Biodiversity and development
Update 29 November 2024
The scheme continues to be delivered at an impressive pace, with site visits from the first 252 projects which were sent to Libra Utility Services Ltd and Willow Pumps Ltd almost complete. The council has already signed off 23 projects for installation, which will most likely begin in the New Year, and more are soon to be approved. The council continues to analyse projects that have not yet been sent to the contractors, and is developing processes to address both sewage systems connected to multiple properties and those properties that could connect to the mains network.
Background
As part of Wiltshire Council's ongoing efforts to improve its infrastructure to increase efficiency, minimise pollution potential and, reduce its carbon footprint, we are offering to fund the upgrade of the sewage systems of private homeowners. Wiltshire Council and Wessex River Trust (opens new window) are collaborating to improve water quality in the Hampshire Avon catchment using a government grant.
It is thought that our many rural sewage systems may be significantly contributing to the water pollution and excess nutrients in our catchment. This is because they are simply designed to separate liquid and solid waste and release wastewater into the surrounding soil where it is 'treated' by bacteria. However, septic tanks do not remove excess nutrients from human waste and where septic tanks have either been sited in an inappropriate area, start malfunctioning, or are now being affected more by flooding, these nutrients eventually enter our precious waterways.
Excess nutrients create imbalances in our rare chalk stream ecosystems, encouraging algal growth. This leads to a damaging process called eutrophication, which starves the waters of both light and oxygen. This, in turn, is preventing the conservation of our protected sites from being achieved. Improved sewage systems have been developed and now form part of the solution of nutrient enrichment. Moreover, upgrading your septic tank now could save you difficulties when it comes to selling your property due to an Environmental Agency law that came in as of 2023 related to General Binding Rules. To find out more information see ;GOV.UK: Environment Agency - General binding rules: small sewage discharge to a surface water (opens new window).
Check if you are in the Hampshire Avon catchment boundary
Planning Experience App (arcgis) (opens new window) Make sure you only have these layers on: "Planning Layers" and "Hampshire River Avon Catchment."
You can also check DEFRA's Operational catchment using Environment Agency: Avon Hampshire Operational Catchment (Water bodies) (opens new window).
Package treatment plants
Package treatment plants (PTPs) are an improved rural sewage treatment device which not only separate waste but also treat it with bacteria inside the system. More PTP systems are being designed to also remove nutrients, with the aim of releasing clear and safe water which is clean enough to discharge straight into a waterway.
There are various types of PTPs that can be used. Some use aeration to treat the waste, whilst others purely rely on their bacterial communities growing on internally rotating paddles to do the job, and the council has done rigorous research into the most appropriate systems to be used for the scheme to achieve the best nutrient removal.
Our third party professional contractors will recommend a specific system for your property which will meet the strict environmental criteria that the council has outlined. Once the contractor has carried out a site visit, they will explain their recommendations to you in terms of their designs, placement and model of plant used. You, as the customer can then sign a legal agreement with the contractor and approve the works.
The scheme
This initiative offers to forward fund 100% of the capital costs (subject to the terms of the scheme) to upgrade old septic tanks and other sewage systems to newer and more efficient package treatment plants. The new systems to be installed are approved and certified by British Water and have been chosen due to their capacity to remove phosphorus, in this case. All works will be in line with relevant planning and building regulations and environmental permitting. For more information on what the scheme includes and how we are prioritising areas, please see the frequently asked questions below.
The fund will not retrospectively pay for projects that have already been agreed or completed. The purpose of this is to create additional capacity for projects and create additional benefits to the river.
A large benefit of entering into this scheme, apart from having the works paid for, is that the project will be managed on your behalf, saving you both time and money.
How to apply
To register interest for the scheme, residents should submit the Septic tank upgrade sign up form: Revamp your tank! (opens new window) form., If you would prefer to complete a paper from, you can download it here (OpenDocument text format, 46 KB)(opens new window). Or, if you prefer, we can send it to you in the post. Please contact us at: revampyourtank@wiltshire.gov.uk (opens new window) or on 01225 718867.
It is important that you accurately identify where your property is located and give your full address and postcode in order for Wiltshire Council to determine your eligibility. Your form will be assessed, and Wiltshire Council will endeavour to inform you of the outcome within 6 weeks.
