New Castle Point Local Plan Pre-submission Plan 2018-2033 for Castle Point Borough Habitats Regulations Assessment (Screening Report and Appropriate Assessment)

September 2020

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 2 Habitats Regulations Assessment

About us

Place Services is a leading public sector provider of integrated environmental assessment, planning, design and management services. Our combination of specialist skills and experience means that we are uniquely qualified to help public organisations meet the requirements of the planning process, create practical design solutions and deliver environmental stewardship.

Our Natural Environment Team has expertise of arboriculture, biodiversity, countryside management and ecology. This multidisciplinary approach brings together a wide range of experience, whether it is for large complex briefs or small discrete projects. We aim to help our clients protect and improve the natural environment through their planning, regulatory or land management activities. This approach ensures that not only that our clients will fulfil their legal duties towards the natural environment, but they do so in a way that brings positive benefits to wildlife and people.

Address: County Hall, Market Road, Chelmsford, Essex, CM1 1QH Contact no: 0333 013 6840 Email: [email protected] Website: www.placeservices.gov.uk VAT number: GB 104 2528 13

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 3 Habitats Regulations Assessment

Contents

Summary 10 1.Introduction 12 1.1 The Purpose of This Report 12 1.2 Castle Point’s Pre Submission Local Plan October 2019 14 1.3 Habitats (European) Sites 15 2.Method and Approach (overview and Screening) 16 2.1 Assessment of Likely Significant Effects 20 2.2 Identifying Habitats Sites, their Conservation Objectives and Qualifying Features 21 2.3 Screening and Impact Pathways 23 2.4 Screening categorisation 31 2.5 Appropriate Assessment and the Integrity Test 32 3.Screening of Likely Significant Effects 34 3.1 Screening Policies for Likely Significant Effect 34 3.2 Policies Carried Forward to Appropriate Assessment Stage 41 3.3 Habitat Sites Screened in for Appropriate Assessment 41 3.4 HRA Screening Conclusion and Considering the Next Stage 43 4.Introducing Appropriate Assessment and Considering Adverse Effects on Site Integrity 45 4.1 Introduction 45 4.2 Recent Court Judgements and their consideration in this Report 46 4.3 Approach and Methodology of the Appropriate Assessment 48 5.Undertaking the Appropriate Assessment 53 5.1 Habitat damage, loss and fragmentation / land take as a result of development 53 5.2 Loss of Functionally Linked Land / Impact upon Features on Land outside Habitats Sites 59 5.3 Water Quality and Quantity 73 5.4 Disturbance 86 Recreational Disturbance 87 Other Forms of Disturbance 92 5.5 Air Quality: Atmospheric Nitrogen Deposition 100 5.6 Assessment of Impacts in Combination with other Plans and Projects 109

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 4 Habitats Regulations Assessment

5.7 Re-applying the integrity test 120 6.Recommendations 122 7.Summary and Conclusion 124 8.References 128

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 5 Habitats Regulations Assessment

List of Tables

Table 1: Description and Explanation of SPAs, SACs and Ramsar Sites...... 15

Table 2: Stages of the Habitats Regulations Assessment Process ...... 18

Table 3: Habitats Sites within 22 km Zone of Influence of allocations for development ...... 22

Table 4: Main sources and effects of air pollutants on Habitat Sites ...... 28

Table 5: Zones of Influence for Recreational Disturbance ...... 31

Table 6: Habitats Regulations Assessment Screening Categorisation ...... 32

Table 7: Policies that have the Potential to Cause a Likely Significant Effect and their Impact Pathways ...... 35

Table 8: Habitats Sites, Impact Pathways and Examples of LSE Identified at Screening Stage ...... 41

Table 9: Advice on Seasonality for Benfleet and Southend Marshes SPA (Natural England) ...... 50

Table 10: Advice on Seasonality for Thames Estuary and Marshes SPA (Natural England) ...... 50

Table 11: Other plans or projects considered for in combination effects ...... 111

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 6 Habitats Regulations Assessment

List of Figures

Figure 1 Outline of the Four Stage Approach to the Assessment of Plans under the Habitats Regulations (taken from the DTA handbook)...... 15

Figure 2: Castle Point Local Plan site allocations and open spaces…………………………………… 89

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 7 Habitats Regulations Assessment

List of Appendices

Appendix 1. Strategic Housing Land Area App Assessment

Appendix 2. HRA Screening of Individual Policies

Appendix 3. Results of embedding mitigation within the Appropriate Assessment

Appendix 4. Characteristics of Habitats Sites

Appendix 5. Key vulnerabilities / factors affecting site integrity from Site Improvement Plans

Appendix 6. Policies Screened in for Further Assessment

Appendix 6. Policies Screened in for Further Assessment

Appendix 7. Habitats Site Zone of Influence and Strategic Housing Allocations

Appendix 8. Habitats Sites, Main River Locations and Housing

Appendix 9 Proposed Air Quality Monitoring Locations for Habitats Sites

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 8 Habitats Regulations Assessment

Report Checking and Version Control

Prepared by:

Emma Simmonds | Ecological Consultant | [email protected] and Sue Hooton | Principal Ecological Consultant | [email protected]

Report version control:

Version Date Author Description of changes

New version of HRA to reflect Pre-Submission Local Plan 2019 with modifications proposed following the Regulation 19 consultation, including representations 21st August Emma Simmonds and 3.0 from Natural England & RSPB. Screened in Thames 2020 Sue Hooton Estuary and Marshes SPA/ Ramsar site. Added recreation impacts alone & updated in combination impacts.

7th September Emma Simmonds and Changes made in view of discussion with Castle Point 3.1 2020 Sue Hooton Borough Council

14th Minor formatting changes and updated hyperlinks for 3.2 Emma Simmonds September Appendix 3 throughout.

