per annum up to 2016 for Waverley to be provided by each District. This Plan remains in place until 2007 when it will be replaced by the South East Plan.

25. The housing allocations in the Local Plans and Local Development Frameworks of adjoining Districts, particularly those within the Western Corridor and Blackwater Valley and the London Fringe, have a cumulative impact on the sites, which has to be taken into account.

Planned or contemplated nature conservation initiatives likely to affect the status of the sites in the future.

It is understood that English Nature will prepare a Delivery Plan for the Wealden Heaths, but no details are available as yet. English Nature has produced a SPD template for the Thames Basin Heaths based on the draft Delivery Plan of February 2005.

26. The National Trust is considering enhancement work for the Hindhead Commons.

The relationship (e.g. key distances) between the Core Strategy and the Natura sites.

27. At the request of English Nature a 5km zone has been drawn round the Thames Basin Heaths, because English Nature has evidence that development is likely to have a significant effect on the site.The Borough Council acting on its own initiative has drawn a 5km boundary on a precautionary basis round the Wealden Heaths Phase 1 and 2 and the Wealden Heaths Phase 2 in East Hampshire District Council. This zone has been devised to prompt the Council to consider on a case by case basis development that may affect the sites. Much of the west side of the Borough is affected.

Information about the Special Protection Area sites and the Special Area of Conservation

28. (This approach is based on the European Commission guidance)

The reason for the designation of the sites

29. The reason for designation of the Special Protection Areas is the protection of the woodlark, the Dartford warbler and the nightjar. The reason for the SAC designation is the area is an important example off wet and dry heath land.

The conservation objectives of the sites and the factors that contribute to the values of the site

30.To maintain* in favourable condition, the Northern Atlantic wet heath with cross-leaved heath (Erica tetralix); to maintain * in favourable condition, the depressions on peat substrates;

To maintain* in favourable condition, the dry heath;

To maintain* in favourable condition the habitats of the bird species of European importance, (Dartford Warbler, Nightjar and Woodlark) with particular reference to lowland heathland.

(*Maintenance implies restoration if the feature is not currently in favourable condition).

The conservation status of the sites actually in Waverley (See Plan 1)

31.The sites are:

a. Thames Basin Heaths Special Protection Area
b. Wealden Heaths Phase 1 and 2 Special Protection Area
c. Thursley, Ash, Pirbright and Chobham Special Area of Conservation

The existing baseline conditions of the sites
32. Lowland heath with woodland

The key attributes of any Annexe 1 habitats or Annexe2 species on the sites

33. Both the Special Protection Areas have more than 1% of the British population of nightjar, woodlark and Dartford warbler. The Special Area of Conservation is listed in Annexe 1 for the heathland habitat

The physical and chemical composition of the sites

34. The open heathland habitats of all three sites overlies sand a gravel sediments that give rise to sandy or peaty acidic soils supporting dry heathy vegetation on well drained slopes, wet heathland on low lying shallow slopes and bogs in valleys.

Those aspects of the site that are sensitive to change

35. The heaths are affected by large scale fire damage and erosion to paths, and by invasion of pine and birch.

Other conservation issues relevant to the site including likely future natural changes taking place.

36. The most significant natural change is likely to be invasion by trees

Step 2:Impact of the Core Strategy on the Special Protection Area sites and Special Area of Conservation

37. The likely significant effect of the Core Strategy on the Special Protection Areas and the SAC will be the impact of development proposed within the five kilometre zone in the Core Strategy, especially the amount of housing to be built per year. If the Thames Basin Heaths Delivery Plan can be used as an indication of the future approach adopted by English Nature for Special Protection Areas, (which may include the Wealden Heaths), then either dwellings cannot be built within a certain distance of the sites or else there has to be effective mitigation. When a Delivery Plan is produced for the Wealden Heaths and the mitigation measures to be sought are known, then the impact of the policies can be assessed for the Wealden heaths.