If you are accepted into the scheme, we will be in touch about the next steps.
The pre-requisites to being eligible to apply for this scheme are:
- the property must be within the Hampshire Avon catchment and in Wiltshire
- the applicant must be the homeowner or have the homeowner's permission
- the project cannot already be agreed and/or completed
Wiltshire's natural environment is one of its greatest assets and includes a particularly large proportion of nationally and internationally important habitats and species.
New developments, large and small, can have a significant effect on:
- our natural environment
- implications for important habitats
- wildlife species that they support
- the ability of people to experience and enjoy nature
It is vital to maintain and enhance wildlife corridors:
- rivers
- streams
- hedgerows
- wooded areas allow wildlife species to move between different habitat areas, enabling their populations to be more resilient to change
Published in March 2012 requires that planners and developers should aim to conserve and enhance the natural environment through the planning system. These pages offer advice on the measures you can take to ensure that your development meets the requirements of European and domestic legislation that protects our natural environment.
All new development should contribute proportionately to the enhancement of biodiversity and create habitat wherever possible, from small measures such as the installation of nest boxes to the design and integration of large Sustainable Drainage Systems (SUDs) and even landscape-scale schemes of several hectares.
How developments should protect and enhance biodiversity
At the design stage of any development, the existing ecology of the site and surrounding area must be taken into consideration. Ecological assessment of the proposed location will identify existing habitats and species present on the site and any potentially damaging effects on them, as a result of the proposed development.
Does my application need to be supported by ecological information?
For all applications use the guidance form (opens new window) to understand if your application needs to be supported by an ecology survey.
Ecological surveys and assessments should be:
- carried out by suitably experienced, trained and qualified ecological consultants holding, where relevant, protected species licences
- carried out at appropriate times of year in suitable weather conditions - surveys conducted outside optimal times may be unreliable
- carried out to published guidelines and methodologies
Writing ecological surveys to inform planning decision
Consideration should also be given to how the proposed development fits into the existing landscape, including:
- adjacent parks
- open spaces
- designated sites
- gardens
All of these make a valuable contribution to green infrastructure and wildlife corridors in urban areas and the likely effects of development should not be overlooked.
It is important to note that an absence of evidence of a species does not necessarily mean that the species is not there, or that its habitat is not protected. Once an assessment of existing ecology has been carried out, the potential to enhance wildlife value within the new development should be evaluated.
Do you have great crested newts on your site? Would you be eligible for district level licensing (DLL)?
There are now a few different ways to apply for a licence from Natural England to do development or other work that may affect great crested newts and find out how much you may need to pay:
- Swindon and Wiltshire has a GOV.UK Protected sites and species Guidance - Great crested newts: district level licensing scheme (opens new window), a quicker and simpler option compared to obtaining a GCN mitigation licence
- Applying for a GCN mitigation licence (opens new window)
- Or via an ecologist who is a registered consultant under our low-impact class licence scheme
Benefits of DLL
- better conserves great crested newts
- is simple to use
- offers developers certainty in terms of costs and timescales
- means developments that have been through planning will not be held up by protracted post-planning licensing
- results in lots of high value, secure ponds for newts which are managed and monitored for the long term
More information
In autumn 2019, Natural England ran a series of webinars with the Chartered Institute of Ecology and Environmental Management (CIEEM) to provide more information on district level licensing:
YouTube: CIEEM Webinar: District Level Licensing for Great Crested Newts (opens new window) scheme overview
YouTube: CIEEM Webinar: District Level Licensing for Great Crested Newts - eDNA Survey and Data Collection (opens new window) evidence base #1
CIEEM Webinar: DLL - Species Distribution Modelling (District Level Licensing) (opens new window) evidence base #2
YouTube: CIEEM Webinar - DLL: Habitat Delivery for this Natural England-led Scheme District Level Licensing NE-led scheme (opens new window)
YouTube: CIEEM Webinar District Level Licensing - How to apply (opens new window)
Data open to all
As part of the district level licensing project, Natural England completed the largest ever survey of its type for great crested newts across England, funded by the Ministry for Housing, Communities and Local Government (MHCLG). Read their gov.uk blog (opens new window) to find out more.