Page 9 Client: Castle Point Borough Pre-Submission Local Plan October 2019: Council Habitats Regulations Assessment

Glossary of Acronyms

AA Appropriate Assessment AEOI Adverse Effect on Integrity (of Habitats Sites) AMP Asset Management Plan CEMP Construction Environment Management Plan CPBC Castle Point Borough Council EA Environment Agency EMS European Marine Site EU European Union HRA Habitats Regulations Assessment IFCA Inshore Fisheries and Conservation Authority IROPI Imperative Reasons of Overriding Public Interest IRZ Impact Risk Zone JSP Joint Strategic Plan Km Kilometre LPA Local Planning Authority LTP Local Transport Plan LSE Likely Significant Effect NE Natural England NPPF National Planning Policy Framework NSIP Nationally Strategic Infrastructure Project RAMS Recreational disturbance Avoidance and Mitigation Strategy SAC Special Area of Conservation SACO Supplementary Advice on Conservation Objective SIP Site Improvement Plan SPA Special Protection Area SSSI Site of Special Scientific Interest TE2100 Thames Estuary 2100 Plan WRMP Water Resources Management Plan WRZ Water Resource Zone WRC Water Recycling Centres WwTW Wastewater Treatment Works ZOI Zone of Influence

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 10 Habitats Regulations Assessment

Summary

A Habitats Regulations Assessment (HRA) has been prepared by Place Services for the Pre-Submission Local Plan 2018 to 2033, including modifications proposed as a consequence of the Regulation 19 consultation to enable Castle Point Borough Council to comply with Regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended).

As the policies contained in the Pre-Submission Local Plan could not rule out Likely Significant Effects on Habitats (European) Sites at Stage 1 HRA Screening, there was a need for further assessment of impacts and Stage 2 Appropriate Assessment was necessary. A number of policies within the Local Plan required further assessment and consideration of mitigation, which has since been undertaken at Appropriate Assessment stage and the details are set out below, within this report. The complete list of policies screened in for further assessment is set out within Appendix 2. HRA Screening of Individual Policies

This Habitats Regulation Assessment has been updated in view of the modifications made since the Regulation 19 Consultation during the winter period of 2019, and also to consider comments on the HRA arising from Natural England and from other representations. The HRA has considered the elements of the Pre-Submission Local Plan, including proposed modifications, which required further assessment of their potential to result in Adverse Effects on the Integrity of one of more Habitats Site.

There are a wide range of potential impacts upon Habitats Sites which could arise as a result of components of the Local Plan; the following impact pathways have been considered most likely to have potential to cause an Adverse Effect on Site Integrity:

• Habitat loss and fragmentation / land take by development; • Loss of functionally linked land (land outside the SPA and Ramsar site); • Increase of any type of disturbance; • Changes in water availability, or water quality; • Changes in atmospheric pollution levels.

There is a summary table which encapsulates the HRA’s assessment and recommendations and this has been revised for the Modified Pre-Submission. This table can be found in Appendix 3. Results of embedding mitigation within the Appropriate Assessment.

On the whole, many potential adverse effects will be avoided with use of Construction Environment Management Plans; the requirement for project-level HRAs; and policies requiring that there will be no adverse effect to provide further certainty. The Appropriate Assessment has recommended a number of amendments to the Castle Point Local Plan. These include the following:

• Recommended policy wording changes (including NE5). • Recommending that the supporting text for the policy needs amending, e.g. strengthening of the supporting text for NE7 (Pollution Control). • Incorporation of the Thames Estuary and Marshes SPA and Ramsar site (as well as Benfleet and Southend Marshes) into designated site protection policies

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 11 Habitats Regulations Assessment

• To embed a monitoring and Iterative Plan Review (IPR) provision into the Local Plan as there is a lack of detail over the precise effects of Policy SP TP2 for a proposed new third access to Canvey Island. This will enable the delivery of development to be managed and the plan (and its HRA) to be updated in future reviews. • Use of Asset Management Plans (AMPs) to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites.

This HRA report -including Appropriate Assessment- considers that the Castle Point Pre-Submission Local Plan, including proposed modifications is not predicted to have any adverse effect on integrity on any Habitats Sites, either alone or in combination with other plans and projects.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 12 Habitats Regulations Assessment

1. Introduction

1.1 The Purpose of This Report

1.1.1 This report is to provide an updated Habitats Regulations Assessment (HRA) for the Castle Point Borough Pre-submission Local Plan 2018 – 2033, including proposed modifications in accordance with Article 6(3) and (4) of the EU Habitats Directive and with Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended).

1.1.2 The Conservation of Habitats and Species Regulations require the Competent Authority (in this instance Caste Point Borough Council) to undertake a HRA before making a decision about permission for any plan or project that may result in an adverse effect on the integrity of a European Site1 as defined in the National Planning Policy Framework (NPPF, 2019).

1.1.3 In line with the Court judgement (CJEU People Over Wind v Coillte Teoranta C- 323/17), mitigation measures cannot be taken into account when carrying out a HRA Screening assessment to decide whether a plan or project is likely to result in significant effects on a Habitats (Natura 2000) Site. As the policies relate to land within the Zone of Influence (ZOI) for a number of Habitats Sites, it is not possible to rule out Likely Significant Effects, without mitigation in place.

1.1.4 The Court judgement (CJEU Holohan C- 461/17) now imposes more detailed requirements on the competent authority at Appropriate Assessment stage:

1. […] an ‘Appropriate Assessment’ must, on the one hand, catalogue the entirety of habitat types and species for which a site is protected, and, on the other, identify and examine both the implications of the proposed project for the species present on that site, and for which that site has not been listed, and the implications for habitat types and species to be found outside the boundaries of that site, provided that those implications are liable to affect the conservation objectives of the site.

2. […] the competent authority is permitted to grant to a plan or project consent which leaves the developer free to determine subsequently certain parameters relating to the construction phase, such as the location of the construction compound and haul routes, only if that authority is certain that the development consent granted establishes conditions that are strict enough to guarantee that those parameters will not adversely affect the integrity of the site.

1 Habitats Site: Any site which would be included within the definition at regulation 8 of the Conservation of Habitats and Species Regulations 2017 for the purpose of those regulations and those listed in paragraph 176 of the NPPF (2019). This includes potential Special Protection Areas and possible Special Areas of Conservation; listed or proposed Ramsar sites; and sites identified, or required, as compensatory measures for adverse effects on Habitats Sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 13 Habitats Regulations Assessment

3. […] where the competent authority rejects the findings in a scientific expert opinion recommending that additional information be obtained, the ‘Appropriate Assessment’ must include an explicit and detailed statement of reasons capable of dispelling all reasonable scientific doubt concerning the effects of the work envisaged on the site concerned.

1.1.5 This report therefore provides (plan level) Stage 1 HRA Screening and Stage 2 Appropriate Assessment as required by Regulation 63 of The Conservation of Habitats and Species Regulations 2017.

