PROPOSAL: Re-development of land to include housing, retain, petrol filling station, leisure/tourist development with access and open space

LOCATION: Land adjoining Harbour Road, Seaton

Thank you for consulting Natural England on this proposal. I apologise for the lateness of our response and hope that you will still be able to take our comments into consideration when determining the application.

Commenting on the proposal has been made very difficult by the fact that some of the information presented covers only the application area whilst the master planning and other data cover the whole of the redevelopment area. The riverside area is likely to be the most ecologically sensitive and this is not part of the current application. This raises doubts over whether the development in its entirety can be achieved in an acceptable way?

PROTECTED SITES

As you know, there are a number of European sites within the vicinity of the application – Sidmouth to West Bay SAC, River Axe SAC and Beer Quarry and Caves SAC. It is essential that any potential impact on these sites is identified and either avoided or adequately mitigated. Our view on each of these is as follows:

The development itself is unlikely to have any direct impact upon this SAC.

There may be indirect effects on the Axmouth to Lyme Regis Undercliffs SSSI/NNR which forms part of the SAC as a result of increased visitor numbers on the South West Coast Path and along the beach east of Axmouth. We would therefore wish to work very closely with EDDC in developing the proposed visitor centre and tourist facilities to ensure that any impacts are avoided, or adequately mitigated.

This SAC lies 2.5km north of the proposal so will not be directly affected. However, as stated in 9.72 the interest features include sea lamprey which are migratory fish. It is therefore important that any activities which may impede their passage through the estuary are prevented or timed to avoid the periods when these species might be migrating through. These include any work which might disturb sediments or create acoustic disturbance in the estuary, e.g. pilling, construction of new sea walls, etc.

For sea lamprey key times are April – May for upstream migration and August – October for downstream migration. Additionally the Environment Agency advise that works which may affect salmon migration are restricted to October-February and take place during daytime only. (NB Salmon are not a qualifying feature of the SAC, only the SSSI. Sea trout are not a feature of either designation).

Further detail must therefore be added to section 9.193 of the ES to identify precisely which construction operations are likely to result in such disturbance and whether they can be adequately mitigated.

[This is a particular example of how the exclusion of the riverside area makes an assessment of the potential impacts of the development very difficult, since there are references to activities which could have such an impact. E.g. 14.95 refers to a "sea wall to the Axe Riverside development" but this area is not the subject of this application. If the sea wall is key to the development of the remainder of the site then its potential impact on the SAC fish species should be considered "in combination" with this application. ]

The development will not have any direct impacts upon the SAC itself, being 3km distant from the proposal. However we do have concerns regarding the impact upon bat species which currently use the area for foraging and commuting and may form part of the SAC populations:

9.177 and 9.205 State that "Given the high levels of bat use of the River Axe, it is vital that any light spill from the development is minimized as far as possible." A specific commitment to this from the developers must be secured to avoid any potential disruption to key communing routes to/from Beer Quarry and Caves SAC.

9.179 and 9.201 Identify the ditch along the northern side of the development as being "important to bats commuting to mating/hibernating sites during the autumn." We have some concerns whether this foraging/commuting corridor can be adequately protected and retained during the development phase given that this ditch has been identified as the principle receiver of storm water for the development. It is proposed (14.64) to enlarge it by at least 9.0m into the application site which will require major re-engineering of this area and a consequent disruption of the corridor.

The proposed timings in 9.202 suggest that the work will be done in a single year between November and February. This would be acceptable in terms of avoiding disruption to bats but may be logistically impractical in a wet winter and confirmation should be obtained form the developer.

As specified in 9.179, light levels in this area must also be kept to a minimum.

PROTECTED SPECIES

9.184 Concludes that there is potential for a major adverse effect on bats through the loss of roosts which may be identified during site clearance.

9.200 states that "both the Lyme Bay chalets and the derelict chalets in the caravan park should be subject to a detailed internal inspection prior to demolition" but there is nothing in the mitigation which addresses measures to be implemented or procedures to be followed should a bat roost be identified. There must be agreed procedures in place for creating replacement roosts at suitable locations with in the development should any existing roosts be identified. The provision of bat boxes and potential habitat enhancements will not be sufficient to mitigate for the loss of an actual roost.

This is another instance where the exclusion of the Riverside Workshops area makes an assessment of the potential impacts of the development very difficult. 9.65 states that "Access was not granted to survey for bats and reptiles in the Riverside Workshops area. As there were a number of buildings in this part of the proposed development site that are likely to have been suitable for roosting bats, as well as the possibility of potentially suitable reptile habitat being present, it must be assumed that bats and reptiles are present in this area". The riverside area, along with the area bordering the marshes to the north, will be the most suitable for alternative roost provision, should this become necessary.

(See also Beer Quarry & Caves above.)

Natural England is satisfied that the appropriate methodology for the Landscape and Visual Impact Assessment has been utilised, including the

consideration of the impact of the proposal on the South West Coast Path

and other Public Rights of Way. The use of Landscape Character Assessment and Character Area data is also recognised. We are pleased to see that the local vernacular is to be considered in the design of the new residences, to promote a sense of continuity with the town and that areas of green space have been integrated into the proposal.

Please call me if you wish to discuss anything in more detail.

Yours sincerely

AMANDA NEWSOME

Conservation Officer - East Devon & Exeter

Direct Dial: 01392 889773

email: amanda.newsome@naturalengland.org.uk