Thames Basin Heaths Special Protection Area...

Thames Basin Heaths SpecialProtection Area Avoidance andMitigation SupplementaryPlanning Document(Consultation Draft)

Bracknell Forest Borough Local Development Frameworkwww.bracknell-forest.gov.ukJuly 2011

1Summary

31 Introduction

31.1 The Thames Basin Heaths SPA

41.2 Purpose and Scope of the SPD

41.3 Spatial Policy Framework

61.4 Stages in the Production of the SPD

71.5 Sustainability Appraisal

71.6 Sub-Regional Working

82 Background

82.1 Habitats Regulations

92.2 Bracknell Forest Housing Figures

102.3 Findings of the Core Strategy DPD Appropriate Assessment

113 SPA Avoidance and Mitigation Strategy

133.1 Types of Development Covered

133.2 Development within 400m of SPA

143.3 Suitable Alternative Natural Greenspace (SANG)

173.4 Strategic Access Management and Monitoring (SAMM)

183.5 Bespoke Solutions

204 Implementation and Monitoring

204.1 SANGs Contributions

224.2 SAMM Contributions

234.3 Summary of Avoidance and Mitigation Contributions

244.4 Timing of Contribution

254.5 Monitoring

26Glossary

28Abbreviations

29References

12Figure 1 Thames Basin Heaths SPA and Buffer Zones in Bracknell Forest16Figure 2 Strategic SANGs in Bracknell Forest

www.bracknell-forest.gov.uk/spa

1Table 1 Summary of SPA Avoidance and Mitigation Strategy4Table 2 Spatial Policy Framework6Table 3 Stages in the Production of the SPD14Table 4 Applications for Development within 400m of the SPA15Table 5 Suitable Areas of Strategic SANGs21Table 6 SANGs Contribution Calculation23Table 7 Strategic Access Management and Monitoring (SAMM) Contributions23Table 8 Summary of SPA Avoidance and Mitigation Strategy


SummaryIt has been established that a net increase in housing and other types of development potentiallyhas an adverse impact on the Thames Basin Heaths Special Protection Area (SPA). ThisSupplementary Planning Document (SPD) sets out measures which will help to ensure thatthese adverse impacts can be avoided and mitigated, where possible. A summary of theavoidance and mitigation strategy is outlined in the table below. More detail is contained in thefollowing sections.

Table 1 Summary of SPA Avoidance and Mitigation Strategy

Total Tariff(1)(2)

(per dwelling)

SAMMContribution(per dwelling)

SANGContribution(per dwelling)

Size ofDwelling(bedrooms)

RESIDENTIAL DEVELOPMENT(3)

n/aPresumption against net increase in residentialdevelopment.

Net increase inresidentialdwellings within400m of SPA

£1,969£399£1,5701Net increase inresidential

£2,596£526£2,0702dwellings locatedbetween 400m

£3,511£711£2,8003and 5km of the

£3,997£807£3,1904SPA(developments of

£5,202£1,052£4,1505+usually less than110 dwellings)

Costs ofbespoke SANG

£399Provision of abespoke SANGin accordance

1Large residential

developments(4)

(usually 110+ £5262 + 'per bedroom'SAMMthe Avoidance

£7113dwellings) locatedbetween 400m contributions

(dependent onhousing mix)

and MitigationSPD, with anAppropriate

£8074and 5km of theSPA

£1,0525+ Assessment andin consultationwith NE and

BFC.

Subject to Habitats Regulations Assessment, in order to establish likelysignificant effect on the SPA. May be required to provide appropriatemitigation - considered on a case by case basis in consultation with NE.

Net increase ofmore than 50residentialdwellings locatedbetween 5 - 7kmof the SPA

www.bracknell-forest.gov.uk/spa 1

Total Tariff(1)(2)

(per dwelling)




NON RESIDENTIAL DEVELOPMENT

Subject to Habitats Regulations Assessment in order to establish likelysignificant effect on the SPA. May be required to provide appropriate

Non-residentialdevelopmentwithin 400m ofSPA

avoidance and mitigation measures. Considered on a case by case

basis in consultation with NE.(5)

Unlikely to require a Habitats Regulations Assessment. Considered ona case by case basis, in consultation with NE, where appropriate.

Non-residentialdevelopmentlocated between400m and 5km ofthe SPA

1. Unless screening under Habitat Regulations 2010 Reg. 61(1), concludes no significant effect on the integrity of the SPA2. Reduced to reflect any in-kind mitigation measures, which will be assessed through Appropriate Assessment on a

case-by-case basis.3. Including new build, redevelopment, mixed use schemes, changes of use, conversions, affordable housing, planning

applications for approval of reserved matters (where no avoidance or mitigation measures have been secured at outlinestage) (including flats, apartments and houses)

4. Comprehensive development (or part thereof) including, but not limited to: sites identified by Policies CS3, CS4 and CS5in the Council’s Core Strategy DPD, urban extensions agreed through the adoption of the Site Allocations DPD and othermajor sites

5. See section 2.3 in this SPD and Table 10 in the Bracknell Forest Council Thames Basin Heaths SPA Technical BackgroundDocument to the Core Strategy DPD (2007) for information on potential impacts on the SPA.

2 www.bracknell-forest.gov.uk/spa

1 Introduction1.1 The Thames Basin Heaths SPA

1.1.1 The Thames Basin Heaths Special Protection Area (SPA) was designated in March2005. It is protected from adverse impact under european and national law.(1) The SPA is anetwork of heathland sites which are designated for their ability to provide a habitat for theinternationally important bird species of woodlark, nightjar and Dartford warbler.

1.1.2 The SPA spans 11 local authorities across Hampshire, Berkshire and Surrey and isfragmented by urban development and other land uses. It consists of 13 Sites of SpecialScientific Interest (SSSIs) scattered across these counties as shown in Appendix 1.

1.1.3 The two areas of the SPA that lie within Bracknell Forest are the Broadmoor to BagshotHeaths SSSI and the Sandhurst to Owlsmoor Bogs and Heaths (also know as Wildmoor Heath)SSSI. A large proportion of Bracknell Forest lies within 5km of the SPA to which this SPDprincipally applies.

1.1.4 In 2005 Natural England conducted research which indicated that the existing level ofrecreational pressure was having a detrimental effect on the three species of Annex I birds forwhich the SPA was designated.These ground-nesting birds which breed on the SPA are subjectto disturbance from people and their pets using the SPA for recreational purposes and thisaffects their breeding success.

1.1.5 Due to this information and the level of house-building expected in the Thames BasinHeaths area, Natural England objected to all planning applications for a net increase in residentialdevelopment within 5km of the SPA. This affected 11 Local Authorities in Berkshire, Hampshireand Surrey, which are within 5km of the SPA.

1.1.6 In order to comply with the Habitats Regulations and demonstrate that house-building is deliverable without giving rise to an adverse impact on the integrity of the SPA, in 2007Bracknell Forest Council carried out an Appropriate Assessment of the Core Strategy DPD.(2)

This identified potential impacts on the SPA and, in an accompanying Avoidance and MitigationStrategy, proposed measures which would ensure that those impacts could be avoided andmitigated.(3)

1.1.7 Significant sub-regional progress has been made since the implementation of theAvoidance and Mitigation Strategy in 2007. This includes adoption of the South East PlanPolicy NRM5 (Conservation and Improvement of Biodiversity) and NRM6 (Thames Basin HeathsSpecial Protection Area), agreement on the Thames Basin Heaths SPA Delivery Frameworkand development of the Strategic Access Management and Monitoring (SAMM) Project.

1 EU Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna (the 'Habitats Directive') 92/43/EEC, the'Birds Directive' 79/409/EEC and the Conservation of Habitats and Species Regulations 2010.

2 See Bracknell Forest Council Thames Basin Heaths SPA Technical Background Document to the Core Strategy DPD (July2007).

