Site Allocations Plan Leeds Local Plan Post-Examination Hearing Note on HRA Matters: Response to Inspectors’ Questions Development Plan Document November 2018 Contents Page 1. Context and Inspectors’ Question 1-9 2 Appendices Appendix 1: Habitat Regulation Assessment: Screening & Appropriate Assessment for the Leeds Site Allocations Plan (SAP) – November 2018 16 Appendix 2: Advice from Natural England 62 Appendix 3 Plan of Leeds visitors to the SPM SPA/SAC (Bradford Visitor Survey information 2013) 67 Appendix 4: Further Proposed Modifications to the Submission Draft Plan May 2017 arising from the Habitats Regulations Assessment 6 1 of 71 Post-Examination Hearing Note on HRA Matters: Response to Inspectors’ Questions For ease of reference, some questions of the Inspectors (reproduced verbatim below) are punctuated by the reference “[x]”, corresponding to specific questions. Answers given to specific questions are prefaced by the same reference. 1. Context 1. Further to the submission of Examination documents EX35, EX35 and EX35b, the City Council has carried out further technical work on HRA Screening and has undertaken an Appropriate Assessment of the SAP. In response to the Inspector’s Post-Hearing Note, the following provides a response to these questions. In informing this material, the HRA Screening & Appropriate Assessment November 2018, is enclosed (at Appendix 1) and is cross-referenced as part of the response, where relevant. 2. In response to the Inspectors Post-Hearing Note, it should be emphasised also that the City Council has worked closely with Natural England (NE) on this further iteration (their response interim is enclosed in Appendix 2). Prior to the completion of this further version, the response from NE dated 7th September 2018 (Appendix 2), in response to the conclusion of an HRA completed in August 2018 (following on from the Hearing sessions but prior to the City Council’s receipt of the Post- Hearing Note) is also enclosed for completeness. Inspectors’ Question 1: How any suggested Main Modifications deleting housing / mixed use sites in Green Belt impacts on HRA? 3. Yes, a positive change which serves to reduce the level of potential impact. There are four proposed Main Modifications that will impact on the HRA. These relate to the proposed deletion of 4 sites within the Green Belt and the 7km zone of influence for potential recreational disturbance (7km Zone of Influence), of the South Pennine Moors Phase 2 (SPMP2) SPA/SAC European Site. 4. Plan 1 of the HRA Screening & Appropriate Assessment (see Appendix 1) (HRA SAA) shows the new housing growth in Leeds Metropolitan District within the 7km Zone of Influence (as identified by the Bradford 2013, South Pennine Moors Visitor Survey). In reflecting the Inspectors observations on broad locations and delivering housing growth over the next 5 years (see Inspectors Post Hearing note 5th October 2018), Plan 1 shows that through the SAP there are 11 sites proposed to 2023, which fall within the 7km zone. These sites have a total capacity of 627 units (see: paragraph 5.3 of the HRA SAA for a breakdown of capacity per site). 5. Plan 3 shows (in blue) the 4 sites formerly proposed for allocation and which will remain in the Green Belt. These would have contributed 586 units. Because of the proposed deletion, the number of units now proposed to be located within the 7km Zone of Influence will reduce from 1213 to 627 units. 2 of 71 6. A consequence of the above proposed Main Modifications (i.e. the reduction of 586 units), is the relationship and correlation between the number of units and the potential for recreational impacts on the SPMP2 SPA and SAC. Therefore, as the number of units within the 7km zone is being reduced, this will in turn reduce the potential for impact upon SPMP2 SPA and SAC. Fewer visitors therefore means that the potential impact upon sensitive habitats and species is reduced. 7. In addition to the approach described above, a series of ‘existing conservation measures’ are also in place within North West Leeds. These comprise the proactive management (together with its quality as a Green flag site) of Chevin Forest Park and the Leeds City Council – Parks and Countryside, “North West Leeds Country Park and Green Gateways” project. This level of provision, management and commitment, offer positive, local and viable alternatives to travelling to the SPMP2 SPA and SAC (see also response to Inspectors Question 4 below). Inspectors’ Question 2: How the ‘conservation’, ‘preventative’ and ‘compensatory’ measures set out in Column 6 (Appendix A {Appendix 2: Assessment of Likely Significant Effects} of EX35b) correspond to [relate to the impacts on] the natural habitats and their species in the SPA/SACs [1] and in general terms how the measures are monitored in respect of their effectiveness on the status of the SPA/SAC [2]. [1] 8. As highlighted (in Para. 1) above, further technical work has been undertaken following on from EX35b, resulting in the HRA SAA. As part of this, Column 6 provides clarification of ‘Type of Measure referred to as Avoidance Measure/Precautionary Avoidance Measure of Mitigation, in Columns 4 & 5’. This in turn specifies and categorises measures as, ‘conservation’, ‘preventative’ and ‘compensatory’, where appropriate. 