Habitat Regulations Assessment (HRA)

Under the Conservation of Habitats and Species Regulations 2017 (the Habitat Regulations) we have a duty to protect habitats and species in designated areas.

International and European wildlife designations cover a large part of the Essex coastline. These seek to protect wildfowl and wading birds as well as their coastal habitats.

New residential developments in much of our district, (our zone of influence) are likely to have a direct effect on designated parts of the Essex coastline.

For developments within the zone of influence, we have to:

  • assess the impact of new development on designated areas
  • protect designated areas from the impact of increased visitor numbers

You can find our district's zone of influence on this map.

Our approach

We have worked with 11 other Essex authorities and the Bird Aware Essex Coast initiative to develop a single approach to manage visitor impact.

The Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) provides:

  • a process to meet our obligations under the Habitat Regulations
  • a series of mitigation measures. These measures encourage everyone to enjoy their visits responsibly
  • a method of funding the mitigation measures

The detail of the RAMS is set out in a supplementary planning document

We fund the mitigation measures using Habitat Regulation Assesment (HRA)payments from developers. Developers will need to pay if their schemes is for:

  • a residential development for a net gain of one or more new dwellings
  • in our zone of influence

All schemes proposing a net gain of one or more dwellings must make a financial contribution of £125.58 per dwelling if the application is for:

  • Outline Permission with all reserved matters
  • Outline permission with some reserved matters
  • Reserved Matters (where we did not address HRA at the outline stage)
  • Residential new build
  • Residential Conversions
  • Prior Approvals
  • Variation of Conditions (where we did not address HRA with the original application)

Levels of contribution

Developments with a net gain of 1 to 9 new dwellings

For developments of 1 to 9 new dwelling, you can:

  • pay the tariff upfront via a card payment under S.111 Local Government Act 1972
  • enter into a Unilateral Undertaking under S.106 Town & Country Planning Act 1990. This will secure the payment of the tariff in the future

So that we can validate your planning application, you need to:

  • complete the online HRA Payment Form
  • tell us on the form how you want to pay your tariff

Submit your HRA Payment form

If you are making a card payment you can do this when you compete the form. You will need to pay the tariff of £125.58 per along with an admin fee of £100.00

If you are making a Unilateral Undertaking, you will need to

  • complete the Unilateral Undertaking request form
  • pay our legal fee of £300.00 for the preparation of the agreement
  • pay an administration fee of £100.00

Developments with a net gain of 10 or more new dwellings

Developments for 10 or more new dwellings are likely to need a Section 106 agreement subject to us granting planning permission.

For developments of 10 or more new dwelling, you can:

  • pay the tariff upfront via a card payment under S.111 Local Government Act 1972
  • enter into a Unilateral Undertaking (a freestanding legal agreement separate from any S106 required) to secure the future payment of the tariff
  • incorporate the payment in the Heads of Terms for the S106 agreement

So that we can validate your planning application, you need to:

  • complete the online HRA Payment Form
  • tell us on the form how you want to pay your tariff

Submit your HRA Payment form

If you are making a card payment you can do this when you compete the form. You will need to pay the tariff of £125.58 per along with an admin fee of £100.00

If you are making a Unilateral Undertaking, you will need to

  • complete the Unilateral Undertaking request form
  • pay our legal fee of £300.00 for the preparation of the agreement
  • pay an administration fee of £100.00

if you want to incorporate your HRA payment in the Heads of Terms for the Section 106 agreement you only need to tell us this on the HRA Payment Form.  You do not need to take any further action at the validation stage.

 

Section 106 and Unilateral Undertakings

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525