1.1.6 The Conservation of Habitats and Species Regulations 2017 (as amended) are commonly known as the ‘Habitats Regulations’. Requirements are set out within Regulations 63 and 64 of the Habitats Regulations, where a series of steps and tests are followed for plans or projects that could potentially affect Habitats Sites. The steps and tests set out within Regulations 63 and 64 are commonly referred to as the ‘Habitats Regulations Assessment’ process. The Government has produced core guidance for competent authorities and developers to assist with the HRA process. This can be found on the Defra website. http://www.defra.gov.uk/habitats-review/implementation/process-guidance/guidance/sites/

1.1.7 It demonstrates how the Plan or Project is compatible with EU obligations, which includes the need to undertake a HRA and forms a plan level HRA as required by Regulation 63 of The Conservation of Habitats and Species Regulations 2017.

1.1.8 Plans and projects should only be permitted when it has been proven that there will be no adverse effects on the integrity of Habitats Sites. The legislation can allow projects that may result in negative impacts on the integrity of a site if the competent authority is satisfied that, there are no alternative solutions, the plan or project must be carried out for Imperative Reasons of Overriding Public Interest (IROPI) (Regulation 64). However, this will require suitable compensation to ensure that the overall coherence of the series of such sites is retained.

1.1.9 The HRA should be undertaken by the ‘competent authority’ - in this case Castle Point Borough Council- and Place Services has been commissioned to complete this on behalf of the Council. The HRA also requires close working with Natural England as the statutory nature conservation body.

1.1.10 This HRA report aims to:

• Consider the elements of the Plan screened in as having potential for Likely Significant Effect (LSE) for further assessment of their potential to result in adverse effects on the integrity of the Habitats Sites. • Assess the potential for in combination effects from other projects and plans in the area. • Update the HRA in line with the Pre-Submission Local Plan 2018-2033, including the modifications proposed as a result of the Regulation 19 consultation. • Take into account the representations made during the Regulation 19 consultation for the Pre- Submission local Plan 2019. • Identify if there are any outstanding issues that need further investigation. 1.1.11 It is not considered that there are any serious limitations to this HRA.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 14 Habitats Regulations Assessment

1.2 Castle Point’s Pre-Submission Local Plan 2018-2033, and the Proposed Modifications

1.2.1 Castle Point is situated in south Essex and comprises the towns of Canvey Island, and South Benfleet, Hadleigh and Thundersley. Castle Point Borough Council has prepared this New Local Plan 20192 (hereafter referred to as the ‘Local Plan’) in order to set out how the development and growth requirements of Castle Point for the period 2018 to 2033 will be met. It also sets out the policies that will be applied to ensure that individual development proposals contribute positively towards the Local Plan.

1.2.2 Castle Point is a relatively small local authority area just 45 square kilometres in size, with a population of 88,000 people. It sits at the heart of the South Essex sub-region on the northern bank of the Thames Estuary between the larger settlements of Basildon and Southend. It is these larger settlements, along with London, on which Castle Point relies for a great deal of its employment, services and leisure opportunities.

1.2.3 The Thames Estuary is a significant feature in the landscape of Castle Point. It has and will continue to play an influential role in the natural environment and scope of development within the Borough.

1.2.4 The Local Plan comprises the vision and objectives for future development and change within the Castle Point Borough, accompanied by policies that set out the strategic approach to growth and distribution of development across the Borough in order to achieve a sustainable development. In addition, it includes 97 polices, including strategic policies, allocation policies and development management policies.

1.2.5 It should be noted that part of the South Essex growth ambition will be realised through the preparation and adoption of a Joint Strategic Plan (JSP). The JSP will be a high-level planning framework covering the whole South Essex area. It will set out the overarching spatial strategy, housing target and distribution, strategic employment areas, key transport and other infrastructure priorities and strategic development opportunity areas. It is set to deliver a minimum of 90,000new homes and 52,000 new jobs by 2038. Along with housing and employment the vision aims to deliver large scale infrastructure that will permit long term growth for the region.

1.2.6 The Joint Strategic Plan is not yet available and so has not been incorporated or considered within the Castle Point Local Plan 2018-2033. When this information is available, this HRA may require review and re-issue to take account of it.

2 Castle Point Borough Pre-submission Local Plan 2018 – 2033 can be found at: https://www.castlepoint.gov.uk/. The Constraints Map can be found at: https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n2464.pdf&ver=5926

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 15 Habitats Regulations Assessment

1.2.7 Twenty-nine land parcels have been allocated in the Local Plan through the Strategic Housing Land Area Assessment; these are shown in Appendix 1. Strategic Housing Land Area App Assessment They can also be viewed spatially within the Local Plan.

1.3 Habitats (European) Sites

1.3.1 Habitats Sites is the term used in the NPPF (2018) to describe the network of sites of nature protection areas. The aim of the network is to assure the long-term survival of Europe’s most valuable and threatened species and Habitats. Natura 2000 sites are designated under the European Union (EU) Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) and the EU Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora).

1.3.2 The Birds Directive requires the establishment of Special Protection Area (SPAs) for birds. The Habitats similarly requires Special Areas of Conservation (SACs) to be designated for other species and for Habitats. UK planning policy ensures that Wetlands of International Importance (Ramsar sites) are also considered alongside the Natura 2000 network. Together, SPAs, SACs and Ramsar Sites make up the network of Habitats Sites in England. Sites that are being considered for designation referred to as candidate SACs or proposed SPAs will also be included for the purposes of an HRA.

1.3.3 The following table (Table 1) offers a description and explanation of SPAs, SACs and Ramsar sites.

Table 1: Description and Explanation of SPAs, SACs and Ramsar Sites Special Protection Areas (SPA)

SPAs are areas which have been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within EU countries. Example: Benfleet and Southend Marshes SPA is an estuarine area on the Essex side of the Thames Estuary and supports a diverse flora and fauna, including internationally important numbers of wintering waterfowl. Legislation: EU Birds Directive.

Special Area of Conservation (SAC)

SACs are areas designated to protect habitat types that are in danger of disappearance, have a small natural range, or are highly characteristic of the region; and to protect species that are endangered, vulnerable, rare, or endemic. Example: Essex Estuaries SAC has Atlantic salt meadows, mudflats and sandflats. Legislation: EU Habitats Directive.

Ramsar sites (Wetlands of International Importance)

Ramsar Sites are designated to protect the biological and physical features of wetlands, especially for waterfowl Habitats. For example, Benfleet and Southend Marshes Ramsar site is important due to bird assemblages of international importance in winter and spring. Ramsar sites often overlap with SACs and SPAs and UK planning policy determines that they should be accorded the same importance when developments are proposed. Legislation: Ramsar Convention (1971) – Wetlands of International Importance.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 16 Habitats Regulations Assessment

2. Method and Approach (overview and Screening)

2.0.1 HRAs are a statutory requirement and should be undertaken by the competent authority to ensure that it plans and projects comply with EU Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) and the EU Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora). In England and Wales these are transposed into The Habitats Regulations 2017.