3 See Bracknell Forest Council Limiting the Impact of Development Supplementary Planning Document (SPD) (July 2007)


1.2 Purpose and Scope of the SPD

1.2.1 The main purpose of this Supplementary Planning Document (SPD) is to provideguidance to ensure that new development delivers Bracknell Forest Council (BFC) Core StrategyPolicy CS14 (Thames Basin Heaths SPA) in addition to other relevant national, regional andlocal policies and targets. It provides an updated Avoidance and Mitigation strategy to showhow the impacts of new (principally) residential developments on the Thames Basin HeathsSPA should be avoided and mitigated. It replaces Chapter 11 and Appendix C of the Limitingthe Impact of Development SPD and the Avoidance and Mitigation Strategy set out in theThames Basin Heaths SPA Technical Background Document to the Core Strategy (June2007).(4)

1.3 Spatial Policy Framework

1.3.1 The following table outlines the elements of the Development Plan that are relevant tothis SPD.

Table 2 Spatial Policy Framework

NotesPolicy ReferencesAdopted Policy

NRM5 Conservation andImprovement of Biodiversity

South East Plan (2009)(5)

NRM6 Thames Basin HeathsSpecial Protection Area

Sets out the principle ofSPA protection inBracknell Forest.

CS6 Limiting the Impact ofDevelopment

CS14 ThamesBasin Heaths SpecialProtection Area

Bracknell Forest CouncilCore Strategy DPD(February 2008)

Sets out the principle ofSPA protection inBracknell Forest.

EN3 Nature ConservationBracknell Forest BoroughLocal Plan 1991-2006

1.3.2 The BFC Core Strategy Development Plan Document (DPD) sets the long-term vision,objectives and strategy for the spatial development of Bracknell Forest and provides a frameworkfor promoting and controlling development to 2026.

1.3.3 The principle of SPA protection is set out in BFC Core Strategy Policy CS14: ThamesBasin Heaths Special Protection Area. See below. The Appropriate Assessment of the CoreStrategy(6) identified that such a policy was necessary to mitigate the environmental impactsof development.

4 Part of the Thames Basin Heaths SPA Technical Background Document to the Core Strategy (June 2007) is an AppropriateAssessment of the Core Strategy DPD. This part of the document is still current.

5 In May 2010, the Secretary of State for Communities and Local Government announced his intention to abolish RegionalSpatial Strategies (such as the South East Plan) which has been upheld as a material consideration.

6 See Thames Basin Heaths SPA Technical Background Document to the Core Strategy DPD (June 2007)


Core Strategy DPD Policy CS14 and Supporting Text

(Supporting text...) The Thames Basin Heaths is designated as a Special Protection Areaunder the EC Directive on the Conservation of Natural Habitats and of Wild Flora andFauna (the “Habitats Directive”).This designation aims to protect a network of sites acrossEurope which has rare or important habitats or species, in order to safeguard biodiversity.The Thames Basin Heaths SPA covers 8400 hectares within the boundaries of nine LocalAuthorities in Berkshire, Hampshire and Surrey; 1300 hectares lie to the south of theBorough of Bracknell Forest. The SPA is designated for its ability to provide a habitatsupporting breeding populations of Dartford warbler, nightjar and woodlark, which areprotected species under the EC Wild Birds Directive.

The sites are protected by the Habitats Directive, which is transposed into UK law by theHabitats Regulations. The requirements of both the Habitats Directive and the HabitatsRegulations are prescriptive and provide an absolute measure of whether permission canbe given. If an adverse impact is likely, and no mitigation is proposed to remove this impact,the plan or project must be refused subject to the exceptions tests set out in Regulation49 of the Habitats Regulations.

A significant impact is likely to occur from a net increase in residential development, leadingto an increased population, in an area where the inhabitants of the development are withinsuch proximity to the SPA they are likely to visit for recreational purposes. This zone ofsignificant effect is within a 5 kilometre straight-line distance from the SPA boundary.

The Core Strategy DPD must remove any adverse effects resulting from its policies. TheSPA technical background document to the Core Strategy DPD, has identified any potentialeffects arising from the plan, and put forward the type and amount of avoidance andmitigation measures required to remove these effects.

SPA Technical Background Document

The document identifies a strategic level of avoidance and mitigation measures, for examplethe provision of alternative recreational open space and visitor management.

This document has also concluded that any development within a 400 metre straight-linedistance of the boundary of the SPA will be assessed on its own merits with regard to theHabitats Directive. If a significant impact cannot be precluded a detailed project-levelAppropriate Assessment must ensure no adverse effect. Within this zone a significantadverse effect can only be avoided or mitigated in exceptional circumstances, thereforethere will be a general presumption against new residential development within 400 metresof the SPA boundary.

Outside this 400 metre zone, if development identified as having a significant effect cancomply with, and contribute an appropriate level towards, the measures detailed in theSPA Technical Background Document, the significant effect will be avoided and mitigated.Measures within the SPA Technical Background Document are not able to remove thesignificant effect of proposals within the 400 metre zone.

In order to assist the Council in making an Appropriate Assessment, where this is necessary,the developer will be required to provide such information as the Council may reasonablyrequire for the purpose of the assessment.


Policy CS14:Thames Basin Heaths Special Protection Area

The Council will carry out an assessment of the effects of a development proposalon the conservation objectives of the Thames Basin Heaths Special Protection Area(SPA) where there is a risk of the proposal having a signifi cant impact on the integrityof the site, either alone or in combination with other proposals. Proposals leadingto a net increase in residential dwellings, within a straight-line distance of 5 kilometresfrom the SPA boundary, are likely to have a significant effect.The Council will notpermit development which, either alone or in combination with other development,has an adverse effect upon the integrity of the SPA.

Development outside the 400-metre zone will be permitted where it can demonstratethat it can remove any adverse effect by contributing towards avoidance andmitigation measures in line with the SPA Technical Background Document.

The effective avoidance and/or mitigation of any identified adverse effects must bedemonstrated and secured prior to approval of the development.

Implementation

This policy will be implemented through:

The determination of planning applications and appeals;Subsequent policies and guidance in further Local Development Documents.

1.3.4 Therefore, in line with Planning Policy Statement (PPS)9(7), the requirements for avoidinga likely significant effect on the SPA are set out in the Core Strategy, with this SPD providingguidance on implementation of avoidance and mitigation measures.

1.4 Stages in the Production of the SPD

1.4.1 Due to policy changes and work at the regional level, BFC is undertaking a secondconsultation on its draft SPD. Details are set out in the table below.

Table 3 Stages in the Production of the SPD

DateStage

29th July - 2nd September2009

Thames Basin Heaths SPA Avoidance and Mitigation SPDSustainability Appraisal Scoping Report (July 2009)Consultation

2nd November - 14 December2009

Draft Thames Basin Heaths SPA Avoidance and MitigationSPD and Draft Sustainability Appraisal Report (November2009) Consultation

Planned for September 2011Draft Thames Basin Heaths SPA Avoidance and MitigationSPD and Draft Sustainability Appraisal Report (2011)Consultation

7 Planning Policy Statement 9: Biodiversity and Geological Conservation


DateStage

Planned for December 2011Adoption of Thames Basin Heaths SPA Avoidance andMitigation SPD and publication of Sustainability Statement

1.5 Sustainability Appraisal

1.5.1 Plans and programmes that have been determined to require Appropriate Assessmentpursuant to the Habitats Directive are also subject to an assessment procedure under theStrategic Environmental Assessment (SEA) Directive (Article 3(2) (b)).

1.5.2 Although it is no longer mandatory to carry out Sustainability Appraisal (SA) of SPDs,BFC has decided to continue to do so. Therefore this SPD is accompanied by an SAincorporating the requirements of SEA. Consultation on the SA Scoping Report has beenundertaken as shown in the table above. An updated draft SA Report is being consulted onalongside this Draft SPD.

