Thames Basin Heath SPA Projects

Dilly Lane, Hartley Wintney
Client: Barratt Homes (Southern Counties) Limited
EPR’s involvement in the Dilly Lane project, in particular the evidence we presented at the Public Inquiry regarding the effects on the nearby Thames Basin Heaths Special Protection Area (SPA), was pivotal in the recent High Court hearing into the case. The Judicial Review by Mr Justice Sullivan, of the Secretary of State’s decision to grant consent for the 170 houses at Dilly Lane, Hartley Whitney in an action brought by Hart District Council, has thrown out the Council’s claims, and upheld the decision.

Mr Justice Sullivan found that the Secretary of State was entitled to give great weight to the opinion of Natural England that the measures developed by EPR were sufficient to conclude that there was not likely to be a significant effect on the SPA, and consequently that an Appropriate Assessment (AA) under the Habitats Regulations was unnecessary. The measures were developed through rigorous research and consultation, and included the provision of Suitable Alternative Natural Green Space (SANG), to attract dog walkers and other users away from the SPA, thus avoiding additional disturbance to the ground nesting birds for which the SPA is designated.

This landmark decision means that the approach to ‘Avoidance measures’ and SANG, outlined in the Thames Basin Heaths Delivery Plan, has been upheld at law, and that the design of SANG in each District or for each scheme separately, can proceed. The judgment makes clear that anything encouraging the proponents of plans and projects to incorporate avoidance measures at the earliest opportunity is to be encouraged.

Following the High Court decision to overrule Hart DC’s refusal, EPR took the Dilly Lane project to its next stage during 2009, assisting Barratt Homes with discharging the planning conditions. An application was made to Natural England for a Dormouse licence, which was obtained and is being implemented in 2010. A management plan for the whole site, including the SANG, was also finalised and approved by Hart DC.

Implementation of the management plan began in 2010 with work to be carried out by EPR’s sister company, the Natural Greenspace Company (NGCo).

RAF Staff College
Client: Taylor Wimpey UK Ltd
A former RAF staff training facility has received outline planning permission for the erection of 730 buildings and associated infrastructure including public open space. Our client is now seeking planning permission to increase the number of dwellings on the site to in the region of 1200. EPR is advising on issues associated with potential effects on the nearby Thames Basin Heath SPA, including the design and management of the on site SANGS, and the provision of information to allow the planning authority to undertake and Appropriate Assessment of the proposals. EPR made representation on behalf of the client in relation to SPA matters at the Examination in Public for the Bracknell Forest Core Strategy Development Plan. We are also providing ecological input to the Environmental Statement including the impact assessment and design of mitigation strategy in relation to features of ecological value and protected species, in particular bats.

Broadmoor Hospital
Client: West London Mental Health Trust
The proposed redevelopment of land at Broadmoor Hospital as a residential scheme of around 100 homes requires detailed assessment of the potential effects on the nearby Thames Basin Heaths SPA. An extensive visitor survey undertaken by EPR will help inform the design of the mitigation for the scheme, likely to involve the provision of alternative recreational open space.