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Habitat Regulations Assessment Revision Consultation Statement

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Habitat Regulations Assessment Revision Consultation Statement Eden Local Plan 2014-32: Habitat Regulations Assessment Revision Consultation Statement August 2018 1 1. Contents 1 Contents .............................................................................................................. 2 2 Introduction ......................................................................................................... 3 3 The Consultees ................................................................................................... 4 4 Methods of Consultation ..................................................................................... 5 5 Schedule of representations made to the Consultation ....................................... 6 6 Appendices ....................................................................................................... 11 2 2. Introduction 2.1 This document sets out how Eden District Council has involved the communities and relevant bodies in the Habitat Regulations Assessment Revision Consultation of the Eden Local Plan The Council has undertaken the procedure pursuant to Regulation 25 of the Town and Country Planning (Local Development) (England) 2012 Regulations (to be referred to as ‘2012 Regulations’). 2.2 The consultation was undertaken following the recent HRA and People Over Wind, Peter Sweetman v Coiltte Tearata High Court case and subsequent European Court judgement. This CJEU judgement changed the way the Habitats Directive is interpreted and means mitigation measures should now be assessed within the framework of an appropriate assessment. A small number of sites in Penrith take into account mitigation measures at the screening stage, therefore, it has been necessary to re-run the HRA for these sites and undertake an appropriate assessment to consider the mitigation measures, the results of which must be made available for consultation. 2.3 The document shows how the Council has complied with requirements of the 2012 Regulations and how it has undertaken engagement in accordance with the 2012 Regulations, specifically Regulation 22 (1). 2.4 In accordance with the requirements of Regulation 22 of the 2012 Regulations, this document details: Which bodies and persons the Council invited to make representations under Regulation 18; How these bodies and persons were invited to make representations under Regulation 18; If representations were made pursuant to Regulation 20, the number of representations made and a summary of the main issues raised in those representations; and, If no representations were made in Regulation 20, that no such representations were made. 3 3. The Consultees 3.1 The Town and Country Planning (Local Planning) (England) Regulations 2012 prescribe a number of Consultation Bodies with whom the Council should consult during each stage of the Local Plan making process. The list below identifies the organisations and other bodies that the Council considers to have an interest in the Local Plan process: Neighbouring Local Planning authorities; The Civil Aviation Authority; The Coal Authority; Cumbria Constabulary; Electricity North West Limited; Environment Agency; Health Service Providers; Highways Agency; Highways Authority; Historic England; Homes and Communities Agency; Natural England; Network Rail; Parish Councils within the District; The Clinical Commissioning Group; United Utilities Other relevant gas, electric, electronic communications network providers (such as Mono). 3.2 The Council maintains a consultation database, which includes the details of those who have registered an interest in the Local Plan and would like to be informed when it is available for consultation. A full list of all those consulted regarding Habitat Regulations Assessment Revision Consultation can be found in Appendix 1. 4 4. Methods of Consultation 4.1 The Council used a variety of consultation methods to disseminate information about the proposed Main Modifications to the Local Plan, in order to be as transparent and inclusive as possible. The methods of communication, in compliance with the Statement of Community Involvement, are set out in the table below. 4.2 Community Engagement Methods Communication Method Action Consultation documents Relevant documents were made available for inspection at the Town Hall and Mansion House in Penrith, Local Links in Kirkby Stephen and Alston, and the local libraries. Eden District Council website The consultation documents and response forms, along with further guidance on completing the forms, were made available for viewing and downloading on the Council’s consultation web page. A news article was posted on the Council’s website at the start of December 2017 about the upcoming consultation. E-consultation software An online consultation form using Survey Monkey was made available on the website. Media/Press Statutory advertisement in Cumberland & Westmorland Herald Letter/emails A letter or an email, according to the preference selected, was sent directly to consultees registered on the consultation database. See Appendix 2 for a copy of the letter. These detailed the dates of the consultation and where the relevant documents could be accessed. 5 5. Schedule of representations made to the Consultation 5.1 Comments received and Eden District Council’s response Consultee Consultee’s Comments EDC response Historic Historic England is the Government’s statutory adviser on all matters relating to the historic No action required. England environment in England. We are a non-departmental public body established under the National Heritage Act 1983 and sponsored by the Department for Culture, Media and Sport (DCMS). We champion and protect England’s historic places, providing expert advice to local planning authorities, developers, owners and communities to help ensure our historic environment is properly understood, enjoyed and cared for. Thank you for consulting Historic England on the above document. At this stage we have no comments to make on its content. Natural Thank you for your consultation on the above dated 13 July 2018 which was received by EDC agrees – no England Natural England on 13 July 2018. action required. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the The Penrith Strategic natural environment is conserved, enhanced, and managed for the benefit of present and Masterplan is future generations, thereby contributing to sustainable development. currently a non- We have reviewed the changes to the Habitats Regulations Assessment for Eden Local Plan statutory planning 2014-2032 made as a result of Case C-323/17 People Over Wind v Coillte Teoranta (also document and is not referred to as the Sweetman II Judgement) and make the following comments: relevant to this consultation. The 1. Natural England are satisfied with the approach and structure taken in the revised HRA, Masterplan may form which clarifies where there is a likely significant effect (LSE) upon the River Eden SAC the basis for future and then separately considers how this LSE will be mitigated in the Appropriate statutory planning Assessment. documents and a separate Habitat 6 Consultee Consultee’s Comments EDC response 2. The conclusions reached within the Appropriate Assessment are considered to be Regulations satisfactory, with mitigating Local Plan policies and considerations for project level Assessment will be HRA’s being identified. Natural England consider this mitigation to be sufficient to undertaken for these conclude no likely significant effect upon the River Eden SAC/SSSI at Local Plan level. documents if 3. Natural England were previously engaged in an initial discussion regarding a Penrith necessary. Vision Masterplan (March 2018) which proposed an expansion of Penrith with new housing, employment, open space and road infrastructure. However, beyond this initial discussion we are not aware of any further details. This proposal has not been included within the in-combination assessment of this revised HRA, yet does have the potential to have significant impacts upon designated sites if progressed. Clarity should be provided on the position of this proposal and if being progressed, should be considered at the in-combination stage. We would be happy to comment further should the need arise but if in the meantime you have any queries please do not hesitate to contact us. Cumbria I refer to your emailed letter dated 13 July 2018 and the attached Eden District Local Plan - The report does County Habitats Regulations Assessment Revision Final Report (July 2018). Thank you providing come to this Council Cumbria County Council with the opportunity to respond to your consultation. conclusion, stating I consider that the revised report (sections 1 to 7) comply with the requirements of the Habitats that if the local plan Regulations. policies referred to in the Appropriate However, the conclusions (section 8) require amendment. As noted in the third paragraph of Assessment are 7.2.1, “The approach adopted for this Appropriate Assessment is to focus on avoidance of adhered to then this adverse effects on European site integrity rather than mitigation…” Therefore the conclusion mitigation is ‘sufficient should be amended to state that the full and effective implementation of policies of the Local to prevent an adverse Plan are considered sufficient to ensure that there will be no adverse effect on the features of effect on site the SAC. integrity’. However, 7 Consultee Consultee’s Comments EDC response The full and effective implementation of the local plan
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