CLT11 Tourism - Preferred Option

Revised Core Strategy Preferred Options Consultation

Thank you for consulting Natural England on the above, in your letter received by this office by email on 5 November 2008. We refer you to previous comments made in our letter of 27 June 2007 during the initial preferred options consultation. Whilst we are generally supportive of the plan, we would like to make the following comments.

Evidence Base
Natural England is pleased to note that the Essex Landscape Character Assessment (2003) and the Local Wildlife Site Review (2007) has been included under this heading.

Vision
Natural England supports the vision because it sets out the intention to retain the essential landscape characteristics of the district and the distinctiveness of both the natural and built environment. These are aspects which are compatible with our own objectives. We also support the recognition of the District's position within Thames Gateway South Essex to promote the District as the "green part" of the sub region.

Objectives
Whilst Natural England generally supports the objectives we would liked to have seen specific reference to "landscape" within the fourth bullet point. We also consider that there should be a stronger reference to climate change within the objectives, linked particularly to the transport objective (6th bullet point) by referring to the need to reduce carbon emissions. An additional objective should also be included on the issue of renewable energy and climate change, for example "to promote renewable energy and address the causes and potential impacts of climate change"

The Green Belt

GB2 Rural Diversification and Recreational Uses - Preferred Option
Natural England supports the Council's preferred option on this issue. We have recently assessed the case for a review of green belt policy where the role of the green belt is reconsidered. The value of the green belt should be judged on its contribution to quality of life, nature conservation, landscape protection, flood mitigation and the impact of a changing climate. Linked with this is a desire to improve the environmental quality of existing green belt. We would therefore support rural diversification within the green belt such as green tourism and outdoor recreation, provided these activities are linked with environmental enhancements and an increase in biodiversity.



Economic Development

ED1 London Southend Airport - Preferred Option
Natural England reiterate our previous comments on the London Southend Airport, that is we are concerned with the impact of the growth in the airport on air quality and on the disturbance of Natura 2000 sites. We also would actively encourage enhanced North South links including greenways, as envisaged in the Thames Gateway South Essex Greengrid

Environmental issues

Crouch and Roach Estuary Management Plan (Page 52, 4th paragraph)
In this paragraph a list of stakeholders is given who are working with Rochford District Council on the above plan. Natural England should also be actively involved in this project and listed accordingly.

All references to 'English Nature' should be changed to read 'Natural England', e.g. page 52, 1st paragraph.

ENV1 Protection and Enhancement of the Natural Landscape and Habitats - Preferred Option
Natural England supports the overall aims of the preferred option and we are pleased to note that the wording now includes "maintain, restore and enhance" rather than just protect. However we consider that the policy does not fully cover all aspects of the natural environment but concentrates on the protection and enhancement of designated sites. We therefore suggest that the policy is expanded to include the following points:

i. Wildlife Networks- Natural England would like the policy wording to encourage an approach to conservation management which is focussed not solely on individual site protection but which seeks to rebuild the fabric of the landscape in which individual sites sit. Actions such as reducing habitat fragmentation and creating green corridors for wildlife can help to achieve this. PPS9 states specifically at paragraph 12 that "Local authorities should aim to maintain networks by avoiding or repairing the fragmentation and isolation of natural habitats through policies in plans." This policy could link to a wider policy on Green Infrastructure. We would therefore suggest that the following point is added to the policy wording: "The Council will ensure the protection and enhancement of a network of local wildlife sites and wildlife corridors, links and stepping stones between areas of natural green space to avoid fragmentation of habitats".

ii. Designing in Wildlife - We would recommend the inclusion of designing in biodiversity measures within this policy. By incorporating ecologically sensitive design and features for biodiversity early on within a development scheme, significant improvements for biodiversity can be achieved, along with easier integration with wider environmental, design and planning aspects. For example designing for biodiversity can include the retention of sensitive or valuable habitats present, or enhancements for protected species that may be present, whilst integrating other development design requirements such as drainage and engineering. By addressing ecological aspects early on, design aspects such as site layout can be tailored to provide enhancements and improvements for biodiversity that may not be possible later on within the design process. Measures to encourage biodiversity can include green roofs, planting and landscaping using native species, setting up bird and bat boxes and sustainable urban drainage systems. We would suggest that the following point is added to the policy wording: "The Council will ensure development seeks to produce a net gain in biodiversity by designing in wildlife, and ensuring any unavoidable impacts are appropriately mitigated for."

