Statement of Common Ground in respect of: The Forest of Dean District Allocations Plan & Supporting Evidence
12th January 2016
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 1 of 10 1. Introduction
1.1. Natural England Natural England is a non-departmental public body. Its statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
1.2. Allocations Plan The Allocations Plan shows how the proposals in the Forest of Dean Core Strategy are implemented. Together with the Core Strategy and the Cinderford Northern Quarter Area Action Plan it forms the new Local Plan for the Forest of Dean.
The primary role of the Allocations Plan is to provide the detail of how and where policies in the Core Strategy will be implemented. It contains allocations for development but also protective designations and will also include revised defined settlement boundaries. It will sit within the context of the Core Strategy and has to be in conformity with it.
1.3. Purpose of this Statement of Common Ground (SOCG) This SOCG has been jointly prepared by Natural England and the Forest of Dean District Council. It sets out the positions of each organisation in respect of the Forest of Dean Allocations Plan (AP) and its assessment of impacts on the natural environment. The statement has been produced to inform the examination in public of the AP.
2. Natural England Representations Natural England (NE) submitted representations on the Publication Version of the AP on the 20th May 2015. NE completed 4 representation forms. Three relate to the evidence base including the HRA and one specific representation to AP policy 7. Biodiversity.
3. Further information provided by FoDDC following NE’s representations Following receipt of NE representations in May 2015 FoDDC has continued to discuss with NE their concerns and published further information to assist NE’s in its evaluations. The following supporting ‘keynotes’ were published in August 2015:
Keynote 14 Wye Valley AONB Keynote 15 Air Quality and Designated Sites Keynote 16 Water Treatment and Supply Keynote 17 Wye Valley and Forest of Dan Bat SAC Keynote 18 Severn Estuary SAC, SPA, Ramsar
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 2 of 10 4. Key matters covered by this Statement of Common Ground The key matters this SOCG addresses are:
The Habitats Regulations Assessment (HRA) The Wye Valley Area of Outstanding Natural Beauty (AONB) Sites of Special Scientific Interest (SSSI) The Strategic Environmental Appraisal (SEA) & the Sustainability Appraisal (SA) AP7 Biodiversity
5. Habitats Regulations Assessment 5.1. It is agreed that a HRA has been carried out by the authority in accordance with the European Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) (the Habitats Directive), and the Conservation of Habitats and Species Regulations (2010) (as amended) (the Habitats Regulations).
5.2. The European sites which require attention in the assessment are:
Walmore Common (Special Protection Area (SPA), Ramsar),
River Wye (Special Area of Conservation (SAC)
Wye Valley Woodlands (SAC),
Severn Estuary (SAC/SPA/ Ramsar)
Wye Valley and Forest of Dean Bat (SAC).
5.3. It is agreed that the further information contained within keynotes 15, 16, 17 and 18 provide additional evidence to support and justify the conclusion of the HRA of March 2015. Two sites in particular were thought to be more of a concern following screening than the other sites. These 2 sites (The Severn Estuary and the Forest of Dean Bat SAC) were discussed in some detail.
5.4. With respect to the Severn Estuary the main concern was that there may be indirect impacts caused by developments that lead to disturbance of the overwintering birds. In particular development around the Lydney area. Keynote 18 provides details on the concerns and explains the proposed avoidance and mitigation measures that the plan has considered and proposes to implement to avoid and mitigate the likely impacts.
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 3 of 10 5.5. With respect to the Forest of Dean Bat SAC the main concerns were indirect impacts on supporting habitats and bat commuting routes. Keynote 17 provides additional information on the possible impacts of the proposals on this SAC. Direct impacts on designated sites are ruled out and indirect impacts considered further. Appropriate policy wording has been included so project level assessments can assess impacts and incorporate avoidance and mitigation measures based on the evidence.
5.6. With respect to the River Wye the issues included waste water and discharges into the river Wye or its tributaries. Keynote 13 provides additional information on this issue. It is noted that Welsh Water (the water and sewage utility provider for the area of the district within the river Wye catchment) considers that the quantum of development can be accommodated, subject to some infrastructure provision. Natural England has been in contact with the Environment Agency on this issue. NE has received no specific advice on issues in relation to the river Wye. It is noted that in respect of foul drainage the EA has advised some phasing of sites to take account of any infrastructure requirements.
