Rother District Council Agenda Item: 8.3
Report to - Cabinet
Date - 6 December 2010
Report of the - Director of Services
Subject - Dungeness, Romney Marsh & Rye Bay – Review of International Nature Conservation designations
Recommendation: It be RESOLVED that the proposed responses to the Natural England Consultation for:
(i) the Scientific Case; and
(ii) the Impact assessment
as contained in Appendices 6 and 7 respectively be approved and submitted to Natural England.
Head of Service: Tim Hickling
Lead Cabinet Members: Councillors Patten and Osborne
Introduction
1. This report sets out the issues to consider in relation to proposals to extend international nature conservation designations in the east of the district. The report is necessarily detailed in view of the range of issues raised.
2. In summary, the conclusions at paragraphs 53-60 question the inclusion of two areas in particular (Camber Sands/Broomhill Sands and River Rother south of Rye) as part of the designation. Full proposed responses to the consultation are detailed at Appendices 6 and 7.
Process
3. Natural England (NE) has requested the Council’s views regarding:-
(i) the extension (and some minor deletions) of the existing Dungeness to Pett Level Special Protection Area (SPA) under the EU Council Directive 2009/147/EC on the Conservation of Wild Birds, as illustrated on Map 1.
(ii) the designation of part of the Romney Marsh and Rye Bay Site of Special Scientific Interest as a Ramsar site under the Convention on Wetlands of International Importance, as illustrated on Map 2.
4. The identified areas contain species and habitats which are internationally important. More details on the purpose of these designations are in Appendix 1, but essentially Ramsars exist to ensure the protection of wetlands, whilst SPAs are concerned with habitats for threatened birds.
5. In its consultation, NE has requested comments relating specifically to:-
· the scientific case for the proposals; and
· NE’s ‘Impact Assessment’ of the proposals’ likely social, economic and environmental impacts.
6. NE’s consultation runs between the 16th September and 13th December 2010. On closure of the consultation, NE will report the views gathered to the Government, as represented by Department for the Environment Food and Rural Affairs (DEFRA), and will make final recommendations on the proposals. Government is expected to issue a decision on the designations during spring 2011 before submitting to the EU. The consequence of approval by Government is that the habitats and species present in these areas will receive greater protection.
Statutory Context
7. The Council needs to make its response in the context of:-
o the Council’s duty to conserve biodiversity under section 40 of the Natural Environment and Rural Communities Act 2006 which states “Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.” Section 40(3) also states that 'conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat'.
o schedule 9 of the Countryside and Rights of Way (CRoW) Act 2000 which places a duty on public bodies to further the conservation and enhancement of SSSIs.
o the legal requirements relating to the management and protection of SPAs as set out in The Conservation of Habitats and Species Regulations 2010, and Planning Policy Statement 9: “Biodiversity and Geological Conservation”.
Local Designations and Natural England’s Proposals for change
8. The proposed SPA and Ramsar sites are already within the Dungeness, Romney Marsh and Rye Bay, and the Hastings to Pett Beach Sites of Special Scientific Interest (SSSIs) which cover 9,090ha and 293ha of land in Kent and East Sussex respectively. The current SSSIs already contain land designations of international importance, the existing SPA (the Dungeness to Pett Level SPA) and a Special Area of Conservation (SAC).
9. Natural England has recommended to DEFRA that:
The existing SPA (almost 1,500 ha designated in 1999) be extended to cover a much larger area (over 4,000 ha) of the SSSI; (but not the entire SSSI)
An area be designated for listing under the Ramsar Convention which would cover 6,416ha of the SSSI
Eight new bird species and an assemblage of over 20,000 water birds are added to the qualifying interests
10. The designations cover two local authorities, Rother District Council (RDC) and Shepway District Council (which contains the greater part of the site). If confirmed, the proposals would lead to the creation of one of the biggest SPA and Ramsar sites in the UK. Maps 1 and 2 show the designations as they affect Rother.
