FAVOURABLE CONSERVATION STATUS

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1 Agenda Item No. 10 COUNCIL - 11 FEBRUARY 2016 Summary FAVOURABLE CONSERVATION STATUS This report seeks Council approval of proposals to implement some of the key objectives of the approved Woking 2050 Strategy and the emerging Natural Woking Strategy. It is proposed that Woking Borough Council supports the UK s achievement of favourable conservation status for protected habitats and species, by positively supporting those present in Woking Borough. The Council and Natural England are working together on the first phase, a pilot project to support Great Crested Newts (GCN) whilst supporting timely development. This project and potential later phases will also support the delivery of timely development and, in this way, the local economy. The detailed workings of the GCN scheme are being developed, informed by a focused consultation with relevant partners and special interest groups. A comprehensive explanation of the project will be considered by the Executive at its meeting on 17 March as a part of the forthcoming biodiversity and green infrastructure strategy, Natural Woking. It is the intention to establish further projects to support other protected species in the future, details of which will be considered by the Executive. To facilitate launch of this pilot project at the end of March 2016, the Council is asked to agree the principle of this GCN pilot project and to authorise officers to establish further bespoke initiatives to support specific species and habitats. In addition, Council is requested to authorise the Executive to agree the detailed operational and financial arrangements for both the current GCN and other future projects. Reasons for Decision To support local populations of great crested newt and other protected species/habitats, and assist development, in accordance with the Woking 2050 climate change strategy, the Core Strategy development plan, and the forthcoming Natural Woking biodiversity and green infrastructure strategy and guidance. Recommendations The Council is requested to: RESOLVE That (i) (ii) (iii) the Great Crested Newt pilot project and future bespoke initiatives to support specific species and habitats be supported, subject to approval by the Executive; the Executive be authorised to approve the Great Crested Newt pilot and other future species/habitat-focused projects that may be pursued in furtherance of the Natural Woking Strategy; and Officers are authorised, in partnership and liaison with relevant organisations, to bring forward proposals for further species/habitat-focused projects to be determined by the Executive. The Council has authority to determine the recommendations above. 1 WBC15-032

2 Favourable Conservation Status Background Papers: Core Strategy (2012) Equalities Impact Assessment Sustainability Impact Assessment Woking 2050 Climate Change Strategy (2015) Project Work Book Reporting Person: Douglas Spinks, Deputy Chief Executive Ext. 3440, E Mail: Douglas.Spinks@woking.gov.uk Contact Person: Tracey Haskins, Corporate Policy Manager Ext. 3477, E Mail: Tracey.Haskins@woking.gov.uk Portfolio Holder: Cllr Beryl Hunwicks E Mail: CllrBeryl.Hunwicks@woking.gov.uk Shadow Portfolio Holder: Cllr Ken Howard E Mail: CllrKen.Howard@woking.gov.uk Date Published: 3 February

3 Favourable Conservation Status 1.0 Introduction 1.1 A key objective of the Council in preparing the forthcoming Natural Woking biodiversity and green infrastructure strategy is to support the UK s achievement of favourable conservation status for protected habitats and species, by positively supporting those present in Woking Borough. 1.2 The term comes from the 1992 Habitats Directive, which requires European member countries to maintain or restore, at favourable conservation status, particular natural habitats and species, of wild flora and fauna. Protected species are assessed nationally as being one of the following conditions: favourable, unfavourable-inadequate, unfavourable-bad, or unknown. 1.3 The Council has a range of project ambitions to support habitat protection, restoration and creation, accessibility and connectivity, for sustainable populations of protected species and habitats. In discussion with Natural England, the great crested newt has been prioritised for attention first. Subsequent initiatives will support other species and habitats, potentially including common bats, dormice and water voles. Great Crested Newts and development 1.4 The Great Crested Newt (GCN) is one of our most striking aquatic amphibians but has suffered from loss of habitat. England supports a number of significant breeding populations but our knowledge of their size and distribution is limited. As a European protected species, it is illegal to capture, kill, injure or disturb them without a licence from Natural England. A 2007 national assessment concluded the species has an overall conservation status of unfavourable-inadequate. 1.5 The Woking Core Strategy provides a clear long term plan for future development in the Borough. The Council is currently preparing documents - the Development Management Policies and Site Allocations - to direct and deliver the homes and other development and supporting infrastructure planned. 1.6 National planning policy requires developers to avoid mitigate - compensate for the impacts of development on protected species like great crested newts. Where compensation is required, developers on sites with great crested newts are required to carry out a survey and assessment before applying to Natural England for a licence to move the amphibians before building work can begin. 1.7 This can be costly and time-consuming and, because it is restricted to the newt s active season (March to June and September to October) can delay the assessment and grant of planning permission for building works. 1.8 It is also a quite rigid and reactive way of protecting the species, which tends to emphasise a narrow site-based focus rather than managing their population as a whole. The conservation status of the overall population in an area is sometimes not helped by this approach as it has a tendency to squeeze the newts in around development rather than putting their habitat first. 1.9 To see if a better way could be found which better supports the great crested newt population in Woking Borough, Natural England and the Council are developing and trialling an alternative approach. 3

