Coastal protection schemes to mitigate the effects of residential building

There are multiple pressures being heaped on our fragile coasts, with housing development being just one of those pressures. Specialist planning solicitor, Sarah Hare, discusses how the Essex RAMS coastal protection scheme is seeking to mitigate the problems associated with increased residential building projects in Essex.

The Essex Coast is recognised as an internationally important habitat for many protected species of bird. Surprisingly, the county has the second longest coastline in the UK and takes in many different types of wetland areas. During the winter months, waders, ducks and geese choose the Essex Coast and Estuaries as a warmer place to migrate to and, as a result, the majority of the Essex Coast and Estuaries are recognised and protected at national and international levels.

However, the Essex Coast is also heavily used recreationally by people enjoying the water and water’s edge. This in combination with rising sea levels, on account of climate change, is affecting the protected coastal areas and its wildlife, with birds particularly being affected.

With the reduction in habitats, a lot of our winter-visitors are having to be in closer proximity to humans and their dogs than they used to be. Such birds are easily startled and will take to the air if they feel vulnerable. This uses up valuable energy supplies for the protected birds; energy that is much needed to survive the colder months and the long migration home in the spring. A bird, if scared by a human or their dog, may be so uneasy they may then not eat for a prolonged period meaning they are less likely to refuel their depleting energy supplies.

This issue has now been exacerbated by the increase in the population of Essex, in part due to the number of homes constructed, with Essex residents being the biggest users of the protected coastal areas.

In an attempt to mitigate the damage residents of new dwellings will have on the protected coastal areas, 12 Local Planning Authorities (“LPAs”) have teamed together with Natural England and have all formerly adopted the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS). This strategy sets out mitigation measures to ensure the Essex Coast and Estuaries are protected.

In accordance with the RAMS, new residential development of 1 or more dwellings close to a coastal protection area now need to contribute £137.71* per dwelling, and developments of over 100 houses need to provide on-site mitigation measures to encourage residents to walk on or close to the development, and discourage them from visiting protected coastal areas.

These mitigation measures are usually secured by way of a planning obligation controlled by section 106 of the Town and Country Planning Act 1990. Such obligations are either by way of a s.106 Agreement or a Unilateral Undertaking both of which Holmes & Hills Planning solicitors can assist with. Therefore, if you have a residential development near a protected area of coastline or estuary it is likely that you will need to secure a RAMS Contribution and/or on-site mitigation measures via a s.106 Planning Obligation.

*correct at time of publication