2.0.2 HRA is the process by which the requirements of the Habitats Regulations 2017 are implemented and ensures that plans or projects will not adversely affect Habitats Sites.

2.0.3 The legislation does not require a fixed method, but case law has shaped the way it should be undertaken. The HRA is a sequential process and it is generally divided into four stages, which are set out below in Figure 1. Each of the stages contains a number of sequential steps, comprising the tests or procedures required by the Habitats Directive. This report addresses Regulation 63 of Habitats Regulations 2017 which covers the first stage, i.e. HRA Screening.

2.0.4 Figure 1 below shows the recommended approach taken in the DTA Publications Handbook3. This has been used in the approach of this HRA.

3 The DTA Publications Handbook can be found at www.dtapublications.co.uk

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 17 Habitats Regulations Assessment

Figure 1 Outline of the Four Stage Approach to the Assessment of Plans under the Habitats Regulations (taken from

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 18 Habitats Regulations Assessment

the DTA handbook).

Table 2: Stages of the Habitats Regulations Assessment Process Stage Tasks Outcome • List the policies and allocations. • Where significant effects are unlikely, Stage 1 HRA • Identify potential effects to a prepare a ‘finding of no significant effect’ Screening Habitats Site from the Local Plan. report and Local Plan can be adopted. (Regulation 63) • Assess if any significant effects on • Where significant effects are judged likely, a Habitats Site from the Plan, either alone or in combination or there is a either alone or in combination, with lack of information to prove otherwise, go to other plans or projects. Stage 2. People over Wind CJEU ruling (April 2018) means that it is not possible to consider mitigation measures when screening for impacts. • List policies and allocations within • If no adverse effect on site integrity either Stage 2 scope. alone or in combination, the Local Plan can Appropriate • List Habitats Sites within scope. be adopted. Assessment • Set out methodology of the AA and • If it is not possible to ascertain no adverse (Regulation 63) agree with Natural England. effect on site integrity, go to Stage 3. • Assess the implication of the policies and allocations against the Holohan CJEU ruling (November 2018) now designated features and species imposes more detailed requirements on the not listed but which could be using competent authority at Appropriate Assessment the habitat features. stage. • Apply the integrity test. • Where there may be adverse effects on the ecological integrity of Habitats Sites, in view of the Site’s conservation objectives, consider mitigation measures. • Ensure mitigation is embedded into the Local Plan. • Assess in combination effects with other plans and projects. • Apply the integrity test. Where there may be adverse effects on the ecological integrity of Habitats Sites, in view of the Site’s conservation objectives, consider mitigation measures. • Formerly Consult Natural England. • Identify whether alternative • If there are alternative solutions to the Local Stage 3 solutions exist that would achieve Plan, it cannot be adopted without Assessment of the objectives of the Local Plan modification. alternative and have no or a lesser effect on • If no financially, legally or technically viable solutions the integrity of a Habitats Site(s). alternatives exist, go to Stage 4. (Regulation 64) • If effects remain after alternative solutions been considered, consider whether the policies

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 19 Habitats Regulations Assessment

Stage Tasks Outcome and/or projects should proceed with modification or the policies (and projects) be removed from the Local Plan. • Consider if the risk and harm to • If there are IROPI and compensatory Stage 4 IROPI the Habitats Site is over-ridden by measures, the Local Plan can be adopted (Regulation 64) Imperative Reasons of Over-riding Public Interest. • If there are no IROPI and the Local Plan • Identify and prepare delivery of cannot be adopted. compensatory measures to protect the overall coherence of the Natura 2000 network and notify Government.

2.0.5 Plans should not contain proposals that would be vulnerable to failure under the Habitats Regulations at project assessment stage, as this would be regarded as ‘faulty planning’.

2.0.6 ‘Significant effects’ has been defined through case law. A significant effect is any effect that would undermine the conservation objectives for the qualifying features of Habitats Sites potentially affected, alone or in combination with other plans or projects. There must be a causal connection or link between the Local Plan and the qualifying features of the site (s) which could result in possible significant effects on the site (s). Effects may be direct or indirect and a judgement must be taken on a case-by-case basis. The decision as to whether or not a potential impact is significant depends on factors such as: magnitude of impact, type, extent, duration, intensity, timing, probability, cumulative effects and the vulnerability of the habitats and species concerned. So, what may be significant in relation to one site may not be in relation to another.

2.0.7 An effect which is not significant can be described as ‘insignificant ‘, ‘de minimis’ or ‘trivial’- i.e. it would not undermine the conservation objectives.

2.0.8 A risk-based approach involving the application of the precautionary principle has been used in the assessment. A conclusion of ‘no significant effect’ was only reached where it was considered very unlikely, based on current knowledge and the information available, that a proposal in the Local Plan would have a significant effect on the integrity of a Habitats Site.

2.0.9 Our starting point was the Castle Point Local Plan 2016 HRA4. We considered the results of this Screening report and updated it in line with the Pre-Submission Local Plan October 2019 and, subsequently, the modifications and representations proposed as a consequence of the Regulation 19 consultation in 2020, new Habitats Sites; legislation, and case law. Key guidance and information has also come from the following sources:

• DTA Publications Handbook: https://www.dtapublications.co.uk/ (under subscription)

4 Habitats Regulation Assessment Screening Assessment, Post-consultation, New Local Plan 2016, dated March 2016 https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n2467.pdf&ver=3556

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 20 Habitats Regulations Assessment

• Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) emerging Strategy • HRAs of neighbouring authorities’ Local Plans • Extensive experience of producing other HRAs • Government information regarding Habitats Sites and their ‘zones of influence’, e.g. www.magic.gov.uk

2.0.10 We also considered the responses from Natural England, firstly to the Castle Point Local Plan 2016. In its letter of 30th June 2016 Natural England stated in relation to the associated Habitats Regulations Assessment:

“Natural England advises that you should seek advice from the relevant sewerage undertakers to ensure that increased discharge levels can be accommodated. If not, further assessment may be required. “

This was considered further in relation to water quality in the Appropriate Assessment.

20.0.11 Natural England made a representation to the Pre-Submission Local Plan October 2019 and associated HRA on 14th February 2020 and, since then, has been involved in a dialogue with Castle Point Borough Council about the issues raised. A summary of these details is set out in the Appropriate Assessment below, in section 4.3.18.