1.6 Sub-Regional Working

1.6.1 The Thames Basin Heaths SPA affects 11 local authorities.(8) In order to be sure of aconsistent approach across the whole area, and on the advice of the Technical Advisor at theSouth East Plan Examination in Public (November/December 2007), a Joint Strategic Partnership(JSP) was set up in 2007 to provide a vehicle for joint working, liaison and exchange ofinformation between local authorities and other organisations affected by the Thames BasinHeaths SPA. A Councillor from Bracknell Forest is a member of the Joint Strategic PartnershipBoard (JSPB).

1.6.2 In February 2009 the JSPB adopted guidelines in the form of a Delivery Framework.(9)

This is available on the Council's website at http://www.bracknell-forest.gov.uk/spa and enablesthe delivery of residential development in the vicinity of the SPA without that developmenthaving a significant effect on the SPA as a whole. These guidelines form the basis of theapproach adopted in this SPD.

1.6.3 Bracknell Forest Council has been working jointly at a sub-regional level for a numberof years to implement mitigation measures and will endeavour to continue to do so in the future.

8 Waverley BC, Guildford BC, Surrey Heath BC, Woking BC, Bracknell Forest BC, Hart DC, Wokingham BC, Elmbridge BC,Runnymede BC, The Royal Borough of Windsor and Maidenhead, Rushmoor BC.

9 Thames Basin Heaths Special Protection Area Delivery Framework (JSPB) 12 February 2009.


http://www.bracknell-forest.gov.uk/spa

2 Background2.1 Habitats Regulations

2.1.1 The Conservation of Habitats and Species Regulations 2010, referred to as the “HabitatsRegulations”, implement in Great Britain the requirements of the EU Directive on theConservation of Natural Habitats and of Wild Flora and Fauna, referred to as the “HabitatsDirective” (Council Directive 92/43/EEC) and protect areas classified under EC Council Directive79/409/EEC on the conservation of wild birds, referred to as the “Birds Directive”. TheRegulations aim to protect a network of sites that have rare or important habitats and speciesin order to safeguard biodiversity.

2.1.2 Under the EC Birds Directive, Member States are required to take special measuresto conserve the habitats of certain rare species of birds (listed in Annex I of the Birds Directive)and regularly occurring migratory birds. In particular each Member State was required to classifythe most suitable areas of such habitats as Special Protection Areas (SPAs). This is designedto protect wild birds, and to provide sufficient diversity of habitats for all species so as to maintainpopulations at an ecologically sound level. All Bird Directive SPAs are part of the Natura 2000network under Article 3(1) of the Habitats Directive.

2.1.3 Under Article 6(3) of the Habitats Directive, Competent Authorities have a duty to ensurethat all the activities they regulate have no adverse effect on the integrity of any of the Natura2000 sites. Therefore, the Competent Authority must assess the possible effects of the variousproposals on any Natura 2000 sites.This includes screening for potential impacts on Europeansites. If there is a probability or a risk that there will be significant effects on site integrity aloneor in-combination with all other relevant plans or projects (having regard to the site’s conservationobjectives) then the plan or project must be subject to an Appropriate Assessment (AA) of itsimplications on the site. In the light of the conclusions of the assessment the CompetentAuthority shall agree to the plan or project only after having ascertained that it will not adverselyaffect the integrity of the site concerned and where the plan cannot pass further stringent testsdescribed in Article 6(4). This process is clarified in Figure 1 of Circular 06/2005 ‘Biodiversityand Geological Conservation’ which is shown in Appendix 2.

2.1.4 The decision-maker must consider the likely and reasonably foreseeable effects inorder to ascertain that the proposal will not have an adverse effect on the integrity of thesite before it may grant permission (subject to the exception tests set out in Regulation 61 ofthe Habitats Regulations).

2.1.5 As described above, screening and, if necessary, AA should be undertaken by theCompetent Authority (Bracknell Forest Council - BFC). However, the process also requiresecological expertise in order to make judgements about the implications for site integrity. Itrequires close working with Natural England in order to obtain the necessary information, agreethe process, outcomes and mitigation proposals, and to meet the requirements of the HabitatsRegulations.


2.2 Bracknell Forest Housing Figures

2.2.1 The Council’s Core Strategy DPD was subject to, and passed Appropriate Assessment,allowing its adoption in February 2008. Policy CS15 of the Core Strategy sets out that overthe plan period 2006 - 2026 the Council will make provision for 11,139 new dwellings (net).This figure includes a carry over of 359 units from a shortfall during the previous plan period(pre-2006). Subsequent advice from the Government Office for the South East (GOSE) wasthat no allowance needs to be made for the shortfall. Removing this allowance reduces thehousing requirement from 11,139 to 10,780. Further references in this document to the CoreStrategy housing requirement therefore means a target for the plan period of 10,780 dwellings.

2.2.2 Following adoption of the Core Strategy, the South East Plan(10) was published in May2009. This set a requirement of 12,780 new dwellings (net) for Bracknell Forest, an increaseof 2,000 homes over the plan period up to 2026 over the Core Strategy figure.

2.2.3 In November 2009, BFC consulted on a draft Thames Basin Heaths SPA Avoidanceand Mitigation SPD. This included an updated Appropriate Assessment of the higher SouthEast Plan housing allocation.

2.2.4 In May 2010, the Secretary of State for Communities and Local Government (CLG)announced his intention to abolish Regional Spatial Strategies (RSSs).(11) In July 2010, aParliamentary Statement (CLG letter dated 6 July 2010) was issued confirming the revocationof Regional Strategies with immediate effect. Although the South East Plan housing requirementformed the basis of the consultation carried out in 2009, it is no longer appropriate to use it asa basis for planning future development.

2.2.5 The letter announcing the revocation of Regional Strategies, was accompanied byadvice setting out immediate issues arising from this change. The guidance also set out thatLPAs will be responsible for establishing local housing provision in their area, and someauthorities may decide to retain their existing housing targets that were set out in the revokedRSSs.

2.2.6 The advice also confirmed that adopted DPDs and saved policies will continue to providethe statutory planning framework. For Bracknell Forest this means that the Core Strategyremains part of the Development Plan including Policy CS15 as described above.

2.2.7 Based on this government advice, the figure in the adopted Core Strategy adjusted forthe carry over from the previous plan period (giving 10,780) is the housing target for BracknellForest.

2.2.8 Some of these developments will fall outside of this Avoidance and Mitigation SPD andwill not be required to make SPA contributions. This is set out in Appendix 3.

10 The Regional Spatial Strategy for the South East.11 This has been confirmed as a material consideration.


2.3 Findings of the Core Strategy DPD AppropriateAssessment

2.3.1 Table 10 in the Technical Background Document to the Core Strategy DPD (2007),sets out the likely impacts on the conservation objectives of the SPA arising as a result of thepolicies in the Core Strategy DPD. In summary, potential adverse effects on the SPA couldarise as a result of

an increased in population close to the SPAincreased recreational activityan increase in urban area.

2.3.2 Adverse effects could be any (or all) of the following;

Vandalism (incl. fire) – potentially causing damage to birds and nestsEnrichment (from waste tipping and dog faeces) – potentially causing other plants toout-compete heathland plantsPredation – of eggs and/or chicksDisturbance by people and dogs – potentially causing adult birds not returning to nest,chicks/eggs to die of exposure and a reduction in bird breeding success.Trampling – of eggsFragmentation between heathland – potentially affecting bird territories and availabilityof ‘lay-back’ land required for grazing animals when their presence on the SPA is likely tocause damageSupporting habitats – potential loss of foraging habitats for birdsHydrology – changes to water supply into SPA could potentially affect birds.Pollution – potential effect of fly tipping and air pollution on heathland plantsRoads – noise could affect breeding and feeding.

