Natural England’s Draft Delivery Plan is based on “flawed” interpretation of the Birds and Habitats Directives
The inquiry on the draft Regional Spatial Strategy for the South East will hear today that Natural England’s draft delivery plan, outlining the mitigation standards for new homes close to the Thames Basin Heaths Special Protection Area (SPA), “appears to be unsound” according to a written legal opinion provided by leading counsel, Robin Purchas QC.
In his analysis of the interpretation and application of the habitats regulations that form the basis of Natural England’s proposals, Robin Purchas QC states that “the advice given is flawed…and the conclusions would not… be in accordance with the Birds and Habitats Directives.” The advice comes just a few days before the second round of technical panel sessions on the SPA in the Examination in Public (EIP) of the draft Regional Spatial Strategy for the South East.
Earlier this year, HBF also commissioned research from independent ecological advisors, EDP. Their analysis indicates that Natural England’s Draft Delivery Plan is based on a false premise, making incorrect assumptions from a transfer of findings from the Dorset Heaths SPA.
HBF Executive Chairman, Stewart Baseley, says: “The current deadlock threatens the viability of many home building and associated businesses based in the Thames Basin - with clear consequences for many hundreds of jobs. It also puts at risk 40,000 new homes over the next ten years – including 12,000 units of affordable housing - in a region facing the country’s worst affordability problems outside London.
“After demonstrating that the ecological basis of the Draft Delivery Plan is unsound, it now seems that its legal position is flawed. There is now an extremely powerful case for the Government and other parties immediately to ease the current restrictions on new housing in the Thames Basin Heaths area.”
Notes for Editors
1. The Home Builders Federation (HBF) is the principal trade federation for private sector home builders and voice of the home building industry in England and Wales. The HBF’s 300 member firms account for over 80% of all new homes built in England and Wales in any one year, and include companies of all sizes, ranging from multi-national, household names through regionally based businesses to small local companies: www.hbf.co.uk
2. The opinion of leading counsel, Robin Purchas QC, has been commissioned by HBF.
3. Environmental Dimension Partnership (EDP) was commissioned by HBF and the Thames Valley New Homes Coalition to undertake a study related to the Thames Basin Heaths SPA in May this year.
4. Natural England’s interpretation of the ecological evidence relating to the protection of rare ground-nesting birds in the Thames Basin Heaths and of the requirements of the habitats regulations in respect of mitigation of the potential impacts of new residential development in adjacent areas underlie the proposed requirements of its draft delivery plan. The evidence base for the draft delivery plan is currently being considered by the Examination in Public of the draft Regional Spatial Strategy for South East England. HBF’s legal opinion was submitted to the EIP on 11 December 2006. It will be discussed at the inquiry’s technical session on 18 December 2006.
5. The extent of Britain’s housing undersupply:
· The rate of household formation is set to increase by 23% over the next twenty years. If housing supply remains at 2005 levels, there will be a shortage of 50,000 homes each year across England (ODPM statistical release, household projection figures, 14 March 2006)
· Accessibility to the housing ladder is 300% worse in 2006 than in 1996 (RICS Accessibility Index, 24 August 2006).
· More than a third of all working households under 40 cannot now afford to buy a home even at the low end of the housing market. In the South of England, the situation is even worse, with half of all working households under 40 in this position (Joseph Rowntree Foundation research, 21 September 2006)
· Seven out of ten of today’s ten year olds will not be able to afford to buy their own homes if current rates of homebuilding are continued (ODPM figures, 10 October 2005)
For media information, please contact:
Toby Orr
0207 404 5344
07736 175311
toby.orr@portlandpr.co.uk