2.1 Assessment of Likely Significant Effects

2.1.1 The screening stage identifies whether the Local Plan may result in a Likely Significant Effect to any Habitat Site, alone or in combination with other plans or projects. The screening process should identify all aspects of the Local Plan that are:

• Exempt from assessment • Excluded from assessment • Eliminated from further assessment • Have no Likely Significant Effects, alone or in combination with other plans or projects and therefore be screened out • Screened in as it is not possible to rule out Likely Significant Effects. In line with the 2018 Court judgment (CJEU People Over Wind v Coillte Teoranta C-323/17) mitigation measures cannot be taken into account when carrying out a screening assessment. Consequently, any aspect of the Local Plan which cannot be ruled out as having Likely Significant Effects should continue to Stage 2 Appropriate Assessment.

2.1.2 Habitats Sites which have been included for assessment are those which are within the ZOI for the underpinning Site of Special Scientific Interest (SSSIs) as identified on MAGIC www.magic.gov.uk.

2.1.3 It has been established that this Plan requires an HRA for the following reasons:

Can the plan be exempt?

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 21 Habitats Regulations Assessment

No, the Local Plan is not directly connected with or necessary for the management of any Habitats Sites.

Can the plan be excluded? No, the Local Plan cannot be excluded as it falls within the definition of being a plan within the Habitats Regulations.

Can the plan be eliminated? No, the Local Plan as a whole cannot be eliminated as it proposes a number of policies which may have a Likely Significant Effect on one or more Habitats Site. However, individual polices can be eliminated.

2.2 Identifying Habitats Sites, their Conservation Objectives and Qualifying Features

2.2.1 The qualifying features and conservation objectives of the Habitats Sites, together with current pressures on and potential threats, was drawn from the Standard Data Forms for SACs and SPAs and the Information Sheets for Ramsar Wetlands as well as Natural England’s Site Improvement Plans (SIP) and the most recent conservation objectives. An understanding of the designated features of each Habitats Site and the factors contributing to its integrity has informed the assessment of the potential Likely Significant Effects of the Local Plan.

2.2.2 Key sources of the Habitats Sites information were found at:

• JNCC: http://jncc.defra.gov.uk/ • Site Designation features and Conservation Objectives- Designated Sites View: https://designatedsites.naturalengland.org.uk/ • Site Improvement Plans, e.g.: http://publications.naturalengland.org.uk/publication/6270737467834368 • MAGIC (the Multi Agency Geographic Information website): www.magic.gov.uk • "Managing Natura 2000 sites- The provisions of Article 6 of the 'Habitats' Directive 92/43/EEC"http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/Provisio ns_Art_._nov_2018_endocx.pdf

2.2.3 The list of Habitats Sites, their qualifying features and conservation objectives can be found in Appendix 4, including web links to further information.

2.2.4 The list of key vulnerabilities / factors affecting site integrity can be found in Appendix 5, including links to further information.

2.2.5 A distance of 22km was used to identify Habitats sites likely to be affected by impacts relating to Castle Point Local Plan; these are listed below. However, the Impact Risk Zones can be interrogated on MAGIC and these show which elements may have an effect. Those sites not identified as being within any IRZ have been scoped out for any further assessment. The sites scoped in and out are shown in Table 3 below.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 22 Habitats Regulations Assessment

Table 3: Habitats Sites within 22 km Zone of Influence of allocations for development Site Location Scoped in or out

South Essex on the Thames coastline Benfleet and coast, including Scoped in Southend Hadleigh Ray between This Habitat site falls partly within the Borough. Within Marshes SPA the north east coastline the ZOI as identified on MAGIC. and Ramsar site of Canvey Island and southern edge of Hadleigh Castle County Park. A small area at Mucking, Essex, 4km east (upstream) of site. Thames Estuary Also, large amount on Scoped in and Marshes North Kent coast. Within the ZOI for Northern shore of Thames Estuary SPA and Functionally linked land and Marshes SPA and Ramsar site. Ramsar site within the Borough, particularly Holehaven Creek. Scoped in Outer Thames Covers most marine No IRZ shown on MAGIC but a small part of the site Estuary SPA areas near to Essex overlaps with Castle Point Borough inshore coastal (marine) coast waters.

Essex Estuaries Estuaries from Clacton Scoped in SAC on Sea to Southend Castle Point is within the ZOI of for underpinning SSSIs.

Foulness (Mid- Scoped in Covers south east Essex Coast Castle Point is within the ZOI of Foulness (Mid-Essex corner of Essex, near Phase 5) SPA Coast Phase 5) SPA and Ramsar site as identified on Southend and Ramsar site MAGIC. Blackwater Estuary (Mid- Scoped in Estuary from Maldon to Essex Coast Castle Point is within the ZOI of Blackwater Estuary Mersea Island Phase 4) SPA SPA and Ramsar site as identified on MAGIC. and Ramsar site Crouch and Estuaries from South Roach Estuaries Scoped in Woodham Ferrers, (Mid-Essex Castle Point is within the ZOI of Crouch and Roach between Dengie Coast Phase 3) Estuaries (Mid-Essex Coast Phase 3) SPA and Ramsar Peninsular and SPA and site as identified on MAGIC. Foulness Ramsar site

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 23 Habitats Regulations Assessment

Site Location Scoped in or out Dengie (Mid- Scoped in Dengie Peninsula, east Essex Coast Castle Point is within the ZOI of Dengie (Mid-Essex of Maldon and Phase 1) SPA Coast Phase 1) SPA and Ramsar site as identified on Burnham-on-Crouch and Ramsar site MAGIC. Medway Estuary Scoped out and Marshes Estuary near Outside the ZOI of Medway Estuary and Marshes SPA SPA and Sheerness (Kent) and Ramsar site as identified on MAGIC. Ramsar site Scoped out The Swale SPA Estuary south of the Outside the ZOI of The Swale SPA and Ramsar site as and Ramsar site Isle of Shelley (Kent) identified on MAGIC.

Scoped out South of Rochester Peters Pit SAC Castle Point is outside the ZOI of Peters Pit SAC as (Kent) identified on MAGIC.

Scoped out North Downs South and south west Castle Point is outside the ZOI of North Downs Woodlands SAC of Rochester (Kent) Woodlands SAC as identified on MAGIC.

