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RBWM Borough Local Plan RBWM Borough Local Plan: Air Quality Assessment of Chilterns Beechwoods SAC Information to Inform an Appropriate Assessment (Habitats Regulations Assessment (HRA) Stage 2) ___________________________________________________ Report for: Royal Borough of Windsor and Maidenhead ED11104103 ED 11104103 | Issue Number 4 | Date 25/02/2019 Ricardo Energy & Environment RBWM Borough Local Plan: Air Quality Assessment of Chilterns Beechwoods SAC | i Customer: Contact: Royal Borough of Windsor and Maidenhead Mark Broomfield, Gemini Building, Fermi Avenue, Harwell, Didcot, OX11 0QR, UK. t: +44 (0)1235 75 3493 e: [email protected] Confidentiality, copyright & reproduction: This report is submitted by Ricardo Energy & Ricardo-AEA Ltd is certificated to ISO9001 and Environment under contract to the Royal Borough ISO14001 of Windsor and Maidenhead. It may not be used for any other purposes without the specific Author: permission in writing of the Commercial Manager, Ben Jones and Ken Lipscomb Ricardo Energy & Environment. Approved By: Mark Broomfield and Richard Andrews Date: 25 February 2019 Ricardo Energy & Environment reference: Ref: ED11104103- Issue Number 4 Ref: Ricardo/ED11104103/Issue Number 4 Ricardo Energy & Environment RBWM Borough Local Plan: Air Quality Assessment of Chilterns Beechwoods SAC | ii Table of contents 1 Introduction ................................................................................................................ 1 1.1 The overall Plan................................................................................................................. 1 1.2 Purpose of this report ........................................................................................................ 1 1.3 Legislation summary ......................................................................................................... 2 2 Methodology .............................................................................................................. 3 2.1 Sources of guidance .......................................................................................................... 3 2.2 Stages of HRA ................................................................................................................... 3 2.3 Responsibility for undertaking HRA .................................................................................. 3 2.4 Approach to informing the Appropriate Assessment (HRA Stage 2) ................................ 3 2.4.1 Consultation ............................................................................................................. 3 2.4.2 Impact assessment .................................................................................................. 4 2.4.3 Incorporated mitigation measures ............................................................................ 4 2.4.4 In-combination assessment...................................................................................... 5 2.4.5 Conservation objectives ........................................................................................... 5 2.4.6 Additional mitigation measures ................................................................................ 6 2.4.7 Integrity test .............................................................................................................. 6 2.5 Limitations ......................................................................................................................... 7 3 Summary of Stage 1 Screening Conclusions .......................................................... 8 3.1 Background ....................................................................................................................... 8 3.2 Air quality Stage 1 Screening assessment of RBWM BLP ............................................... 8 4 Stage 2 Appropriate Assessment of Air Quality Effects ....................................... 13 4.1 Local Plan development allocations ................................................................................ 13 4.2 Air quality changes at Chilterns Beechwoods SAC......................................................... 13 4.3 National Vegetation Classification (NVC) survey ............................................................ 15 4.4 Consultation ..................................................................................................................... 15 4.5 Appropriate Assessment results ...................................................................................... 16 5 In-combination Effects ............................................................................................ 19 6 Summary of Adverse Effects on Conservation Objectives ................................... 20 7 The Integrity Test ..................................................................................................... 20 Appendices Appendix 1: Relevant Consultation with Natural England Ref: Ricardo/ED11104103/Issue Number 4 Ricardo Energy & Environment RBWM Borough Local Plan: Air Quality Assessment of Chilterns Beechwoods SAC | 1 1 Introduction 1.1 The overall Plan Approximately 150,000 people live in the Royal Borough of Windsor and Maidenhead (RBWM). With an area of 198 km2, the borough is predominantly rural, with the main population centres in Maidenhead, Windsor and Ascot. The borough is located in the south-east of England and is subject to the pressures resulting from this location, including relatively high background levels of air pollution and the presence of major roads running through and close to the borough. The Borough Local Plan (BLP) sets the framework for future development in the Royal Borough of Windsor and Maidenhead. The plan envisages significant new residential development, together with associated infrastructure. The BLP confirms that the Council is seeking to deliver its full Objectively Assessed Housing Need. As set out in the original Invitation to Quote (ITQ), the BLP provides for at least 14,240 new dwellings, 11,200 net new jobs, new open spaces, schools, and leisure facilities. This represents a significant increase in population in the borough, which will have the potential for significant effects on the environment both within the borough and in surrounding areas. At the same time, similar steps being taken in neighbouring boroughs could potentially have effects on people and the natural environment within Windsor and Maidenhead. In view of the potential significance of air quality impacts on protected nature conservation sites, RBWM has carried out assessments of the potential impacts of the BLP on air quality and protected sites within the borough. The Council has specific obligations in relation to European sites (also referred to as “Natura 2000” sites and defined as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), plus Ramsar Sites which are accorded equivalent status, despite being an international rather than a European designation). The European sites located in RBWM and neighbouring boroughs are shown in Figure 3.1. The assessment carried out in relation to the impact of air quality on nature conservation sites within the borough concluded that such impacts were likely1. As such, an Appropriate Assessment of the potential air quality effects of the development envisaged in the BLP on the Natura 2000 sites was required. This requirement was confirmed during examination hearings on the BLP held in June 2018. During these hearings it was agreed between RBWM and the inspector that the whole BLP HRA would be updated to ensure that it was fully robust and, in particular, consistent with the recent European Union (CJEU) ruling in the matter of People Over Wind and Sweetman v Coillte Teoranta (C-323/17), which ruled that mitigation cannot be considered during Stage 1 Screening. 1.2 Purpose of this report This assessment is carried out in order to fulfil the requirements of Section 21 of The Conservation of Habitats and Species Regulations (2017 No. 1012) and is known as a Habitats Regulations Assessment (HRA). This report will provide the necessary information to allow the Competent Authority to determine if the proposals within this Plan will have a significant adverse effect on the integrity of Chilterns Beechwoods SAC only (the only designated site where a potential significant air quality impact as a result of the Borough Local Plan was identified)2. A separate detailed consideration of the Borough Local Plan will be made in the updated Stage 1 Screening report and resultant Appropriate Assessment/s (to be produced in December 2018) This Appropriate Assessment is focussed on air quality impacts to Chilterns Beechwoods SAC only. A summary of the HRA process that informs this purpose is provided in Section 2. 1 Habitats Regulation and Air Quality Assessment update. Report for Royal Borough of Windsor and Maidenhead. Ricardo 2018. 2 Habitats Regulation and Air Quality Assessment update. Report for Royal Borough of Windsor and Maidenhead. Ricardo 2018. Ref: Ricardo/ED11104103/Issue Number 4 Ricardo Energy & Environment RBWM Borough Local Plan: Air Quality Assessment of Chilterns Beechwoods SAC | 2 1.3 Legislation summary Under the Conservation of Habitats and Species Regulations 2017, (the ‘Habitats Regulations’), any plan or project which is likely to have a significant effect on a European site (either alone or in combination with other plans or projects) and is not directly connected with or necessary for the management of the site, must be subject to an Appropriate
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