Agenda item

To consider the attached report (C-043-2018/19).

(1)          That the Cabinet adopt the Approach to Managing the Effects of Air Quality on the Epping Forest Special Area of Conservation, to include the indicative costs for the monitoring of Air Quality within the Epping Forest Special Area of Conservation to be delegated to the Portfolio Holder for Planning.

(2)          That upon adoption the Approach to Managing the Effects of Air Quality on the Epping Forest Special Area of Conservation be adopted as a material consideration in the determination of planning applications and permitted development right proposals within the Epping Forest District Council administrative area.

In the absence of the Planning Services Portfolio Holder, Councillor C Whitbread introduced the report on the approach to managing the effects of air quality on the Epping Forest Special Area of Conservation.

Special Areas of Conservation were within the top-tier of nature conservation sites within the UK. European legislation, which was transposed into the domestic Conservation of Habitats and Species Regulations 2018 (the Habitats Regulations) and stipulated within the National Planning Policy Framework (NPPF), affords European sites the highest levels of protection in the hierarchy of sites designated to protect important features of the natural environment.

The legislation set out that where a land use plan, either alone or in combination, was likely to have a significant effect on a European site, the plan-making authority must undertake a Habitats Regulations Assessment (HRA). This applies to Local Plans produced by local authorities, in addition to Neighbourhood Plans produced by local communities. Such plans set out a broad quantum of development growth. HRA work must therefore consider the overall impacts of such growth – in combination with neighbouring authorities – and where there were any likely significant effects, adverse effects on the integrity of the site must be ruled out.

Councillor S Kane asked what would be the consequences if Natural England did not respond, by the end of April, to the findings of the updated Habitats Regulation Assessment January 2019 with respect to its conclusions on air quality effects. The Interim Assistant Director (Planning Policy) said that officers had been assured by Natural England that they would reply by the end of April.

Councillor Lea asked if the air quality regulation was just for Epping Forest or did it include other forests in the United Kingdom. The forest did get a lot of visitors from all over so why did we have to pay and not have a fairer distribution. The Interim Assistant Director (Planning Policy) said that a recent visitor survey indicated that most of them came from within 6.2 km of the forest and Natural England asked us to devise a mitigation strategy to deal with that impact and separately the impact of air quality on proposed growth in the District, and our updated habitat assessment. This is the work now sitting with Natural England to agree. As for charging for developments we have agreed only to charge for large scale developments, small scale developments would have ‘softer measures’ put in. There were other European Designated sites across the UK that were similarly affected.

Councillor Jon Whitehouse asked if there was review as to where to put the air pollution monitoring points and if had the right number of them. The Interim Assistant Director (Planning Policy) replied that there would be an ongoing review in conjunction with Natural England.

Decision:

(1)          That the Cabinet agree that the adoption of an Approach to Managing the Effects of Air Quality on the Epping Forest Special Area of Conservation, to include the indicative costs for the monitoring of Air Quality within the Epping Forest Special Area of Conservation is delegated to the Portfolio Holder for Planning.

(2)          That upon adoption the Approach to Managing the Effects of Air Quality on the Epping Forest Special Area of Conservation be adopted as a material consideration in the determination of planning applications and permitted development right proposals within the Epping Forest District Council administrative area.

Reasons for Proposed Decision:

To comply with the Council’s general obligations as a competent authority under the Habitats Directive [article 6(3)] and the Species and Habitats Regulations 2018 [Regulation 9(1)] and to support the Examination of the Council’s Local Plan Submission Version.

Other Options for Action:

Not to develop and adopt an Approach to Managing the Effects of Air Quality on the Epping Forest Special Area of Conservation as a material consideration in the determination of planning applications and permitted development rights schemes which result in a net increase traffic (based on Annual Average Daily Traffic levels).  This would prevent the Council, as local planning authority, from positively determining such proposals, where appropriate, as advised by Natural England, as the responsible statutory body, in its letter of 15 June 2018. In addition, it would mean that the Local Plan may not be deliverable at examination and therefore not be found sound.