Other things of interest
Read more about Natural England's Geography in Government Award for their species distribution modelling for the district level licensing project (opens new window).
Avoidance of potential impacts should be a major factor in the design of the proposal and such measures should be outlined within the Design and Access statement.
Consideration should be given as to how this might be achieved, e.g. by moving the site boundary or by altering the construction method.
Mitigation will only be considered where potential impacts cannot be avoided. The relevant industry guidance for species-specific mitigation can be searched for via the CIEEM (opens new window) website.
Where necessary, mitigation should be proposed to reduce the unavoidable impacts of the development on the ecology of the site. Mitigation should be designed in accordance with established best practice, although innovative mitigation designs will be welcome providing they can demonstrate a high level of confidence that they will succeed. For further information read avoidance, mitigation and compensation of impacts to biodiversity.
Instigating best practice on site for all but the smallest developments will require the production of a Construction Method Statement (CMS), which would normally be secured through a planning condition of any permission granted. The CMS will describe how each element of the proposal is to be carried out and what measures are taken at each stage to ensure the protection of biodiversity both within the site and in the surrounding area, and where it is possible that an impact may occur off site as a result of on site processes. For more on construction method statements read writing a construction method statement to support a planning application.
Habitat enhancement (as required by the National Planning Policy Framework) should be specifically designed, to help meet targets set out in Wiltshire's Biodiversity Action Plan (BAP), for the latest Biodiversity Delivery Plan for Wiltshire please visit the Link2Nature (opens new window) web page. It should name the habitats/species it is designed to benefit and give justification as to its appropriateness. The consultant ecologist should input into the design of habitat enhancement which should be submitted as part of the planning application for approval by the local planning authority's planning officer and ecologist.
The Development Management Team offers a chargeable pre-application advice service for planning matters to help people with their planning applications. The ecology team provides advice as part of this service at the planning case officer's discretion. Under this service, the ecology team will guide developers to relevant information on the Council's ecology webpages. This service is most relevant to development where the ecological issues are routine.
For more complex or unique developments, especially in rural areas with multiple ecological considerations, it's recommended to use the Ecology Team's own chargeable pre-application service. This ensures a quicker and more thorough response with input from a senior ecologist. It uses staff dedicated to this service. The service is charged hourly, and typically involves online or in-person meetings, followed by an email summarising our views. Any advice provided becomes public once an application is submitted unless there are exceptional reasons.
Consider using the Ecology Team's service before seeking advice from the wider Development Management Team if you feel ecological factors could significantly impact your proposals.
Contact ecologychargeableservice@wiltshire.gov.uk (opens new window) to request further information.
From 12 February 2024 biodiversity net gain, or BNG, became mandatory under Schedule 7A of the Town and Country Planning Act 1990 as inserted by Schedule 14 of the Environment Act 2021 (opens new window). Most types of planning application must now provide at least 10% net gain for biodiversity. Comprehensive advice is provided at GOV.UK: Biodiversity net gain (opens new window).
Tools and guides for measuring the biodiversity value of habitat for BNG is provided at GOV.UK: Guidance - Statutory biodiversity metric tools and guides (opens new window). Developers with sites which qualify as GOV.UK: Small sites (opens new window) may use the simpler version of the metric called the GOV.UK: Small sites metric (opens new window). This has its own user guide.
Some applications including householder applications are exempt from BNG. Full details can be found at GOV.UK: Biodiversity net gain: exempt developments (opens new window).
Where an applicant believes the development would be subject to the biodiversity gain condition, the application must be accompanied by minimum information set out in Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015, see Paragraph: 011 Reference ID: 74-011-20240214 of GOV.UK: Biodiversity net gain guidance (opens new window).
To deliver net gain, a development must replace all units of biodiversity lost due to the development and provide an additional 10% of the original amount present on site. For example, a site assessed as having 10 biodiversity units prior to development must deliver 11 units after development.
The Council's policy for BNG is being considered by the Local plan review with a view to increasing the minimum net gain to 20%.
