Essex has some beautiful coastal areas, which are home to many internationally important species of birds. The Essex Coast is also a major destination for recreational use such as walking, bird-watching and water-sports; the predominant users being Essex Residents.
In an attempt to try and minimise the disturbance recreational visitors cause to the protected birds and the coastal areas, 12 Essex Local Planning Authorities have partnered with Natural England to adopt the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) Supplemental Planning Document (SPD).
The Essex Coast RAMS requires all new dwellings near a protected coastal area in Essex to provide a contribution to mitigate the impact the occupiers of the dwellings will have on the protected birds and coastal areas.
If you have a planning application for a site near a protected area that has been refused, and you are currently appealing or looking to appeal to the Planning Inspectorate, you will need to secure a mitigation contribution by entering into a Section 106 Planning Obligation.
The majority of Inspectors appointed by the Planning Inspectorate to determine appeals in Essex are not familiar with the Essex RAMS. You will therefore need to advise the Inspector what the contribution is for, and how it satisfies one of the reasons your planning application was refused.
Holmes & Hills Solicitors are able to offer a fixed-fee RAMS Package, including a S106 Unilateral Undertaking and an explanatory statement for the Inspector, to ensure that the Essex RAMS SPD requirements for your appeal site are met.