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Thames Basin Heaths Special Protection Area

The below information gives advice on:

• The designation of the Thames Basin Heaths Special Protection Area (SPA).
• The current effect of the SPA on the planning of the Borough.
• How the submission and determination of planning applications will be affected by the SPA
• View information on delivery of new SANGS.

Special Protection Area Boundary Maps

Ash to Brookwood Opens in a new window

Chobham Common Opens in a new window

Old Dean Common & Bagshot Heath Opens in a new window

West End Common Opens in a new window

Designation of the Special Protection Area
In March 2005, the Government designated the Thames Basin Heaths Special Protection Area (SPA) under the EC Birds Directive. This recognises the international importance of heathland as a habitat for endangered bird species. Most of the heathland in the Borough of Surrey Heath is in the SPA.

The heathland in the Borough supports significant populations of Dartford Warbler, nightjar and woodlark. The SPA covers most of the heathland areas in the Borough such as Bagshot Heath, Old Dean Common, West End Common, and Chobham Common. It also extends to the heathland areas in 10 other districts in west Surrey, north east Hampshire, and south Berkshire.

The current effect of the SPA on planning in the Borough
Natural England is the Government agency that champions the conservation of wildlife throughout England. They have advised that new housing within 5 kilometres of the SPA may harm the rare bird populations. This harm can be caused by disturbance to the birds from a growth in the number of walkers, cats and dogs frequenting the heathland, and other recreational uses created by additional housing.

A key issue is whether enough alternative open space can be provided to attract walkers and bikers away from the SPA. In determining planning applications, a key consideration for the Borough Council is the European law which governs the protection of SPAs. This law requires that developments must be resisted unless it is certain that there will be no harm to the SPA. Measures to provide alternative open space are currently difficult to achieve. As a result, the Borough Council is taking the view that planning applications are likely to be refused unless a convincing case is presented to prove that the proposed housing will not cause harm to the SPA. This approach is now likely to be taken for all planning applications comprising an increase of one dwelling or more. This approach will apply to the whole Borough.

If new housing at a distance of 400m-5km from the SPA can provide adequate levels of alternative open space then it is likely to be permitted. If open space cannot be provided then the housing is likely to be refused. New housing within 400m of the SPA is likely to be considered for refusal irrespective of whether alternative open space can be found. An application to replace one house with another house is not likely to be affected.

The way forward
The Borough Council has agreed with Natural England the first stage of an Avoidance Strategy that will allow some new housing to be built in the Borough. The Interim Avoidance Strategy was agreed by Executive on 29th July 2008. It provides avoidance measures for sites for 1-9 (net) units across the Borough and for larger sites within 2km of the SANGS sites.

Sites of 10 or more net dwellings are still restricted in most of the Borough. The Council's Interim Avoidance Strategy is available to download from the link below. The current contribution being sought is £3,500 per net new dwelling.

• View the Special Protection Area - Interim Avoidance Strategy Opens in a new window
• Draft Unilateral Undertaking Template Opens in a new window

This will be updated in due course to take account of the Joint Strategic Framework.

Further Information

• View information on the Natural England SANGS Guidance Opens in a new window
• View the Thames Basin Heaths SPA: Audit & Assessment of Land to Mitigate Effects of Housing Development (July 2006) Opens in a new window This report by SEERA is the subject of further ongoing work.
• View the Joint Strategic Framework

Review of Evidence Underpinning the English Nature Thames Basin Heaths Delivery Plan - Report to DCLG
The Department of Communities and Local Government (DCLG) commissioned a peer review of the English Nature Delivery Plan to test and strengthen the evidence base underpinning it. The report informed the South East Plan Examination in Public consideration of issues pertaining to the Thames Basin Heaths Special Protection Area.

View the Report. Opens in a new window The document makes the assumption that in the absence of any better evidence and invoking the precautionary principle the Delivery Plan approach is upheld.

The Assessor's Reports for the Examination in Public of the South East Plan
The report of 19th February 2007 and subsequent reports can be accessed from www.eipsoutheast.co.uk Opens in a new window

For further information on the Special Protection Areas visit the Joint Nature Conservation Committee website www.jncc.gov.uk Opens in a new window - Look under 'Protected Sites' and then 'Special Protection Areas'.