GOV.UK provides an explanation and examples of GOV.UK: Ways to achieve BNG (opens new window). The Biodiversity net gain hierarchy is set out in the Town and Country Planning (Development Management Procedures) (England) Order, Section 37A (opens new window).
Information for Developers
The following table summarises what Wiltshire Council would typically expect from a planning application to which BNG applies.
| Pre-application stage 1. Use the GOV.UK: Guidance - Statutory biodiversity metric tools and guides (opens new window) | You must use this tool to demonstrate how your proposal will deliver net gain. The tool compares the value of land using biodiversity units calculated before and after development. Advice on GOV.UK: Guidance - Calculate biodiversity value with the statutory biodiversity metric (opens new window) explains how to calculate biodiversity value using the metric. |
|---|---|
| Pre-application stage 2. Use a competent person | A competent person such as an ecologist must advise on calculations using the metric. That person must have a good knowledge of the user guide and condition assessment tool (GOV.UK: Guidance - Statutory biodiversity metric tools and guides (opens new window)) otherwise the metric is unlikely to meet planning requirements. |
| Pre-application stage 3. Collect data for the metric tool through a site survey | The metric tool must be populated with data from a Biodiversity Net Gain survey carried out prior to any implementation works such as vegetation removal or setting up construction compounds. This is additional to other ecological surveys. Habitats must be condition assessed in accordance with the condition assessment tool and be accurately mapped so their area can be calculated. |
| Pre-application stage 4. Use a simpler version of the metric tool for small sites | Developers with sites which qualify as small sites (opens new window) may use the simpler version of the metric called the small sites metric. This has its own user guide see GOV.UK: Guidance - Statutory biodiversity metric tools and guides (opens new window). |
| Application stage 5. Submit an unlocked electronic version of the metric or small sites metric tool | The start page of the unlocked electronic metric tool must show:
|
| Application stage 6. Ensure maps are valid | All maps must include a web-friendly scale bar and the direction of North. |
| Application stage 7. Secure significant biodiversity gain proposals by legal agreement | Significant biodiversity gain will be secured by a planning condition or a legal agreement (opens new window) which may be either a S106 agreement or a conservation covenant, see GOV.UK: Guidance - Getting and using a conservation covenant agreement (opens new window). |
| Pre construction phase 8. Submit further documents before you start construction | If planning permission is granted you must submit your final biodiversity gain proposals before any works commence. It will be helpful in most circumstances to share these documents with the local planning authority in draft before your application is determined. You must submit the following documents using the official templates available: |
| During and post construction phase 9. Submit monitoring reports during and post construction | Use the official Natural England: Habitat Management and Monitoring Plan Template (JP058) (opens new window) to submit monitoring details for a period of at least 30 years after development is completed. |
Information for Landowners
As a landowner, you may wish to manage land for biodiversity and obtain a financial return from the biodiversity credits this generates. This subject is dealt with on GOV.UK: Guidance - Meet your BNG requirements: steps to take for land managers (opens new window).
Landowners should employ an ecologist and use the GOV.UK: Guidance - Statutory biodiversity metric tools and guides (opens new window) to calculate the numerical value of parcels of land in their ownership to understand where the potential exists to generate credits. For example, improved grassland and marginal crop land have greater capacity to generate biodiversity credits than unmanaged areas of native scrub or deciduous woodland.
You may be able to stack credits and obtain payments for biodiversity, nutrients, and carbon from the same piece of land. You cannot sell credits for works being funded under an agri-environment scheme. However, you may be able to use the same land to create further enhancements and sell the credits these generate.
The council expects to complete the Wiltshire and Swindon Local Nature Recovery Strategy in 2025. Land identified in the strategy as being suitable for biodiversity enhancement may be more attractive to developers because it will be worth more biodiversity units.
The Council is keen to hear from landowners who have land they may wish to sell or set aside for biodiversity net gain. If you have undertaken a BNG assessment, this must be verified by the Local Planning Authority before it can be registered with Natural England and used to offset the effects of development. Contact ecologychargeableservice@wiltshire.gov.uk (opens new window) to request further information.
