Agenda item

(Safer, Greener & Highways Portfolio Holder) To consider the attached report (C-041-2011/12).

(1)        That a Service Level Agreement be entered into with the Essex Wildlife Trust (EWT) to support the development and setting up of a Biological Records Centre in Essex, including the receipt of habitat and species data for use in local authority decision making; and

(2)        That The New Burdens (Habitats Regulations Assessment and Climate Change Planning Policy Statement) Grant Determination be ring-fenced for Countrycare to fund the following:

(a)        £24,000 be used to support the Biological Records in Essex (BRIE) programme for the Council; and

(b)        the remaining £26,505 be used for other protected species and habitat related consultation, advice or support in respect of BRIE or other planning application issues.

The Safer, Greener & Highways Portfolio Holder introduced a report regarding the Biological Records in Essex (BRIE) service level agreement and funding.

The Portfolio Holder reported that Natural England was committed to the establishment of a national network of Local Records Centres (LRCs) in each county. Essex was the only county without a fully functioning centre, and had the poorest availability of information on Biodiversity Action Plan (BAP) habitats and species, in the Eastern region. The main purposes of these centres were:

(a)        to research, collate, validate and disseminate information and advice on biodiversity; and

(b)        to help local authorities with their statutory obligations with regard to conserving biodiversity.

The Portfolio Holder stated that when determining planning applications in accordance with the Local Plan and the presumption in favour of sustainable development, local authorities should aim to conserve and enhance biodiversity through avoidance, mitigation and compensation. Policy NC4 of the Local Plan stated that: “Development proposals will be expected to make adequate provision for the protection, enhancement and suitable management of established habitats of local significance for wildlife.  Such provision may be more stringent when there are known protected species either on the site or likely to be affected by the development”.  BRIE would provide specialist advice or information on priority species to help the Council meet these obligations.

The Portfolio Holder confirmed that the proposed name for the Records Centre for this county would be Biological Records in Essex (BRIE). The organisations involved in its establishment included: Essex County Council; the Essex Field Club; the Environment Agency; Natural England; Museums in Essex; and Essex Wildlife Trust. Once established, it was intended for the BRIE to be run as an independent, not-for-profit company, initially funded and supported by the key project partners. All District and Borough Councils, and Unitary Authorities in Essex were being requested to contribute to the development and establishment costs, after which it was envisaged that BRIE would become self-supporting using an appropriate charging regime.

The Cabinet welcomed the proposals as the Records Centre would provide useful information that could be used as part of the evidence base for the Local Plan. The Portfolio Holder added that the Council’s contribution of £24,000 would be met from the New Burdens Grant Determination, with the remaining £26,505 of the Grant being utilised for other protected species or habitat related matters.

Decision:

(1)        That a Service Level Agreement be entered into with the Essex Wildlife Trust (EWT) to support the development and setting up of a Biological Records Centre in Essex, including the receipt of habitat and species data for use in local authority decision making; and

(2)        That The New Burdens (Habitats Regulations Assessment and Climate Change Planning Policy Statement) Grant Determination be ring-fenced for Countrycare to fund the following:

(a)        £24,000 be used to support the Biological Records in Essex (BRIE) programme for the Council; and

(b)                    the remaining £26,505 be used for other protected species and habitat related consultation, advice or support in respect of BRIE or other planning application issues.

Reasons for Decision:

There were many organisations and individuals across the county that collected, held and managed biological data. The aim of establishing a Local Records Centre (LRC) was to bring all these records together so that they could be checked and verified and made available more easily and efficiently to those requiring the information. This particularly included planning authorities in dealing with applications for development or other land use changes.

Other Options Considered and Rejected:

To have no data available, which would be a low cost option. However this could prove expensive if a decision was challenged - particularly if the information was available but had not been used.

For the Council to collect its own data, expensive if done on a case by case basis, cost effective if the onus was on consultants to provide data along with planning applications. However, this could be costly in terms of time spent on an application, especially if it was referred back to the developer for surveys once an application had already been submitted.

To use existing data from other sources.There were many data providers in Essex, and it was possible to go to these rather than a records centre for information. However this would be time consuming and potentially costly as each data provider could charge separately.