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Habitats Regulations Assessment Record Sept 2013

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Habitats Regulations Assessment Record Sept 2013 H A M P S H I R E CITIES OF PORTSMOUTH & SOUTHAMPTON AND NEW FOREST & SOUTH DOWNS NATIONAL PARKS Hampshire Minerals & Waste Plan Assessment Under the Habitats Regulations HABITATS REGULATIONS ASSESSMENT RECORD July 2013 Final Habitats Regulations Assessment Record Sept 2013 Summary 2 1 Introduction 3 1.1 Requirement to undertake Habitats Regulations Assessment (HRA) for 3 Development Plans 1.2 The purpose of the report 4 1.2.1 Previous reports undertaken 4 1.3 Methodology and timing of HRA 6 1.3.1 Sources of information 7 1.3.2 Limitations 7 1.4 Supporting information (including European Site data) 8 1.5 The structure of the HRA Record 9 2 Screening for significant effects 10 2.1 Description of the Plan 10 2.2 Likelihood of significant effects 11 2.2.1 Assessment of in-combination effects 11 2.3 Need for Appropriate Assessment 13 3 Appropriate Assessment & Effects on Site Integrity 16 3.1 Process undertaken to assess ‘screened in’ sites 16 3.1.1 Assessing the effects on site integrity 17 3.1.2 Data sources used 17 3.1.3 Assumptions used during Appropriate Assessment 18 3.2 Potential effects on site integrity identified 22 3.2.1 Physical damage/loss of habitat 22 3.2.2 Changes to hydrology and water quality 23 3.2.3 Displacement of recreation 24 3.2.4 Air quality (toxic and non-toxic contamination) 25 3.2.5 Non-physical disturbance from noise/vibration and light 26 3.3 European sites potentially affected 28 3.3.1 Avon Valley 28 3.3.2 Dorset heathland 32 3.3.3 New Forest 37 3.3.4 Solent 43 3.3.5 Thames Basin Heaths 47 3.3.6 Mottisfont Bats SAC 49 3.3.7 River Itchen SAC 51 3.4 Considering whether the effects are cumulative 53 3.5 Monitoring 59 3.6 Measures for avoiding adverse effects on site integrity 59 3.7 Conclusion of the Appropriate Assessment 60 4 Consultation 61 4.1 Consulting on the methodology and baseline data 62 4.2 Consulting on the results of the screening exercises 63 4.3 Consulting on the scope of the Appropriate Assessment 64 4.4 Consulting on the HRA Record 65 4.5 Summary of advice received from Natural England 66 2 Habitats Regulations Assessment Record Sept 2013 Summary The partner Minerals and Waste Planning authorities, as Competent Authorities with respect to the Hampshire Minerals and Waste Plan (the Plan), and with all the legally delegated powers under the Habitat Regulations (1)have undertaken a Habitat Regulations Assessment (HRA) during the preparation of this Plan, in conjunction with Land Use Consultants (LUC). This report has been prepared on behalf of the partner authorities which are jointly preparing the Plan. This report provides a record of the assessment of the policies in the Plan. Required under Regulation 102 of the Habitat regulations, HRA is the process by which the Competent Authority undertakes in order to confidently conclude whether or not that a land-use plan would have a significant effect on the integrity of a sites designated for European level importance for nature conservation. Elements of the Plan (including the policies, site proposals and elements which direct the interpretation of the policies) are evaluated to ascertain whether, if implemented, they would have such an effect on European sites. The Minerals and Waste Planning Authority is confident after conducting an appropriate level of assessment for the Plan, and by applying legally enforceable and appropriate suite of mitigating measures in relation to potential impacts on European sites, the development proposed to bring forward the required capacity can be delivered. The assessment has been undertaken in consultation with Natural England and other nature conservation consultees. The assessment builds upon previous assessment stages and is a report of an iterative process. The report will be revisited prior to the formal publication of the Hampshire Minerals and Waste Plan, and adoption by the partner authorities. This is the final HRA Record (July 2013), which has been prepared in support of the adoption of the Hampshire Minerals and Waste Plan. 1 The Conservation of Habitats and Species Regulations 2010 (as amended) Habitats Regulations Assessment Record Sept 2013 3 Section 1 Introduction 1.1 Requirement to undertake Habitats Regulations Assessment (HRA) for Development Plans 1 In Great Britain, the Habitats Directive has been transposed into national law by means of ‘the Habitats Regulations'(2). Regulation 102 refers to the need for an assessment of 'land-use plans' that meet specified criteria. This requirement applies to Local Development Documents(3). The Hampshire Minerals and Waste Plan falls within the definition of a Local Development Document(4) and requires assessment under the Habitats Regulations. 