Cotswold Beechwoods Special Area of Conservation (SAC)

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:

Mitigation strategy

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:

Cotswold Beechwoods SAC Zone of Influence (ZoI)

How can planning applicants mitigate the impacts of their development?

There are two main options for planning applicants in considering mitigation –

OPTION ONE – “Shadow HRA”

Submit mitigation proposals for your individual development setting out the level of impact that could be caused by your development (including ‘in-combination’ with other developments) and how that impact will be mitigated. This is often done using the format of a shadow Habitats Regulations Assessment. You may find it helpful to seek further guidance on these issues from an appropriately qualified and experienced ecologist via the CIEEM website. Or you could seek advice from Natural England using their Discretionary Advice Service.

OPTION TWO – Strategic Approach through the Mitigation Strategy

Contribute financially to 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. 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 cost of the strategic mitigation contribution has been calculated at –

• On-site measures –  £193 per dwelling/unit.
• Off-site measures –  £480 per dwelling/unit.

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.

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

The short form has a fee of £125 to cover admin and legal costs.

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 already granted under GPDO, regulation 77 approval application

Option B – Long form process

The fee for this form is £510 to cover admin and legal costs, including £200 by way of a monitoring fee.

If using the long 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 already granted under GPDO, regulation 77 approval application