Infrastructure Delivery Plan (Feb 2013) - Runnymede Borough Council

predominantly lowland heath land and woodland. TBH SPA is designated because of
the presence of breeding populations of three bird species: Dartford Warblers,
Woodlarks and Nightjars. These birds nest on or near the ground and as a result they
are very susceptible to predation of adults, chicks and eggs (particularly by cats, rats
and crows) and to disturbance from informal recreational use, especially walking and
dog walking.
10.20 Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and wild fauna and flora (“the Habitats Directive”) requires Member States to
take appropriate steps to avoid, in Special Areas of Conservation, the deterioration of
natural habitats and the habitats of species and disturbance of species for which sites
have been designated, in respect of consideration of new plans or projects. This article
is considered by the Commission as being one of the most important of the 24 articles
of the Habitats Directive. It states that it: “…determines the relationship between
conservation and land use” (European Commission, 2000).
10.21 Nationally, TBHSPA is protected in law by virtue of the Conservation of Habitats and
Species Regulations 2010 (“the Habitats Regulations”). These regulations place a
positive statutory duty on all Competent Authorities (“CA”) 34 not to agree to or issue a
consent, permission or other authorisation for a plan or project not directly connected
with or necessary to the management of a European site, where the CA is unable to
conclude that its issue will not adversely effect the integrity of that European site 35 by
way of a Habitats Regulations Assessment (HRA). Neither Directive nor Regulations
differentiate between the levels of protection afforded to any of the European sites
within the UK once duly identified. It is commonly accepted that Regulation 102, 103
and 105 capture the duty set by Article 6(3) and (4), but not the general regime of
protection as set by Article 6 (2).
10.22 The Habitat Regulations establish a set of 'step-wise' procedures for decision-making
by "competent authorities" (the Borough Council being one), which are relevant to the
determination of applications for planning permission. The requirements of the Habitats
Regulations overlay the normal planning consent process and override it to the extent
they are applicable.
10.23 The impacts of increasing recreational disturbance as a result of new residents or an
increasingly mobile ageing population with more leisure time have been key concerns
of Natural England for some time. Natural England’s particular concern, which is
relevant to the Local Plan, is the likely significant effect that recreational disturbance
can have on the TBHSPA. Since May 2006 Natural England have sought to encourage
the local authorities surrounding such areas to adopt an approach as set out in the
Draft Delivery Plan (DDP) when dealing with new residential development within 5
kilometres of TBHSPA.
10.24 Natural England’s premise is that increased recreational pressure, particularly dog
walking, has a detrimental impact on ground nesting bird populations. It contended
during 7 days of technical meetings in support of the South East Plan EIP 36 that further
residential developments within 5 kilometres of the edge of TBH SPA would exacerbate
such pressures either in their own right or in combination. A Draft Delivery Plan once
adopted by Local Authorities removed Natural England’s holding objection to relevant
34 CA's are defined within Regulation 6 of the Regulations and include virtually any authority with the power to issue or give
consent, permission or other authorisation. CA's include Local Planning Authorities [LPA's], Statutory Bodies, such as English
Nature, and the Environment Agency, Regional Planning Bodies such as SEERA, the Planning Inspectorate [PINS] and the UK
Government and others.
35 See Regulation. 9 of the Habitats Regulations
36 These meeting took place between 21 November 2006 and 2 February 2007 under Inspector Peter Burley appointed as
Assessor for the South East Plan considering implications of the Thames Basin Heaths SPA for future housing development in
the London Fringe and Western Corridor and Blackwater Valley sub-regions.
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Runnymede IDP DRAFT – February 2013