Scoped out Queendown South east of Castle Point is outside the ZOI for Queendown Warren Warren SAC Gillingham (Kent) SAC as identified on MAGIC.

2.2.6 A map of Habitat Sites scoped in, showing their Zones of Influence and the Local Plan’s housing allocations can be found in Appendix

2.3 Screening and Impact Pathways

2.3.1 During the Screening stage each policy has been screened for Likely Significant Effects. Where it is not possible to rule out Likely Significant Effects we have moved straight to Appropriate Assessment.

2.3.2 There are a wide range of potential impacts and the following impacts summarised below, were considered most likely to cause a Likely Significant Effects:

• Habitat loss and fragmentation / land take as a result of development. • Loss of functionally linked land (land outside the SPA and Ramsar site). Impact on site features (species) which travel outside the protected sites may be relevant where development could result in effects on qualifying interest species within the Habitats Sites, for example through the loss of feeding grounds for an identified species. • Increase of any type of disturbance, for example from recreational use resulting from new housing development and / or improved access due to transport infrastructure projects; • Changes in water availability or water quality as a result of development and increased demands for water treatment, and changes in groundwater regimes due to increased impermeable areas;

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 24 Habitats Regulations Assessment

• Changes in atmospheric pollution levels due to increased traffic, waste management facilities etc. Pollution discharges from developments such as industrial developments, quarries and waste management facilities.

2.3.3 The ZOIs which are provided on the MAGIC website www.magic.gov.uk have been used as a starting point in determining Likely Significant Effect on Habitats Sites and spatial data has been used to determine the proximity of potential development locations to the Habitats Sites. There are many uncertainties associated with using trigger distances as there are very few standards available as a guide to how far impacts will travel. Therefore, during the screening stage a number of assumptions based on professional judgement have been applied in relation to assessing the Likely Significant Effects on Habitats Sites that may result from the Local Plan, as described below.

Habitat Loss and Fragmentation / Land Take by Development

2.3.4 The only Habitats Site within Castle Point Borough is Benfleet and Southend Marshes SPA and Ramsar and so this site is screened in. The majority of this site is within Hadleigh Castle Country Park and the creek adjacent to it. However, it also abuts the north eastern corner of Canvey Island.

2.3.5 Coastal defences exist along much of the Castle Point coastline and sea level rise is also occurring. The Site Improvement Plan for the Greater Thames Complex of SPAs identifies that it is therefore certain that if circumstances do not change, much of the supporting habitats of SPA designated birds will be lost / degraded through processes such as: coastal squeeze; sedimentation rates' inability to keep pace with sea level rise; and reduced exposure (the extent and duration) of mudflats and sandflats.

2.3.6 The Environment Agency aims to implement the South East Habitat Creation Programme to mitigate for these likely impacts. Actions include the creation of compensatory habitat as required under the Habitats Directive for the loss of inter-tidal and grazing marsh habitats as a result of coastal squeeze. In addition, implement actions from Shoreline Management Plans (Isle of Grain to South Foreland; Medway Estuary and Swale; Essex and South Suffolk), Thames Estuary 2100 Plan, and the Greater Thames Coastal Habitat Management Plan.

2.3.7 Habitat loss and fragmentation is therefore within scope of this HRA screening report. Any policy which may directly affect Benfleet and Southend Marshes SPA and Ramsar site has automatically been screened in for further assessment as well as the policies relating to retaining and improving the sea walls.

Loss of Functionally Linked Land (Land outside an SPA and Ramsar Site)

2.3.8 Loss of land within Castle Point Borough may have the potential to result in Likely Significant Effects to Habitats Sites where the habitat affected contributes towards maintaining the interest feature for which the Habitats Sites is designated.

2.3.9 Mobile interest features listed in the relevant Habitats sites- i.e. the birds- may use off-site habitat (land outside of the SPA and Ramsar site boundary) for feeding, roosting, foraging and loafing, especially large fields comprising arable and pastoral land uses and coastal habitats. Natural England has advised that their recognised foraging distance threshold for the majority of wetland bird species is 2km from a designated site.

2.3.10 Loss of functionally linked land is therefore within scope of the HRA screening.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 25 Habitats Regulations Assessment

Water Quality and Quantity

2.3.11 Water quality and quantity potential impacts are within scope of this HRA screening. A map showing the proximity of main rivers to Habitat Sites and the Local Plan’s housing allocations can be found Appendix 8. Habitats Sites, Main River Locations and Housing . Due to the very nature of watercourses, hydrological connectivity can continue for considerable distances.

2.3.12 Canvey Island is flat and largely below sea level. As a result of severe flooding of the Island in 1953, the Island now benefits from a very high standard of tidal flood risk management infrastructure. It is the intention of the agencies involved to maintain and improve the sea defences on Canvey Island. The flat, low lying topography of Canvey Island creates particular issues associated with surface water management and the ability to drain water away during heavy rainfall events. As a result, Canvey Island is identified as a critical drainage area which experiences localised issues of surface water flooding during heavy rainfall events.

2.3.13 Due to its elevated topography, tidal flood risk is less of an issue in Hadleigh and Thundersley compared to Canvey, although there are some low-lying areas still at risk in South Benfleet. Surface water flood risk however presents a more significant issue, particularly in parts of South Benfleet and Thundersley. The predominant solid geology underlying the Castle Point Borough is London Clay, which is impermeable and therefore causing rapid runoff.

2.3.14 The Habitats Sites scoped in support features which are dependent on water quantity and quality. Any changes in water quantity and quality therefore have the potential to significantly impact them. Consequently, impacts could be caused if developments cause increased demands for water treatment or changes in groundwater regimes because of increased impermeable areas.

2.3.15 An assessment of the key vulnerabilities contained within the Site Improvement Plans for the Habitats Sites within the scope of the HRA (Appendix 5) identified that water quality and quantity was not a factor affecting site integrity. However, any policies which have been highlighted as having a Likely Significant Effect to water quality and quantity must still be considered within the Appropriate Assessment. This is because any significant changes to the hydrological regime may result in adverse effects to the highlighted Habitats Sites due to potential impacts from the development alone or in-combination.

2.3.16 The potential effects which could be caused by increased water quality and quantity also include increased volumes of treated wastewater discharged from the Water Recycling Centres or WRCs (formerly known as Wastewater Treatment Works) or combined sewer overflows during high rainfall events. These could, in turn, result in nutrient enrichment of water and potential lowering of dissolved oxygen, as well as increased water velocities and levels, for a distance downstream of the WRC outfall. It is assumed that combined sewer outflows are connected hydrologically to Habitats Sites.