Step 3 Conservation objectives

38. This section is included as a safeguard in case the mitigation proposals are not carried out.

39. An assessment has to be made as to whether there will be adverse effects on the integrity of the sites as defined by the conservation objectives and status of the sites. The precautionary principle must be applied.

40. Box 10 of the European Commission guidance provides a checklist. This is used to make sure the process is gone through comprehensively.

Integrity of the site checklist

41. Does the plan have the potential to:

a) cause delays in progress towards achieving the conservation objectives of the site?

Increased pressure on the sites from additional informal recreational needs of the population and from their cats and dogs may affect achievement of the conservation objectives.

b)interrupt progress towards achieving the conservation objectives of the site

There would be an increase in the population visiting the Special Protection Area and this would affect the safeguarding of the sites,

c)disrupt those factors which help to maintain the favourable conditions of the site

There would be an increase in the population visiting the Special Protection Area and this would affect the safeguarding of the sites,

d)interfere with the balance, distribution and density of key species that are the indicators of the favourable condition of the site.

42. There would be an increase in the population visiting the Special Protection Area and this would affect the safeguarding of the sites,

Step 4 Mitigation measures

43. The mitigation measures proposed will avoid the adverse impacts of additional population on the sites because they will offer alternative locations for walking and dog walking. Looked at from the point of view of developers, there are three options:

· provide new land themselves;

· buy into provision of new land assembled by the local authority;

· buy into the upgrading of an existing site owned by the local authority;

44. At this point the significance of the role Waverley Borough Council can play becomes apparent. The requirements for mitigation arising from the Core Strategy relate to the Thames Basin Heaths Special Protection Area, so mitigation sites are mainly being sought in the Farnham area. The current indications are that the Waverley Open Space Audit will indicate that there are few areas of informal open space land within the built up area of Farnham, but one sizeable area that does exist is Farnham Park.

Farnham Park

45. Farnham Park is owned by Waverley Borough Council and is 130ha in area. It is situated to the north of the town centre, and is a mediaeval deer park associated with Farnham Castle. It extends northwards up to Hale, and the northern boundary is about 800m from the Special Protection Area boundary. The Park is well placed to provide mitigation for Farnham.

46. In January 2004, Waverley Borough Council published the document “Farnham Park: Historic Landscape Survey and Restoration Management Plan” prepared by Land Use Consultants. The document has a section on Infrastructure Improvements. The most important proposal from the aspect of increasing the capacity of the Park to take walking visitors is the scheme to provide interpretation at Park Lodge. However the other projects such as a new picnic area and interpretation boards will all contribute to encouraging visitors.

47. The Thames Basin Heaths Delivery Plan sets out the criteria for new mitigation space to be successful (para 4.7) but it can be applied equally well to existing space.

48. New sites must be:-
· easily accessible;
· local;
· provide for an attractive peaceful walk;
· provide for letting dogs of the lead;
· provide a qualitatively similar experience to the Special Protection Area ie semi natural and informal;
· greenspace;
· open in character where possible.

49. Farnham Park has some formal areas, but it also has extensive areas of open rough pasture which is not grazed, and it would be feasible to increase the numbers of people using that part of the Park. Overall, the Park meets the criteria very well. The Miniplan (the next item on the agenda) explains the position in detail.

The amount of mitigation space needed to the end of 2018 (the Plan period for the Core strategy)

TABLE 1

ZONE	DWELLINGS PER ANNUM	OCCUPANCY RATE	ADDITIONAL POPULATION	HA PER1000 POP standard	HA NEEDED
B	72 dw for 12 years	2.4	2073	16	33.2
C	440 (East Street and F. Hospital	2.4	1056	8	8.5
Total			3129		41.7

50.The Table above shows the population increase that is expected in the Farnham zones up to 2018 and the amount of land that is required. In the absence of definite information it has been assumed that much of the increase in housing on small sites will be in Zone B and the large sites will be in Zone C. Farnham Park could provide up to 57 ha of mitigation and therefore has the capacity to provide mitigation greenspace at least until 2018. (See the Miniplan – the next item on the agenda).

