Cotswold Beechwoods Special Area of Conservation (SAC)
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Introduction
New developments within the Borough have the potential to impact on internationally important biodiversity sites (Habitats Sites), in particular the Cotswold Beechwoods Special Area of Conservation (SAC).
The Cotswold Beechwoods SAC is highly valued in that it represent the most westerly extensive blocks of Asperulo-Fagetum beech forests in the UK. Unfortunately there is evidence that the woods are being damaged by visitors – walking, cycling, exercising their dogs etc – and that damage (recreational impact) is likely to increase as more houses and other sorts of accommodation are built, leading to more visitors. It is crucial that ways are found to prevent and mitigate this damage.
Legislation
Tewkesbury Borough Council, as a “competent authority”, is legally obliged under the Conservation of Habitats and Species Regulations 2017 (as amended) to consider whether planning applications would affect the biodiversity of any SAC; and can only approve a planning application where the proposals will not impact on the special biodiversity of the SAC. This consideration is undertaken by a process called Habitats Regulations Assessment (HRA).
Cotswold Beechwods SAC
The Cotswold Beechwoods SAC is mainly designated for its woodland flora and is very popular with visitors. The majority of the SAC sits within Stroud District, but it also extends into Tewkesbury Borough and Cotswold District. The woods are owned and managed by a number of owners.
Recreation Mitigation Strategy
To assist planning applicants to progress their applications and to ensure that there is a strategic approach to delivering mitigation for recreational impacts at the Cotswold Beechwoods SAC, the Local Authorities in the area and Natural England have worked together to produce a Recreation Mitigation Strategy for the Cotswold Beechwoods SAC – See below:
Which applications are likely to impact on the Cotswold Beechwoods SAC?
The Strategy sets a SAC Zone of Influence (ZoI) at 15.4 km based on an analysis of visitors to the site. All planning applications (and prior approvals) for residential or holiday accommodation within the 15.4 km ZoI, will be subject to Habitats Regulations consideration. This includes:
- Dwellings (C3).
- Houses in Multiple Occupation (sui generis).
- C2 Residential institutions but where residents are not severely restricted by illness or mobility.
- Student accommodation.
- Sites for gypsies, travellers and travelling showpeople.
- Tourist accommodation, including self-catering, caravan and touring holiday accommodation.
- Residential annexes and other ancillary accommodation.
The need to address Habitats Regulations issues for other types of development will be considered on a case by case basis.
Check whether your site falls within the Beechwood SAC Zone of Influence:
How can planning applicants mitigate the impacts of their development?
Strategic Approach through the Mitigation Strategy
Following consultation with Natural England on the Cotswold Beechwoods SAC, the Strategy outlined within the published Recreation Mitigation Strategy for the Cotswold Beechwoods SAC (Footprint 2022) should be adhered to which specifically mentions SAMM (Strategic Access Management and Monitoring) and SANG (Suitable Alternative Natural Greenspace)/Infrastructure Projects (away from the SAC) which require financial contributions to ensure and secure the long-term approach. The Strategy (mentioned above) enables the Competent Authority (Tewkesbury Borough Council) to undertake a Habitat Regulations Assessment Significance and Integrity Test in accordance with Regulation 63(1)(a) of the Habitats Regulations. The contribution secures significant mitigation to ensure that the proposals will not lead to recreational impacts on the SAC. A home owners pack can be used alongside the financial contribution, however it is not considered adequate alone to fully mitigate for the recreational impacts of the proposal on the Cotswold Beechwoods SAC.
The financial contribution will enable a more strategic approach to mitigation. The Council has worked with our partners, including other adjacent Local Authorities and Natural England to prepare a recreation mitigation strategy for the SAC. This includes:
- an analysis of where visitors to the site come from, (providing the evidence to set the ZoI at 15.4 km).
- the type and scale of any impacts.
- the measures necessary to mitigate the impacts. The measures are divided into:
- on-site measures, e.g. provision of rangers, signage, fencing etc.
- off-site measures involving the provision of areas of suitable alternative natural green space (SANG).
- the costs of those measures per new unit of residential / holiday accommodation.
How to make a financial mitigation contribution
The cost of the strategic mitigation contribution has been calculated has been calculated at £673 per dwelling (for applications submitted prior to 1 April 2026) or £771.79 per dwellings (for applications submitted on or after 1 April 2026). A fee to cover administration and legal costs is also required, these are set out in the payment section below.
