Agenda item

To consider a report seeking approval of a proposed Coastal Mitigation Supplementary Planning Document for adoption to inform the consideration of planning applications for development.

Cabinet received a report which outlined a proposed Coastal Mitigation Supplementary Planning Document (SPD) for adoption to inform the consideration of planning applications for development.   

Following approval on 1 May 2019 to publish a Draft Coastal Mitigation SPD, public engagement with a range of key stakeholders had taken place between 16 May and 1 July 2019. The feedback received from this consultation had been considered to help prepare the proposed SPD.

This Draft SPD supplemented the implementation of the Local Plan and provided additional guidance and information on the mitigation expected to be required from development within North Tyneside to prevent adverse effects on internationally designated sites. International sites of relevance to North Tyneside were locations on the north east coast that provided important habitat for protected bird species and important geological features. These locations were the Northumbria Coast Special Protection Area (SPA), which extended along the coastline between the Tweed and Tees Estuaries and included the rocky foreshore at Browns Point, St Marys and the mouth of the Tyne; and the Durham Coast Special Area of Conservation (SAC) which extended from Blackhall Rocks to Trow Rocks, south of the Tyne. Given their location, both designations could experience increased disturbance from visitors associated with new development in this Borough.

The Authority had a duty under the Conservation of Habitats and Species Regulations 2017 to ensure that it did not give consent, such as through a planning application, to any plan or project that could have an adverse effect upon the integrity of an SPA or SAC.  Evidence prepared to inform development of the Local Plan established that any development that potentially increased the number of visitors to the coast, such as new homes or visitor accommodation, could have a potential adverse effect upon European sites.

The SPD proposed coastal mitigation in the form of a warden service funded by developer contributions secured as planning obligations. The wardens would undertake survey and monitoring work to gain further understanding of the impact of increased visitors and would identify appropriate works to mitigate the impacts identified. This could include the installation of fencing, provision of new footpaths, or other awareness raising initiatives.

The SPD proposed a tariff based approach to contributions for new residential and tourist development. The tariff was set higher for development within 6km of the coast, from where evidence showed the highest number of visits were generated. Rates had been set at a level to provide sufficient income to employ equipped wardens and cover estimated project costs during the Local Plan period to 2032 based on the number of new homes expected to be built in this period.

Payment was not mandatory but was an alternative to developers offering scheme specific mitigation where it could be difficult to predict specific impacts and provide mitigation at a strategic level. The proposed approach followed the advice of Natural England and steps already taken by some neighbouring authorities. For other types of development, developers would need to consider mitigation on a scheme specific basis.

It was planned to review the SPD annually, in the context of monitoring information showing the condition of the designated areas and the extent and impact of disturbance on them, to ensure the level of contributions remained fair and reasonable. A steering group was proposed to ensure joint working with Northumberland County Council and Natural England.

The SPD had undergone a process of engagement, the outcomes of which and responses to, were appended to the report.

The Elected Mayor welcomed the report and associated work around the adoption of the Coastal Mitigation SPD.

Cabinet considered the following decision options: to accept the recommendations set out in paragraph 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that (1) the responses received to the engagement on the draft Coastal Mitigation Supplementary Planning Document (SPD) be noted;

(2) the adoption of the proposed Coastal Mitigation SPD be approved.

(Reasons for decision: The adoption of an SPD will allow for the Authority to fulfil the requirements of international and national legislation, and local and national planning policy, ensuring that adverse effects upon European Sites are avoided.

A failure to introduce the strategy risks the Authority being unable to demonstrate that the impacts of development on European Sites are mitigated.  This would potentially render the approval of development in the Borough through the grant of planning permission unlawful.)