Agenda item

A report seeking approval of the draft South Pennine Moors Special Area of Conservation/Special Protection Areas Supplementary Planning Document and supporting documents as the basis for a six-week public consultation.

Purpose of the Report:

The purpose of the report was to seek approval from the Cabinet of the draft South Pennine Moors Special Area of Conservation (SAC) / Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (detailed at Appendix 1 to the report), and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation; and to delegate approval to Assistant Director for Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SPD before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities (Rochdale Council and Tameside Council). This will enable stakeholders to have the opportunity to provide comments on the South Pennine Moors SAC / SPA SPD before it is formally adopted.

Reasons for the Recommendations:

Places for Everyone Plan (PfE Plan) is a joint development plan document of nine Greater Manchester authorities which was adopted on 21st March 2024. The PfE Plan sets out a clear spatial strategy for delivering new homes and businesses along with infrastructure to support development and to protect and enhance our towns, cities and landscapes. It covers a timeframe up to 2039.

The South Pennine Moors Special Area of Conservation (SAC) / Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (hereafter referred to as the ‘South Pennine Moors SPD’) is applicable to three of the PfE Plan authorities - Oldham (not including the area covered by the Peak District National Park), Rochdale and Tameside and is being prepared jointly by these three authorities.

The importance of the South Pennine Moors is reflected in a range of international, national and local habitat designations. It supports important breeding bird populations and is classified as a SAC and two SPAs. The SPD relates to the:

a.    South Pennine Moors SAC.

b.    Peak District Moors SPA.

c.    South Pennine Moors Phase 2 SPA.

Through the Habitats Regulation Assessment (HRA) process in support of the PfE Plan new development within parts of these authorities was identified as having the potential to cause an adverse impact on the protected habitats and species on the South Pennine Moors areas listed above. To mitigate against this potential harm, PfE Plan Policy JP-G5: Uplands provides policy which will ensure that new development in these areas will not result in an adverse impact on the protected habitats and species.

Options/Alternatives Considered:

Option 1 – To approve the draft South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning (SPD), and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation commencing no earlier than 1st November 2024; and to delegate approval for Assistant Director Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SAC/SPA SPD and supporting documents before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities who are jointly preparing the SPD (Rochdale Council and Tameside Council). This will enable stakeholders to have the opportunity to provide comments on the South Pennine Moors SPD before it is formally adopted. There are no disadvantages to this option.

Option 2 - To not approve the South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning Document (SPD) and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for consultation. This would prevent stakeholders commenting on the SPD. This would result in the future adoption of the document being contrary to planning regulations and would significantly limit the ability of the PfE authorities to secure appropriate development in the South Pennine Moors area of the three authorities.

Option 1 is the preferred Option.

Decision:

The Cabinet resolved to:

1.    Approve the draft South Pennine Moors Special Area of Conservation (SAC) / Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (detailed at Appendix 1 to the report) and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation commencing no earlier than 1st November 2024.

2.    Delegate approval for Assistant Director Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SAC / SPA SPD and supporting documents before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities who are jointly preparing the SPD (Rochdale Council and Tameside Council).

The Cabinet consdered a rpeort of the Director of Economy that was seeking approval from the Cabinet of the draft South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (detailed at Appendix 1 to the report), and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation; and to delegate approval to Assistant Director for Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SPD before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities (Rochdale Council and Tameside Council). This will enable stakeholders to have the opportunity to provide comments on the South Pennine Moors SAC / SPA SPD before it is formally adopted.

The recommendations were presented as the Places for Everyone Plan (PfE Plan) is a joint development plan document of nine Greater Manchester authorities which was adopted on 21st March 2024. The PfE Plan sets out a clear spatial strategy for delivering new homes and businesses along with infrastructure to support development and to protect and enhance our towns, cities and landscapes. It covers a timeframe up to 2039.

The South Pennine Moors Special Area of Conservation (SAC) / Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (hereafter referred to as the ‘South Pennine Moors SPD’) is applicable to three of the PfE Plan authorities - Oldham (not including the area covered by the Peak District National Park), Rochdale and Tameside and is being prepared jointly by these three authorities.

The importance of the South Pennine Moors is reflected in a range of international, national and local habitat designations. It supports important breeding bird populations and is classified as a SAC and two SPAs. The SPD relates to the:

a.    South Pennine Moors SAC.

b.    Peak District Moors SPA.

c.    South Pennine Moors Phase 2 SPA.

Through the Habitats Regulation Assessment (HRA) process in support of the PfE Plan new development within parts of these authorities was identified as having the potential to cause an adverse impact on the protected habitats and species on the South Pennine Moors areas listed above. To mitigate against this potential harm, PfE Plan Policy JP-G5: Uplands provides policy which will ensure that new development in these areas will not result in an adverse impact on the protected habitats and species.

Options/Alternatives Considered:

Option 1 – To approve the draft South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning (SPD), and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation commencing no earlier than 1st November 2024; and to delegate approval for Assistant Director Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SAC/SPA SPD and supporting documents before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities who are jointly preparing the SPD (Rochdale Council and Tameside Council). This will enable stakeholders to have the opportunity to provide comments on the South Pennine Moors SPD before it is formally adopted. There are no disadvantages to this option.

Option 2 - To not approve the South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning Document (SPD) and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for consultation. This would prevent stakeholders commenting on the SPD. This would result in the future adoption of the document being contrary to planning regulations and would significantly limit the ability of the PfE authorities to secure appropriate development in the South Pennine Moors area of the three authorities.

Option 1 is the preferred Option.

Resolved:

1.    That Cabinet approves the draft South Pennine Moors Special Area of Conservation (SAC)/Special Protection Areas (SPAs) Supplementary Planning Document (SPD) (detailed at Appendix 1 to the report) and supporting documents (detailed at Appendices 2 and 3 to the report) as the basis for a six-week public consultation commencing no earlier than 1st November 2024.

2.    That Cabinet delegates approval to the Assistant Director Planning, Transport and Housing Delivery to make minor, non-material modifications to the draft South Pennine Moors SAC/SPA SPD and supporting documents before consultation commences, subject to consultation and agreement with the two other Places for Everyone authorities who are jointly preparing the SPD (Rochdale Council and Tameside Council).