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High Peak Local Plan Revised Preferred Options Draft Habitats Regulations Assessment Draft Version

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High Peak Local Plan Revised Preferred Options Draft Habitats Regulations Assessment Draft Version High Peak Local Plan Revised Preferred Options draft Habitats Regulations Assessment Draft version Prepared for: High Peak Borough Council Prepared by: ENVIRON Exeter, UK Date: March 2014 Project or Issue Number: UK18-18153 Contract No: UK18-18153 Issue: 2 Author Charissa Poynton (signature): Project Manager/Director (signature): Lesley Vining Date: 25 March 2014 This report has been prepared by ENVIRON with all reasonable skill, care and diligence, and taking account of the Services and the Terms agreed between ENVIRON and the Client. This report is confidential to the client, and ENVIRON accepts no responsibility whatsoever to third parties to whom this report, or any part thereof, is made known, unless formally agreed by ENVIRON beforehand. Any such party relies upon the report at their own risk. ENVIRON disclaims any responsibility to the Client and others in respect of any matters outside the agreed scope of the Services. Version Control Record Issue Description of Status Date Reviewer Author Initials Initials 1 Draft 28 Feb 2014 LV CYP 2 Final version 25 March 2014 LV VP High Peak Borough Council Draft Habitats Regulations Assessment Report Contents Executive Summary iii 1 Introduction 1 1.1 This Report 1 1.2 The need for Habitats Regulations Assessment (HRA) 1 2 The High Peak Local Plan 3 3 Methodology and European sites 4 3.1 HRA Methodology 4 3.2 The Identified European sites 5 4 The HRA to date 9 4.1 Introduction 9 5 Appropriate Assessment: air quality 11 5.1 Introduction 11 5.2 Background 11 5.3 Peak District Dales SAC 12 5.4 Conclusions 17 6 Appropriate Assessment: recreational pressure 19 6.1 Introduction 19 6.2 Peak District Moors (South Pennine Moors Phase 1) SPA and South Pennine Moors SAC 19 7 Appropriate Assessment: urban effects 31 7.1 Introduction 31 7.2 Background 32 7.3 Peak District Moors (South Pennine Moors Phase 1) SPA and South Pennine Moors SAC 34 7.4 Peak District Dales SAC 37 8 Appropriate Assessment: water quality 40 8.1 Introduction 40 8.2 Background 40 8.3 Peak District Dales SAC 40 8.4 Phosphate levels in the River Wye 42 8.5 The Buxton Sewage Treatment Works 44 8.6 Conclusions 48 9 Appropriate Assessment: wind turbines 50 9.1 Introduction 50 9.2 Peak District Moors (South Pennine Moors Phase 1) SPA 50 9.3 Conclusions 50 10 Summary and Conclusions 51 UK18-18153 Issue: 2 ENVIRON High Peak Borough Council Draft Habitats Regulations Assessment Report 10.1 Introduction 51 10.2 Remaining potential adverse effects 51 10.3 Suggested mitigation for remaining potential adverse effects 51 10.4 Conclusion 51 List of Tables Table 3.1: European sites considered in the appropriate assessment of the Local Plan 5 Table 5.1 Traffic flows on A roads that pass within 200 m of a component of Peak District Dales SAC 13 Table 5.2 Effect of estimated increased traffic on A roads that pass within 200 m of a component of Peak District Dales 16 Table 8.1. UK-wide conservation status assessments for the species present as a qualifying feature of Peak District Dales SAC 41 Table 8.2. Phosphate levels in the River Wye (Data source: Environment Agency) 43 Table 8.3. Phosphate data for Buxton sewage treatment works (data courtesy of Severn Trent Water) 45 Table 10.1: Summary of potential adverse effects from High Peak Local Plan and suggested mitigation 53 Appendices (provided as a separate document) Annex A Figures Annex B Detailed European sites information Annex C Details of previous HRA screening exercises Annex D Air quality assessment methodology and supporting information Annex E Abstract of Finney et al., 2005 regarding recreational disturbance of birds Annex F Excerpt of the Greater Nottingham Aligned Core Strategy HRA Annex G Supporting information relating to the potential effects of wind turbines UK18-18153 Issue: 2 ENVIRON High Peak Borough Council Draft Habitats Regulations Assessment Report Executive Summary This report presents the interim findings of the Habitats Regulations Assessment (HRA) of the Revised Preferred Options version of the High Peak Local Plan. This version will form the basis of the Submission version of the Local Plan. HRA is required under the EU Habitats Directive (92/43/EEC) for any proposed plan or project which is likely to have a significant effect on one or more European sites and which is not necessary for the conservation management of those sites. European sites contribute to the protection of habitats and species of high nature conservation importance within the European Community. They include Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). National planning policy also recommends that Ramsar sites should be afforded the same level of consideration as SPAs and SACs. The purpose of HRA is to determine whether