2.3.17 In general, an important determinant of the nature of wetland Habitats Sites and the species that they support is the quality of the water that feeds them. Poor water quality can have a range of environmental impacts.

2.3.18 High levels of toxic chemicals and metals can result in immediate death of aquatic life and have detrimental effects even at lower levels, including changes in wildlife behaviour and increased vulnerability to disease.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 26 Habitats Regulations Assessment

Any discharge from construction sites could therefore result in a Likely Significant Effect although precautionary measures e.g. a management plan for construction or discharge consents from Environment Agency are likely to be considered as appropriate mitigation.

2.2.19 Eutrophication, the enrichment of plant nutrients in water, increases plant growth and consequently results in oxygen depletion. In the marine environment, nitrogen is the limiting plant nutrient, so eutrophication is often associated with discharges containing available nitrogen. Algal blooms, which commonly occur due to eutrophication, increase turbidity and decrease light penetration. The decomposition of organic wastes that often accompanies eutrophication deoxygenates water further, increasing the oxygen-depleting effects of eutrophication.

2.3.20 Sewage and industrial effluent discharges contribute to increased nutrients levels in Habitats Sites, particularly to phosphate levels in watercourses leading into them. Some components of sewage effluent, pesticides, and industrial chemicals, are suspected to interfere with hormones, possibly having negative effects on the reproduction and development of aquatic life. Diffuse pollution, including that from urban run-off, is considered to be a major factor in the unfavourable condition of some Habitats sites. Tidal mudflats, on which many SPA bird species depend, are vulnerable to smothering by increased macroalgal growth due to treated effluent discharge and scouring by increased flow volumes.

2.3.21 Greater pressure on water treatment services due to new development, especially housing, may therefore increase the risk of effluent entering into aquatic environments. Wastewater treatment within the Borough is currently handled through the Wastewater Management Plan.

2.3.22 Water quality and quantity potential impacts are within scope of this HRA screening. A map showing the proximity of main rivers to Habitat Sites and the Local Plan’s housing allocations can be found in Appendix 7. Due to the very nature of watercourses, hydrological connectivity can continue for considerable distances.

2.3.23 This HRA has assumed that the potential for Likely Significant Effects due to reduced water quality, either alone or in-combination, only exists for Habitats Sites which are within 22 km of the Borough boundary (as identified earlier in this chapter) or are hydrologically connected to it and have been scoped in, as shown in Table 3. Any water pollution from more distant development was assumed to be sufficiently diluted and dispersed as to cause a negligible impact. Water quality potential impacts have been scoped in for the HRA screening.

2.3.24 Water pollution, such as contaminated surface run-off, is assumed incapable of significant effects on Habitats Sites beyond the Borough boundary, and therefore could only affect Benfleet and Southend Marshes SPA and Ramsar site. All housing allocations sites situated within the ZOI of Benfleet and Southend Marshes SPA and Ramsar site must also be considered for impacts of water quality.

2.3.25 Development on green field locations can create impermeable surfaces which can increase surface drainage rates. This can cause changes in depth, duration, frequency, magnitude and timing of water supply or flow, which can have significant implications for some waterbirds in sensitive habitats. Such

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 27 Habitats Regulations Assessment

changes may affect the quality and suitability of habitats used by birds for drinking, preening, feeding or roosting. Increased flood risk has been scoped in for the HRA screening.

2.3.26 Housing growth is likely to increase regional water abstraction rates, which can have serious negative impacts on Habitats sites. This is because over-abstraction can reduce water levels in rivers, causing reduced flow velocity. This can have wide ranging effects on river and wetland habitat parameters, including increased temperatures and nutrient concentrations and reduced oxygen concentrations. Such impacts can be significantly detrimental to rivers’ floristic characteristics and to notable species.

2.3.27 Increased use of water sources proposed by a local plan also has the potential to affect terrestrial habitats. Excessive abstraction from underlying aquifers could cause a lowering of the water table and affect the water quality of sensitive wetland habitats.

2.3.28 The previous version of the Castle Point Local Plan HRA (2016) considered that there might be potential impacts upon Abberton Reservoir SPA and Ramsar site. The current Water Resources Management Plan covering Castle Point Borough forecasts water demand for the period 1st April 2015 to 31st March 2040 and documents how the water company plans to meet this demand.

2.3.29 Previous HRA work for the Core Strategy Preferred Options ruled out the possibility of adverse effects on Habitats Sites due to reduced water resources largely on the basis that the expansion of Abberton Reservoir would more than meet water demand for the foreseeable future. The WRMP shows that Castle Point lies within the Essex Water Resource Zone (WRZ) and confirms that the enlargement of Abberton Reservoir is now complete, and that the Essex WRZ is forecast to have a significant supply surplus in every year until 2040.

2.3.30 This HRA has therefore not assessed for potential for Likely Significant Effects upon Abberton Reservoir SPA and Ramsar site as a result of reduced water resources. Abberton Reservoir is out of scope of this HRA in other respect due to its distance from Castle Point Borough.

Air Quality

2.3.31 There are number of atmospheric pollutants which can result in direct or indirect impacts to Habitats sites. These impacts are usually caused when the qualifying features are plants, soils and wetland habitats. For example, saltmarsh eutrophication could lead to successional vegetation change. However, some species may also be indirectly impacted from air pollution causing changes in habitat composition. The primary contributor to atmospheric pollution is transport related activities. Therefore, the main pollutants to atmospheric pollution are considered to be oxides of nitrogen (NOx) or sulphur dioxide (SO2) from traffic emissions. However, high intensities of agricultural practices are also considered to have a significant impact to air pollution. Potential impacts from pollutants and their sources have been highlighted within Table 4.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 28 Habitats Regulations Assessment

Table 4: Main sources and effects of air pollutants on Habitat Sites Pollutants Source Effects on habitats and species

SO2, NOx and ammonia all contribute to Can affect habitats and species from acid deposition. Although future trends in acid rain, as well as, dry deposition. sulphur emissions and subsequent Some habitats will be more susceptible Acid deposition to terrestrial and aquatic depending on soil type, geology, Deposition ecosystems will continue to decline, it is weathering rate and buffering capacity. likely that increased nitrogen emissions may cancel out any gains produced by reduced sulphur levels

Ammonia is released following Adverse effects are as a result of decomposition and volition of animal nitrogen deposition leading to wastes. It is naturally occurring trace gas, eutrophication. As emissions mostly but levels have increased considerably occur at ground level in the rural within increased agricultural practices. environment and NH3 is rapidly Ammonia Ammonia reacts with acid pollutants such deposited, some of the most acute (NH3) as the products of SO2 and NOx problems of NH3 are for small relict emissions to produce fine ammonium nature reserves located near to (NH4) containing aerosol which may be intensive agricultural landscapes. transferred much longer distances (Can therefore be a significant trans-boundary issue).

