Local Development Framework Consultation

[see attached document]

Dear Sir/Madam
Natural England responded to SOUTH LAKELAND LOCAL DEVELOPMENT FRAMEWORK
LAND ALLOCATIONS DEVELOPMENT PLAN DOCUMENT (DPD)
Public Examination – Consultation on the updated Schedule of Proposed Main Modifications to the DPD in a response dated: 2nd May, reference 83266.
In addition to this response Natural England would like to provide an additional response to provide some clarification over buffers –Oakmere Homes (North West) Limited, is the developer who is promoting residential development of the allocation West of Oxenholme Road through an outline planning application.
This response is in light of the current planning application and will hopefully clarify the position with buffers.
We are aware of recent correspondence relating to the proposed buffers around housing allocations, in particularly the case relating to the proposed Oxenhome Road housing development and impacts on the River Kent Special Area of Conservation (SAC). As such, we clarify our position below:
Any advice relating to the requirements for buffer zones adjacent to residential housing allocations is based upon the evidence base provided in the Habitats Regulations Assessment (HRA) accompanying the proposed plan. In order to satisfy the requirements of the Habitats Regulations appropriate mitigation is required in order to ensure no adverse effect to the integrity of any European designated site. Any proposed mitigation has to be sufficiently robust in order to ensure deliverability through the plan and the precautionary principle has to be applied in accordance with the Habitats Directive. Natural England appreciates that a buffer of less than 10m may be appropriate in certain areas, however this will be dependent on the local circumstances affecting individual housing allocations. Additional survey data at the local level may indicate a variation in the buffer requirement. Such evidence may only emerge at the detailed planning stage. As highlighted below, there may be scope for flexibility in policy terms, however in terms of the site allocations plan as a whole the Appropriate Assessment has recommended that a 10m buffer is required in order to ensure no adverse effect to site integrity. Should you require any further advice on this issue, particularly in terms of policy wording to cover this issue, please do not hesitate to contact us.
Thank you
Kind regards
Kate Wheeler
Lead Adviser
Land Use Operations Team