Agenda item

Habitat Regulations Delivery Manager

The report advises Members of the processes undertaken, including significant engagement / consultation, to arrive at a final set of proposals in respect of protective zones within the Exe Estuary.

The Executive Committee considered the Habitat Regulations Delivery Manager’s report setting out the legal background and detailed process, including comprehensive consultation and engagement, to arrive at a set of proposals for two protective Wildlife Refuges on the Exe Estuary at Dawlish Warren and Exmouth.

Members noted that the Wildlife Refuges presented one of the most significant, albeit voluntary, changes to access in the Estuary for a number of years and were required as result of a significant increase in human population, associated recreational activities and evidence, which indicated the significant impacts this had on protected species and habitats. The protected species depended on the Estuary for survival and the evidence coupled with a precautionary approach required by legislation made it clear that doing nothing was not an option. To work effectively, the Refuges would depend on the goodwill and education of people using the Estuary for their recreational pursuits. It was recommended that the Executive Committee received annual monitoring reports in order to maintain an overview of how effective the Refuges were and that after three years there would be an overarching review of monitoring results.

The Delivery Manager thanked all those that had shared their views and had engaged in the process. It was recognised that not everyone would be happy with the proposals, however the recommendations were considered to be the best possible compromise.

Councillor Humphrey Clemens reported that he felt that a considerable amount had changed over the last year to the proposals and the areas in question had reduced considerably. He had attended a trip by boat to see the areas and this had proved very useful. There were still large areas available for recreational use. He had witnessed a single kayak disturb a flock of widgeon, who had not returned. This had evidenced that even relatively small craft caused disturbance. It was the Committee’s duty to protect bird life and it was the intention to make the proposals voluntary and estuary users who were in trouble could use the protected zones He found that there was no evidence to suggest that he should not support the proposed protected zones.

Councillor Phil Twiss asked what the arrangements were for the patrol boat. The Delivery Manager reported that there was a budget of £22K available to purchase a patrol boat and that the purchase of this had been on hold pending the outcome of the wildlife refuge proposals. Councillor Twiss reported that the composition of the Committee had changed recently and that he was relatively new to it. The Exe Estuary was a finite resource and considered that the restricted zones were a small part of it. The pressures on natural resources would increase as the number of houses built increased. This would inevitably mean a growth in the users of the Exe Estuary.

CIL and S106 monies would help the Exe Estuary. Councillor Twiss reported that he did not like the idea of compulsory zones. A voluntary exclusion zone gives an opportunity to trial it. Doing nothing was not an option and he wanted the new zones to be properly maintained.

Neil Harris then read out the statement from Peter Lacey, during which he stated he was not fully qualified to make a judgement on the proposed restricted zones for the Exe Estuary, but still considered that they were a proportionate response to the problem. Andrew Stanger the Natural England representative reiterated his organisation’s previous comments. Councillor Clemens asked if the zones were reduced would this meet Natural England’s requirements to protect species on the Exe. The Natural England representative reported that he would not want to see them reduced further.

Neil Harris reported that previous patrolling of the area had been undertaken by volunteers. He confirmed that there was no current active enforcement of the bylaws.

Councillor Daniel Gottschalk, Chairman, wished to thank all those who had taken part in the process. Safety was paramount, these were only voluntary refuges, and residents were able to use all of the Exe Estuary for safety purposes. He confirmed that he would make sure that all users would be engaged and feedback would be received from all users.

RESOLVED:

1)         that the outcome of the comprehensive consultation exercise on the introduction of Wildlife Refuges be noted. The Executive Committee wished to record its thanks to the Exe Estuary Management Partnership for undertaking the initial stages of the exercise;

2)         that establishing two Wildlife Refuges at Exmouth and Dawlish Warren as recommended in Section 6 of the Exe Estuary Management Partnership’s report ‘Exe Estuary Zonation Review – Consultation Report’, subject to a change to preclude the use of powerboats in the Exmouth Refuge between 15 September to 31 December, be approved;

3)         that Exeter City Council be recommended to undertake a review of Byelaw 4a (relating to use of powerboats in the designated ‘Powerboat’ zone) with a view to precluding use of powerboats in the designated area between 15 September to 31 December;

4)         that the Executive Committee receives an annual Wildlife Refuge Monitoring Report;

5)         that the Executive Committee receives an overarching review of monitoring results after completion of the third year of monitoring (2021).