Guidance Note for planning applications including new dwellings, holiday accommodation and visitor attractions when assessing the potential recreational disturbance effects on internationally protected wildlife sites, 'Habitats Sites'

Introduction

As a public body, Great Yarmouth Borough Council is a 'competent authority' under the Conservation of Habitats and Species Regulations 2017, normally referred to as the Habitats Regulations. It requires all competent authorities to make an assessment of the implications of any plan or project being undertaken by the authority or being authorised by the authority for others to undertake, for internationally protected wildlife sites know as Habitats Sites in the National Planning Policy Framework. This is known as a Habitats Regulations Assessment (HRA) and needs to be completed prior to the determination of planning applications.

A HRA is required in order to demonstrate that a development project can proceed without having any adverse effects on Habitats Sites. There are numerous internationally protected wildlife sites within and close to the Borough planning area. New developments are required to avoid or mitigate any potential impacts on these. If this cannot be achieved permission cannot be granted. Demonstrating that potential impacts have been avoided or mitigated for through documented assessment is an important part of compliance with the legislation.

It is important to demonstrate compliance with the Habitats Regulations with appropriate records, and the Borough Council has developed an assessment template that in some circumstances applicants can complete. This guidance note sets out how the Council seeks to help applicants complete the template to inform a satisfactory assessment and ensure that all the necessary requirements are properly met.

The requirements should be satisfied at the earliest possible stage, ideally at pre-application stage, ready for when the planning application is submitted to the Borough Council. Further guidance on the pre-application stage can be obtained from the Borough Council through 'Pre-Application Advice'.

Norfolk Recreational Impact Avoidance and Mitigation Strategy Action Plan 2024

The Council's Local Plan Part 1 (Core Strategy) identified a need for a strategy to address increased recreational pressure arising from new development on Habitats Sites. Such a strategy was essential to ensure new development could satisfy requirements of the Conservation of Habitats and Species Regulations 2017. In response to this the Council adopted a Habitat Monitoring Mitigation Strategy in 2018. This strategy was funded by developer contributions and ensured that the in-combination recreational impacts on Habitats Sites were mitigated. However, evidence suggests that impacts are cross-boundary and there is potential for development within the Borough to impact on habitat sites outside of the Borough and vice-versa. In response to this, the Council has worked with all Norfolk local planning authorities and Natural England to create a county-wide strategy known as the Norfolk Green Infrastructure and Recreational Avoidance and Mitigation Strategy. In 2024 the Strategy was reviewed and refined their existing mitigation approach for recreation impacts to European sites, associated with planned housing growth. It builds on the approach established in 2020 in the in the Green Infrastructure and Recreational Impact Avoidance and Mitigation Strategy ('GIRAMS') and sets out detailed actions relating to mitigation measures. The updated plan is called "Norfolk Recreational Impact Avoidance and Mitigation Strategy Action Plan 2024" (Norfolk RAMS).

The strategy identifies that all residential development and tourist accommodation development within the Borough could give rise to recreational disturbance impacts on Habitats Sites. The strategy a package of mitigation measures to be funded by developers of development which may lead recreational impact on Habitats Sites. A financial contribution in line with the strategy of £304.17 per new dwelling (or view Table 5, page 54 in the Norfolk RAMS Action Plan 2024 for other types of use) across the Borough will provide mitigation for in-combination effects. This will increase on 1st April each year in line with inflation.

Template Habitat Regulations Assessment (HRA)

Accurate HRA recording is particularly important given case law has clarified the need to adequately undertake and record a HRA in a stepwise way, with assessment of identified significant effects undertaken at the 'appropriate assessment stage,' and ensure that all development that poses a potential risk has the benefit of a HRA record. This includes small scale development such as a single new dwelling. Each should have a detailed and satisfactory HRA to demonstrate that any potential effects have been assessed.

Whilst the Borough Council is ultimately responsible for the HRA, it is the responsibility of the applicant to provide all information necessary to inform the HRA and its conclusions. Gathering this information often involves the commissioning of an ecologist or other specialists. In order to expedite this the Council has produced an assessment template that can be used for small-scale development to make the process as straightforward as possible whilst having confidence in compliance with the legislation. This guide and the template have been agreed with Natural England.

The template is referred to as a 'shadow HRA' because it is set out in a way that enables an applicant to provide the information necessary to inform the Borough Council's HRA. Where the Council is satisfied that the shadow HRA provides all the information required, the Council will use the completed template as the HRA record for the determination of the planning application.

The Council must consider any potential impacts arising from a development proposal. The agreement of the Council at any stage to use of the template will not prejudice it following the correct procedures, and this may subsequently lead it to require a full, bespoke shadow HRA to be submitted to enable the Council to prepare a more detailed HRA record.

The assessment template is not appropriate for larger scale developments, those in more sensitive locations, or where there is a potential for other impacts from the specific development in addition to the cumulative impact of recreation pressure. Where a development is particularly large, or in close proximity, there may be other additional recreation considerations that warrant further

The assessment template is not appropriate for larger scale developments, those in more sensitive locations, or where there is a potential for other impacts from the specific development in addition to the cumulative impact of recreation pressure. Where a development is particularly large, or in close proximity, there may be other additional recreation considerations that warrant further assessment and may require additional measures to be included in the proposal. These developments are likely to require a more detailed and bespoke assessment.

Relevant internationally protected wildlife sites

The Borough Council considers that the following sites are relevant to the template and bespoke shadow HRAs required for residential and tourism development:

• A bespoke shadow HRA will be required

• The template shadow HRA can be used to provide an assessment

The scenarios can be identified by considering the scale of the development and its location. The Indicative Habitat Impact Zones that accompanies this guide identifies the different zones referred to within the table below.

Please note that the table below is a guide in the first instance only. The Council as the competent authority reserves the right to request further information (such as a shadow HRA) at any development scale or location should it consider it necessary.

Providing a bespoke shadow HRA

Under circumstances where a bespoke shadow HRA is required an assessment will need to be undertaken by a qualified person (e.g. an ecologist). The assessment should demonstrate to the satisfaction of the Borough Council that the development project can proceed without having any adverse effects on internationally protected wildlife sites: having assessed likely significant effects both alone and in-combination (with other planned development), where required carrying out 'Appropriate Assessment' and incorporating any necessary mitigation measures.

Rationale for assumptions

The underlying assumptions of this guide are based on the findings of the plan-wide HRA that supported the adopted Core Strategy. In determining the influence distances, the following were used:

• 400m, which captures sites close to the internationally protected site boundary, where urban effects, run-off, recreation will likely to be of particular relevance

  • 400m is used at a range of other internationally protected sites such as the Thames Basin Heaths and Dorset Heaths to indicate a zone where there is a presumption against development

• 2500m, highlighting allocations reasonably close to the site boundary but set further back - there may be hydrological issues and more intensive recreation will also be relevant

In identifying the scale thresholds of development, a pragmatic and precautionary approach has been taken. The average household size in Great Yarmouth is approximately 2.3 people, and this multiplier has been used to apply to bedspaces for holiday accommodation.

Visitor attractions and car parks

Visitor attractions could include a variety of uses including (but not exclusive to): theme parks, museums, amusements, visitor facilities such as cafes and car parks, etc., and will be considered on a case by case basis by the Borough Council as to whether a bespoke shadow HRA will be required.