The Council requires that a Habitats Regulations Assessment is undertaken on all proposals for development that are likely to have a significant effect on The Breckland Special Protection Area (SPA) which is classified for its populations of Stone Curlew, Woodlark and Nightjar, and/or Breckland Special Area of Conservation (SAC), which is designated for its heathland habitats. Development will only be permitted where it can be demonstrated that the proposal will not adversely affect the integrity of the SPA or the SAC.
Stone Curlew
Plan level Habitats Regulations Assessment has been undertaken to identify where built development is likely to significantly affect the Breckland SPA. Map 5.1 identifies a 1,500m buffer zone from the edge of those parts of the SPA that support, or are capable of supporting, Stone Curlew, where new built development would be likely to significantly affect the SPA population. The plan level Habitats Regulations Assessment also identifies areas that have a functional link to the SPA, because they support Stone Curlew outside, but in close proximity to the SPA boundary. These areas also have a 1500m buffer zone, within which new built development would be likely to significantly affect the SPA population.
A conclusion of no likely significant effect can be met where the proposed building is located further than 1500m away from the SPA boundary (red primary buffer) or the identified (blue secondary buffer) or possible (orange square cells) areas that have a functional link (see Map 5.1).
Development within the SPA boundary, or located less than 1500m away from the SPA boundary or identified areas that have a functional link (see Map 5.1) will not normally be permitted.
Where a proposed building is outside the SPA but within 1500m of the SPA boundary or identified or possible areas that have a functional link (see Map 5.1), there may be circumstances where a project level Habitats Regulations Assessment is able to demonstrate that the proposal will not adversely affect the integrity of the SPA. For agricultural buildings, applicants must provide evidence to show how their proposal meets the criteria listed in Natural England’s “Agricultural Buildings and the Breckland SPA Stone Curlew constraint zone” advice note, or successor document. Circumstances where the proposal is able to conclusively demonstrate that it will not result in an adverse effect on Breckland SPA may include where the proposal is:
- More than 1500m away from potential stone curlew inside the SPA;
- A new building that will be completely masked from the SPA by existing built development;
- A proposed re-development of an existing building that would not alter its footprint or increase its potential impact;
- A new agricultural building of less than 120 sqm;
- An extension to existing agricultural buildings of less than 120 sqm or 100% of the original, whichever is less.
Large developments adjacent to, or just outside the primary or secondary buffer, particularly where occurring in an isolated area with few other buildings, are likely to also require project level assessment.
Woodlark and Nightjar
Development within 400m of the SPA that support, or are capable of supporting Woodlark and/or Nightjar will not normally be permitted. The Council will consider the need for a Habitats Regulations Assessment to determine the implications of development on Nightjar and Woodlark on a case by case basis, depending on the location and nature of the proposal.
Recreation pressure and urban effects
Plan level Habitats Regulations Assessment has identified the potential for increased disturbance to Nightjar, Woodlark and Stone Curlew as a result of recreation, and the potential for other urban effects such as increased fire, litter and eutrophication to significantly affect Breckland SPA and SAC.
Monitoring and Mitigation Framework
The Council commits to a framework of measures that will enable it to coordinate the necessary monitoring and mitigation measures required to demonstrate that the increases in visitor pressure arising from new development in the District will be addressed before adverse effects on European sites occurs. These will include as a minimum the following measures to be implemented following adoption of the Plan:
- Creation of an advisory group;
- Production of a monitoring programme;
- Identification of mitigation measures; and
- Defining funding to support the above measures.
The Council will work with partners to develop a framework for managing and monitoring urban effects. Proposals for development where urban heaths at Thetford (Barnham Cross Common, Thetford Heath, Thetford Golf Club and Marsh), East Wretham or Brettenham are likely to be used as local greenspace will need to demonstrate the inclusion of mitigation measures that contribute to the framework to address the potential impact urban effects on Breckland SPA/SAC.