5.7. Some of the internationally designated sites included in the HRA also include land in Wales. Natural England cannot advise on impacts on sites or the parts of sites in Wales. Natural England has sought the views of Natural Resources Wales (NRW) however no comments have been received at the time of this statements preparation. The local authority has not received advice from NRW on impacts on international sites or the Habitat Regulations Assessment they have produced.
5.8. Provided the AP incorporates the avoidance, cancellation and mitigation measures as set out in Appendix 4 of the HRA it is agreed that there is now sufficient evidence to assess if the AP will or will not have adverse effects on the integrity of the English parts of the Severn Estuary, European nature conservation site. Natural England considers that, with respect to this site of international importance in England that the final assessments can be done at the project level.
5.9. With respect to sites and parts of sites in England there is now sufficient evidence and information presented to assess the plan level impacts on the Forest of Dean Bat SAC, Wye Valley Woodlands SAC, Walmore Common (SPA). Natural England considers that, with respect to these sites of international importance that the final assessments can be done at the project level.
5.10. With respect to the River Wye (England) there is now sufficient evidence and information presented to assess the plan level impacts. Natural England considers that, infrastructure improvements can be made in respect of water treatment capacity and it is a matter of infrastructure provision and phasing which can be assessed at project level.
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 4 of 10 5.11. With respect to any incombination assessment undertaken by the Habitat Regulations assessment, Natural England considers that the allocations and policies in the plan have been assessed as much as is possible, given the details of the allocation proposals, and that the final assessment of individual projects can be done at the project level.
6. The Wye Valley Area of Outstanding Natural Beauty (AONB) It is agreed that Keynote 14 provides satisfactory additional information to confirm sufficient consideration has been given to the potential for the AP to impact on the AONB. The views of the AONB office supporting the AP are noted. In addition, on a site basis, it is noted that the NPPF places great weight on the protection of AONB’s
7. Sites of Special Scientific Interest (SSSI) It is agreed that Keynotes 15, 16 and 17 and the additional information in annex A below which summerises the possible impacts on SSSI’s provide satisfactory additional information to confirm sufficient consideration has been given to the potential for the AP to impact on SSSI’s. SSSI’s are shown on the proposals maps and will be shown on the policies map. In addition, on a site basis, it is noted that the NPPF further safeguards SSSI’s in that proposals adversely affecting SSSI’s (alone or in combination) should only be permitted in exceptional circumstances.
8. The Strategic Environmental Appraisal (SEA) & the Sustainability Appraisal (SA) It is agreed that the further consideration of the issues set out above (HRA, AONB & SSSI’s) provides the additional detail evidencing the conclusions of the SEA/SA.
9. AP7 Biodiversity The following policy text is agreed:
“Biodiversity Development proposals where protected and priority species or habitats as described by section 41 of the Natural Environment and Rural Communities Act and those covered by local biodiversity plans are concerned should provide for net biodiversity gains for these species and habitats unless it can be demonstrated that no enhancement options exist or that they are likely to be ineffectual.
Developments should safeguard features which form parts of ecological networks and where appropriate provide ‘missing’ connections. Proposals must take account of the hierarchy of nature conservation sites and species including:
International – Special Protection Areas (SPA) Special Areas of Conservation (SAC), Ramsar Sites National – Sites of Special Scientific Interest, Ancient woodland, Section 42 Species and Habitats
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 5 of 10 Local –Key Wildlife Sites, Strategic Nature areas, Green Infrastructure strategies.”
Explanation text (Green box): “This policy highlights the importance and context of biodiversity in the District and in so doing identify some of the important environmental characteristics referred to in the Core Strategy (CSP1). It supports the delivery of the Biodiversity 2020 strategy promoting multifunctional development and ecological networks improving ecological resilience. It requires proposals to demonstrate enhancement, to safeguard features or show that it is not possible”.
9.1. Following the provision of further information and further discussions Natural England now advise that policy AP7 appears sound with respect its conformity to national policy and guidance on nature conservation sites.