Special Areas of Conservation (SAC)
This Special Areas of Conservation (SAC) protects Bechstein's bats, lesser horseshoe bats and greater horseshoe bats at four underground sites which these bats use mainly during the autumn and winter for hibernation and socialising. The Habitat Regulations 2017 (as amended) also implicitly protects other habitats they use, throughout the year including smaller roost sites, feeding habitat and migration routes.
Select the relevant Biodiversity Mitigation Layer in the Planning Experience App (arcgis) (opens new window) to find out if your development lies within one of the impact zones for this SAC. Use the Bat S.A.C. developers' guidance (inc. Bath, Bradford on Avon, Chilmark and Mottisfont) (PDF, 1 MB)(opens new window) to find out how to design your development to avoid and mitigate impacts. This will reduce the risk of delays to your application which may arise if it fails an appropriate assessment.
Statutory information about the SAC is available from Natural England: European Site Conservation Objectives for Bath & Bradford on Avon Bats SAC (UK0012584) (opens new window).
Trowbridge Bat Mitigation Strategy
A large colony of Bechstein's bats associated with this SAC use woodlands south of Trowbridge for breeding. The woodlands are publicly accessible and it's recently emerged that recreation pressure is damaging bat habitat. The Council has therefore prepared a specific strategy to address this issue. The Trowbridge Bat Mitigation Strategy SPD (PDF, 5 MB)(opens new window) (also see Trowbridge Bat Mitigation Strategy - summary document of TBMS for planners and public (PDF, 379 KB)(opens new window)) is relevant to all new housing and tourist accommodation in the Trowbridge community area as well as parts of the Westbury and Melksham community areas. Select the relevant Biodiversity Mitigation Layer in the Planning Experience App (arcgis) (opens new window) to find out if your development lies within any of the three impact zones covered by the strategy.
The red zone lies immediately around the Bechstein's breeding sites. All habitat here is highly sensitive to disturbance and planning permission is unlikely to be granted here.
Habitat in the yellow zone is less sensitive and certain developments may therefore be permitted provided they meets site design requirements set out in the TBMS and summarised in the summary TBMS. In addition, a developer contribution (index linked to 2018) must be made to strategic bat mitigation as follows:
- For residential development, £777.62 per dwelling
- For all other development types, £23,310 per hectare
The grey zone overlaps the other two zones. Development here is likely to generate further recreational pressure in the woodlands. Developers will not pay directly for mitigation to offset recreational pressure. Instead, this will be calculated annually from the number of housing completions and taken from CIL receipts at the rate of £641.48 (index linked to 2018) per dwelling.
This SAC protects Bechstein's bats, barbastelle bats, lesser horseshoe bats and greater horseshoe bats at abandoned mines and subterranean follies near Chilmark in south Wiltshire. These roosts are mainly used during the autumn and winter for hibernation and socialising. The Habitat Regulations 2017 (as amended) also implicitly protects other habitats they use throughout the year, including smaller roost sites, feeding habitat and migration routes.
Select the relevant Biodiversity Mitigation Layer in the Planning Experience App (arcgis) (opens new window) to find out if your development lies within one of the mitigation zones. Use the Bat S.A.C. developers' guidance (inc. Bath, Bradford on Avon, Chilmark and Mottisfont) (PDF, 1 MB)(opens new window) to find out how to design your development to avoid and mitigate impacts. This will reduce the risk of delays to your application which may arise if it fails an appropriate assessment.
Statutory information about the SAC is available from Natural England: European Site Conservation Objectives for Chilmark Quarries SAC (UK0016373) (opens new window).
This SAC protects woodland used by a large population of breeding barbastelle bats. The Habitat Regulations 2017 (as amended) also implicitly protects other habitats they use throughout the year for roosting and as migration routes.
Select the relevant Biodiversity Mitigation Layer in the Planning Experience App (arcgis) (opens new window) to find out if your development lies within one of the mitigation zones. Use the Bat S.A.C. developers' guidance (inc. Bath, Bradford on Avon, Chilmark and Mottisfont) (PDF, 1 MB)(opens new window) to find out how to design your development to avoid and mitigate impacts. This will reduce the risk of delays to your application which may arise if it fails an appropriate assessment.
Statutory information about the SAC is available from Natural England: European Site Conservation Objectives for Mottisfont Bats SAC (UK0030334) (opens new window).