The simplest way to make a financial contribution is to use a Unilateral Undertaking S106 form, which states that the applicant will pay the council the relevant sum for each unit of accommodation plus an admin fee.
The contributions received will be spent on the mitigation measures set out in the strategy, working with relevant partners. These costs are subject to regular review and may be amended from time to time.
Costs
The following fees are applicable for valid applications submitted prior to 1 April 2026:
The cost of the strategic mitigation contribution has been calculated at –
- Admin/Legal Fee – £125 (per agreement)
- Strategic Access Management and Monitoring (SAMM): £193 per dwelling/unit.
- Suitable Alternative Natural Green Space (SANG): £480 per dwelling/unit.
Fees applicable for payment of mitigation prior to commencement of development (deferred payment)
- Admin / Legal Fee: £310 (per agreement)
- Monitoring Fee: £200 (per dwelling)
- Strategic Access Management and Monitoring (SAMM): £193 (per dwelling)
- Suitable Alternative Natural Green Space (SANG): £480 (per dwelling)
This totals £673 per dwelling/unit plus the legal/admin fees outlined below. Payment for both sets of measures (on-site and off-site) is required to deliver effective mitigation.
The following fees are applicable for valid applications submitted on or after 1 April 2026:
Fees applicable for payment of mitigation prior to determination of the application (up-front payment)
- Admin/Legal Fee – £143.35 (per agreement)
- Strategic Access Management and Monitoring (SAMM): £221.33 per dwelling/unit.
- Suitable Alternative Natural Green Space (SANG): £550.46 per dwelling/unit.
Fees applicable for payment of mitigation prior to commencement of development (deferred payment)
- Admin / Legal Fee: £355.51 (per agreement)
- Monitoring Fee: £229.36 (per dwelling)
- Strategic Access Management and Monitoring (SAMM): £221.33 (per dwelling)
- Suitable Alternative Natural Green Space (SANG): £550.46 (per dwelling)
Payments
Strategic mitigation financial contributions can be paid by either:
- Through a ‘Short Form’ s.106 Unilateral Undertaking legal agreement with payment on completion of the deed, or;
- Through a ‘Long Form’ s.106 Unilateral Undertaking legal agreement with payment on commencement of the development. Or through a standard s.106 legal agreement if the application requires one anyway to address other matters.
Option A – Short form process
If using a short form you will also need to send us the mitigation contribution. Please pay online when you submit your form.
- Unilateral Undertaking S106 short form 1:
Planning application - Unilateral Undertaking S106 short form 2:
Planning permission granted under GPDO - Unilateral Undertaking S106 short form 3:
Planning in Principle
Option B – Long form process
If using the lonhttps://tewkesbury.gov.uk/wp-content/uploads/2024/12/Unilateral-Undertaking-S106-short-form-2.docxg form you can defer payment of the mitigation contribution until commencement of development. You will need to notify us of commencement of development.
- Unilateral Undertaking S106 long form 1:
Planning application - Unilateral Undertaking S106 long form 2:
Planning permission granted under GPDO - Unilateral Undertaking S106 long form 3:
Planning in Principle
Process
If an applicant for permission wishes to use the strategic approach and either the short form or long form Unilateral Undertaking to resolve the HRA issues for their site, then they should complete one of the relevant s.106 Unilateral Undertakings ensuring a plan of the application site edged red is attached and submit the Unilateral Undertaking (undated) with their planning application, together with landownership evidence of signatories and the relevant admin fee.
Signatories will need to sign both the plan of the site and the signatures page. Individuals will need to have their signature on the signature’s pages witnessed by someone who is not a family member. It is not necessary for signatures on the plan to be witnessed. The Unilateral Undertaking will be dated once the Council has been able to check the draft and obtained confirmation in respect of landownership.
If proposing to use the short form Unilateral Undertaking (payment of the Mitigation Contribution on completion of the Unilateral Undertaking) you will also need to have sent the Council the Mitigation Contribution. In such cases, the Council will issue an invoice for the Mitigation Contribution on receipt of the draft Unilateral Undertaking, please do not send the Mitigation Contribution until you receive this invoice.
If using the long form Unilateral Undertaking (payment of the Mitigation Contribution on commencement of development), you will need to comply with the notification obligations in respect of commencement of development sending the implementation notice (as set out within the annex of the long form Unilateral Undertaking) and payment of the Mitigation Contribution to the Council in accordance with the Unilateral Undertakings provisions prior to commencement of the development.