Availability of mitigation space after 2018

51.As well as the unused capacity of Farnham Park, there are a number of other possible sites, depending on whether the owners of the land wished to participate. The opportunities could be:

· 60 ha at Farnham Quarry at Badshot Lea;

· 15 ha to the east of Farnham Park;

· 2.3 ha at Riverside in the Town Centre, extending past the East Street site to the A31 Bypass and onto the south side of the Bypass;

· 23.5 ha at the water meadows between West street and the A31 Bypass in Farnham ;

· spaces that may be offered to developers by landowners.

(See the Miniplan for details of the financial contribution that development would make.)

STAGE 3 ASSESSMENT OF ALTERNATIVE SOLUTIONS

52. The guidance states that:

“Before a project or plan that either alone or in combination with other projects and plans has adverse effects on a Natura site can proceed, it must be objectively concluded that no alternative solutions exist.” It has been established that the Core Strategy will have adverse effects if the mitigation measures are not adequate. As there is some degree of uncertainly about the delivery of the mitigation, it is appropriate to consider the possibility of alternative solutions to the Core Strategy proposals.

The Core Strategy options

53.In the Core Strategy Issues and Options document, published in February 2005, four options were proposed for the strategic location of development in the Borough. The options were:

Option 1

54. Continue the approach of the Local Plan focussing development on previously developed land and provided flexibility to meet specific needs including exceptions for affordable housing in rural areas.

Option 2

55. Focus on development within Farnham, Godalming, Haslemere and Cranleigh and within the villages on the principal roads and railway lines.

Option 3

56. Development in the four main settlements only.

Option 4

57. A comprehensively planned new settlement.

58. Following public consultation the preferred option was a combination of Option 1 and 2 i.e. focussing on the urban areas and villages with transportation links and the provision for making exceptions for affordable housing. No allocation maps are included in this document because there are no allocations identified in the Core Strategy or the Housing Development Plan Document.

59. Looking at the Miniplan it is evident that mitigation can be provided and the consideration of alternates is not required further.

STAGE 4 OVERRIDING PUBLIC INTEREST

60. The need to provide housing within the zones of constraint cannot be regarded as being of public interest, and in any case the matter does not arise because mitigation can be provided.

CONCLUSION

61. Farnham Park will provide mitigation for development within 5km of the Thames Basin Heaths Special Protection Area at least until 2018 and other sites may also come forward. There are no Delivery Plans with standards for mitigation for the Wealden Heaths and Special Area of Conservation at present. Therefore, the AA of the Core Strategy shows that although proposed development in Farnham would have a significant effect on the Thames Basin Heaths Special Protection Area it will be possible to provide mitigation for developers.

APPENDIX 1

AUDIT OF SIGNIFICANT EFFECT OF CORE STRATEGY POLICIES ON THE NATURA 2000 SITES

POLICIES	TBH	WEALD1	WEALD2	SAC
CP1 Community Facilities	x	x	x	x
CP2 Location of development
CP3 Green Belt	x	x	x	x
CP4 Countryside	x	x	x	x
CP5 Infrastructure	x	x	x	x
CP6 Travel	x	x	x	x
CP7 Water	x	x	x	x
CP8 Biodiversity	x	x	x	x
CP9 Heritage	x	x	x	x
CP10 Pollution	x	x	x	x
CP11 Landscape	x	x	x	x
CP12 Townscape	x	x	x	x
CP13 Design	x	x	x	x
CP14 Housing need
CP15 Housing
CP16 Affordable housing
CP17 Employment	x	x	x	x
CP18 Leisure	x	x	x	x
CP19 Town centres	x	x	x	x
CP20 Visitor economy	x	x	x	x
CP 21 Communications	x	x	x	x

KEY

T B H..Thames Basin Heaths Special Protection Area

WEALD Wealden Heaths

SACSpecial Area of Conservation

X Doesn’t affect the designated area

Does affect designated area

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