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Surrey
Heath Borough Council Surrey Police Woking Area
Primary Care Trust Surrey County
Council |
NEWS
RELEASE |
Special Protection
Area Acts As Constraint to Housing Development
Following advice from English Nature, Surrey Heath Borough Council has
started to look more closely at the effect on the environment of new housing
in the Borough. The application of European and UK Law to this advice
gives the prospect of many schemes for new housing being refused.
In March 2005, the Government recognised the international importance
of heathland as a habitat for endangered bird species; most of the heathland
in the Borough of Surrey Heath has now been designated a Special Protection
Area (SPA) under the EC Birds Directive.
The heathland in the Borough supports significant populations of the Dartford Warbler, the nightjar and the woodlark. The Thames Basin SPA covers most of the heathland areas in the Borough such as Bagshot Heath, Old Dean Common, West End Common, and Chobham Common. It also extends to most of the heathland areas in 10 other districts in west Surrey, north east Hampshire, and south Berkshire.
English Nature is the Government agency that champions the conservation of wildlife and geology throughout England, and is advising that new housing within 5 kilometres of the SPA may harm the rare bird populations, unless measures are taken to prevent such harm. This harm can be caused by disturbance to the birds from a growth in the number of walkers, cats and dogs frequenting the heathland, created by additional housing.
English Nature has stated in its response to planning applications for housing schemes at a distance of 400m to 5km from the SPA, that disturbance can only be prevented if alternative open space is provided by the development, which will attract walkers away from the SPA. Furthermore, English Nature is also stating that housing schemes within 400m of the SPA are unlikely to be able to prevent harm to the SPA, as they will result in an increase in the cat population which will threaten the rare bird populations.
A key issue is whether enough new open space can be provided in other parts of the Borough. The Council must now make decisions on new planning applications, as to whether the new housing will create demand for more recreational use on the heathland. This will help the Council decide whether to allow more house building in the Borough. In determining planning applications, a key consideration for the Borough Council is that European law, which governs the protection of SPA’s, states that developments must be resisted unless it is certain that there will be no harm to the SPA. As these measures to provide new open space are currently difficult to achieve, the Borough Council is taking the view that planning applications are likely to be refused unless a convincing case is presented to prove that the proposed housing will not cause harm to the SPA. This approach is now likely to be taken for all planning applications comprising an increase of one dwelling or more, and will apply to the whole Borough.
If new housing at a distance of 400m-5km from the SPA can provide adequate levels of new open space then it is likely to be permitted, if not then the housing is likely to be refused. New housing within 400m of the SPA is likely to be considered for refusal irrespective of whether new open space can be found. An application to replace one house with another house is not likely to be affected.
Surrey Heath is working with English Nature and other Councils affected by the SPA to agree a plan which will allow housing to be permitted whilst protecting the endangered species. Until this plan is agreed, it is likely that most housing schemes will continue to be resisted. Unless a way forward is agreed, then the Borough’s housing targets set out in the Surrey Structure Plan 2004, and in the South East Plan currently under preparation, are likely to be prejudiced.
The Council’s Executive, at the meeting on Tuesday 29th November 2005, resolved to explore potential solutions to address the issues raised by the SPA with similarly affected authorities.
Cllr. Pat Pearce, Surrey Heath’s Portfolio Holder for Economy and the Environment, said, “The Special Protection Area is an internationally important designation for the protection of endangered species. At present, the Council has no option but to consider resisting new housing proposals unless it is proven that there will be no harm to the rare birds. Although it is recognised that house building in the Borough may be constrained until this issue is resolved, the Council has a duty to apply European and UK law to development proposals.”
For further information on
the Special Protection Areas visit the Joint Nature Conservation Committee
website www.jncc.gov.uk – Look under ‘Protected Sites’
and then ’Special Protection Areas’. Alternatively please
contact John Dawson, Principal Planning Officer, on 01276 707211 or john.dawson@surreyheath.gov.uk
Editors Note:
The 13 component Sites of Special Scientific Interest (SSSI)
comprising the Thames Basin Heaths SPA cover an area of 8,283.43 hectares
of Berkshire, Hampshire and Surrey, from Hazeley Heath in the west, Ockham
and Wisley Commons in the east, Chobham Common in the north, to Bricksbury
Hill near Ewshot in the south.
The boundary of the
SPA includes all or parts of the following Sites of Special Scientific
Interest (SSSIs): Ash to Brookwood Heaths SSSI; Bourley & Long Valley
SSSI; Bramshill SSSI; Broadmoor to Bagshot Woods and Heaths SSSI; Castle
Bottom to Yateley and Hawley Commons SSSI; Chobham Common SSSI; Colony
Bog and Bagshot Heaths SSSI; Eelmoor Marsh SSSI; Hazeley Heath SSSI; Horsell
Common SSSI; Ockham & Wisley Commons SSSI; Sandhurst to Owlsmoor Bogs
and Heaths SSSI; and Whitmoor Common SSSI.
Attached map of SPA’s in Surrey Heath attached.
For further information or photographs contact:
Amanda Gow, Press & Communications Officer 01276 707312
Jenni Wheller, Communications Assistant 01276 707415
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