2.3.3 This SPD sets out an Avoidance and Mitigation strategy which would allow the Councilto conclude no adverse impact on the integrity of the SPA as a result of a net increase inresidential development between 400m and 5km of the SPA. Non-residential developments(particularly in close proximity to the SPA) are subject to a Habitats Regulations Assessmentand are considered on a case by case basis.The potential adverse effects, summarised above,will enable such assessments.


3 SPA Avoidance and Mitigation Strategy3.0.1 This section provides guidance on the measures which will be implemented in BracknellForest to avoid likely significant effects on the SPA from development that is set out in the BFCCore Strategy DPD.They reflect the measures agreed by the JSPB in the Thames Basin HeathsDelivery Framework (2009) which can be found on the Council's website athttp://www.bracknell-forest.gov.uk/spa

3.0.2 Any net increase in residential dwellings within 5km of the SPA is likely to have asignificant impact either alone or in combination with others falling within the 5km zone.Consequently, every proposal for net additional dwellings must make provision to avoid and/ormitigate the impact. If developments contribute towards the measures set out in this SPD, theycan avoid the effects of the development proposal and a project-level Appropriate Assessmentis not required.(12)

3.0.3 The option remains for developers to undertake a Habitats Regulations screeningassessment and where necessary a full appropriate assessment to demonstrate that a proposalwill not adversely affect the integrity of the SPA.

3.0.4 A two prong approach to avoiding likely significant effect on the SPA is appropriate:

Provision of Suitable Alternative Natural Greenspace (SANG) to attract people awayfrom the SPA and hence reduce pressure on it; andaccess management and monitoring measures on, and monitoring of, the SPA to reducethe impact of people who visit the SPA.

3.0.5 The avoidance measures should be provided in order that they can function in perpetuity.

3.0.6 The avoidance measures should be applied within a ‘Zone of Influence’ - defined asthe area from 400m from the perimeter of the SPA to 5km from the perimeter of the SPA.(13)

Figure 1 shows the area of SPA in Bracknell Forest and the extent of the 400m and 5km bufferzones. The majority of overall housing provision in Bracknell Forest(14) between 2006-2026will be located within this zone of influence. There is a presumption against residentialdevelopment within 400m of the SPA boundary as explained below.

12 This principle has been established through the High Court Judgement of J Sullivan in Hart DC v SoS for Communities andLocal Government [2008].

13 Measured as the crow flies from the primary point of access to the curtilage of the dwelling.14 As set out in the Core Strategy DPD and the Draft Site Allocations DPD.



Figure 1 Thames Basin Heaths SPA and Buffer Zones in Bracknell Forest

0 1 2 3 4 5Km

This Map is reproduced from Ordnance Survey Material withthe permission of Ordnance Survey on behalf of the

Controller of Her Majesty's Stationery Office © Crown Copyright.Unauthorised reproduction infringes Crown copyright and may

lead to prosecution or civil proceedings.Bracknell Forest Borough Council LA100019488.

Legend400m SPA Buffer

5km SPA Buffer

Special Protection Area

Bracknell Forest Boundary

SPA Buffer Zones


3.0.7 Residential developments of over 50 houses located between 5 and 7km from the edgeof the SPA should be assessed on an individual basis. Where appropriate, a full appropriateassessment may be required to ascertain whether the proposal could have an adverse effecton the SPA.

3.1 Types of Development Covered

3.1.1 The duty to consider the possibility of likely significant effect on the SPA applies to alltypes of development, not just residential. This strategy largely concerns itself with the effectsarising from the following development:

Proposals for 1 or more net new dwelling units falling within Use Class C3 (residentialdevelopment); andProposals for 1 or more net new units of staff residential accommodation falling within withUse Classes C1 and C2.

3.1.2 Other C1 and C2 uses will be assessed on a case by case basis. In the instance ofHouses of Multiple Occupation (HMOs), they are normally single dwelling units. However theCouncil will deal with each on a case by case basis in consultation with the DevelopmentManagement Section and the Compliance Team.

3.1.3 This strategy applies to applications for full or outline planning permission. Reservedmatters,(15) discharge of conditions, or amendments to existing planning consents will beconsidered on an individual basis by the Council.

3.1.4 Large residential development proposals, which due to their scale and potential impactand ability to offer their own alternative avoidance measures, will be considered on a case bycase basis. See section 3.5 (Bespoke Solutions).

3.1.5 Replacement dwellings will not generally lead to increased recreational pressure,therefore, will have no likely significant effect on the SPA and will not be required to make acontribution to the provision of avoidance measures.

3.1.6 All other applications for planning permission for developments in the vicinity of theSPA will be screened to assess whether they will have a likely significant effect (individually orin combination with other plans or projects) and where necessary a full Habitats RegulationsAssessment will be undertaken.

3.2 Development within 400m of SPA

3.2.1 Within 400m of the SPA(16) the impact of new net increase in residential developmenton the SPA is likely to be such that it is not possible to conclude no adverse effect on the SPA.There should therefore be a presumption against residential development within this zone (theexclusion zone).(17)

15 In March 2007 legal advice was received which led the Council and Natural England to the view that Regulations 48 and49 of the 1994 Habitats Regulations, should be applied to applications for approval of reserved matters or variations orrenewals, where potential effects on the SPA were not fully considered when an existing permission was granted or whereinformation more recently provided would make for a different assessment of effects.

16 Measured as the crow flies from the SPA perimeter to the point of access on the curtilage of the dwellings.17 This is set out in Core Strategy DPD Policy CS14.


Table 4 Applications for Development within 400m of the SPA

Unless screening under Regulation 61(1) of theHabitats Regulations 2010 concludes no significanteffect on the integrity of the SPA.

Within a straight-line distance of 400mfrom SPA boundary

Including applications for approval ofreserved matters pursuant to an outlineplanning permission, all applications for:

Development is unlikely to be permitted as noeffective avoidance and mitigation measures areconsidered to be available which would avoid

Net increase of 1 or more dwellingsMaterial changes of use orintensification impact on the SPA. Where bespoke avoidance

and mitigation measures are proposed, these mustEmployment and commercialdevelopment including business, be identified through an Appropriate Assessment

and satisfy the Council, in consultation with NaturalEngland, that adverse effects can be removed,otherwise planning applications will be refused.

industrial, distribution and storage(BIDS) usesMixed use schemes

Payment contributions towards measures in thisAvoidance and Mitigation Strategy will not removeadverse effects arising from development within400m of the SPA and therefore will not beaccepted.

3.3 Suitable Alternative Natural Greenspace (SANG)

3.3.1 The provision of alternative recreational land to attract new residents away from theSPA is a key part of avoiding the impacts of new development on the Thames Basin HeathsSPA.

3.3.2 Within Bracknell Forest there are two ways for developers to provide new SANGs:

Make a payment contribution towards strategic SANGs(18) (subject to available SANGscapacity); or Make an in-kind, bespoke provision based upon the principles within this SPD. See section3.5.

3.3.3 SANGs provision must be in addition to normal open space requirements(19) on thebasis of at least 8ha per 1,000 population and meet the quality standards agreed at thesub-regional level.(20)

18 Strategic SANGs are open spaces in Bracknell Forest which, in agreement with NE, have been identified as being suitablefor bringing up to SANGs standard through the application of developer contributions.

19 Open land to avoid and mitigate adverse impacts on habitat protected by the SPA designation is not the same as openspace provision to meet recreational needs. Each serves a different purpose and is defined as such. Therefore the capacityof the SANG is based on 8ha/1000 persons after discounting any relevant Open Space of Public Value (OSPV) as set outin Appendix 4. Management of the SANGs is required to bring the sites up to a higher quality which will encourage morevisitors and divert visits away from the SPA. If contributions towards the management of open space provision are reduced,the baseline quality of OSPV will be reduced. This baseline is a consideration in providing the necessary measures to bringSANGs up to the required standard.

