The Cabinet Member for Planning, Property and Governance has decided to endorse the updated Essex Coast Recreational disturbance Avoidance and Mitigation Strategy to protect important nature conservation sites from the impacts of increased recreation.

URL: https://democracy.southend.gov.uk/ieDecisionDetails.aspx?ID=1570

Decision Maker: Cabinet Member for Planning, Property and Governance

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To endorse the updated Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS). The strategy sets out the mitigation requirements relating to impacts from increased recreation (linked to the in-combination effects of housing growth and tourist development across the county) on important nature conservation sites on the Essex coast. It updates and replaces the previously agreed strategy (approved in 2020) and relates to 12 relevant Local Planning Authorities (LPAs) that comprise the greater part of the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) Partnership. The RAMS ensures these authorities are adequately protecting the relevant wildlife sites from the impacts of recreation), while mitigating the impacts of new housing in a timely manner. This strategic mitigation is required to comply with the Conservation of Habitats and Species Regulations 2017, as amended, (commonly referred to as the ‘Habitats Regulations’).

Content: To endorse the updated Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS). The strategy sets out the mitigation requirements relating to impacts from increased recreation (linked to the in-combination effects of housing growth and tourist development across the county) on important nature conservation sites on the Essex coast. It updates and replaces the previously agreed strategy (approved in 2020) and relates to 12 relevant Local Planning Authorities (LPAs) that comprise the greater part of the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) Partnership. The RAMS ensures these authorities are adequately protecting the relevant wildlife sites from the impacts of recreation), while mitigating the impacts of new housing in a timely manner. This strategic mitigation is required to comply with the Conservation of Habitats and Species Regulations 2017, as amended, (commonly referred to as the ‘Habitats Regulations’). 1. That the revised and updated Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (Essex Coast RAMS), as set out in APPENDIX 1 to this report, superseding the original Essex Coast RAMS (2018-2038) documen, be approvedt;   2. That the Essex Coast RAMS Technical Advice Note (TAN) as set out in APPENDIX 2 of this report, which will be used as a material consideration in relevant planning decisions, ensuring that the transition from SPD to TAN does not create a policy gap, supporting consistent implementation of the Essex Coast RAMS strategy across the Essex Coast RAMS partnership area, enabling ongoing compliance with the Habitats Regulations and providing certainty that decision-making remains robust and defensible, be approved;   3. That the Executive Director for Environment and Place be authorised to make minor amendments to the above TAN as deemed necessary before publication;   4. That the Essex Coast RAMS Supplementary Planning Document (SPD) (2020) be revoked as the content of the document is no longer fully aligned with the 2026 revised Essex Coast RAMS Strategy, evidence base and tariff.  The revocation statement as shown in APPENDIX 5 of this report, must be published on the Council’s website and all copies of the SPD removed. Southend-on-Sea City Council is one of twelve partner local authorities who have been working together, in consultation with Natural England, on the review and update to the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (Essex Coast RAMS 2018-2038).  A review of the strategy was undertaken in 2025-6 to ensure it remains fit for purpose, evidence-led and legally robust.   The Essex Coast RAMS aims to prevent bird and habitat disturbance from recreational activities through a package of strategic access management measures and monitoring designed to influence how people access and use the coast, encouraging visitors to enjoy their visits in a responsible manner.  The mitigation package includes coastal rangers, information signs and interpretation, advice for dog walkers and other users of the coastline, surveys and monitoring. The measures are funded through pooled developer contributions, allowing mitigation to be strategically planned, rather than ad hoc on a site-by-site basis.   The Essex Coast RAMS strategic mitigation enables the Council, in its role as Competent Authority, to meet its statutory duties under section 63 (1) of the Conservation of Habitats and Species Regulations 2017(as amended).  The revised strategy provides long?term, in?perpetuity mitigation for recreational impacts on internationally designated coastal sites while enabling planned development to proceed. It is an approach that has been endorsed by Natural England (see Natural England letter set out at APPENDIX 3 to this report).   Essex Coast RAMS has been used successfully in the determination of planning applications since 2020. A Supplementary Planning Document (SPD) was also produced and adopted to summarise the Essex Coast RAMS into a concise guide for developers, demonstrating why mitigation is needed.  New SPDs generally cannot be produced in the same way as before because of legislative changes (Levelling up and Regeneration Act 2023), so a TAN has been produced jointly by the 12 local authorities in the partnership to provide consistent advice for developers on how the Essex Coast RAMS tariff will work in practice.   On approval of the TAN the Essex Coast RAMS 2018-2038 will be formally revoked, as it is no longer aligned with the 2026 revised Essex Coast RAMS Strategy, evidence base and tariff. As required under Regulation 15 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended), following the revocation of the SPD, all physical and digital copies of the document will no longer be available, effective from 1st August 2026. Do not endorse the updated Essex Coast RAMS Strategy and increased Essex Coast RAMS tariff and maintain the RAMS tariff at the current rate.   Continuation of the tariff at the current rate would not adequately reflect up to date evidence including new visitor survey data and local plan housing requirements. Not having an adequate mitigation scheme in place could cause uncertainty for developers, and may require bespoke mitigation schemes, as Natural England and other parties could argue that the level of mitigation of in-combination impacts is not sufficient to prevent harm to designated habitats sites, and object to individual planning applications on that basis.    A reduced tariff which does not cover the full costs of mitigation could also place undue financial burdens on the Council as Competent Authority, as we would need to cover the shortfall under the Partnership Agreement (clause 6.2.3.9), as set out in APPENDIX 6.   The tariff approach has been successfully implemented to date and supported at appeal. Overall, a strategic mitigation scheme that factors in the impacts of anticipated growth across the Essex Coast RAMS area, as is in place at many other designated habitats sites in England, is the preferred option to individual assessments. It is endorsed by Natural England, and is a solution that has been in place, working well in Southend since 2020.   There is likely to be associated legal risks with maintaining a dated mitigation package that does not adequately reflect the up-to-date evidence.  This could result in additional costs to the Council in the longer term.   No other options have been identified.

Date of Decision: August 4, 2026