10. Conclusion The additional explanations and changes to the plan also reassure Natural England that the allocations and broader policies would not destroy any sites of special scientific interest. The information also provides sufficient reason, logic and information on which to assess, at plan level, the impacts on sites of international importance.
Signed: :
:
Eric Steer : Alastair Chapman
Natural England : Forest of Dean District Council
:
Position: Senior Adviser : Sustainability Team Leader
:
Date: 12th January 2016 : 12th January 2016
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 6 of 10
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 7 of 10 Annex A
Proximately (250m) of Allocation sites to Sites of Special Scientific Interest (SSSI’S)
The sustainability appraisal for the AP evaluated the potential for impacts as a result of allocations on SSSI’s and concluded 12 allocations and 1 town/general policy were within 250m of a SSSI’s. In all cases there were either no likely impacts or policy measures (with the allocation or other policies) cancelled or mitigated any potential adverse impact.
AP Policy SSSI Assessment within 250m
10 Dean Forest Railway Nagshead The allocation is for the extension of a heritage railway. There are no direct impacts. Consideration has been given to the potential for indirect impacts from increased recreational activity in the area as a result of the development. Additional recreational impacts are considered to be very low. The railway does not operate every day. It operates primarily at weekends and during holidays. The railway already runs to the area and visitor numbers would not be expected to increase significant as a result of the extension. A well used family cycle way already runs in the area.
17 Land At Stowfield, River Wye Site has been assessed as part of the Habitats Lydbrook Regulations Assessment
42 Lydney Harbour Severn Site has been assessed as part of the Habitats Estuary Regulations Assessment
43 Pine End Works and Severn Site has been assessed as part of the Habitats Land to the North Estuary Regulations Assessment
44 Lydney Industrial Severn Site has been assessed as part of the Habitats Estate and Land to Estuary Regulations Assessment North
46 Lydney Harbour Area Severn Site has been assessed as part of the Habitats - Cycling and Walking Estuary Regulations Assessment
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 8 of 10 60 Tufthorn Avenue and Old Bow The policy aims to safeguard/define these existing Pingry Farm and Old operational employment sites. Proximity to the SSSI Ham Mines is based on the designated subterranean features (caves and mines). No direct or indirect impacts.
61 Staunton Road, Dingle No direct impacts. Consideration has been given to Coleford Wood potential for indirect impacts from increased Employment/Hotel Site recreational pressure as a result of hotel development. The site is surrounded by extensive open access non SSSI woodland. The SSSI woodland is set away from the immediate surroundings of the allocation. Indirect recreational pressure to any degree is not considered likely.
83 Former Severn and River Wye Site has been assessed as part of the Habitats Wye Railway Regulations Assessment
87 Employment Land Grove Proximity to geological SSSI which is a quarry. No Intensification/Retention Quarry, direct or direct or indirect impacts as a result of the Vantage Point Mitcheldean allocation Mitcheldean
93 Land Adjoining Old Bow Allocation for up to 20 dwelling on the outskirts of an Miners Arms, Sling and Old existing service village. Proximity to the SSSI is Ham Mines based on the designated subterranean features (caves and mines). No direct or indirect impacts.
94 New Dunn Business Old Bow The policy aims to safeguard/define these existing Park and Old operational employment sites. Proximity to the SSSI Ham Mines is based on the designated subterranean features (caves and mines). No direct or indirect impacts.
64 Coleford - Locally Dingle Landscape protection policy. Supportive of nature Valued Landscape Wood conservation and therefore no adverse impacts.
Additional Allocations
14 Locally Valued May Hill Late policy addition to the AP. Landscape protection Landscape May Hill policy. Supportive of nature conservation and therefore no adverse impacts.
92 Land adjacent River Wye Previously not an allocation. Planning permission Wyedean School, subsequently granted and therefore now considered Sedbury an allocation until such time as development commences. Extensive area of settlement between the site and SSSI. No issues in relation to SSSI’s
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 9 of 10 raised during planning application and subsequent appeal. No direct or indirect impacts.
Forest of Dean Allocations Plan – Statement of Common Ground – Natural England and FoDDC 12th January 2016 Page 10 of 10