11. Appendix 2 is NE’s citation for the SPA. This sets out the evidence supporting the designation and explains that the SPA has been selected because of the presence of large numbers of certain species of birds (including the Bittern, Little Tern and Aquatic Warbler). The evidence for the presence of these birds is based on counts undertaken by organisations such as the RSPB and the Dungeness Bird Observatory.
12. Within Rother District the extension to the SPA would include land currently designated SSSI at;
· Broomhill Sands (beach at Central and East Camber and Jurys Gap).
· River Rother Navigable Stretch (including river and banks, Rye Harbour).
· Land between Rye and Camber and north of Camber Road (between Point Farm and Black House Farm).
· The Royal Military Canal south of Winchelsea and adjacent areas.
· The beach from Winchelsea Beach up to and including Pett Level.
13. Appendix 3 is NE’s citation for the Ramsar site. In addition to supporting internationally important populations of birds, the site also qualifies for the presence of wetland type habitats and the presence of vulnerable, endangered, or critically endangered flora and fauna.
Within Rother District the new Ramsar would comprise the areas listed below, in addition to the areas listed as part of the proposed SPA above.
Areas currently designated SPA and SSSI;
· Pett Level
· Land south of Rye including Rye Harbour Nature Reserve and Camber Castle
· West end of Camber Sands (adjacent and east of mouth of River Rother)
· Shoreline west of mouth of River Rother
· Northpoint Beach
Areas currently designated SSSI only;
· Large tracts of land at Kent Border, both north of Camber and in vicinity of East Guldeford
· Smaller areas in the vicinity of Winchelsea Beach, and to a lesser extent, Pett Level.
Local Policy Context
Local Plan
14. The adopted Local Plan 2006 contains a number of relevant policies, notably DS1 (vii), GD1 (vii), RY1 (iii), (iv) and (v), RY7. Collectively, these seek to protect ecological habitats, whilst maintaining the viability of Rye Port and promoting employment along Rye Harbour Road.
Local Development Framework
15. The Local Development Framework has not yet been adopted and will be subject to further Council consideration. Nonetheless it provides a useful indication of the future direction of planning policy. Particularly relevant sections of the emerging Core Strategy (Consultation on Strategy Directions) are set out in Appendix 4. It is notable that the preferred strategy for Rye seeks 10,000-20,000sq.m. of employment floorspace (primarily in the Rye Harbour Road employment area); and also to provide additional port activities adjacent to the existing Rastrum site in Rye Harbour Road employment area. It also seeks to improve flood defences and retain the integrity of the Dungeness SAC and Dungeness to Pett Level SPA and candidate Ramsar site. The preferred strategy for the Economy lends support for green tourism and aims to enhance Camber as a tourism destination.
16. The preferred strategy for biodiversity and greenspace requires developers to integrate biodiversity into development by protecting and enhancing existing habitats, including mitigation for losses. It also states the intention to identify (with partners) ‘Strategic Area for Biodiversity Improvement’ in the coastal areas of the Romney Marshes, by developing the ‘Romney Marsh Living Landscapes Project’. The relevant area comprises a large area of the east of the District, including Rye, Camber and Winchelsea.
Consequences of Designation
The Implications over and Above Existing SSSI designations
17. SSSIs are already taken into account by local planning authorities, other public bodies, landowners and occupiers. Where a SSSI also has a EU/International designation in place, competent authorities must consider both national and international site designations because the European legislative requirements are slightly more onerous to those applied to SSSIs. The proposed designations result in an additional area in which proposed plans and/or projects would need assessment under the Habitats Regulations. This is likely to create additional assessment work, for these organisations as the Habitats Regulations, would apply to a larger area.
Biodiversity Impacts
18. Dungeness, Romney Marsh and Rye Bay SSSI is a unique area, supporting plants and animals, many of which are now uncommon in the wider countryside. Protecting this area’s biodiversity is an investment that benefits both present and future generations within the UK and within a European and International context.
Another positive impact is that potentially more individuals may visit the area to view the wildlife and there may potentially be a strengthened case when bidding for external funding to support the costs of managing such sites. These matters are discussed further in paragraphs 37 to 41.
