To support the planning application process proposals should take into consideration and developers may choose to progress in accordance with the latest versions of council and wider HRA guidance documents and strategies.
These strategies are intended to facilitate HRA assessment by providing a coherent strategic approach to the delivery of mitigation requirements whilst avoiding unnecessary duplication of assessment effort. These documents include (existing and pending production and as such may be superseded and updated):
• South East Devon Wildlife - Joint Habitats Sites Mitigation Strategy (existing);
• Beer Quarry Caves SAC Guidance Document (existing);
• Exmouth Imperial Recreation Ground Events Protocol (existing);
• River Axe SAC Mitigation Strategy (proposed);
• Pebblebed Heaths air quality mitigation strategy (interim draft completed full strategy in production).
Details of mitigation strategies as well as specific policy considerations applicable to sites are set out below.
The South-East Devon Wildlife – Joint Habitats Sites Mitigation Strategy (2024)
In respect of the Exe Estuary SPA and the East Devon Pebblebed Heaths SPA/SAC (and Dawlish Warren SAC in Teignbridge District) an over-arching strategic approach to HRA mitigation has been established with and a new strategy agreed in 2025.
All residential development schemes within a straight line 10 kilometres distance of any part of the European sites will be required to provide mitigation to offset increased recreational pressure associated with new development.
Development within 400m of the East Devon Pebblebed Heaths – SPA and SAC
Predation of birds by domestic cats, direct recreational disturbance, dog related impacts and urban effect impacts are identified as a particular concern on the East Devon Pebblebed Heaths. To help preserve the integrity of the East Devon Pebblebed Heaths, specifically on account of these potential impacts, new dwellings and tourist accommodation or other developments that may result in unacceptable impacts will not be permitted on or within 400 metres of the Pebblebed Heaths.
Nutrient neutrality in the River Axe SAC catchment
EDDC requires development proposals within the River Axe SAC catchment to demonstrate how nutrient neutrality will be achieved in accordance with the latest guidance and nutrient budget calculator provided by Natural England or local calculator (if subsequently approved). Non-standard proposed mitigation techniques will require evidence of their effective use elsewhere and/or utilisation of Natural England Discretionary Advice Service.
Protection of Beer Quarry Cave SAC bat pinch points between Seaton and Colyford, and between Colyford and Colyton
In order to protect bat pinch points (semi-natural habitats between Seaton, Colyford, and Colyton) and secure their long-term suitability for the SAC bat species, the council will not support any applications which reduce the quality or functionality of the bat foraging and commuting habitats within these pinch points, such as through hedgerow\tree loss and adverse impacts from lighting. The objective is for these pinch points to be retained in perpetuity and enhanced where possible in order to guard against potential future development pressure.
Vehicle emissions impacting on designated sites
Development will not be permitted where there is potential for increased vehicle numbers, applying a precautionary approach, resulting in unacceptable increases of emissions of nitrogen oxides (NOx) and/or ammonia (NH3) or other polluting emissions falling on designated sites. Emissions coming from internal combustion engine vehicles are a specific concern where they exceed threshold levels of harm to designated sites falling under this policy (specifically at the Pebblebed Heaths). For the Pebblebed Heaths assessment work shows that development across large parts of East Devon will lead to extra traffic on roads crossing the heaths with increased emissions from internal combustion engine vehicles. Modelling in support of the local plan demonstrates that (in the absence of mitigation) nitrogen oxides (NOx) and ammonia (NH3), from internal combustion engine vehicles will lead to pollutant levels exceeding threshold levels of harm.
In respect of the Pebblebed Heaths a specific policy break clause applies. Under this break clause any proposal that results in a net increase in emissions from traffic (along the relevant roads), will only be permitted where there is sufficient headroom and there will be no deterioration in site quality as a result of the proposal. Monitoring will be undertaken to determine and assess site quality and application of the break clause. Under the break clause, if emissions occur and at a level that causes harm, the granting of planning permission for new development will depend upon the monitoring and associated assessment demonstrating that there is and has been no deterioration in site quality to any site part/s that development will generate future vehicle flows over.
Pebblebed Heaths air quality mitigation strategy
The Council is working on production of the ‘Pebblebed Heaths air quality mitigation strategy’. This strategy will identify a suite of costed mitigation measures, specifically including promoting accelerated uptake of electric vehicles, that will ensure delivery of mitigation and therefore allow for individual planning application compliance under the Habitat Regulations. In application of this strategy the policy break clause, with associated phasing considerations, will be applied in the use of plan policy. The break clause will manage and control planning permissions being granted and any associated conditions attached, or permissions being refused, on account of failings in respect of assessment under the Habitat Regulations and specifically mitigation delivery.
Developer use or not of mitigation strategies
Applicants may draw on the strategies listed in this policy and choose to fall under their requirements in terms of seeking planning permission or they have the choice to undertake their own assessment work and if appropriate identifying mitigation measures. If not falling under these strategies the planning authority, in respect of undertaking assessment under the Habitat Regulation, will nonetheless consider any such work submitted in the context of the strategies.
To be granted planning permission development proposals must clearly demonstrate that mitigation can and will be provided to ensure no adverse effect on the integrity of any European site. There is a need to identify and secure mechanisms through which delivery will be achieved, secured in perpetuity, and delivered within agreed timescales.
This policy applies across the whole plan area including the Cranbrook Plan area.