20 See Natural England SANGs Quality Guidance on the Council's website at http://www.bracknell-forest.gov.uk/spa



3.3.4 Sufficient SANG should be provided in advance of dwelling completion(21) to ensurethat there is no likely significant effect on the SPA.

3.3.5 Appendices 4 and 5 explain the process undertaken to identify strategic SANGs inBracknell Forest and their full assessment. The following table lists the open spaces in theborough which were identified as suitable SANGs and their agreed catchment zones.(22)

Developments of less than 10 dwellings do not need to be within a specified distance ofSANG.(23) However, all net new dwellings (including on sites of less than 10 dwellings) will berequired to contribute to the provision of avoidance measures.(24)

Table 5 Suitable Areas of Strategic SANGs

Estimated Area(ha)

Catchment ZoneOpen Space Site(1)

22.35kmThe Cut Countryside Corridor (Jocks Copse /Tinker's Copse / The Cut (south) / Garth Meadows/ Larks Hill / Piggy Wood)

34.925kmShepherd Meadows

27.395kmEnglemere Pond

10.015kmHorseshoe Lake

15.795kmLong Hill Park Group (Longhill Park / Milman Close

/ Beswick Gardens Copse / Lily Hill Park(25) /Clintons Hill)

22.745kmLily Hill Park

13.564kmAmbarrow Court / Ambarrow Hill

4.782kmPart of Great Hollands Recreation Ground

1. In 2007, South Hill Park was identified as an area of open space which had the potential to be a SANG. Due to its limitedcatchment (400m) however it would in practise only provide mitigation for residential developments of less than 10 dwellings.For such developments, the Council has SANGs capacity in the south of the Borough. The site has therefore been removedfrom the Council's suite of strategic SANGs.

3.3.6 These are shown on the following map.

21 Completion should be defined as when an individual dwelling is completed, rather than when a whole development iscompleted.

22 The visitor catchment zone for larger areas of open space has been set at 5 kilometres, as this was the distance withinwhich the majority of visitors were found to arrive. Where smaller SANGs are proposed, smaller catchments have beenprescribed in line with the Delivery Framework.

23 The South East Plan Technical Assessor recommended that only new residential development of 10 dwellings or morewould have an impact on the SPA. The Board considers that this approach fails to recognise the longer term cumulativeeffect of small-scale developments, however accepts his conclusion that individually developments of less than 10 dwellingswill not have a significant impact on the SPA. Thus this Delivery Framework recommends a more flexible approach to theprovision of SANG in relation to smaller developments. The threshold of 10 is identified on the basis of the definition ofmajor development in the GDPO 1995.

24 Whilst the JSPB considers that SANG is not required to cater for the individual impact of small developments, in order toprovide certainty that the overall (cumulative) impact of all small developments on the SPA is avoided, an appropriate levelof SANG should be provided within the vicinity of the SPA as a whole.

25 Lily Hill Park is shown separately below.


Figure 2 Strategic SANGs in Bracknell Forest

Shepherd Meadows

Englemere PondLily Hill Park

Larks Hill

Longhill Park

Ambarrow Court

Garth Meadows

Horseshoe Lake

Ambarrow Hill

Clintons Hill

Piggy Wood

Great Hollands Recreation Ground

Tinker's CopseJock's Copse

Milman Close

This Map is reproduced from Ordnance Survey Material withthe permission of Ordnance Survey on behalf of theController of Her Majesty's Stationery Office © Crown Copyright.Unauthorised reproduction infringes Crown copyright and maylead to prosecution or civil proceedings.Bracknell Forest Borough Council LA100019488.

0 1 2 3Km

LegendSpecial Protection Areas

SANGs

BFBC Borough Boundary

SANGs identified in the SPA Avoidance and Mitigation SPD


3.3.7 Appendix 7 shows that the SANGs has the capacity to mitigate against a total of13,643(26) additional people if enhancements are implemented.

3.3.8 The broad enhancements to various areas of open space are provided in Appendix 6.This will be implemented as a rolling programme of works as development occurs funded bydeveloper’s contributions. An Open Space Management Plan will give full details of the exactworks to be carried out at each site over a 5 year period. These plans will be reviewed every5 years in consultation with Natural England and other partners where relevant. Futuremonitoring and surveys may indicate additional works or improvements that could improvesuitability as SANGs.

3.4 Strategic Access Management and Monitoring (SAMM)

3.4.1 The second avoidance and mitigation measure is access management and monitoring.A contribution towards the Strategic Access Management and Monitoring (SAMM) project(27)

will be required from all new net residential development, regardless of whether the SANGsprovision is bespoke or via the Avoidance and Mitigation Strategy. This is necessary for tworeasons:

as SANGs provision alone cannot be relied upon to entirely avoid harm to the SPA, it mustbe supplemented with education and wardening on the SPA itself, and;to ensure that visitor management on the SPA is co-ordinated across the area, so thatdisplacement of visitors from one area of the SPA to another is avoided.

3.4.2 The Thames Basin Heaths SPA comprises multiple SSSI sites, owned and managedby many different organisations and some private individuals. In order to ensure that accessmanagement implemented in one area does not simply displace visitors onto another part ofthe SPA, it is necessary to take a strategic approach to visitor access management.

3.4.3 The Access Management and Monitoring Partnership (made up of landowners andmanagers of the SPA) with support from Natural England and Hampshire County Council, hasput forward a programme of strategic visitor access management measures for the purpose ofmitigating the impacts of new development on the SPA, to be funded by developer contributions.These measures, in combination with a complimentary monitoring programme, have been takenforward into the Strategic Access Management and Monitoring (SAMM) project. Natural Englandcurrently hosts the project co-ordinator, whilst Hampshire County Council manages the finances.

3.4.4 The SAMM project aims to:

Promote SANGS as new recreational opportunities for local people and particularlyencourage their use during the breeding bird seasonProvide on-the-ground wardening service to supplement existing wardening effortsProvide an SPA-wide education programmeCreate new volunteering opportunitiesDemonstrate best practice for strategic access management of visitors and visitorinfrastructure where the supply of greenspace is heavily dependent on protected areasMonitor visitor usage of SANGs and SPAMonitor Annex 1 birds on SPA sites

26 After discounting existing visitor use.27 Detailed information can be found on the Council's website at http://www.bracknell-forest.gov.uk/spa



3.4.5 The increase in co-ordination capabilities will help existing wardens to promote standardmessages, whilst the on-the-ground wardening service will be implemented, in relation todelivery of new residential development. In combination, this will allow confidence that, evenif the provision of SANGs alone does not divert all new residents from using the SPA forrecreation, there will be no increase in harm caused as a result of recreational pressure.

3.4.6 The SAMM Project Manager (currently hosted by Natural England) is tasked withdrawing up the detailed list of actions. The resulting work programme is overseen by the SAMMProject Board.

3.4.7 The SAMM Project will be implemented, by collection of the relevant S106 contributions.As the measures are strategic, not all money collected from development within the boroughwill necessarily be spent within the borough. However, all contributions will be spent inaccordance with a monitored work programme. A monitoring programme will measure thesuccess of the project.

3.5 Bespoke Solutions

3.5.1 Bespoke SANGs may be provided for certain developments. Bespoke options may bethe developer’s choice, required by policy or necessity due to lack of SANGs capacity or requiredwhere compliance with a general standard may not be sufficient to comply with HabitatsRegulations. These applications will be dealt with on a case-by-case basis following guidelineson Appropriate Assessment and in consultation with Natural England. Due to the practicalitiesof providing bespoke SANGs which are large enough to be attractive to new residents, it islikely that only larger developments (110+ dwellings)(28) will be in a position to deliver acceptablebespoke solutions.