iii. BAP Targets - We would suggest that this policy is linked to the Essex Biodiversity Strategy (1999) which has established targets to boost priority habitats and targets. The policy should therefore include the additional wording: "The Council will promote wildlife enhancements which will contribute to the habitat and species restoration targets set out in the Essex Biodiversity Strategy."

iv. Landscape Character - In addition this policy, although it mentions "natural landscape" in the title does not fully cover the protection and enhancement of landscape character and quality. The Landscape Character Assessment of Essex (2002) should be specifically mentioned in the policy wording. LCAs are a tool to understand the intrinsic character of the landscape and direct appropriate sustainable development and should be used as part of the evidence base to underpin planning and management decisions in the preparation of the LDF. We therefore suggest the insertion of wording which seeks to achieve the following: "The landscape character and local distinctiveness of the District will be protected, conserved and where possible enhanced. Proposals for development will take into account the local distinctiveness and sensitivity to change of distinctive landscape character types. These landscape character types are described in the Essex Landscape Character Assessment"

ENV2 Coastal Protection Belt - Preferred Option
Whilst Natural England generally supports the aims of the preferred option and agrees with the overall approach of protecting the open character of the undeveloped coast and its important wildlife sites, we suggest that this policy should give explicit recognition to the implications of climate change and sea level rise, and the need for necessary adaptation. The current draft appears to defend a 'static' situation. We also draw your attention to policy SS9 of the East of England Plan, which states that LDDs should (inter alia):
• protect important coastal environmental assets, if practicable and sustainable without causing adverse impacts elsewhere. If it is not practicable to protect sites and habitats in situ, including sites of European or international importance for wildlife, shoreline management plans and development plans should include proposals for their long-term replacement and the recording of any lost historic assets;
investigate and pursue opportunities for the creation of new coastal habitats, such as salt marsh and mudflat, in areas identified for managed realignment. New development should not be permitted in such areas.

ENV4 Sustainable Urban Drainage Systems (SUDS) - Preferred Option
Natural England agrees that Sustainable Urban Drainage Systems (SUDs) should be encouraged within new developments as part of sustainable design. SUDS can be used to provide open space and wildlife habitats around areas of vegetation, water channels and storage ponds which are positive steps to increasing biodiversity.

ENV6 Large Scale Renewable Energy Projects - Preferred Option
Natural England agrees that large scale projects should only be considered where there is no significant adverse affect on the landscape or wildlife. We would also recommend that when considering locations for renewable energy installations that the Essex Landscape Character Assessment should be referred to. This will help to ensure that installations are located in places which will cause minimum impact on the surrounding landscape.

Notwithstanding the above, and the current policy wording to protect site integrity, we highlight to the Council the supplement to PPS1: Planning and Climate Change, which requires that: "19. In developing their core strategy and supporting local development documents, planning authorities should provide a framework that promotes and encourages renewable and low carbon energy generation. Policies should be designed to promote and not restrict renewable and low-carbon energy and supporting infrastructure."
And
"20. In particular, planning authorities should:.......
ensure any local approach to protecting landscape and townscape is consistent with PPS22 and does not preclude the supply of any type of renewable energy other than in the most exceptional circumstances"
Natural England therefore comments that an appropriate balance needs to be struck between site protection and the promotion of renewable and low-carbon energy generation projects. We also suggest that a fuller criteria-based policy is included in the Development Control Policies DPD.

ENV7 Small Scale Renewable Energy projects - Preferred Option
We are supportive of small scale energy projects as part of sustainable design and construction.


ENV8 Code for Sustainable Homes - Preferred Option
Natural England supports the preferred option as it is compatible with our own promotion of sustainable design and construction including energy efficiency in homes. We would draw the Council's attention to our project "A New Vernacular for the Countryside" which addresses broad sustainable design and construction principles for the countryside.

Transport

T5 Cycling and Walking - Preferred Option
Natural England supports the preferred option. Footpaths and cycleways should be provided as part of new development layouts which will contribute to sustainable transport and also provide informal recreation opportunities to help improve the health and well-being of residents.

T6 Greenways - Preferred Option
Natural England is supportive of the Thames Gateway Green Grid Strategy and would see the provision of greenways as a contribution to a wider network of green infrastructure. We therefore welcome this commitment to the implementation

Character of Place

CP1 Design - Preferred Option
Natural England supports this preferred option and acknowledges the importance of setting high standards of design in all new development. We would like to ensure that development is "good enough to approve", accessible to all, locally distinctive and makes a positive contribution to the character of the area, utilising the opportunities presented by the location. In particular we are glad to note that Village Design Statements have been included in the policy wording as this is an initiative which Natural England actively promotes.