2 Previously it had been considered that the Habitat Regulations(5), working in tandem with development plans, provided sufficient protection for ‘European’ sites. Following a European Court of Justice ruling, it was confirmed that development plans must themselves be subject to ‘Appropriate Assessment’ under the Habitat Regulations in order to demonstrate that their implementation would not adversely affect the integrity of such sites. In other words, it is no longer sufficient for development plans to rely on regulations – instead they must be assessed to demonstrate no likely adverse effect(6). 3 The Habitats Regulations contain a number of requirements that planning authorities (i.e. Competent Authorities) must comply with. Regulation 102 applies to land-use plans and states: "(1) Where a land use plan— a. is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and b. is not directly connected with or necessary to the management of the site, the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives". 4 The procedure for satisfying this requirement is known as a Habitats Regulations Assessment. 2 The Conservation of Habitats and Species Regulations 2010 consolidates and replaces the Conservation (Natural Habitats, &c.) Regulations 1994 in England and Wales. 3 Regulation 102: Assessment of implications for European sites and European offshore marine sites. 4 Regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012. As amended June 2008) 5 The Conservation (Natural Habitats &c.) Regulations 1994. 6 Amendments to the Habitats Regulations to implement the ruling were published for England and Wales in July 2007. The Conservation of Habitats and Species Regulations 2010 consolidate and replace the previous regulations and amendment regulations (amended August 2012). 4 Habitats Regulations Assessment Record Sept 2013 1.2 The purpose of the report 5 The purpose of this report is to document the full assessment under the Habitats Regulations that has been used to assess the potential effects of the Hampshire Minerals and Waste Plan (the Plan) on European sites. The main objectives of this report are as follows: 1. To describe how the planning authorities have assessed the Plan and satisfied the procedural requirements of the Habitats Regulations; 2. To demonstrate the need for an Appropriate Assessment, and provide a record of the subsequent assessment undertaken; 3. To explain how the appropriate nature conservation bodies have been consulted, and taken advice from these bodies on the conclusions in this report. 6 This is the final HRA Record (July 2013), which has been prepared in support of the adoption of the Hampshire Minerals and Waste Plan. 7 The Hampshire Minerals and Waste Plan was submitted to the Secretary of State in February 2012 and was subject to a public examination which ran until May 2013. In May 2013, the Planning Inspector issued his report which concluded that the Hampshire Minerals and Waste Plan was sound, subject to the main modifications identified as part of the public examination process being incorporated into the Plan. 8 This final version of the Record has been prepared following the completion of the public examination which included two sets of public hearings in June 2012 and March 2013, a consultation on proposed modifications to the Plan (October 2012) and the receipt of the Inspectors Report. 9 This final HRA Record updates previous versions of the HRA Record produced at submission (October 2012) and as part of the public examination. 10 This document should be read in conjunction with the Hampshire Minerals and Waste Plan Habitats Regulations Assessment Record appendices as revised(7). 1.2.1 Previous reports undertaken 11 This report (the HRA Record) is part of a 'suite' of HRA documents prepared in support of the Hampshire Minerals and Waste Plan as it has been prepared. This record builds upon seven previous reports therefore as follows: 1. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - HRA Record (Submission) - October 2012. 2. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - HRA Record (Submission) - February 2012. 3. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - Methodology & Baseline Draft Report - February 2011. 4. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - Screening Report (Version 1) - March 2011. 7 Assessment under the Habitats Regulations - HRA Record Appendices (Hampshire Authorities, July 2013) Habitats Regulations Assessment Record Sept 2013 5 5. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - Screening Report (Version 2) - June 2011. 6. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - Screening Report (Version 3) - September 2011. 7. Hampshire Minerals and Waste Plan: Assessment under the Habitats Regulations - Screening Report (Version 4) - October 2011. 12 Natural England and other nature conservation bodies have been consulted on each of these supporting documents.
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