3.5.2 Developments identified within the Core Strategy DPD (2007) are required to providebespoke SANGs. These are:

Policy CS3 - Bracknell Town Centre. This already has planning permission, includingbespoke avoidance and mitigation measures (identified in a project-level AppropriateAssessment), which remove all adverse effects on the SPA arising from this development.Policy CS4 - Amen Corner, Binfield – this includes the construction of approximately725 net additional new dwellings and a requirement for bespoke avoidance and mitigationmeasures as set out in the Amen Corner SPD.Policy CS5 - Land North of Whitegrove and Quelm Park, Warfield – this includes theconstruction of approximately 2,200 net additional new dwellings and a requirement forbespoke avoidance and mitigation measures, as set out in the Draft Warfield SPD.

3.5.3 Due to the large-scale nature of these developments, and the subsequent concentrationof new residents arising in these locations, where possible these proposals will provide theirown areas of SANGs on-site, and where not possible off-site provision may be acceptable,where the Competent Authority, having regard to advice from Natural England, can concludethat the off-site SANGs will function as an effective alternative to the SPA.

28 110 dwellings is the minimum number necessary (at an average of 2.31 people per dwelling and 8ha per 1000 populationSANG requirement) to generate a requirement for a 2ha SANG (which is the smallest SANG by area which would beacceptable). In Bracknell Forest, the average household size is 2.31 persons per dwelling - this is set out in the ThamesBasin Heaths SPA Technical Background Document to the Core Strategy DPD (2007).


3.5.4 The Council expects that some large windfall sites may come forward with the opportunityto incorporate a bespoke mitigation solution. In addition to this, Bracknell Forest Council’s SiteAllocations DPD(29) identifies further sites (in addition to the developments identified in the CoreStrategy) where a bespoke solution will be expected. The Council will consider the acceptabilityof bespoke solutions on a case-by case basis, in consultation with Natural England, and willconduct a Habitats Regulations Assessment.

3.5.5 Other large developments may also wish to consider putting forward a bespoke mitigationpackage, rather than contribute towards the measures in the Council’s strategy.

3.5.6 Whilst the SANGs quantity and quality standards set out in this document are a usefulstarting point for the assessment of bespoke solutions, compliance with these standards maynot be sufficient to demonstrate that the requirements of the Habitats Regulations are met.(30)

A Habitats Regulations Assessment will be required to ensure that there is no likely significanteffect or no adverse impact on the integrity of the SPA. Early consultation with the Council andNatural England is encouraged.

3.5.7 Open land to avoid and mitigate adverse impacts on habitat protected by the SPAdesignation is not the same as open space provision to meet recreational needs. Each servesa different purpose, as illustrated by research which has shown that SPA visitors seek siteswith different characteristics than general open space users;(31) provision for each is soughtand calculated on a different basis.(32) This SPD requires the provision and management ofopen land in addition to the recreational open space to serve and make a new developmentsustainable, and which is needed to make a scheme acceptable regardless of its location inrelation the SPA.

3.5.8 To mitigate the impact that occupiers of a development will have on the integrity of theSPA, any in-kind protection measures must be in place before those occupiers move in andso, where appropriate, the Council will seek to restrict occupations until related SPA avoidanceand mitigation measures and/or works have been completed. Rather than retain responsibilityfor maintaining in-kind semi-natural open space, a developer may want to offer the land to BFC,another public body or set up a management company or community trust (all subject toappropriate ongoing funding). In this case the Council will need assurance that such anorganisation has the necessary skills and resources to maintain the open space and that it willremain in existence to achieve this in perpetuity.

3.5.9 Where a development includes specific measures to avoid and mitigate its impact uponthe SPA, the Council will, in consultation with Natural England, undertake a Habitats RegulationsAssessment. This will consider the effect of the proposal on the SPA and the avoidance andmitigation measures, including size, quality and location of any proposed SANG and strategicaccess management and monitoring measures.

3.5.10 Contributions towards the SAMM project will be required even where bespoke SANGsprovision is proposed.

29 At the time of writing, this DPD had been subject to a Preferred Options consultation and has not yet been adopted.30 This was confirmed as the most appropriate way to assess bespoke solutions by the Secretary of State in his decision letter

on the TRL Site, Crowthorne (APP/R0335/A/08/2076543)31 See Liley, Mallord and Lobley, 2005.32 The capacity of the SANG is based on 8ha/1000 persons after discounting any relevant open space of public value (OSPV)

(4.3 ha of OSPV per 1,000 people) as set out in Chapter 4 of Limiting the Impact of Development SPD (2007). Contributionstowards the management of open space provision ensure a baseline quality of OSPV. This baseline is a consideration inproviding the necessary measures to bring SANGs up to the required standard.


4 Implementation and Monitoring4.0.1 The model section 106 Agreement will be amended to reflect the following changes.

4.1 SANGs Contributions

4.1.1 All SANGs set out in table 5 are either owned, or leased to/by the Council, or are siteswhere the Council has an agreement with the freeholder or leaseholder. The Council is willingto pool together developer contributions from different developments to facilitate and implementenhancements and make these sites available for SPA mitigation purposes.

4.1.2 Where, instead of a bespoke solution, provision is made for contributions to be paidand pooled towards implementing the Avoidance and Mitigation SPD (upon which NaturalEngland has been consulted); the Council will not require an Appropriate Assessment of theplanning application, as a likely significant effect is avoided.

4.1.3 The contributing development must be within a maximum of 5km of an area of a SANGalthough developments of less than 10 dwellings do not need to be within a specified distanceof SANG (see section 3.3).

4.1.4 Regardless of the extent of any works and measures already undertaken at the nearestSANG, a developer will still be required to contribute as the need arises from the cumulativeimpact of many developments.

4.1.5 The identified SANGs require enhancement works to realise their potential to deflectvisits away from the SPA. To determine the extent of the works required, the following wereused:

survey information on: visitors; accessibility; parking; user perception and habitat/natureconservation qualities;the expertise of those with responsibility for open space management; andinformation from Natural England based upon its research.

4.1.6 The key enhancements are to improve accessibility, to provide well-designed circularwalks of more than 2.3 – 2.5km and to make semi-natural habitat more attractive as set out inthis Avoidance and Mitigation SPD and in line with research carried out by Natural England.Contributions accepted for enhancements to mitigating open spaces, which are also designatedas SSSIs (for example Englemere Pond), will only be used to enhance the experience forvisitors. The funds will not be used for habitat management measures which are a statutoryrequirement of the SSSI landowner.

4.1.7 Contributions need to be in proportion to the proposed development and sufficient toavoid and mitigate adverse impacts. The payment contribution in Table 6 below is derived fromthe cost of open land enhancement works and sustainable management in perpetuity, as wellas appropriate administration and education costs. This is in line with the approach and costingsset out in Appendices 3 and 7.


4.1.8 The Council pooling together developer contributions from different developments tofacilitate and implement enhancements and make the sites available for SPA mitigation purposesis clearly a constraint and commitment to maintain and manage land in a particular way. Toensure the availability of enhanced mitigation sites effectively in perpetuity requires a long-termcommitment to on-going maintenance and sustainable management.

4.1.9 Reflecting this and that almost all of the identified mitigation open sites are owned orleased to/by the Council, an additional sum set at 35% of the cost of SANGS maintenance isrequired and is included in calculating the payment contribution. The additional (+35%) sumfor the off-site provision of SPA avoidance and mitigation measures on land either owned, orleased to/by the Council will:

fund the cost of administering, co-ordinating and monitoring many contributions towardsthis SPD including ensuring clear linkages between contributing developments and specificmeasures (for example regular monitoring reports to Natural England and the SAMMProject);provide resources to review and update regularly the SPD as circumstances change;ensure contributions are received and SPA avoidance and mitigation measures areimplemented.

4.1.10 Where contributions are due as development progresses, index-linking to relevantinflationary indices will be used to ensure the value of the contribution continues to reflect thecosts of mitigation. It is intended to review the contribution calculation from time to time to takeaccount of changes in circumstances and costs.

