The Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) Supplementary Planning Document (SPD) focuses on the mitigation that is necessary to protect the wildlife of the Essex Coast from increased visitor pressure associated with new residential development in-combination with other plans and projects, and how this mitigation will be funded. The SPD forms technical planning guidance. The Essex Coast RAMS SPD is provided in Appendix A of the report.

The Essex Coast RAMS SPD accompanies the strategic approach to mitigation. The overall Strategic Document is provided in Appendix B of the report. It provides a mechanism for local planning authorities to comply with their responsibilities to protect habitats and species in accordance with the UK Conservation of Habitats and Species Regulations 2017 (the ‘Habitats Regulations’). It sets out a tariff to be charged for new residential development within the affected area that would contribute to the mitigation measures on the Essex coastline. The overall cost for the mitigation package is estimated to be £8.9 million up to 2038. The SPD formalises the arrangements for securing the developer contribution of £125.58 per dwelling.

The Essex Coast RAMS SPD had been brought to Planning and Licensing Committee at different stages of its preparation (12 March 2019 and 18 December 2019). Public consultation took place in early 2020. Following this, a consultation report was produced and minor changes made to the final SPD as a result. The consultation report is provided in Appendix C of the report.

This work had been undertaken through a partnership approach between the 12 Essex authorities affected and Natural England in an advisory role. A letter from Natural England to endorse the approach is provided in Appendix D of the report. Each of the Essex authorities affected were taking the Essex Coast RAMS SPD through their decision-making processes for adoption. A partnership agreement between the Essex authorities for the management and administration of the RAMS tasks and funds is being prepared. A draft version of the partners agreement is provided in Appendix E of the report.

An overall zone of influence from the Essex coastline has been determined following surveying and other evidence. This was made up of a number of zones from specific points on the coast. This zone results in the Essex authorities involved in the work.  The zone of influence extends to a small part of the north-eastern corner of Brentwood Borough, including part of Ingatestone village. A map showing the extent of the zone of influence within the borough is provided in Appendix F of the report.

Cllr Hossack MOVED and Cllr Jon Cloke SECONDED the recommendations in the report.

A vote was taken by a show of hands and was RESOLVED UNANIMOUSLY.

Members are asked to:

R1. Approve the Essex Coast RAMS SPD for adoption (Appendix A);

R2. Delegate powers to the Director of Planning and Economy to make

minor changes to the Essex Coast RAMS SPD if required, in

consultation with the Leader of the Council, Chair of Planning and

Licensing Committee, and the Chief Executive; and

R3. Authorise that the Director of Planning and Economy put a process

in place to implement, collect, monitor, and pay the tariff to the

accountable body of the partnership (Appendix E).

Reasons for Recommendation

Local planning authorities have the duty, by virtue of being defined as

‘competent authorities’ under the Habitats Regulations, to ensure that planning decisions do not adversely affect the integrity of habitat sites. The Council isnot obligated to prepare or adopt an SPD; however, a decision not to do so would not remove the Council’s duties under the Habitat Regulations and would not remove the need to implement the RAMS, or another appropriate strategy,to avoid or mitigate the impacts of new housing on the integrity of habitat sites.

Failure to avoid or mitigate the impacts of recreational disturbance arising from new housing in the determination of planning applications would leave

decisions vulnerable to legal challenge. The RAMS Strategy Document and

accompanying RAMS SPD are intended to ensure the Council’s obligations

under the Habitats Regulations are effectively discharged. Therefore, the

recommendation is that the Council approve the RAMS SPD for adoption to

form part of planning policy and inform the decision-making process for

residential development in the small part of the borough within the zone of

influence (part of Ingatestone, Fryerning and Mountnessing Ward, see

Appendix F).

Each partner local authority needs to take the RAMS SPD to their relevant

committee for approval to adopt. As such, some changes may be needed to

the document as requested by partners through those democratic decision making processes. Therefore, it is recommended that delegated power be given to the Director of Planning and Economy to make minor changes to the SPD if required prior to it being formally adopted by all partners, in consultation with the Leader of the Council, the Chair of Planning and Licensing Committee and the Chief Executive.

Processes will need to put in place to implement, collect, monitor and pay the

tariff charged to the relevant residential development and then transferred from the Council to the accountable body of the partnership to administer the fund.  As the partner authorities continue to work together to administer the RAMS it is recommended that the Director of Planning and Economy be given delegated powers to enable the Council to play its part in administering funds collected. Although the area of the borough affected is small and therefore funds to be collected in Brentwood Borough are projected to be low in comparison with other authorities in the partnership, a consistent process needs to be in place across the wider area. This includes finalising the Essex Coast RAMS Partnership Agreement, which requires further legal input.