4 Favourable Conservation Status 2.0 Strategic approach 2.1 The proposed pilot takes a more proactive and strategic approach to protection, focusing conservation on the newt populations and habitats that will bring the greatest benefits to their overall population. 2.2 Alongside creating strongholds for great crested newt, the approach will streamline the delivery of much-needed development, avoiding conflicts and easing this constraint on the layout and design of development land. This project and potential later phases of the Favourable Conservation Status initiative will therefore support the delivery of timely sustainable development in line with the Core Strategy and, in this way, also the local economy. In summary, the Council will establish new habitat for the newts where these will most benefit with wider network of habitat. When development comes forward that would result in habitat loss, the habitat gains will already be in place to balance this out. Whilst some individual amphibians will be affected, the local newt population overall will be improved. 2.3 The pilot approach has potential to bring multiple benefits: Proactive habitat creation for the protected species, outweighing losses through development; a more flexible and streamlined licencing process for great crested newts, potentially reducing delays during and after the development planning process, with associated reduced costs; Innovative new survey technique developed to identify existing newt populations; and the opportunity to gain new knowledge about Great Crested Newts in Woking now and in the future (through ongoing monitoring). 2.4 The pilot will employ four main stages: 1. Natural England surveys the Borough to establish the size, location and connectivity of existing great crested newt populations; 2. Natural England uses the survey information to produce a conservation strategy for great crested newts; 3. Woking Borough Council prepares detailed management plans for new/improved habitat (compensation sites) and begins their set up and implementation; 4. Following launch of the pilot, and new/improved habitat creation, developers are able to voluntarily choose to take advantage of the new streamlined approach to planning and protected species licencing, giving a net saving of time and money. Modest developer contributions will be taken to assist habitat creation and maintenance. 2.5 A monitoring programme will be put in place to provide regular information on the conservation status of overall great crested newt populations in the Borough. The monitoring results will be used to inform any adjustment needed to maintain the effectiveness of the project and to ensure that contributions are set at a viable rate. 2.6 The duration of this first pilot is to be determined. This decision will be guided by monitoring of the take up and outcomes of the pilot over time. If successful, consideration will be given to making the scheme permanent. Natural England will also consider the suitability of rolling out similar strategic approaches to great crested newts elsewhere in the country. 4

5 Favourable Conservation Status 2.7 A document setting out the detail of the project will be considered by the Executive next month. It is intended that this information will form an appendix of the Natural Woking Supporting Information document. Additional appendices will be added over time to explain how each new species initiative will work and how interested parties can get involved. 3.0 Implications Financial 3.1 The Council will need to finance the design, provision and maintenance of the new habitat for Great Crested Newts that will be the compensation sites. Land within Woking Borough Council ownership is being targeted for use for this purpose. 3.2 Developers will contribute towards this in line with forthcoming guidance on how the pilot will operate (to be considered by the Executive on 17 March), however developer contributions are not expected to cover the Council s costs in full and this pilot project is therefore not anticipated to break even. The main objective of the project is to support local biodiversity and to secure this for future generations. The long term financial commitment of the Council is required to ensure the new habitats created would be appropriately maintained for at least 25 years from their establishment. However, it is anticipated at this stage that ongoing maintenance costs of the compensation habitats will be no greater than the Council s existing maintenance costs for the land. 3.3 An initial estimate of 50,000 has been allocated over 2015/16 and 2016/17 financial years, to fund the initial and monitoring survey work and the design, prepare management plans for, and deliver, compensation habitat to deliver the project. It is essential that suitable compensation site(s) are in place to provide a viable newt habitat before any development commences on site which intends to rely on the pilot project to fulfil its biodiversity requirements. Natural England and Woking Borough Council are equally sharing the costs of the initial GCN edna water survey costs. The Council s project costs will be funded initially by Council revenue reserves with some future contributions from developers. 3.4 The cost of this initial work is being met from the New Homes Bonus as reported in the general Fund Budget recommended by the Executive. Human Resource/Training and Development 3.5 Whilst specific expertise will be brought in to support the project (for example ecology expertise to develop management plans), the majority of resources will be drawn from Woking Borough Council s Green Infrastructure team and Neighbourhood Services colleagues. 3.6 Subject to the Natural Woking strategy being approved by the Executive in March 2016, including the detail of how this pilot will operate, it is proposed that a Member training session be arranged to raise awareness of these and Woking 2050, their key themes and objectives. Community Safety 3.7 There are no community safety implications. 5

