Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document Adoption
Decision maker: Executive
Decision type: Executive Member/Officer - Key Decision
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To adopt the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document.
- That the Thames Basin Heaths Special Protection Area Avoidance and Mitigation Supplementary Planning Document be adopted and that the associated Sustainability Appraisal be published
- That the Consultation Statement pursuant to regulation 18(4) (b) of the Town and Country Planning (Local Development) (England) Regulations 2004 be approved.
Reasons for the decision:
- Parts of the Limiting the Impact of Development Supplementary Planning Document (SPD) which deals with issues outside the Thames Basin Heaths Special Protection Area (TBHSPA) is still current. However, section 11 and appendix C of the Limiting the Impact SPD will be superseded by the new SPD. Parts of the TBHSPA Technical Background Document to the Core Strategy are still current since this forms an Appropriate Assessment of the Council’s Core Strategy DPD (2008). Some sections (the avoidance and mitigation strategy) are however superseded by the SPD and this will be made clear on the Council’s website.
- The final form of the SPD which the Executive are asked to approve recognises that the policy position has significantly altered since the existing TBHSPA strategy was first implemented. South East Plan (SEP) Policy NRM6 currently forms part of our statutory Development Plan. Whilst our current strategy conforms to the new policy in many ways, there are a number of provisions which require amendment to our existing approach. The SEP Policy specifically references the TBH Delivery Framework as the mechanism for implementation of the policy. The Delivery Framework is sub-regional guidance, developed and agreed by the Joint Strategic Partnership Board (JSPB), for the purpose of standardising the approach to the avoidance and mitigation of impacts on the Thames Basin Heaths SPA.
- The SPD seeks to support the new strategy. The detailed approach is considered most appropriate and robust for the purpose of avoiding a likely significant effect on the SPA as a result of delivery of Bracknell Forest Council’s Core Strategy Development Plan Document (DPD) housing provision. The key changes include:
· A new SANG standard of 8 hectares per 1000 persons from 12 hectares per 1000 persons in line with the South East Plan and Delivery Framework.
· Changing the definition for “in-perpetuity” relating to financial contributions towards the maintenance of SANGs from a 20 year period to 125 years. The first draft SPD contained an ‘in perpetuity’ period of 80 years which was based on the Perpetuities and Accumulations Act 1964. This Act was updated in 2009 and the final SPD is based on the more recent ‘in perpetuity’ period of 125 years as stated in the Perpetuities and Accumulations Act 2009.
· Making provision for the collection of a sub-regional s106 contribution for strategic access management and monitoring in line with the Strategic Access Management and Monitoring Project.
· Setting SANGs and SAMM contributions on a ‘per bedroom’ basis, rather than a ‘per dwelling’ basis.
- The Model s106 will need to be updated to account for the changes in the new SPD.
Alternative options considered:
- The alternative option currently open to the Council is to delay, or not adopt the new SPD. This would result in the Council being potentially unable to:
· support its 20 year vision; or
· show that planning decisions were made in accordance with the Development Plan.
- Failure to implement a new SPD could result in:
· inability to demonstrate no adverse impact on the integrity of the SPA;
· inability to meet the overall housing provision as set out in the Core Strategy policy CS15;
· inability for the Council to market its own sites to be disposed of at optimum value without appropriate mitigation, potentially compromising other delivery ambitions;
· possible significant reduction in the planning application fees;
· possible reduction in building control inspection fees;
· impacts on partner organisations, who may not achieve financial tests to deliver new facilities through disposal of land for residential development;
· further medium to long-term impacts if this were to continue, such as failure to meet school capacity targets at some schools and future Council tax revenue projections.
Interests and Nature of Interests Declared:
Reason Key: Affects more than 1 ward;
Financial Impact: Within existing budget.
Subject to Urgent Proceedings: No
Making Representations: In writing to the Director of Environment, Culture and Communities.
Other reasons / organisations consulted
Publication date: 20/03/2012
Date of decision: 20/03/2012
Decided at meeting: 20/03/2012 - Executive
Effective from: 29/03/2012