Date:
20 August 2014
Our ref: 12974
Your ref: 14/02715/FUL
Mr C Griggs-Trevarthen
Environment & Planning
Bath & North East Somerset Council
Guild Hall, High Street
Bath BA1 5AW
BY EMAIL ONLY chris_griggs@bathnes.gov.uk
Customer Services
Hornbeam House
Crewe Business Park
Electra Way
Crewe
Cheshire
CW1 6GJ
T 0300 060 3900
Dear Chris
Planning consultation: 14/02715/FUL Construction of a new surface-level car park with 169
spaces and access road
Location: North West of Campus, Claverton Down, Bath
Thank you for your consultation on the above dated 15 August 2014 which was received by Natural
England on the same date.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the
natural environment is conserved, enhanced, and managed for the benefit of present and future
generations, thereby contributing to sustainable development.
The Wildlife and Countryside Act 1981 (as amended)
The Conservation of Habitats and Species Regulations 2010 (as amended)
Internationally and nationally designated sites
1. The application site is within or in close proximity to a European designated site (also
commonly referred to as Natura 2000 sites), and therefore has the potential to affect its
interest features. European sites are afforded protection under the Conservation of Habitats
and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The application
site is in close proximity to Bath and Bradford on Avon Bat Special Area of Conservation
(SAC) which is a European site. This site is also notified at a national level as Combe Down
and Bathampton Down Mines Site of Special Scientific Interest (SSSI).
In considering the European site interest, Natural England advises that you, as a competent
authority under the provisions of the Habitats Regulations, should have regard for any
potential impacts that a plan or project may have1. The Conservation objectives for each
European site explain how the site should be restored and/or maintained and may be helpful
in assessing what, if any, potential impacts a plan or project may have.
1
Requirements are set out within Regulations 61 and 62 of the Habitats Regulations, where a series of steps and tests are
followed for plans or projects that could potentially affect a European site. The steps and tests set out within Regulations
61 and 62 are commonly referred to as the ‘Habitats Regulations Assessment’ process.
The Government has produced core guidance for competent authorities and developers to assist with the Habitats
Regulations Assessment process. This can be found on the Defra website. http://www.defra.gov.uk/habitatsreview/implementation/process-guidance/guidance/sites/
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The proposal for the construction of a car park involves the loss of an area which is currently
managed amenity grassland with scattered mature trees and a hedgerow and treeline on the
western boundary of the site. A bat survey specific to the proposed site has not been
submitted with the application documentation but previous bat surveys carried out around
the campus recorded bats, including Lesser Horseshoe bats, commuting along the northern
boundary of the proposed site.
Greater Horseshoe, Lesser Horseshoe and Bechstein’s bats are the Qualifying Features for
which the Bath and Bradford on Avon Bat Special Area of Conservation (SAC) is designated.
Habitat which is important for the Favourable Conservation Status of the species is protected
by the Habitats Regulations in the same way as the SAC itself.
The proposed car park has the potential to have adverse impacts on bats from the SAC and
on supporting habitat through:
- Loss of grassland, loss of feeding habitat (woodland edge and individual trees), both
direct losses and through the introduction of inappropriate lighting
- Severance of important commuting routes (through loss of trees and introduction of
inappropriate lighting)
Objection/Further information required
The consultation documents provided by your authority do not include information to
demonstrate that the requirements of Regulations 61 and 62 of the Habitats Regulations
have been considered by your authority, i.e. the consultation does not include a Habitats
Regulations Assessment.
In advising your authority on the requirements relating to Habitats Regulations Assessment,
it is Natural England’s advice that the proposal is not necessary for the management of the
European site. Your authority should therefore determine whether the proposal is likely to
have a significant effect on any European site, proceeding to the Appropriate Assessment
stage where significant effects cannot be ruled out. Natural England advises that there is
currently not enough information to determine whether the likelihood of significant effects
can be ruled out. We recommend you obtain the following information to help undertake a
Habitats Regulations Assessment:
-
-
A detailed assessment of the likely impacts on bats arising from the loss of grassland
and the introduction of lighting to what is currently a dark area. Horseshoe bats,
particularly Greater Horseshoe bats, are known to be highly sensitive to lighting. Lux
levels must be maintained below 1 on vegetation which is known to be used by bats for
commuting and foraging. The Street Lighting and Parking Facilities Drawing (IMA-14055 drawing no.011 dated June 2014) shows light levels along the western boundary of
the proposed site at 10 lux directly under the tree canopy which is where Horseshoe bats
tend to fly.
Improvements to the planting proposals. The Landscaping Proposal (NCP-AWW-A
drawing no.0166) could include more planting for biodiversity, for example, planting to
attract invertebrates, wild flower planting and berry-producing trees and shrubs.
2. The site of the proposed car park is also directly adjacent to North Road Quarry Site of
Special Scientific Interest (SSSI). This site is notified for its geological features. The
information submitted with the planning application does not contain an assessment of likely
impacts on the SSSI from the proposals, or any description of measures which must be
taken to avoid impacts.
The National Parks and Access to the Countryside Act 1949
No comment – Advise consultation with AONB partnership / Conservation Board
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Natural England has assessed this application. From the information available Natural England is
unable to advise on the potential significance of impacts on the Cotswolds Area of Outstanding
Natural Beauty. We therefore advise you to seek the advice of the AONB Conservation Board.
Their knowledge of the location and wider landscape setting of the development should help to
confirm whether or not it would impact significantly on the purposes of the AONB designation. Our
advice is that the applicant should provide a reasoned assessment of likely impacts on the AONB
together with mitigation in the form of a sympathetic planting scheme. The AONB Conservation
Board will also be able advise on whether the development accords with the aims and policies set
out in the AONB management plan.
Green Infrastructure
The proposals appear to involve the loss of a valuable element of Green Infrastructure around the
edge of the University campus. This currently provides green space for students and children at the
nursery and is known to be used by bats from the SAC. The applicant should provide further detail
on the quantum of GI which will be lost and further information on how the proposals will address
the loss of GI and maximise opportunities for retention and enhancement, as well as opportunities
for improving GI around the campus.
We would be happy to comment further should the need arise but if in the meantime you have any
queries please do not hesitate to contact us.
For any queries relating to the specific advice in this letter only please contact Alison Howell on
0300 060 4428. For any new consultations, or to provide further information on this consultation
please send your correspondences to consultations@naturalengland.org.uk.
We really value your feedback to help us improve the service we offer. We have attached a
feedback form to this letter and welcome any comments you might have about our service.
Yours sincerely
Alison Howell
Lead Advisor, Sustainable Development
Somerset, Avon, Wiltshire team
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