9. Within this context, Para. 4.6 OF Appendix 1 (and Appendix 2 of this document, final Column 6) of the HRA SAA has identified the following Likely Significant Effects (LSEs) that were not ruled out at the Screening Stage, being: i. Potential recreational impacts through the increased disturbance to qualifying bird species and bird assemblage from increased visitor numbers to the SPA resulting from proposed residential allocations within 7km of the SPA boundary. ii. Potential recreational impacts through increased disturbance to qualifying habitats from increased visitor numbers to the SAC resulting from any allocations within 7km of the SAC boundary. 10. These two potential recreational impacts on the Site Integrity of the SPMP2 SPA and SAC would be the only impacts on the natural habitats and their species in these SPAs and SACs and the remaining SACs relating to the Metropolitan 3 of 71 District. Consequently, no other Column 6 ‘conservation’, ‘preventative’ and ‘compensatory’ measures, would have any such impacts. 11. The interrelationship between potential recreational impacts (identified at Para. 4.6 of the HRA SAA) and Site Integrity is outlined below. This is taken from the synopsis in Appendix 3 of the HRA SAA: i. SPM Phase 2 (SPMP2) SPA: the potential recreational impacts arising from additional visits from residents of the 627 new homes (from public access and dogs, off-lead) are: to feeding and breeding birds on the ground. Relevant bird species are the qualifying species of Merlin and Golden Plover, together with all the breeding bird assemblage: Lapwing, Curlew, Dunlin, Snipe, Redshank, Common Sandpiper, Short-eared Owl, Whinchat, Wheatear, Ring Ouzel and Twite; ii. SPMP2 SAC: the potential recreational impacts arising from additional visits from residents of the 627 new homes (from public access) are: degradation to the structure and function of qualifying habitats features. These are: Atlantic wet heaths, Wet heathland, Dry heathland, Blanket bogs, Transition mires and Quaking bogs, Very wet mires, and Old sessile Oak woods. 12. Section 5 of the HRA SAA concerns the assessment carried out of the above potential recreational impacts on Site Integrity. Para. 5.12 identifies existing conservation’, ‘preventative’ and ‘compensatory’ measures to reduce to an acceptable level any recreational impacts on the SPM P2 SPA and SAC. These are existing measures that provide the role in diverting deflecting recreational visits from the SPMP2 SPA/SAC and comprise of the management and enhancement of the following alternative accessible green spaces in North West Leeds: • The Chevin Forest Park Local Nature Reserve (Plan 4 HRA SAA) • The North West Leeds Country Park and Green Gateways project (Plan 5 HRA SAA). 13. Section 5 also notes that Core Strategy (CS) Policies SP13, G1, G3 and G4 would together secure the provision of on-site green space from the proposed allocations and provide for the enhancement of off-site green space in North West Leeds. The provision of on-site green space is a measure affecting the status of the SPMP2 SPA and SAC. 14. The above cumulatively comprise all of the measures which will avoid any adverse impacts on Site Integrity on the SPMP2 SPA and SAC to acceptable levels. [2] 15. The City Council’s Authority Monitoring Report (AMR) (CD1/39) provides an important means of monitoring the effectiveness of CS Policies SP13, G1, G3 and G4. The AMR, in turn specifies and records the expenditure on green infrastructure and green space provision and how these funds are being broadly spent, as an integral aspect of the development process. This summary gives 4 of 71 both a quantitative and qualitative overview of the operation of the CS green space Policies. 16. The AMR indicator number 24 concerns the provision of green infrastructure and green space, and is entitled “Provision of Green Infrastructure and green space as obtained through development process and other sources”. 17. The latest published AMR for 2016/17 confirms that over the previous 5 years, over £5M (of more than £7M) has been expended on green infrastructure and green space projects within Leeds, as a whole. In strategic terms, this illustrates that the Policies are effective in that they are successfully generating funds which are able to secure additional or enhanced green infrastructure and green space from new development. This in turn continues to secure alternative green space and green infrastructure resources within North West Leeds. A consequence of this approach is to deflect visitors away from the SPMP2 SPA and SAC, due to the size, scale, range and quality of alternative local green space provision being available.