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European Sites Mitigation SPD


Contents

European Sites Supplementary Planning Document (SPD)

The European Sites Mitigation Supplementary Planning Document is formally adopted by the Council.  The document has been prepared to provide guidance on mitigating the impact of development on European Sites. 

If your development will have an adverse affect on a European nature conservation area, you must provide mitigation in accordance with Policy 22 of the Cornwall Local Plan Strategic Policies 2010-2030. 

What is a European Designated Site?

European designated sites have the highest level of environmental designation in the UK. They are nature conservation sites established under the Habitats and Birds Directives.  This includes:

  • Special Areas of Conservation (SACs) and
  • Special Protection Areas (SPAs)

What does the European Sites SPD do?

Policy 22 of the Cornwall Local Plan committed the Council to produce an SPD. Plans and policies must not harm the special features of a European site. The Habitats Regulations Assessment found that there could be harm.  This is due to increased recreation as there will be more people living in Cornwall. So numbers of people using the sites are likely to go up.

The document sets out a strategic approach to the mitigation and monitoring of the sites. With a programme of measures and a scale of contributions from development. This makes it easier for developers to make sure that their proposals will not harm a European Site.  It also means that we can use the contributions to help protect the sites. 

Location of protected sites

The Zone of Influence (ZOI) is the area where increased residential development will result in likely significant effects.  You can see the zones on our interactive map.  Use the “Map Layers” tool to tick the box next to the “Environment & planning” group and the “Zones of influence natura 2000” layer within it to make them visible.

  New development should make contributions if located within the Zones of Influence of:

  • Plymouth and Tamar Estuaries Special Area of Conservation and Special Protection Area
  • Falmouth and Helford Special Area of Conservation
  • Penhale Dunes Special Area of Conservation.

Developer Contributions

We will fund the mitigation measures using payments from developers.

All new net residential and tourism development are required to mitigate the effects of the development and show how this will be achieved before approval of planning permission.

The tariff applies to all net new residential and tourism-related growth, including:

  • market and affordable housing
  • student accommodation
  • Specialist elderly accommodation that provides complete residential dwelling but excluded specialist bed units such as nursing homes.
  • hotels, guest houses, B and Bs, lodges, static caravans, touring pitches and campsites

Please see guidance on types of development requiring mitigation for further information.

The tariff applies to all:

  • full applications
  • outline applications
  • permission principle applications
  • reserved matters applications where no contribution was made at the outline stage.

Please note: for outline and permission in principle applications where the number of proposed dwellings are unknown, the maximum tariff will be required.  Any refund due will be made at the reserved matters or technical details consent stage once the number of dwellings is known and approved.

Submission of Appropriate Assessments

The Habitats Regulations require any development, strategic plan or policy likely to significantly affect a European site be subject to an appropriate assessment.  

You can find the forms using these links:

For further information please see the following Cornwall Council guidance:

How much is mitigation?

Residential units – see table below – contribution per unit.

Tourist units – calculated using an average occupancy rate (see guidance above on types of development requiring mitigation.

Site Name Cost per unit Cost per bedroom for student services/ accommodation provision
Fal and Helford SAC £352 £147

Plymouth Sound and Estuaries SAC 

Tamar Estuaries Complex SPA

 £371 £155
Penhale Dunes SAC £180 £75

Please note, that there is an additional charge of £53 to cover the costs of administration and monitoring of the agreement.

Where an application falls within the ZoI of Penhale Dunes SAC [set out in the published wording for the final draft SPD on terrestrial sites] and Fal and Helford SAC mitigation will be required for both sites, a standard Appropriate Assessment and contribution is provided for this circumstance too.

How to pay

If a contribution towards habitat mitigation is required, it can be paid upfront by a Section 111 form or via a legal agreement that will secure payment before, or upon commencement of the development.  Upfront payments are refundable in the event planning permission is refused, an appeal is dismissed, or the development is not implemented (See section on refunds below).

Section 111 Agreement

S111 agreements and payments towards mitigation can be made online using the link below.

The S111 agreement should be signed by the applicant or owner of the development.

The form requires a planning reference.  Please only submit once the application has been submitted via the Planning Portal and the Planning Portal reference is known.  If submitting an application via email or hard copy, please wait for planning to supply you with the planning application reference number.

Please see above and page 32 of the European Sites SPD for tariffs.

Alternative Methods of providing mitigation

Should an alternative method of provision for mitigation proposed such as the following: -

  • A bespoke proposal setting out a detailed scheme of mitigation to meet the requirements of the Habitat Regulations or proposals for this to be met submitted to accompany the application. This should be carried out by a suitably qualified ecologist.
  • A Section 106 agreement. A statement setting out this proposed method to accompany the application will be required. This method should only be used for major applications and be agreed with the planning service prior to the submission of the application.

Unless either of the above are submitted with the application, then it will not be validated.

Discharges of Condition

Prior to 1 January 2023 some planning permissions have been issued securing mitigation by condition.  This condition will require the submission of a S111 and mitigation to discharge that condition.

In these circumstances a discharge of condition request should be submitted via the Planning Portal.  Once this is complete and the Planning Portal reference is known, the S111 agreement can be submitted and mitigation payment made online.

In order to discharge the condition the following must be submitted:

  • Discharge of condition application form
  • Discharge of condition fee
  • Completed S111
  • Mitigation payment

Please do not submit your S111 and mitigation payment without first submitting the discharge of condition request.

Planning appeals

Please submit either a section 111 and payment using the online form above or unilateral undertaking form. 

Refunds

Refunds will not automatically be issued.  They can be requested in writing in any of the following circumstances:

  1. Planning permission for The Development was refused, and six months from the date of refusal has lapsed without a planning appeal having been made. In this scenario, the refund must be claimed within a total of nine months from the planning refusal date.
  2. A Planning Appeal submitted in respect of The Development has been dismissed. In this scenario, the refund must be claimed within six months of the Appeal decision.
  3. Planning permission for The Development was approved but has not commenced and the planning permission has expired or is no longer capable of being implemented*. In this scenario, the refund must be claimed within six months of the relevant date.
  4. The planning application was withdrawn. In this scenario, the refund must be claimed within six months of the withdrawal date.

*Mitigation payments can only be transferred for S73’s seeking to vary a permission where the original application was subject to AA and mitigation which has been paid but the permission not yet implemented.  The fee will be transferred, however may be subject to increase. A revised S111 form will be required.

Written requests for refunds must be made to: planning.obligations@cornwall.gov.uk

  1. The total amount refunded will be the sum of the original European Sites Mitigation Contribution payment.  The Administration Charge will not be refunded.
  2. No interest will accrue to be refunded
  3. If a planning refusal is appealed and allowed by the Planning Inspectorate, no refund will be made

Mitigation

You can view progress reports and details of mitigation:

 

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