or not significant effects are likely and to suggest ways in which they could be avoided. The High Peak Local Plan may only be adopted by the Council once it has determined that it will not adversely affect the integrity of any European sites. The High Peak Local Plan sets out a spatial vision to guide development across the Plan Area up to 2031. It includes 7 Strategic policies, 10 Environmental Quality policies, 7 Economic policies, 7 Housing policies, 7 Community Facilities policies and 17 specific site allocations policies. In February 2013 a Draft HRA Report was published for public consultation alongside the Preferred Options version of the Local Plan. That report concluded that one or more potential ‘likely significant effects’ (LSEs) could occur as a result of the Local Plan on the European sites shown in Table A, and these potential LSEs were progressed to the ‘appropriate assessment’ (AA) stage of the HRA process. Initial AA work, included in the Draft HRA Report, concluded that the Local Plan did not result in adverse effects on the South Pennine Moors Phase 2 SPA, so that European site was not considered further. Table A. European sites for which potential likely significant effects were identified as a result of the High Peak Local Plan SPAs SACs Peak District Moors (South Pennine Moors South Pennine Moors Phase 1) South Pennine Moors Phase 2 Peak District Dales The edits to the High Peak Local Plan between the Preferred Options and Revised Preferred Options versions were re-screened in January 2014. Where it was concluded that an edit to the Local Plan had a material impact on the conclusions of the HRA screening, the change was taken into account in the AA of the appropriate issue. The Revised Preferred Options version of the Local Plan has been subject to the next stage of HRA, Appropriate Assessment (AA). This report presents the results of an AA of whether or not each of the potential LSEs identified during the screening stage could result in adverse effects on the integrity of any of the European sites. UK18-18153 Issue: 2 iii ENVIRON High Peak Borough Council Draft Habitats Regulations Assessment Report At this stage, adverse effects could not be ruled out on the following European sites: Peak District Moors (South Pennine Moors Phase 1) SPA • Possible urban effects from development close to the site; • Possible air quality effects from operation of employment development close to the site; and • Possible effects of wind turbine development on designated birds. South Pennine Moors SAC • Possible urban effects from development close to the site; and • Possible air quality effects from operation of employment development close to the site. Peak District Dales SAC • Possible urban effects from development close to the site; • Possible air quality effects from operation of employment development close to the site; and • Possible water quality effects on phosphate levels in the River Wye from housing development in Buxton Mitigation measures have been suggested for the majority of the remaining potential adverse effects identified. Particularly in the case of water quality in the River Wye (part of the Peak District Dales SAC), we have recommended that a form of mitigation be proposed by the High Peak Borough Council, discussed and agreed with Natural England (and any other relevant organisations), and included within the Local Plan. Mitigation measures should be such that once the mitigation is included in a revised Appropriate Assessment, it will be possible to conclude that no adverse effects will occur on any European site as a result of the High Peak Local Plan. UK18-18153 Issue: 2 iv ENVIRON High Peak Borough Council Draft Habitats Regulations Assessment Report 1 Introduction 1.1 This Report This document reports the draft findings of the Habitats Regulations Assessment (HRA) of the Revised Preferred Options version of the High Peak Local Plan. It is intended that the text of the Revised Preferred Options version will form the Submission version of the High Peak Local Plan. 1.2 The need for Habitats Regulations Assessment (HRA) Directive 92/43/EEC on the conservation of natural habitats and wild flora and fauna, commonly known as the ‘Habitats Directive,’ provides for the protection of habitats and species of European Community importance. Article 2 of the Directive requires the maintenance (or restoration), at favourable conservation status, of habitats and species of European Community interest. This is partly implemented through a network of protected areas referred to as ‘Natura 2000 sites’ (N2K), or ‘European sites’, consisting of: 1 • Special Areas of Conservation (SACs) - designated under the Habitats Directive ; 2 • Special Protection Areas (SPAs) - designated under the Wild Birds Directive . ‘Ramsar sites’, designated under the Ramsar Convention 1971, are treated by UK Government policy as if they were European sites in terms of the protection and management afforded to them.
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