Agenda item

(Planning and Sustainability) To consider the attached report (C-013-2020-21).

(1)  The Cabinet agreed the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation for the purposes of formal consultation with Natural England and the Conservators;

(2)  The Cabinet agreed that any necessary and appropriate changes arising from that consultation and any data and targets arising from the finalisation of the current air quality modelling work would be incorporated into the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation;

(3)  The Cabinet agreed that the adoption of the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation was delegated to the Portfolio Holder for Planning and Sustainability, submitted to the Local Plan Inspector examining the Council’s emerging Local Plan and be used to inform the Council’s updated Habitats Regulations Assessment for the emerging Local Plan; and

(4)  That upon adoption, the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation would be a material consideration in the determination of planning applications and permitted development rights proposals within the Epping Forest District Council administrative area.

The Planning and Sustainability Portfolio Holder introduced the report on managing the effects of air pollution on the Epping Forest District Special Area of Conservation. He noted that the Special Areas of Conservation were internationally important nature conservation sites within the UK. The Conservation of Habitats and Species Regulations 2017 provided the regulatory framework against which plans and projects, including the Council’s Local Plan and individual planning applications, needed to be assessed.  In addition, the National Planning Policy Framework (NPPF), affords such sites the highest levels of protection in the hierarchy of sites designated to protect important features of the natural environment.

The legislation set out that where a land use plan, either alone or in combination, was likely to have a significant effect on an internationally important site, the plan-making authority must undertake a Habitats Regulations Assessment (HRA). This applied to Local Plans produced by local authorities and in addition to Neighbourhood Plans produced by local communities. Such plans set out a broad quantum of development growth. HRA work must therefore consider the overall impacts of such growth – in -combination with neighbouring authorities – and where there were any likely significant effects; adverse effects on the integrity of the site must be ruled out.

A significant proportion, and the most integrated part, of the SAC lies within the Epping Forest District Council administrative area. The remainder lies within the London Boroughs of Waltham Forest and Redbridge (the latter of which accommodates a very small proportion of the SAC). As such, EFDC, as a Competent Authority under the Habitats Regulations, was required to ensure that planning application decisions comply with those Regulations and did not result in adverse effects on the integrity of the Epping Forest SAC.

This report set out the proposed approach to managing and mitigating the effects of new development on the Epping Forest SAC in relation to air quality. 

Councillor Chris Pond noted that the strategy was a work in progress that seems to be rather aspirational, we should be working towards mitigation for better human health and bio-diversity.  The damaging effects of particulates on the SAC did not seem to be particularly highlighted in the report and it should be comprehensively dealt with. We need to shift development away from the SAC and the most popular parts of the district. Intensification of development on the Epping site would change Epping completely, which may be difficult to justify due to the closeness to the SAC. In his view, development should be shifted to somewhere in the north west of the district, a long way from the SAC and use this to encourage tourism to the forest. He feared that the Inspector and Natural England would find this insufficient.

Councillor Bedford responded that he agreed with some of Councillor Pond’s comments but that we were where we were with the Local Plan and had to see it through because developers were waiting to build. The locations had been carefully brought out through the plan; those locations that were closer in were more suitable because of transport links. If we develop out to the west of the district, we will just increase the issues with the SAC as people drive through the forest to get to work. It was a balancing act.

A Blom-Cooper (Interim Assistant Director) added that we had carried out a lot of bespoke work on traffic flow and air quality so that moving forward we will be able to assess the improvement. There were specific short term measures that we can introduce immediately such as supporting walking and cycling, the provision of electric vehicle charging points and other measures such as signage and HGV route management. Some longer term measure would be to look at a clean air zone. More modelling work would need to be done to assess the impact on the forest.  Under the habitat regulations we were looking at the natural environment. We had been working with Natural England and the Conservators to bring forward this package, but it should be noted that the work was not over yet.

Councillor Janet Whitehouse referred to the provision of electric charging points could this be elaborated on.

Councillor Jon Whitehouse noted the habitat regulations assessments; he expected more site specific interventions, would they come forward later. There was also less synergy with the Green Infrastructure Strategy. The lower forest was part of an SSSI but not part of the SAC, has anyone looked out for any unintended effects on this area. A Blom-Cooper replied that there was a policy in the plans that specifically required access to electric vehicle charging points for all new development. As for retro fitting for existing properties a policy and guidance will be brought in. Site specific measures will be looked at on a case by case basis. As for recreational pressure issues, there were two issues here, one was the impact on air quality and the second was the impact on recreational pressure. We would need to bring forward a strategy for alternative natural green space and were looking at a number of sites for this to take the pressure off the forest. And yes, we were aware of unintentional consequences and would need to do a lot of preparatory work.

