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Position statement on the effects of new residential development upon the Solent  

The potential effects of new residential development in South Hampshire upon the Solent have been widely reported in the media.

The following statement sets out the areas of concern and how Fareham Borough Council is addressing the issues raised.

The importance of the Solent for wildlife

The Solent is internationally important for its wildlife. Each winter, it hosts over 90,000 waders and wildfowl including 10 per cent of the global population of Brent geese. These birds come from as far as Siberia to feed and roost before returning to their summer habitats to breed.

There are also plants, habitats and other animals within the Solent which are of both national and international importance.

In light of their importance, areas within the Solent have been specially designated under UK/ European law. Amongst the most significant designations are Special Protection Areas (SPA) and Special Areas of Conservation (SAC). These are often referred to as 'European Protected Sites' (EPS).

When deciding planning applications a legal duty is placed on the Council to consider whether any impacts from new developments are likely to have a significant effect upon these EPS.

This process is known as a Habitat Regulations Assessment.

What is a Habitats Regulations Assessment (HRA)?

This is a formal process to assess the implications of any planning proposals that are likely to have a significant effect upon European Protected Sites.  The assessment is undertaken by councils before any planning decision is made.

The first stage of the HRA process involves formally screening a planning proposal to decide whether or not it will have a likely significant effect upon a EPS.

Where a likely significant effect cannot be excluded, the Council is required to assess the effects in detail through an Appropriate Assessment. This Assessment is to establish whether an adverse effect on a EPS can be ruled out or addressed through mitigation.

After the Council has undertaken an Appropriate Assessment, it must consult with Natural England on the Appropriate Assessment it has undertaken.

What is Natural England's role?

Natural England is the Government's statutory advisor for nature conservation. 

The Council is required to consult with Natural England on the Appropriate Assessments it undertakes and to subsequently have regard for any comments it may have.

In February this year, Natural England updated its advice to local councils to reflect recent European case law and now recommends an Appropriate Assessment is undertaken within the Borough of Fareham for every application for new dwellings.

Natural England has highlighted that increased levels of nitrates entering the Solent (because of increased amounts of wastewater from new dwellings) is likely to have a significant effect upon EPS. This is because increased nitrates in the water can cause increased growth of plants and algae which, in turn affects oxygen and light levels within the water, thus affecting other species and habitats.

Natural England further advises that the effects of emissions from increased traffic along roads within 200 metres of EPS also has the potential to cause a likely significant effect. 

What has been the implication of the Natural England advice?

All applications for new housing within the Borough (from a single house upwards) will require a Habitat Regulations Assessment.

Some existing land uses (for example intensive agricultural uses) result in high levels of nitrates entering into ground water/water courses which, in turn, lead to The Solent. In these instances, some developers will be able to demonstrate that their proposals will not increase the level of nitrates leaving the site.  This means they will pass the Appropriate Assessment.  

Natural England have produced a methodology to enable an assessment of nitrate neutrality for new development. The most recent methodology can be accessed here. PDF (2 MB)

There is also a new method calculator which developers can choose to use along with the non-technical summary PDF (560 KB).

Where developers are not able to demonstrate that their proposals maintain or reduce the levels of nitrates leaving their site, mitigation measures will need to be identified.

As a direct result of the new advice from Natural England, no planning permissions have been granted for major housing proposals within Fareham Borough since January 2019.  Furthermore no planning permissions for new build dwellings have been granted in Fareham Borough since March 2019.

How is Fareham Borough Council resolving this problem?

The Council is working hard to find a resolution as, by carrying out its legal duties in one area, namely in considering the effects of proposed developments upon European Protected Sites, it is failing in another, which is to make provision for new housing within the Borough in line with the amount specified by the Government.

The potential impacts upon The Solent is an issue which involves a number of councils within South Hampshire. All of the affected councils, including Fareham, are members of the Partnership for Urban South Hampshire External Hyperlink (PUSH), a Partnership which seeks to resolve issues through local authorities working together with other relevant statutory bodies.

PUSH is working with the Environment Agency, Natural England and Southern Water to address the issue of nitrates within the Solent. 

Separately, Fareham Borough Council has commissioned work across the Borough, to assess whether the effects of emissions from increased traffic along roads within 200 metres of European Protected Sites will have a likely significant effect upon them. This work is expected to be completed by late this summer.

Fareham Borough Council will publish any updates on this page.

**UPDATE December 2019**

Fareham Borough Council commissioned consultants, Ricardo, to assess whether the effects of emissions from increased traffic along roads within 200 metres of European Protected Sites will have a likely significant effect upon them. This work has been completed and you can read the full report here PDF (14 MB)


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