6 Favourable Conservation Status Risk Management 3.8 The risks associated with not trialling this new approach are the opportunities lost to improve habitat provision and connectivity for this protected species, to increase support for timely development to meet the Borough s identified needs, and to raise the profile of the Council s commitment to the natural environment and the benefits this can bring for quality of life and the local economy. Sustainability 3.9 This pilot project will support delivery of sustainable development in the Borough, in line with the Core Strategy. It will also contribute towards the achievement of Woking 2050, the Council s overarching vision and strategy, to coordinate efforts to create a sustainable Borough by reducing our impact on the environment The initiative will also be an early action of the forthcoming Natural Woking biodiversity and green infrastructure strategy and guidance. Equalities 3.11 There are no equalities implications. 4.0 Consultations 4.1 Early information about this pilot project featured in the Woking 2050 report to Council considered on 24 September 2015 (see paragraphs ). 4.2 The Portfolio Holder for Environment and Sustainability (who is also the Chair of the Climate Change Working Group) has been consulted through and following the Climate Change Working Group 1 December 2015 meeting. Other relevant portfolio holders and colleagues have also been briefed. 4.3 A four week focused consultation with conservation and other special interest groups, including members of the Climate Change Working Group, took place 13 January to 10 February 2016 inclusive. The final document setting out the project will reflect amendments in light of the feedback received and will be considered by the Executive on 17 March as a part of the Natural Woking report. REPORT ENDS WBC

7 Eliminate discriminatio n Advance equality Good relations Equality Impact Assessment The purpose of this assessment is to improve the work of the Council by making sure that it does not discriminate against any individual or group and that, where possible, it promotes equality. The Council has a legal duty to comply with equalities legislation and this template enables you to consider the impact (positive or negative) a strategy, policy, project or service may have upon the protected groups. Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Gender Men Women Gender Reassignment Race White Mixed/Multiple ethnic groups Asian/Asian British Black/African/Caribbean/ Black British Gypsies / travellers Other ethnic group 7

8 Eliminate discriminatio n Advance equality Good relations Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Disability Sexual Orientation Physical Sensory No specific impacts identified for particular individuals or groups within the community. However overall the scheme has potential to positively impact Learning Difficulties upon those developing land within Woking Borough by giving a net saving of time and money where ecological surveys and in Mental Health Lesbian, gay men, bisexual some cases also mitigation works would otherwise be required to address the presence of great crested newts on site or close by. Age Religion or Belief Older people (50+) Younger people (16-25) Faith Groups Pregnancy & maternity Marriage & Civil Partnership Socio-economic Background The purpose of the Equality Impact Assessment is to improve the work of the Council by making sure it does not discriminate against any individual or group and that, where possible, it promotes equality. The assessment is quick and straightforward to undertake but it is an important step to make sure that individuals and teams think carefully about the likely impact of their work on people in Woking and take action to improve strategies, policies, services and projects, where appropriate. Further details and guidance on completing the form are available. 8

9 Sustainability Impact Assessment Officers preparing a committee report are required to complete a Sustainability Impact Assessment. Sustainability is one of the Council s cross-cutting themes and the Council has made a corporate commitment to address the social, economic and environmental effects of activities across Business Units. The purpose of this Impact Assessment is to record any positive or negative impacts this decision, project or programme is likely to have on each of the Council s Sustainability Themes. For assistance with completing the Impact Assessment, please refer to the instructions below. Further details and guidance on completing the form are available. Theme (Potential impacts of the project) Use of energy, water, minerals and materials Waste generation / sustainable waste management Positive Impact Negative Impact No specific impact What will the impact be? If the impact is negative, how can it be mitigated? (action) Pollution to air, land and water Factors that contribute to Climate Change Protection of and access to the natural environment Travel choices that do not rely on the car A strong, diverse and sustainable local economy Meet local needs locally Opportunities for education and information Provision of appropriate and sustainable housing Personal safety and reduced fear of crime This pilot project seeks to support great crested newts through the provision of new habitat of greater quantity and quality than any that may be lost through development, ensuring an overall strategic gain for the species in Woking Borough. The pilot will support development and so local economy in line with the Core Strategy, by reducing delays and costs for developers. The pilot will support development including of homes in line with the Core Strategy, by reducing delays and costs for developers. The pilot will support development including of homes in line with the Core Strategy, by reducing delays and costs for developers. Equality in health and good health 9

10 Access to cultural and leisure facilities Social inclusion / engage and consult communities Equal opportunities for the whole community Contribute to Woking s pride of place 10