Agenda item

Marc Turner provided an update on a recent judgement which could impact on SPAs.

Wealdon District Council had challenged the Lewes Joint Core Strategy in the High Court, on the basis of the cumulative air quality impact on Ashdown Forest, within the South Downs National Park.

The judge quashed part of the Lewes Joint Core Strategy, the effect of which was the deletion of 1,177 allocated homes within the relevant boundaries of the South Downs National Park, on the basis that Lewes had failed to consider the cumulative ecological impact on Ashdown forest.

As well as eroding the Lewes 5 year housing Land Supply in the short and medium term, the judgement appeared to indicate that any future planning application in the area, including sites geographically remote from Ashdown Forest, would require a consideration of the potentially cumulative ecological impacts of development on this protected forest.

Although the judgement was considered to be somewhat vague in terms of useful practical detail, it was thought that the  potential implications could include:

(i)        The need to contribute to or provide a Suitable Alternative Natural Greenspace (SANG) or Strategic Access Management and Monitoring (SAMM) as part of your application; and/or

(ii)       To wait indefinitely for submission or a decision, as complicated regional habitat assessments are carried out or compensation/ mitigation measures are put in place.

Marc Turner confirmed that Natural England and the Air Quality Technical Action Group were reviewing this and other related judgements and a more definitive response would be released in due course.

Given the levels of new housing in Surrey each year for the foreseeable future, Air quality management was an issue for all Authorities in the SPA and any Local Plans or plans for major developments would clearly need an air pollution section. However, the impact on Thames Basin Heaths was not so clear.

Members also highlighted the ongoing impact of the motorway/highways networks and the M25, M3 and A3 in particular, as well as increased aircraft numbers, on air quality and the limited influence Councils had on these.

Councillor Moira Gibson noted that both Guildford and Surrey Heath Borough Councils had been identified by the Government as needing to achieve air quality improvements, but the main issue, the M3, was outwith their control.

Councillor Brian Adams reported that the Inspector considering the Waverley Local Plan recently, had indicated a strong priority on housing over traffic infrastructure and delayed journeys.

It was reported that Rushmoor Borough Council, in its Local Plan, had taken a precautionary approach by considering any development generating 100 car movements a day rather than the more generally used level of 1,000.

Councillor Chris Turrell reported improved air quality in Crowthorne when traffic calming measures had been removed. Otherwise, air quality management in Bracknell Forest had been consistent.

It was agreed that, whilst each Authority would have to address the issue separately in their Local Plans, there was a need for a concerted approach by the 11 Authorities on how the cumulative impact of air quality would be assessed and a consistent approach on Habitat Regulations Assessment.

The JSPB requested a report to the next meeting on

(i)         The implications of the Wealdon Heath Judgement; and in the light of that and other related judgements

(ii)        Recommendations for the JSPB on cumulative air quality impact assessment for Local Plans, including incorporation of any legal advice from Natural England.