In our previous comments on this issue we also made the point that opportunities should be sought to promote accessible greenspace provision that meets local requirements and provides functional links for people and wildlife. We recommended that the authority should consider the use of policies to promote the delivery and long-term management and maintenance of greenspace and green linkages.

Community Infrastructure, Leisure and Tourism

CLT1 Planning Obligations and Standard Charges - Preferred Option
Natural England would suggest that countryside recreation projects including the management and maintenance of greenspace, wildlife sites and environmental improvements should be included in the list of activities that planning obligations and charges could contribute to.

CLT5 Opens Space - Preferred Option
Whilst Natural England supports the preferred option we consider that it should be expanded in greater detail. We would like the point emphasised that all development should incorporate sufficient new green space in accordance with Natural England's Natural Green Space Standards of achieving natural greenspace within 300m of every home.

The policy should also emphasise how open spaces and green areas could be improved and enhanced and linked to a wider network of open spaces, footpaths, amenity areas, river corridors i.e. Green Infrastructure. Wherever possible opportunities should be taken to improve the biodiversity and amenity value of these areas by suitable planting with native species or improved management regimes. It may also be possible to introduce footpaths or cycleways through these areas which would increase the provision of informal recreation and contribute to sustainable transport measures.

CT11 Tourism - Preferred Option
Natural England supports the preferred option particularly the proviso that green tourism projects should not adversely impact on character of place or biodiversity. We would reiterate our previous comments that it should be mentioned in the policy wording that this approach is consistent with the objectives of the Thames Gateway South Essex Greengrid. We would also make the point that the conversion of rural buildings could involve damage to protected species such as barn owls and this should be mentioned in the explanatory text.

Upper Roach Valley and Wallasea Island

URV1 Upper Roach Valley - Preferred Option
As we said in our previous comments Natural England supports the Council's preferred option for the enhancement and protection of the Upper Roach Valley including the Country Park. This provides an opportunity to link this area with the wider green infrastructure network and improve access to the countryside from surrounding areas. We suggest however that the policy is reworded to refer to 'appropriate management', as 'minimum of interference' as presently set out may not in fact 'permit certain flora and fauna to flourish.'

URV2 Wallasea Island - Preferred Option
Natural England supports the Council's preferred option as it supports the Wallasea Wild Coast Project which will create a variety of wildlife habitats and enhance the biodiversity of the area. We suggest however that the policy is reworded from 'no adverse impacts' to 'provided any adverse ecological impacts are avoided, mitigated, or compensated for.'

Habitat Regulations Assessment

As discussed in our responses to the previous Core Strategy Preferred Options and Strategic Environmental Assessment, dated 27 and 13 June 2007, we remind the Council that the Core Strategy will require assessment against the Habitats Regulations. I provide an extract below from our 27 June 2007 letter:

"Where a plan may affect a European site, the European Court of Justice ruling (October 2005), has concluded Article 6(3) of the Habitats Directive provides that any plan or project not directly connected with or necessary to the management of a European site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, must be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In practice, the SEA should aim to be sufficiently detailed in its assessment to address the requirements of The Habitats Directive 92/43/EEC of 21 May 1992.

The Assessment will require an initial screening of all policies alone and in combination with other plans and projects. This aims to establish whether any policies should be regarded as likely to cause/have a significant effect on the interest features of the European Sites, either alone or in combination with other plans or projects. Options should then be considered to establish whether amendments to individual policies, suite of policies or supporting text could effectively address concerns to 'not likely significant effect'.

Those policies that are still regarded as likely to have a significant effect will then require an appropriate assessment in accordance with Regulation 48 of the Habitat Regulations. National Government direction encourages local planning authorities to develop local development documents that clearly demonstrate that they avoid an adverse affect on the integrity of the Natura 2000 sites, either alone or in combination with other plans or projects.

Furthermore, consistent with the cross-border working that is necessary in delivering strategic solutions we recommend you gain a brief appreciation of the assessment from the developing Habitat Regulations Assessment for Southend on Sea Borough Council's Core Strategy (see Topic Papers for Examination in Public www.southend.gov.uk ).

Our initial assessment indicates that the particular elements of the strategic direction could be likely to have a significant effect, either alone or in combination with other plans or projects and these are listed below:

i) Overall growth targets, alone and in combination with relevant Regional growth area targets, will lead to increased population and subsequent increased recreational pressure on Natura 2000 sites.

ii) The aspirations for significant growth in airport movements at Southend Airport, which may result in increased air quality and/or disturbance impacts on Natura 2000 sites.

iii) Development in, or immediately adjacent to, intertidal or coastal areas that either requires land-take through encroachment or exacerbates the effects of coastal squeeze."

