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15/2466/FUL | Extension of existing holiday park for use of land by touring caravans and tents, including construction of gravel roads and hardstanding (retrospective application) | Castle Brake Holiday Park Woodbury Exeter EX5 1HA
  • Total Consulted: 18
  • Consultees Responded: 0
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Environmental Health

Consultation Date: Fri 04 Mar 2016

Woodbury And Lympstone - Cllr Ben Ingham

Consultation Date: Tue 03 May 2016

Clerk To Woodbury Parish Council

Consultation Date: Tue 03 May 2016

Devon County Highway Authority

Consultation Date: Tue 03 May 2016

Consultation Date: Tue 03 May 2016

Woodbury & Lympstone - Cllr R Longhurst

Consultation Date: Tue 03 May 2016

Consultation Date: Fri 04 Mar 2016

Clerk To Woodbury Parish Council

Consultation Date: Fri 04 Mar 2016

Environmental Health

Comment Date: Thu 26 May 2016

I have considered the application and do not anticipate any environmental health implications relevant to planning. The site is licensed and any concerns would be addressed under this specific legislation.

Natural England

Comment Date: Tue 17 May 2016

Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (AS AMENDED)
WILDLIFE AND COUNTRYSIDE ACT 1981 (AS AMENDED)

European wildlife sites
OBJECTION - Further information required: No Habitats Regulations Assessment
The application site is in close proximity to three European Wildlife Sites (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect their ecological interest. European wildlife sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the 'Habitats Regulations'). The application site is within 200m of the East Devon Pebblebed Heaths Special Area of Conservation (SAC) and East Devon Heaths Special Protection Area (SPA), and within 5km of the Exe Estuary Special Protection Area (SPA) and Ramsar site1, which are European wildlife sites. The sites are also notified at the national level as Sites of Special Scientific Interest (SSSIs).

The Conservation objectives for each European site explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have.

The consultation documents provided by your authority do not include any information to demonstrate that the requirements of Regulations 61 and 62 of the Habitats Regulations have been considered, i.e. your authority has not recorded your assessment and conclusions with regard to the various steps within a Habitats Regulations Assessment.

It is Natural England's advice that, as the proposal is not necessary for European site management; your authority should determine whether the proposal is likely to have a significant effect on any European site. If your authority is not able to rule out the likelihood of significant effects, there are uncertainties, or information to clarify areas of concern cannot be easily requested by your authority
to form part of the formal proposal, you should undertake an Appropriate Assessment, in accordance with Regulation 61 of the Habitats Regulations, including consultation with Natural England. Natural England would be happy to assist further as your HRA is undertaken. (Natural England is a statutory consultee at the appropriate assessment stage.)

On the basis of the information provided, Natural England is able to advise the following to assist you with your Habitats Regulations Assessment. Decisions at each step in the Habitats Regulations Assessment process should be recorded and justified:

East Devon Pebblebed Heaths SAC/ East Devon Heaths SPA
Natural England advises that the likelihood of significant effects on these sites cannot be ruled out.
Your Local Plan policy does not permit development within 400m of the Pebblebeds SAC/SPA because the impacts of residential development in such close proximity of the SAC/SPA cannot be effectively mitigated. Therefore Natural England advises that this application should be refused.

The quote from 18.45 of your local plan cites only cat predation as a justification for a 400m exclusion zone but Section 8 of the HRA and 7.2 of the "South East Devon European Site Mitigation Strategy" provide additional justification (my underlining):
" The choice of 400m for the heathland sites discussed above has been a pragmatic one,
recognising that urban impacts relate to a combination of factors that are impossible to mitigate for at very close proximity, which include cat predation, increased fire incidence and increased recreational pressure (leading to disturbance, trampling, dog fouling etc). Options for mitigation within 400m are limited as it is impossible to divert or limit the impacts, for example by providing
alternative access sites, etc."

Exe Estuary SPA
There is no indication in the planning application documents that the applicant is aware of the Joint
Interim Approach to the avoidance and mitigation of recreational impacts on the Exe Estuary and Dawlish Warren, adopted by your Authority in order to mitigate for the impacts of additional residential development within 10km of the Exe Estuary SPA/Ramsar site. This would require a "Habitat Mitigation Contribution" of 350 per dwelling. If this mitigation contribution was secured,
and EDDC undertook to put in place the necessary mitigation, Natural England would concur with a HRA conclusion of no 'Likely Significant Effect' on the Exe Estuary European site.

In the case of the European sites referred to above, your authority cannot grant permission for this proposal in the absence of a Habitat Regulations Assessment which concludes either i) no likely significant effect due to mitigation included by the applicant or, ii) no adverse effect on integrity following an Appropriate Assessment. Please note: Natural England is a statutory consultee at
the Appropriate Assessment stage of the Habitats Regulations Assessment process.

SSSIs
Natural England advises that there will be no additional impacts on the features of interest of these SSSI sites resulting from the proposed development beyond those already identified with regard to the European sites above.
Protected Landscapes - Further information required
Advise consultation with East Devon AONB partnership
Natural England has assessed this application. The application lies within the East Devon Area of
Outstanding Natural Beauty (AONB). As there is no landscape and visual assessment information provided with the application, Natural England is unable to advise on the potential significance of impacts on East Devon AONB. We therefore advise you to seek the advice of the East Devon
AONB Partnership. Their knowledge of the location and wider landscape setting of the development further informed by landscape and visual assessment information, should help to confirm whether or not it would impact significantly on the purposes of the AONB designation. They will also be able advise on whether the development accords with the aims and policies set out in the AONB management plan.

Protected Species
We have not assessed this application and associated documents for impacts on protected species. Natural England has published Standing Advice on protected species. The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence is needed (which is the developer's responsibility) or may be granted.

If you have any specific questions on aspects that are not covered by our Standing Advice for European Protected Species or have difficulty in applying it to this application please contact us with details at consultations@naturalengland.org.uk.
We would be happy to comment further should the need arise but if in the meantime you have any queries please do not hesitate to contact us.

For any queries relating to the specific advice in this letter only please contact Moira Manners on 0208 026 7504. For any new consultations, or to provide further information on this consultation please send your correspondences to consultations@naturalengland.org.uk.


Moira Manners
Lead Advisor
Sustainable Development - Devon, Cornwall and Isles of Scilly

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