Agenda item

RESOLVED that the:-

(1)          South Hams Special Area of Conservation Habitats Regulations Assessment Guidance be approved with any other minor amendments of detail being delegated to the Business Manager Strategic Place in consultation with the Planning Portfolio Holder; and

(2)          Consultation Summary outlining comments to the consultation process be noted.

The Portfolio Holder for Planning (Councillor Taylor) declared an interest as a Member of the Campaign to Protect Rural England (CPRE). He did not take part in the discussion or vote.

Prior notification - Member questions and responses attached to minutes.

The Portfolio Holder for Planning presented the report to consider the South Hams Special Area of Conservation (SAC) Habitats Regulations Assessment Guidance. This was important guidance to protect the greater horseshoe bats, one of Britain’s rarest bats of which about 30% of the population was found in South Devon.

The Senior Planning Officer advised that the South Hams SAC guidance had been prepared jointly by the five authorities in partnership with Natural England and once approved would become planning guidance supporting the Councils planning policies E9 and E10.

Non-Executive Members raised concerns regarding the lack of advice notes; Abbotskerswell Parish Council and Wolborough Residents’ Association were not satisfied that the advice notes were not included with this guidance; the Landscape Connectivity Zone was inadequately protected; and only Sites of Special Scientific Interest (SSSI) criteria being considered as important was not acceptable.

The Principal Policy Planner clarified that the guidance was a standalone document and would support the submission of a Habitats Regulation Assessment (HRA) to ensure that there was connectivity across the wider landscape.

The Senior Planning Officer stated that the steering group would be discussing the advice notes at its next meeting and that events were on-going across the area to raise awareness of the guidance. Abbotskerswell Parish Council & Wolborough Residents’ Association would be advised on the advice notes progress.

The County Ecologist (Devon County Council) clarified that advice notes were not required and the guidance was a standalone document. Development that would impact on the undesignated roosts in the Landscape Connectivity Zone would require a HRA. The connectivity zone was a new area, much wider than the existing narrowly defined “strategic flyways” which would improve the council’s ability to ensure that major developments protected the bat’s habitats.

The Senior Planning Officer advised that he had received concerns from developers re the tightening of the regulations. In response to comments from Abbotskerswell Parish Council & Wolborough Residents’ Association the following amendments to the guidance had been agreed by Executive:-

In Section 1 Introduction, para 1.2.6, amend wording to:

‘Links to, or summaries of, best practice information on technical issues such as lighting will be added to the DCC website where the Steering Group agree that this will be helpful. Note however that this HRA guidance is a stand-alone resource which is not reliant on this information’

In Section 3 Flow chart, para 3.1.2, Note b, amend wording to:

‘It may be possible for the LPA to screen out likely significant effects relatively quickly where it is considered that, due to factors such as location, site characteristics, size/type of the application, the proposal will not have a likely significant effect on the SAC greater horseshoe bat population.’

The Portfolio Holder for Communities & IT proposed the recommendation, this was seconded by the Leader.

RESOLVED that the:-

(1)          South Hams Special Area of Conservation Habitats Regulations Assessment Guidance be approved with any other minor amendments of detail being delegated to the Business Manager Strategic Place in consultation with the Planning Portfolio Holder; and

(2)          Consultation Summary outlining comments to the consultation process be noted.