Alex

Further to the below we would note the following on the two points raised.

· Information demonstrating that potential impact on designated sites will be avoided or mitigated.

We are not sure of Natural England have had sight of the biodiversity study submitted as part of the application. This Phase 1 study conclusions are set out as follows:

“On present information, the proposals are expected to have no or only minor adverse impacts on ecology & biodiversity, and some gains. In terms of ecology, the project can proceed providing all the recommendations are met, enforced and monitored.”

This is based on the proposed development using existing access and the permanent development being located within the existing compound. The proposed temporary structure will also be located both adjacent to the compound and on the north/south existing access. A number of suggested methods of mitigation are suggested and these could easily be included within any conditions. Suggested are given over page 4 and 5 of the report and these could be translated into conditions to ensure that natural England can be confident that any potential impacts will be avoided and/or mitigated.

Also of note are the concluding remarks in the report. The concluding remarks from the report states:

“It is recommended to conduct a pre-clearance search of all areas of the site under the supervision of an Ecological Clerk of Works particularly before machinery uses the access track, to move any vulnerable taxa to safety or allow other necessary precautions to be taken prior to.

Providing the requirements noted herein are fully implemented and followed through, and satisfactory execution of specified avoidance, there are no obvious ecological counter indications to the proposed project at this stage”.

We note that Natural England are suggesting that a Construction Method Statement be supplied and this could be done via the imposition of a suitably worded condition. The study supplied already demonstrates that this would suitable mitigate any potential impacts.

• Clarification as to whether there is to be a permanent loss of SAC/SSSI designated land.

The plans demonstrate that there will be NO permanent loss of any SAC/SSSI land. Existing access will be used and whilst there will be a temporary mast used, this will be for a very short time to allow the service to customers to be maintained as the existing mast is taken down and the new mast and apparatus put up. The temporary access track is being laid to ensure that the ground is not damaged in any way and would only be in situ for the duration of construction. The suggested conditions above take into account this temporary structure.

It is hoped that this information is enough to satisfy Natural England in this regard.

Thanks for your time and I look forward to hearing from you.

Yours

Norman

Dear Norman

Please find attached consultation response received from Natural England in relation to this application which states that further information is required to determine impacts on designated sites. Unfortunately, this means that the decision will not be issued today and further work is required to satisfy Natural England, as a statutory consultee, and the Council in relation to the proposal.

As a competent authority under The Conservation of Habitats and Species Regulations 2017, Shepway District Council must undertake a formal assessment of the implications of any new plans or projects which are capable of affecting the designated interest features of European Sites before deciding whether to undertake, permit or authorise such a plan or project. For all plans and projects which are not wholly directly connected with or necessary to the conservation management of the site’s qualifying features, this will include formal screening for any Likely Significant Effects (either alone or in combination with other plans or projects). Where these effects cannot be excluded, assessing them in more detail through an appropriate assessment (AA) is required to ascertain whether an adverse effect on the integrity of the site can be ruled out. Where such an adverse effect on the site cannot be ruled out, and no alternative solutions can be identified, then the project can only then proceed if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured. This HRA process must be applied before a plan or project which may affect a European Site can be lawfully undertaken or authorised. Both Government and European Commission guidance on Habitats Regulations assessments highlights that when assessing plans and projects under the Habitats Regulations it is best practice for competent authorities to clearly record and reason their decision-making process and their conclusions, taking into account the precautionary principle where there is reasonable science-based uncertainty. This approach is further supported in both European and UK case law. Having consulted Natural England, who are also a competent authority, at this stage the level of detail available is not sufficient for the required assessment to be made and more detail is required.

I also attach a planning extension agreement (PEA). In acknowledging receipt of the above application, I informed you that the target date for determination of the application was the 4^th December 2017. Whilst every endeavour has been made to reach a decision on your application within the statutory time, unfortunately this will not be possible for the reasons set out above. Consequently,  I am writing to ask you to formally agree to extend the period for deciding your application until the 19^th January 2018. If you are agreeable to the use of a PEA in this case please can you indicate your agreement to this extended period for determination by the completion of the attached and return the letter (by email is acceptable). If you become aware that you will not be able to submit the additional/revised details in full to allow a decision to be issued by the date above please contact me so we can discuss the possibility of the agreement of an alternate time period for determination. If I am not contacted to arrange an alternate timescale and the details are not received within the timescale above I will proceed with the determination of the application with the most recently received material. 

Thank you. 

Kind regards

Alex Kalorkoti

Graduate Planning Officer

Major Projects Team

Telephone: 01303 853 402

Mobile: 07860 735072

Please click here for information regarding the pre-application planning advice service we offer at Shepway District Council.

Shepway District Council, Civic Centre,

Castle Hill Avenue, Folkestone, Kent, CT20 2QY

Email: alexander.kalorkoti@shepway.gov.uk

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