Despite being a military training area, Salisbury Plain supports many rare and declining habitats and species. One of the most sensitive is the stone curlew, a ground nesting bird which is easily disturbed by walkers and their dogs. The Council's Salisbury Plain SPA - HRA and mitigation strategy (PDF, 1 MB)(opens new window) explains that mitigation for new housing will be funded through the Community Infrastructure Levy. If development is unplanned or affects other species or habitats in the SAC / SPA, applicants will need to submit their own mitigation scheme. Select the relevant Biodiversity Mitigation Layer in the Planning Experience App (arcgis) (opens new window) to find out if your development lies within the mitigation zone.
Statutory information about the SAC is available from:
North Meadow is an exceptional example of a lowland meadow with world class populations of snakeshead fritillary flowers and is open to the public throughout the year. Natural England advises that visitor pressure is starting to impact the meadow and it is likely additional residential dwellings, or overnight accommodation will lead to the site losing its special interest. Wiltshire Council and neighbouring authorities have therefore prepared a joint Interim Recreation Mitigation Strategy (see Writing ecological surveys to inform the planning) based on visitor surveys. This seeks to avoid impacts in the short term until a longer-term strategy is agreed.
Developments required to make contributions include:
- all residential units (namely, C3 Use Class)
- annexes of residential/holiday/guest accomodation
- houses in Multiple Occupation (sui generis)
- residential institutions within the C2 Use Class where the residents are not severely restricted by illness or mobility
- student accommodation
- sites for Gypsy, Roma, Travellers and Travelling Showpeople
- tourist accommodation, including hotels, self-catering, caravan, and touring holiday accommodation.
There are two main user groups of North Meadow: local, year-round users who mainly live within 4.2 km of the SAC and those that live further away, up to 9.4 km from the SAC who come specifically to see the fritillaries during their flowering period.
Development in both zones must contribute towards Strategic Access Management and Monitoring (SAMMs) at the standard rate of £331.61 per unit of residential or tourist accommodation (net increase). Charges per unit updated from 1 October 2024. Costs Update Oct 2024 (OpenDocument text format, 73 KB)(opens new window)
Within the inner 4.2 km zones developments must also provide for Suitable Accessible Natural Greenspace (SANG). Developments with a net increase of less than 50 units are expected to make a contribution per unit, whilst developments of 50 units or more will normally provide SANG as part of the development following Natural England's guidelines for the creation of SANGs as far as is practical.
SANGs are not normally required for developments beyond 4.2 km. Requirements for all zones are set out below. Failure to make the contributions may lead to an unfavourable outcome in the appropriate assessment and planning delays.
| Zone | SAMM contribution per unit | Infrastructure Mitigation Projects/SANG contribution per unit | Total financial contribution to delivery of the strategy per unit |
|---|---|---|---|
| Inner zone (0-4.2 km) Relevant developments under 50 units | £331.61 | £480 | £811.61 |
| Inner zone (0-4.2 km) Relevant developments over 50 units | £331.61 | Normally provided within the development site as SANG | £331.61 |
| Outer zone (4.2 km-9.4 km) All relevant developments | £331.61 | N/A except for larger developments e.g. those that trigger the EIA Regulations), which will be considered on a site by site basis | £331.61 |
| Outside 9.4 km | N/A except for larger developments e.g. those that trigger the EIA Regulations), which will be considered on a site by site basis | N/A except for larger developments e.g. those that trigger the EIA Regulations), which will be considered on a site by site basis | N/A except for larger developments e.g. those that trigger the EIA Regulations), which will be considered on a site by site basis |
Natural England: Site Improvement Plan: North Meadow & Clattinger Farm (SIP152) (opens new window)
The River Avon SAC is one of the most biologically diverse rivers in Europe. Its waters are filtered through chalk rock which makes them rich in minerals and low in nutrients. On the Phosphorus and nitrogen mitigation we explain how new development in the SAC catchment, also referred to as the Hampshire Avon catchment, harms the river by increasing nutrient levels. You should refer to the advice on that page if you propose development which will generate wastewater effluent within the catchment. Additionally there are other ways the river can be affected by development, particularly where it comes within 20m of the river.