Table 6 SANGs Contribution Calculation

FiguresCalculation Elements

Summary of Appendix 3

10,787 dwellingsBracknell Forest Borough overall housing provision 2006-26(1)

plus surplus of 7 dwellings(2)A

-2,765 dwellingsDevelopments not likely to have significant effect (3 large siteswith planning permission, plus others)(3)

B

-3,925 dwellingsSites identified to include bespoke SANGs(4),(5)(3 large sitesallocated for comprehensive development in Core StrategyDPD)(6)

C

4,097 dwellingsDwellings expected to contribute to strategic SANGs (2006 to2026)(A-B-C)(7)

D

(2010/11 costings)Summary of Appendix 7

In perpetuityPeriod over which SPA avoidance and mitigation works andmeasures to be met by contributions from housing developments

F

109.14 haEstimated Area of SANGs Capacity AvailableG


FiguresCalculation Elements

£1,128,000SANGs Enhancement Works - estimatedH

£8,717,000Additional Annual Maintenance in perpetuityI

£550,000Administration and EducationJ

£3,638,000Facilitation (35% contingency to facilitate proposals)K

£14,033,000Overall cost (H+I+J+K)L

£1,029Estimated Strategic SANGs cost per personM

1 bed = £1,5702 beds = £2,0703 beds = £2,8004 beds = £3,1905+ beds = £4,150

Cost per bedroom of strategic SANGsN

1. 10,780 dwellings is the Overall Housing Provision for 2006 – 2026 as set out in Policy CS15 of the Core Strategy DPD(February 2008) minus an additional 359 homes carried forward from the previous plan period which are no longer relevant.

2. As shown in the Site Allocations DPD Preferred Option (November 2010).3. See Appendix 3 for a full explanation of development not likely to have significant effect.4. These developments will not be expected to contribute to strategic SANGs but will provide bespoke SANGs as well as

contributing to the SAMM Project.5. Due to their size, the urban extensions identified in the Site Allocations DPD will be expected to deliver bespoke SANGs.

On adoption of the DPD, the number of dwellings on these sites will be removed from the calculation of total dwellingscontributing to strategic SANGs.

6. Land north of Whitegrove and Quelm Park (2,200 dwellings), land at Amen Corner (725 dwellings) and Bracknell TownCentre (estimated 1000 net dwellings).

7. This includes 614 dwellings providing mitigation in accordance with the original Avoidance and Mitigation Strategy.

4.2 SAMM Contributions

4.2.1 Provision of SANGs will be considerably more effective as an SPA avoidance andmitigation measure if undertaken alongside measures to manage visits to, and use of, the SPA.The Strategic Access Management and Monitoring (SAMM) Project has been set up to providea comprehensive visitor access management and monitoring service for the purpose of mitigatingthe impacts of new residential development on the Thames Basin Heaths SPA.

4.2.2 The JSPB has agreed that the SAMM contribution should be applied on a 'per bedroom'basis. As there are no reliable figures for occupancy rates in Bracknell Forest, no localoccupancy rates have been applied and sub regional averaged figures have been used tocalculate the SAMM contributions. This is based on a programme of access management andmonitoring measures set out in Thames Basin Heaths Strategic Access Management andMonitoring Project: Tariff Guidance, March 2011 and can be found athttp://www.bracknell-forest.gov.uk/spa. The 'example' SAMM tariff is set out in the guidanceas follows. These are the tariffs which Bracknell Forest intend to apply. See Appendix 7.



Table 7 Strategic Access Management and Monitoring (SAMM) Contributions

TariffDwelling Size

£3991 bedroom

£5262 bedrooms

£7113 bedrooms

£8074 bedrooms

£1,0525+ bedrooms

4.2.3 A review of the SAMM Tariff at the sub-regional level is intended to be undertakenwithin 2 years of commencement of the project. BFC intend to review the SAMM tariffs appliedin Bracknell Forest at that time.

4.3 Summary of Avoidance and Mitigation Contributions

Table 8 Summary of SPA Avoidance and Mitigation Strategy

Total Tariff(1)(2)

(per dwelling)




RESIDENTIAL DEVELOPMENT(3)

n/aPresumption against net increase in residentialdevelopment.

Net increase inresidentialdwellings within400m of SPA

£1,969£399£1,5701Net increase inresidential

£2,596£526£2,0702dwellings locatedbetween 400m

£3,511£711£2,8003and 5km of the

£3,997£807£3,1904SPA(developments of

£5,202£1,052£4,1505+usually less than110 dwellings)

Costs ofbespoke SANG

£399Provision of abespoke SANGin accordance

1Large residential

developments(4)

(usually 110+ £5262 + 'per bedroom'SAMMthe Avoidance

£7113dwellings) locatedbetween 400m contributions

(dependent onhousing mix)

and MitigationSPD, with anAppropriate

£8074and 5km of theSPA

£1,0525+ Assessment and


Total Tariff(1)(2)

(per dwelling)




in consultationwith NE and

BFC.

Subject to Habitats Regulations Assessment, in order to establish likelysignificant effect on the SPA. May be required to provide appropriatemitigation - considered on a case by case basis in consultation with NE.

Net increase ofmore than 50residentialdwellings locatedbetween 5 - 7kmof the SPA

NON RESIDENTIAL DEVELOPMENT

Subject to Habitats Regulations Assessment in order to establish likelysignificant effect on the SPA. May be required to provide appropriate

Non-residentialdevelopmentwithin 400m ofSPA

avoidance and mitigation measures. Considered on a case by case

basis in consultation with NE.(5)

Unlikely to require a Habitats Regulations Assessment. Considered ona case by case basis, in consultation with NE, where appropriate.

Non-residentialdevelopmentlocated between400m and 5km ofthe SPA

1. Unless screening under Habitat Regulations 2010 Reg. 61(1), concludes no significant effect on the integrity of the SPA2. Reduced to reflect any in-kind mitigation measures, which will be assessed through Appropriate Assessment on a

case-by-case basis.3. Including new build, redevelopment, mixed use schemes, changes of use, conversions, affordable housing, planning

applications for approval of reserved matters (where no avoidance or mitigation measures have been secured at outlinestage) (including flats, apartments and houses)

4. Comprehensive development (or part thereof) including, but not limited to: sites identified by Policies CS3, CS4 and CS5in the Council’s Core Strategy DPD, urban extensions agreed through the adoption of the Site Allocations DPD and othermajor sites

5. See section 2.3 in this SPD and Table 10 in the Bracknell Forest Council Thames Basin Heaths SPA Technical BackgroundDocument to the Core Strategy DPD (2007) for information on potential impacts on the SPA.

4.4 Timing of Contribution

4.4.1 If appropriate, planning permission will be granted subject to conditions. Where planningobligations are required, these are to be agreed and entered into, prior to the determination ofa planning application. Any payments to be made to the Council are to be secured by planningobligations and paid no later than the commencement of the development. If the developmentis likely to be built in major phases, payment by instalment will be considered.

4.4.2 Where specific measures and/or works (by the developer or, by others who are betterplaced to provide) are needed to avoid and mitigate the impact that occupiers of a developmentwill have on the SPA, these should be undertaken and in place before those occupiers movein. Consequently in some cases, the Council will by planning condition or obligations restrictthe occupation of a development until related avoidance and mitigation measures and/or worksare complete.The Council will need a reasonable period of time in which to spend these monies.


4.5 Monitoring

4.5.1 Monitoring the implementation of the SPD will be included within the Annual MonitoringReport (AMR). An appropriate set of indicators will be incorporated into the AMR to accuratelydetermine the effectiveness of the strategy and avoidance and mitigation measures. This willalso assist in reviewing the strategy if necessary.

