Decision

RESOLVED

That the Executive:

a)            adopt the Upper Nene Valley Gravel Pits Special Protection Area Guidance and Mitigation Strategy.

b)            revoke The Upper Nene Valley Gravel Pits Supplementary Planning Document (SPD) adopted by the Borough Council of Wellingborough and East Northamptonshire Council in 2015 and the Upper Nene Valley Gravel Pits Special Protection Area Addendum to the SPA SPD: Mitigation Strategy adopted by the Borough Council of Wellingborough and East Northamptonshire Council in 2016.

Reason for Recommendations – The Council has a specific duty, as a competent authority, under the Conservation of Habitats and Species Regulations 2017 (as amended) to ensure that planning permission is not granted unless satisfied that the development is not likely to adversely affect the integrity of Upper Nene Valley Special Protection Area (SPA). The guidance has been produced to assist in that duty and to provide a consistent approach with West Northants Council to identifying and mitigating potential significant effects on the SPA’s qualifying features. In particular, it sets out a strategic solution for the mitigation of in-combination recreational impacts of residential development. This enables applications for small scale residential development to be determined without a site-specific Habitats Regulations Assessment being conducted, provided the applicant agrees to contribute to the mitigation strategy set out in the guidance through the payment of a Strategic Access Management and Monitoring (SAMM) contribution.

Alternative Options Considered – The Council could choose not to adopt the guidance and mitigation strategy however this would put the Council at risk of legal challenge for failing in its duties under the Habitats Regulations. A delay in adoption to wait for the preparation of the local plan would represent a similar risk.