The Consequences for the Council as Local Planning Authority
Appropriate Assessment
19. Should NE’s proposals be confirmed, the main impacts on the Council as local planning authority are expected to arise from the Conservation of Habitats and Species Regulations 2010. The Regulations require that projects and plans likely to have a significant effect on, and which are not directly connected with or necessary to the management of “European” sites for their wildlife value, are accompanied by an ‘appropriate assessment’ of the implications for that site in view of the site’s conservation objectives. This requirement applies to projects and plans both within and outside of such sites where a significant impact is expected. In the planning context this requirement applies to both planning applications and the development of planning policy including the Local Development Framework (covered in more detail in paragraph 23). The requirement also applies to projects and plans outside of the planning system.
Landowners / Developers
20. Provisions 68-72 of the Habitats Regulations set out procedures for planning applications. Appendix 5 sets out the process. Only development consistent with the designation will be permissible unless there is an overriding national interest. As a requirement of the Habitats Regulations, certain cases may result in additional surveys, mitigation and compensation costs for proposers of these plans/projects, e.g. developers.
Development Control
21. The application of the Habitats Regulations to future plans and/or projects on a European/Internationally designated site will result in additional management (administration costs) enforcement costs for competent authorities. Planning applications will require additional scrutiny and appropriate assessment under provisions 68-72 of the Regulations. NE is a statutory consultee but due to the limitations of NE’s own resources, there may be an increasing burden on RDC to assess the implications. Without an in-house ecologist there will be an increasing need to obtain specialist ecological advice if the Council is to be robust to challenge and appeal.
22. An additional implication for the Council as local planning authority is that following a site’s confirmation as a European site, under regulation 63 of the Regulations, competent authorities are required to carry out a review of existing consents that may affect the site, and either affirm, modify or revoke the consent. This also extends, as a matter of policy to Ramsar sites. Where it is concluded that there would be an adverse effect on the integrity of the site, modification or revocation of the consent has to be considered and this may have financial implications to the Council in the form of compensation payable to the applicant. However, in cases where the modification or revocation is warranted, the Government will consider reimbursing local authorities where the costs are high, where the action taken was no more than necessary to remove the risk to the site and less costly alternatives have been fully explored.
Local Development Framework
23. Further Appropriate Assessment (AA) work required in support of the LDF Core Strategy is likely to be necessary to determine any significant impacts on European designated conservation sites, either alone or in combination with other projects and plans. This is likely to have additional implications that were not considered at Consultation on Strategy Directions stage (2008) for the ‘Rye Strategy’ and ‘Rural Areas’ sections of the Core Strategy in particular. These are discussed further in the section on Local Business and Employment.
The Consequences for the Council as Land Owner / Land Manager
24. The Habitats Regulations provision 16 explain how designation may result in management agreements to restrict use.
25. RDC Amenities have commented “Should the Councils operation be restricted in any additional way it would have a negative impact on the number of visitors to the beach and therefore adversely affect the Councils income from its car parks. Camber is the home for many water based extreme sports which if not managed professionally would spread across the whole beach area. It is important that the current zoning arrangements are not adversely affected”, and “The Camber beach caters for a vast number of day trip and short stay visitors who all have a right and reasonable expectation to a safe area of use, and as land owner / managing authority this Council has a duty of care to ensure the safety of those visitors. This requires extensive beach cleaning during the whole spring to autumn season with special emphasis placed on the bank holidays and 6 week summer season. This need for this mixed regime of scavenging and machine raking of the beach is essential during the whole spring to autumn season if the beach is to remain open. Although Winchelsea Beach and Pett Level beaches do not attract visitors at the same level as Camber, there are still significant numbers both in and out of the holiday season. Out of season cleaning activities of these beaches is of a nominal order, but daily scavenging is carried out in season to ensure the beaches are presented in a clean and safe condition. Again, this is seen as essential work to ensure the beach areas remain attractive and viable.”