I trust these comments are of assistance to you and please do not hesitate to contact me if you wish to discuss any of the above further.

Core Strategy Preferred Options


Thank you for your letter of 5 November consulting The Theatres Trust on the Preferred Options for the Core Strategy.



The Theatres Trust is the national advisory public body for theatres and a statutory consultee on planning applications affecting land on which there is a theatre. This applies to all theatre buildings, old and new, in current use, in other uses, or disused. Established by The Theatres Trust Act 1976 'to promote the better protection of theatres', our main objective is to safeguard theatre use, or the potential for such use but we also provide expert advice on design, conservation, property and planning matters to theatre operators, local authorities and official bodies.



Due to the specific nature of the Trust's remit we are concerned with the protection and promotion of theatres and therefore anticipate policies relating to cultural facilities.



This document is a great improvement on the 2007 version but is still lacking any cultural content.



RTC1 Retail and Town Centres

The preamble to this topic includes ensuring that the District's town centres are vibrant places and the text refers to the 2008 Retail and Leisure Study. However, to quote from PPS6 A diversity of uses in centres makes an important contribution to their vitality and viability. Different but complementary uses, during the day and in the evening, can reinforce each other, making town centres more attractive to local residents, shoppers and visitors. Local planning authorities should encourage diversification of uses in the town centre as a whole, and ensure that tourism, leisure and cultural activities, which appeal to a wide range of age and social groups, are dispersed throughout the centre.



PPS6 also states that the main town centre uses are retail, leisure, offices, arts, culture and tourism. Town centres are the heart of communities and an expression of their culture and identity. As well as shops they should provide a range of realistic functions for leisure, recreation and cultural activities centred on restaurants, pubs, clubs, theatres, cinemas, libraries and museums. As such all these elements play an active role in creating and maintaining vibrant town centres and contributing to a stimulating night-time economy.



We would expect therefore to see other town centre uses mentioned in this section and some findings regarding your leisure offer from the Retail and Leisure Study. Or we suggest that you remove any general reference to town centres from this section as policy RTC1 only refers to their retail element.



RTC3 Rayleigh Town Centre

The Retail and Leisure Study is mentioned here which identifies a lack of leisure uses which includes pubs, bars, nightclubs, restaurants, bingo halls, cinemas etc. Here again, the policy only refers to the retail element of the town - no mention is made of any other shortcomings that may need addressing for this 'principal centre of the District'.



CLT1 Planning Obligations

We support a policy in the Core Strategy to show an overall approach to developer contributions with appropriate references to strategic sites and clear links to the details set out in an accompanying supplementary planning document. We look forward to being consulted on this document.



CLT9 Leisure Facilities

Surprisingly the 2008 Retail and Leisure Study isn't mentioned here and this section and the policy only focuses on sport and recreation through your leisure centres.



Your website under Arts and Leisure states that the District has a range of arts and leisure facilities. Your arts facilities should therefore be included in the text and within the policy. The wording of policies needs to be robust, clear and succinct because of the way they determine whether or not, and how development can take place and we therefore suggest that the title of this section be amended to Arts and Leisure Facilities for continuity and clarity.



The policy should ensure that your existing arts and leisure facilities are promoted and protected as without such wording it could become difficult to retain an essential community asset particularly where land values become higher for an alternative use. This policy should also state that the loss of an existing facility will be resisted unless it can be demonstrated that the facility is no longer needed, or it can be established that the services provided by the facility can be served in an alternative location or manner that is equally accessible by the community.



CLT11 Tourism

The opening accompanying text on page 100 states that the District has the potential to be the arts and cultural opportunities area for the sub-region. But there is no mention of this aspiration in any section nor this policy or any other policy.



Even though 'A Better Life' (Essex Cultural Strategy) and Rochford's Cultural Strategy are listed as 'relevant strategies' their content does not make an appearance in this document. Except on page 8 under Priority 6 More participation in sports, culture and volunteering ..... and on page 95 in the right hand column where the Audit Commission Report 2004 found that residents thought that cultural facilities in the District had got better or stayed the same. However there is no mention of cultural facilities in this policy or any other policy.





We look forward to being consulted on the Submission Core Strategy, Infrastructure and Standard Charges document together with Rochford and Hockley Area Action Plans.