11/00713/F - Borough Council of King's Lynn & West Norfolk

Conservation (Natural Habitats &c) Regulations 1994, as amended (the ‘Habitats
Regulations’) which provide for the legal protection of European sites. The wintering
population of pink footed geese is an interest feature of these sites, and this species; Pink
Footed Geese, is known to forage on surrounding arable farmland. Therefore, the location of
the proposal in relation to these European sites and the results of the Collision Risk Model
mean that the application must be determined in accordance with the requirements of the
Habitats Regulations.
Natural England (NE) has considered the potential effects of the proposal specifically in
terms of breeding and over-wintering birds - Stone Curlew, Montagus Harrier, Marsh Harrier
and Pink Footed Geese.
The mitigation proposed by RES is detailed within a draft unilateral undertaking. The
mitigation includes the provision of a refuge area (agricultural land that is, or has reasonable
potential to be frequently used by pink-footed geese). The fields within the refuge shall
satisfy the following criteria:
� Be within the Qualifying Area;
� Be Sugar beet fields that will be harvested within the Goose Wintering Season;
� Each be of at least ten hectares in size, and one area of land (whether comprised of
one or more parcels of land) should be a minimum of twenty hectares in size; and
� Not be located adjacent to main A roads.
The developer shall evidence to the Monitoring Group that the refuge has been managed as
above for a period of 30 days.
Notwithstanding the above the refuge may consist of an area(s) totalling more than 72
hectares over a shorter period than 30 days; the number of hectares managed multiplies by
the number of days the area(s) is managed is at least 2160. If the figure is less than 2160
the Monitoring Group shall be entitled to withdraw the mitigation proportion sum (formula
provided) from the mitigation fund (£110,000). The developer has 60 days in which to pay
money back into the mitigation fund to return the balance to the original level.
If the developer is unable to provide the refuge because the proprietor(s) of the area(s) of
land within the qualifying area are unwilling to enter into an agreement with the developer,
the developer shall supply evidence to the Monitoring Group of its offer(s) of appropriate
financial compensation (£8.24 for each day that a hectare is to be managed RPI index
linked; formula given) to all relevant registered proprietor(s) of the land identified by the
developer.
Prior to the commencement of development the developer shall submit the proposed refuge
management scheme for the refuge for the Council’s approval; copies to also be provided to
the RSPB and NE. This would need to be approved by the Council, if no response is
received within 6 weeks the refuge management scheme shall be deemed to be approved.
Each December the developer shall invite the Council, RSPB, NE and NWT to inspect the
refuge and invite comments on the establishment of the refuge and implementation of the
refuge management scheme. If the Council do not inspect the refuge within 10 days of the
receipt of any request the developer will have no further obligation to request inspection and
it shall be deemed satisfactory.
If however the Council chooses to inspect the refuge at any time and requests the developer
undertake any actions reasonably required to comply with the refuge management scheme
then the developer shall comply with the Council’s request as soon as reasonably
practicable.
10/01419/FM Development Control Board
25 July 2011
57