Councillor Philip added that it was important to remember the effects of air pollution on Epping Forest, particularly on what happened around SAC and our ability to issue planning permission.  Because of the way this is related to the SAC, development elsewhere in the district had little impact on the overall plan. It would not make it any better. The good thing was if we got permission from Natural England, we would be in a position for releasing planning permission that we had already granted, and it was critical we moved this forward.

Councillor Neville asked about the Clean Air Zone, did we have a timescale for when a recommendation was to go forward. And, on site specific schemes, there was talk about them being funded by developer contributions and some of the documents related to this mentioned the cycling action plan which sometime has the developer mentioned and sometimes not, will we always have developer contributions? Councillor Bedford said there was no dates set for introducing a clean air zone on roads through Epping Forest. A review will be held on this before 2024. Secondly the council was currently updating the IDP to take account of changes since it was first produced in 2017, recognising the changes to the Local Plan submitted version as a result of the inspector’s actions. The council had submitted bids as part of the reopening high street safety fund, including provision for works in Loughton, Debden and Buckhurst Hill. Epping Council has submitted bids for works to Epping and Waltham Abbey to Essex County Council. Applications were now being prepared for tranche two of the emergency active travel funding. To receive funding authorities will need to satisfy the department that they have meaningful plans to update the road system for cyclists and pedestrians. There will also be a car free day on 1^st September.

Councillor Neville asked what were the schemes mentioned in Loughton, Debden and Buckhurst Hill. Councillor Bedford said that they were working up projects, but they had not been finalised as yet.

Councillor Wixley spoke about the retro fitting of electric charging points, he noted that a report would be coming to the Cabinet. Would they be on the Public Highway and was this something we would get involved in or was this for Essex CC. Councillor Bedford said that this would create issues for us. At this stage he did not think that Essex CC would be getting involved as it was another major funding project for them. Maybe something for the future.

Councillor Dorrell asked about the strategic Road Signage Strategy which appeared to contradict what we were trying to do here; trying to get more business for the Epping Forest Visitor’s Centre while reducing the amount of traffic. Seems confusing, as though we did not understand the desired outcome we wanted.  As for the clear air zone, people will have to go through the forest to travel around the district, so introducing charges for people to drive to different parts of the district sounded very strange. We risked cutting off Waltham Abbey from the rest of the district especially access to the Central Line. Councillor Bedford replied that as for signage, the idea was to divert some of the traffic going through the forest. As for the clean air zone, this was for working with others and to get the zone up and running, this might be based around commercial vehicles; but this was only a proposal for now.

Councillor Heap asked about the air quality zone, was this a zero sum gain, to assess what was to be allowable by 2035 for any development. Councillor Bedford said that air quality was based on an assessment already carried out and we need to be seen that we were making a significant improvement. We will be reviewing again in 2023/24.

Councillor Heap said that the Local Plan offered financial aid for sustainable transport, so we would probably need electric busses.

Decision:

(1)  The Cabinet agreed the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation for the purposes of formal consultation with Natural England and the Conservators;

(2)  The Cabinet agreed that any necessary and appropriate changes arising from that consultation and any data and targets arising from the finalisation of the current air quality modelling work would be incorporated into the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation;

(3)  The Cabinet agreed that the adoption of the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation was delegated to the Portfolio Holder for Planning and Sustainability, submitted to the Local Plan Inspector examining the Council’s emerging Local Plan and be used to inform the Council’s updated Habitats Regulations Assessment for the emerging Local Plan; and

(4)  That upon adoption, the Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation would be a material consideration in the determination of planning applications and permitted development rights proposals within the Epping Forest District Council administrative area.

Reasons for Proposed Decision:

To comply with the Council’s general obligations as a competent authority under the Species and Habitats Regulations 2017 (as amended) [Regulation 9(1)] and to support the Examination of the Council’s Local Plan Submission Version.

Other Options for Action:

Not to develop and adopt an Approach to Managing the Effects of Air Pollution on the Epping Forest Special Area of Conservation as a material consideration in the determination of planning applications and permitted development rights schemes which result in a net increase in traffic (based on Annual Average Daily Traffic levels) on roads within 200m of the SAC.  This would prevent the Council, as local planning authority, from positively determining such proposals, where appropriate, as advised by Natural England, as the responsible statutory body, in its letter of 15 June 2018. In addition, it would mean that the Local Plan may not be seen as deliverable at examination and therefore would not be found sound.