4.5.2 Monitoring will also take place as part of the SAMM project.(33) The indicators will cover:

Visitor usage of the SPAVisitor usage of SANGs following on from the baseline data collected in 2006 and 2008.Incidence of fire setting on SPA to monitor educational strategies.Incidence of fly tipping on SPA to monitor educational strategies.Bird populations.

4.5.3 This monitoring is crucial in providing a method of fine-tuning of the avoidance andmitigation measures to increase their effectiveness and maximise benefits. In addition to theOpen Space Management Plans being produced, the whole strategy will be reviewed for itseffectiveness at least every 5 years or sooner if new evidence emerges or monitoring resultsindicate a more urgent review is required. The Council is confident that the measures areeffective and will deliver the level of mitigation needed to offset the predicted impacts of theCore Strategy housing figures; however if for some reason specific measures are not found tobe working, these will be readdressed.

4.5.4 Where contributions are secured and paid under an Agreement with the Council, thereceipt and use of contributions can be tracked and information on spending will, on requestfrom a contributing developer, be made available subject to the Council’s reasonable costsbeing met.

4.5.5 In some cases it may be appropriate for conditions to be imposed when planningapplications are determined to ensure a development makes provision for the implementationof related SPA avoidance and mitigation measures. However in most cases where adevelopment proposes some in-kind SPA avoidance and mitigation measures, or a financialcontribution is involved, the Council will seek to secure provision by planning obligations andwill monitor compliance to ensure that what is promised is delivered. If necessary the Councilwill use legal remedies to enforce obligations.

33 See http://www.bracknell-forest.gov.uk/spa for SAMM Monitoring Strategy.



GlossaryExplanationTerm

Annual report submitted to government on the progress ofpreparing the Local Development Framework and theeffectiveness of policies and proposals.

Annual Monitoring Report

An assessment, required under the Habitats Directive, if a planor project is judged as likely to have a significant effect on aNatura 2000 site.

Appropriate Assessment

The decision maker under the Conservation (Natural Habitats,&c.) Regulations 1994 (see Regulation 6): often the local

Competent Authority

authority, but could be a planning inspector or other bodyresponsible for assessing a plan or project.

Sub-regional guidance on Thames Basin Heaths SPA avoidanceand mitigation methods, produced and endorsed by the ThamesBasin Heaths Joint Strategic Partnership Board.

Delivery Framework

A Local Development Document which forms part of the statutorydevelopment plan, examples include the Core Strategy,Proposals Map and Area Action Plans.

Development PlanDocument

Comprising two types, Development Plan Documents andSupplementary Planning Documents, which together form theLocal Development Framework.

Local DevelopmentDocument

The portfolio of Local Development Documents which sets outthe planning policy framework for the Borough.

Local DevelopmentFramework

An ecological network of sites (SPAs and SACs) establishedunder the Habitats Directive to provide a strong protection forEurope’s wildlife areas.

Natura 2000 sites

Guidance documents which set out national planning policy.PPGs (Planning Policy Guidance Notes) are being reviewedand updated and are gradually being replaced by PPSs.

Planning PolicyStatement

Nature conservation site designated under the Habitats Directivefor its habitat or species interest.

Special Area ofConservation

A nature conservation site designated for its bird interest underthe Birds Directive, but subject to the assessment procedureset out in the Habitats Directive.

Special Protection Area

Overseen by Natural England and Hampshire County Council,implements standard messages and additional wardening andeducation across the Thames Basin Heaths SPA.

Strategic AccessManagement andMonitoring Project


ExplanationTerm

Strategic SANGs are open spaces in Bracknell Forest which,in agreement with NE, have been identified as being suitable

Strategic SANGs

for bringing up to SANGs standard through the application ofdeveloper contributions.

Open space, meeting guidelines on quantity and quality, for thepurpose of providing recreational alternatives to the SPA.

Suitable AlternativeNatural Greenspace

An LDD which does not form part of the statutory developmentplan, but is part of the LDF. SPDs elaborate upon policies andproposals in a DPD.

Supplementary PlanningDocument

Accompanied the Core Strategy to examination and includesthe Appropriate Assessment of the Core Strategy and theoriginal Avoidance and Mitigation Strategy.

Technical BackgroundDocument

Partnership of Thames Basin Heaths-affected Local Authorities,South East England Partnership Board and key stakeholders,

Thames Basin HeathsJoint StrategicPartnership which form and oversee the implementation of sub-regional

guidance, for example the Delivery Framework.


AbbreviationsExplanationAbbreviation

Appropriate AssessmentAA

Annual Monitoring ReportAMR

Berkshire, Buckinghamshire and Oxfordshire Wildlife TrustBBOWT

Bracknell Forest CouncilBFC

Development Plan DocumentDPD

Joint Strategic PartnershipJSP

Limiting the Impact of Development Supplementary PlanningDocument (Bracknell Forest Council)

LID

Natural EnglandNE

Natural Resource Management Policy 6: Thames Basin HeathsSpecial Protection Area. Set out in the South East Plan

NRM6

Open Space of Public ValueOSPV

Planning Policy StatementPPS

Royal Society for the Protection of BirdsRSPB

Sustainability AppraisalSA

Special Area of ConservationSAC

Strategic Access Management and Monitoring ProjectSAMM

Suitable Alternative Natural GreenspacesSANGs

Strategic Environmental AssessmentSEA

South East Plan: The Regional Spatial Strategy for the South EastSEP

Special Protection AreaSPA

Supplementary Planning Document.SPD


ReferencesTitle of Document / StudySource

Core Strategy Development Plan Document (2008)Bracknell Forest Council

Draft Strategic Housing Market Assessment (July 2010)Bracknell Forest Council

Limiting the Impact of Development SupplementaryPlanning Document (SPD) (2007)

Bracknell Forest Council

Site Allocations Development Plan Document (DPD)Preferred Option (November 2010)


Thames Basin Heaths SPA Technical BackgroundDocument to the Core Strategy DPD (June 2007)


Council Directive of 2 April 1979 on the Conservation ofWild Birds (79/409/EEC)

European Commission

Habitats Directive (92/43/EEC)European Commission

The South East Plan – Regional Spatial Strategy for theSouth East (2009)

Government Office South East

Conservation of Habitats and Species Regulations (2010)HMSO

Special Protection Area Accessibility Analysis BracknellForest Council (2006)

Integrated Transport Planning

Open Spaces Study - Park and Open Spaces UsersSurvey (June 2006)

Leisure-net Solutions Ltd

Open Spaces Study - Park and Open Spaces UsersSurvey (September 2008)

Leisure-net Solutions Ltd

Visitor access patterns on the Thames Basin Heaths.English Nature Research Report (2005)

Liley, D., Jackson, D., &Underhill-Day, J.C.

The ‘Quality’ of green space, features that attract peopleto open spaces in the Thames Basin Heaths area. EnglishNature Research Report. (2005)

Liley, D., Mallord, J., Lobley, M.

ODPM Circular 06/2005 Biodiversity and GeologicalConservation – Statutory Obligations and their Impactwithin the Planning System

Office of the Deputy PrimeMinister

Planning Policy Statement 9: Biodiversity and GeologicalConservation

Office of the Deputy PrimeMinister (2005)

Thames Basin Heaths Strategic Access Management andMonitoring (SAMM) Project Tariff Guidance (March 2011)

Natural England


Title of Document / StudySource

SAMM Monitoring Strategy (October 2008)Natural England

SANGs Quality GuidanceNatural England

Thames Basin Heaths Special Protection Area DeliveryFramework (2009)

Thames Basin Heaths JointStrategic Partnership Board


Copies of this booklet may be obtained in large print, Braille, on

audio cassette or in other languages. To obtain a copy in an

alternative format please telephone 01344 352000

Development Plan Team

Planning and Transport Policy

Environment, Culture and Communities


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Market Street

Bracknell

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