The Council will not normally permit any increase in area of urban structures or hardstanding where this leads to a loss of habitat or green infrastructure within 20 metres of the top of the riverbank. Where redevelopment is proposed within 20m of the riverbank, the urban footprint should be reduced so that biodiversity net gain can be delivered in this zone. In addition, consideration should be given to the impact of any increased recreational use of the river resulting from the development.
Planning applications which will require temporary works or redevelopment within 20 metres of the riverbank to be accompanied by a construction method statement or CEMP. This should demonstrate how physical impacts to the river habitats and changes in its water chemistry will be prevented or otherwise controlled. Where invasive non-native species occur on a site which adjoins the river, details must be provided of how these will be removed in line with legal requirements and government guidance.
New arrangements for mitigating impacts to the New Forest protected sites
The Interim Recreation Mitigation Strategy for the New Forest Internationally Protected Sites (January 2022) is being revised and this has implications for development within the 13.8 km and 15 km zones of influence. The revised document will be available shortly but, in the meantime, here is a summary of what the changes mean for development.
On 7 May 2024, Cabinet approved revised mitigation measures to manage recreational pressures on the New Forest protected sites. This includes the requirement for Strategic Access Management and Monitoring (SAMM) measures for all residential and tourism / visitor accommodation development within the 13.8 km zone of influence to be funded by developer contributions at a rate of £600 (plus legal and admin fees) per unit of residential or tourism accommodation. This revision applies to all development coming forward through planning permission or permitted development which results in a net increase in residential / accommodation units within 13.8 km of the New Forest protected sites. Evidence for the proposed change comes from the New Forest SAMM report which was commissioned by all local planning authorities lying within the 13.8 km zone to find a consistent strategic approach to mitigation. Former arrangements for large developments lying within the 13.8 km to 15 km zone continue to apply, that is, mitigation may be required on a site by site basis if they risk impacting the protected sites.
| Development class | Distance from protected sites | Development type | Mitigation approach |
|---|---|---|---|
| Residential | 0 - 13.8 km | Greenfield and brownfield sites of 1-49 units | Contribution of £600 per dwelling for Provision of SANG and contribution of £600 per dwelling for SAMM (via S106 or S111). |
| Residential | 13.8 - 15 km | Greenfield and brownfield sites of 50+ units | Mitigation to be determined on a site by site basis for EIA scale development and / or where HRA demonstrates potential for adverse effects. |
| Visitor accommodation | 0 - 13.8 km | 1-49 units | Contribution of £600 per unit for SAMM (via S106 or S111). |
| Visitor accommodation | 0 - 13.8 km | 50+ units | Contribution of £600 per unit for SAMM (via S106 or S111) and need for mitigation in the form of appropriate GI to be determined on a site by site basis and / or where HRA demonstrates potential for adverse effects. |
| Visitor accommodation | 13.8 - 15 km | Larger developments - EIA scale development | Mitigation to be considered on a site by site basis for very large developments where HRA demonstrates potential for adverse effects. |
Financial contributions will be secured by section 106 agreements or unilateral undertakings agreed as part of planning applications with payments due prior to commencement. Alternatively, applicants can submit a section 111 of the Local Government Act 1972 Agreement Form agreeing to make the relevant payment on receipt of the appropriate invoice, prior to determination. Applicants to liaise with case officer for payments. You can use this Ecological Mitigation Contribution Costs Calculator (Excel doc, 17 KB)(opens new window) as a guide of likely costs for your planning application. The exact amounts will be confirmed through the formal planning applications process.
Unilateral undertakings and section 106 agreements
Unilateral undertakings and section 106 agreements are generally to be used for planning applications of over ten properties.
For simple agreements, the following charges apply.
| Legal agreement type | Charge |
|---|---|
| Simple Unilateral Undertaking | £950 |
| Simple Section 106 agreement | Up to £2000 |
| More complex Section 106 agreement | Between £3000 to £4000 |
Section 111 agreements
Generally Section 111 agreements can be used for planning applications of ten properties or less.
| Planning application type | Charge |
|---|---|
| Five properties or less | £275 |
| Between six and ten properties | £375 |
This is a guideline only and these fees will be determined by the legal team on completion of work.
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