FMMCD4b: Memorandum of Understanding between Dorset Council and Dorset Wildlife Trust

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Introduction

1. This Memorandum of Understanding (MoU) has been jointly prepared by Dorset
Council (DC) and Dorset Wildlife Trust (DWT). Hereafter referred to as the parties.

2. This MoU relates to the examination of the Purbeck Local Plan (2018-2034). The local
plan was submitted for examination in January 2019. Hearing sessions were held as
part of the examination between July and October 2019. The Planning Inspector
examining the local plan published a Post Hearing Note in March 2020. The Planning
Inspector stated in her note that:

‘I am reasonably satisfied at this stage that with Main Modifications the Plan is likely to
be capable of being found legally compliant and sound, my advice given and the
comments made now are without prejudice to my final conclusions on the Plan.’

3. The Inspector’s note sets out a series of changes that she considered needed to be
made to the local plan, and schedule of suggested Main Modifications (SD14), to make
the local plan sound and legally compliant. After considering the Inspector’s note,
representations made on the local plan and the matters raised during the hearing
sessions the council prepared a schedule of proposed Main Modifications for
consultation. The council also published updated assessments (including a
Sustainability Appraisal and Habitats Regulations Assessment) and other supporting
evidence (including an updated 5 year housing land supply and infrastructure delivery
plan) with the proposed Main Modifications.

4. The consultation was held between November 2020 and January 2021. The council
published copies of the responses made on the proposed Main Modifications and a
consultation response document in May 2021. The council found merit in the
representations relating to proposed Main Modifications to ‘Policy V2: Green Belt’ and
its supporting text (proposed Main Modifications 6 and 7) and to ‘Policy I5: Morden Park
strategic suitable alternative natural green space (SANG) and holiday park’ and its
supporting text (proposed Main Modifications 76 and 77). In response to these matters
the council has invited the Planning Inspector examining the local plan to consider
further Main Modifications to these policies which would delete reference to release of
Green Belt at Morden for a holiday park.

5. The council and Charborough Estate intended that the Morden holiday park would act
as enabling development to support delivery of the strategic SANG. The council
continues to support delivery of a strategic SANG at Morden independently of the
proposed holiday park. It has started, but not concluded, discussions with the
Charborough Estate on this matter. Given the uncertainty around the delivery of a
strategic SANG at Morden the council has sought to investigate interim measures to
mitigate the impacts of residential development on Dorset Heaths Special Area of
Conservation (SAC), Dorset Heathland Special Protection Area and Ramsar and Dorset
Heaths (Purbeck & Wareham) & Studland Dunes SAC (here after collectively referred
to as Dorset heaths habitat sites).

6. This MoU relates to one of the interim measures which the parties will seek to deliver to
mitigate the impacts of residential development during an interim period between April
2018 and March 2024.

Proposed interim mitigation measure

Location and description of the proposed interim mitigation measure

7. The site of the proposed interim mitigation measures is positioned in north western
Purbeck close to the eastern edge of Bere Regis and the A35. The western edge of the
site is adjacent to part of the Bere Regis Conservation Area and the ‘manorial
settlement’ of Court Farm which is designated as a Scheduled Monument (list entry
number: 1015352 listed in October 1971) and Court Farm House which is listed as a
grade II listed building. There are several habitat sites [1] positioned close to the site
including Black Hill Heath (designated as a Special Protection Area (SPA), Special Area
of Conservation (SAC), Ramsar and Site of Special Scientific Interest (SSSI)) to the
west and Morden Bog and Hyde Heath to the east (designated as a SPA, SAC, Ramsar
and SSSI).

8. The proposed interim mitigation measure comprises a heathland infrastructure project.
Specifically, the parties will work together to enhance public access to existing
agricultural land by creating a Suitable Alternative Natural Greenspace (SANG). The
SANG will include permissive walking routes, a car parking area for visitors and
supporting infrastructure. There is potential to deliver a SANG in two phases, this MoU
relates to the first phase.

9. The plan in Appendix 1 identifies the proposed SANG (Phase 1) at Court Farm.
(Referred to as ‘the site’ elsewhere in this MoU). The proposed SANG covers an area
of approximately 11.5 hectares. Part of the site is already accessible via a public right of
way, footpath SE6/28. The footpath runs from adjacent agricultural buildings at Court
Farm along the south western edge of the proposed SANG. The site for the proposed
SANG is:

• positioned adjacent to a scheduled monument, listed building and a conservation area;

• not subject to any local or national nature conservation designations; and

• not subject to significant flood risk from the adjacent Bere Stream or surface water flooding.

10. The parties consider that there is potential to change the use and character of the land
so that it is more attractive to visitors who might otherwise visit Dorset heaths habitat
sites in a manner which takes account of the constraints outlined above.

11. The SANG specification and detailed design is yet to be established, but as a matter of
principle the council is satisfied that there is potential for the site to act strategically in
mitigating the impacts from residential development within the Purbeck area. The
parties are satisfied that there is potential:

a) for the site to be accessible on foot from Bere Regis;
b) for a visitor car park to be delivered on the site;
c) for a circular walk to be formed within the site which begins and finishes at a visitor car
park (the length of the walk will be subject to detailed discussions around the design
of the proposed SANG);
d) to achieve links between the site with adjacent rights of way which will provide
opportunities for extended circular walks;
e) to manage the proposed SANG to give it a ‘wild/natural character’ which is likely to be
attractive to visitors.

Delivery

12. DWT own the site identified in Appendix 1. There are existing tenants on the land who
have an interest in it. Existing tenancies are due to end shortly. DWT expect to be able
to deliver a SANG on the site by 31 March 2023.

Matters agreed

13. The following matters have been agreed between the parties:

a) The site at Court Farm, identified in Appendix 1, is a suitable location for a SANG.
b) DWT own the land identified in Appendix 1 and there are no legal restrictions that
would prevent the SANG from being delivered by 31 March 2023.
c) The parties have agreed to work together to deliver, subject to contract, a SANG at
Court Farm.
d) That planning permission is required for use of the land as SANG.
e) That there is potential to extend the SANG into a further area of the site as a second
phase, and for further Heathland Infrastructure Projects linked to the SANG area.
These would be subject to future agreement.
f) This Memorandum imposes no legal obligation on Dorset Wildlife Trust to deliver the
SANG and it is signed without prejudice and subject to contract.
g) Dorset Wildlife Trust retains the right to investigate and develop other uses of the
wider site in parallel to the development of the SANG.

Establishing the SANG Specification

14. Prior to any legal agreement to establish the SANG the following matters need to be
investigated and defined by the parties and will form the SANG specification:

a) The nature conservation value of the land at Court Farm [2].
b) The detailed timescale for the establishment of the SANG.
c) The design of the proposed SANG including:
i. The position and size of the proposed car parking area.
ii. The design, route, and length of the permissive paths across the proposed
SANG.
d) The detailed measures required to manage, monitor and maintain the proposed
SANG.
e) The cost of delivering, managing, monitoring and maintaining the proposed SANG in
perpetuity.
f) The financial contribution provided by the council to fund delivery, management,
monitoring and maintenance of the proposed SANG in perpetuity.
g) The terms of any contract between Dorset Council and Dorset Wildlife Trust.

Declaration

Signed on behalf of: Dorset Wildlife Trust

Brian Bleese, Chief Executive, 9 September 2021

Signed on behalf of: Dorset Council

Michael Garrity, Head of Planning, 9 November 2021 

Appendix 1 – Map to show proposed SANG Court Farm

Footnotes