Nitrogen oxides are mostly primarily Deposition of nitrogen compounds produced in combustion processes, such (Nitrates, nitrogen dioxide and nitrate as coal fire power stations. acid), can lead to both soil and Nitrogen freshwater acidification. In addition, oxides (NOx) nitrogen compounds can cause eutrophication of soils and water. This alters the species composition of plant communities and can eliminate sensitive species.

The pollutants that contribute to nitrogen Species-rich plant communities with deposition derive mainly from NOx and relatively high proportions of slow NH3 emissions. These pollutants cause growing perennial species and Nitrogen acidification (see also acid deposition) as bryophytes are most at risk from deposition well as eutrophication. Nitrogen eutrophication, due to its (N) promotion of competitive and invasive species which can respond readily to elevated levels of N. N disposition can also increase the risk of damage from abiotic factors e.g. drought and frost.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 29 Habitats Regulations Assessment

Pollutants Source Effects on habitats and species

A secondary pollutant generated by Concentrations of O3 above 40 ppb can photochemical reactions from NOx and be toxic to humans and wildlife and can volatile organic compounds. These are affect buildings. Increased ozone mainly released by the combustion of concentrations may lead to a reduction fossil fuels in the UK has led to a large in growth of agricultural crops Ozone (O3) increase in background ozone decreased forest production and altered concentration, leading to an increased species composition in semi-natural number of days when levels across the plant communities. region are above 40ppb. Reducing ozone pollution is believed to require action at international level to reduce levels of the precursors that form ozone.

Main sources of Sulphur Dioxide Wet and dry depositions of Sulphur emission are electricity generation, Dioxide acidify soils and freshwater and industry and domestic fuel combustion. alters the species composition of plant Sulphur May also arise from shipping and and associated animal communities. Dioxide SO2 increased atmospheric concentrations in The significance of impacts depends on busy ports. Total sulphur dioxide levels of deposition and the buffering emissions have decreased substantially capacity of soils. in the UK since the 1980’s.

2.3.32 The World Health Organisation5 has determined the critical threshold of NOx concentrate for the protection of vegetation at 30 µgm-3 (one-millionth of a gram per cubic meter air) and critical threshold of sulphur dioxide at 20µgm-3. Consequently, studies have been undertaken to determine the ‘critical loads’ of atmospheric nitrogen deposition (that is, NOx combined with ammonia NH3) for various habitats within Habitats Sites.

2.3.33 Nitrogen deposition has been determined as being at critical levels for the Essex Estuaries and Greater Thames Complex and has been included as a key vulnerability/ factors affecting site integrity for the Site Improvement Plans for these sites. No other pollutants listed above have been identified as a factor affecting site integrity and the Local Plan does not relate to agricultural practices. However, impacts caused by these pollutants may not be known due to lack of evidence on local impacts.

2.3.34 Consequently, it is considered appropriate that Atmospheric Pollution, particularly nitrogen deposition, should be considered and Air Quality has been scoped in for the HRA screening.

Disturbance

5 World Health Organisation (2006). WHO Air quality guidelines for particulate matter, ozone, nitrogen dioxide and sulfur dioxide http://apps.who.int/iris/bitstream/handle/10665/69477/WHO_SDE_PHE_OEH_06.02_eng.pdf;jsessionid=E274B7697403E0E C4B008261B936A0F4?sequence=1

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 30 Habitats Regulations Assessment

2.3.35 Disturbance concerns species, rather than habitats e.g. wetland birds. It may be limited in time (noise, source of light etc.). The intensity, duration and frequency of repetition of disturbance are therefore important parameters. The following factors can be regarded as significant disturbance.

2.3.36 Any event, activity or process contributing to the:

• The long-term decline of the population of the species on the site. • The reduction, or to the risk of reduction, of the range of the species within the site. • The reduction of the size of the available habitat of the species.

2.3.37 Factors such as noise, light, dust and vibration are capable of causing significant disturbances for species, e.g. Wintering waterfowl populations. Disturbance to qualifying species can also be caused by invasive species.

2.3.38 Managing Natural 2000 Sites states that: “Disturbance of a species occurs on a site from events, activities or processes contributing, within the site, to a long-term decline in the population of the species, to a reduction or risk of reduction in its range, and to a reduction in its available habitat. This assessment is done according to the site’s conservation objectives and its contribution to the coherence of the network.”

2.3.39 Recreation can create increased pressure on the qualifying features of the Habitats Sites scoped in. They all have bird interest and / or associated habitats which have the potential to be adversely affected by increased recreational pressure.

2.3.40 The Site Improvement Plan for the Greater Thames complex (the Thames Estuary and Marshes SPA, the Medway Estuary SPA, the Swale SPA and Benfleet & Southend Marshes SPA) identifies the following as potentially disturbing activities: visual and noise disturbance of bird populations by walkers, especially those with dogs; marine activities such as angling, jet skiing and kite surfing, bait digging, powerboating and recreational boating. Localised damage to vegetation and soils by frequent pedestrian traffic, mountain bikes and trail bikes could also result in adverse effects, particularly if there are qualifying habitats, and have been included as part of the consideration of recreational pressures.

2.3.41 Habitats Regulations Assessments for a number of local plans across Essex – including Castle Point Borough- have established that their proposed housing developments may cause a likely significant effect arising from recreational disturbance either alone, or in combination with other housing developments. The subsequent appropriate assessments have resulted in the development of the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to assess the potential impacts caused by housing growth in Essex and has involved extensive research, including visitor surveys. This is considered the most effective model to deliver mitigation to avoid adverse effects on site integrity from the Local Plans for the 12 partner Local Authorities including Castle Point BC.

2.3.42 The Essex Coast RAMS has developed Zones of Influence (ZOI) for recreational disturbance, and those relevant to the Local Plan are set out in Table 5 below. Natural England has provided revised interim advice (August 2018) which states that there will be a likely significant effect, in combination with other plans and projects, arising from residential development in most of the Essex districts & boroughs, including Castle Point.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 31 Habitats Regulations Assessment

2.3.43 The Castle Point Pre-Submission Local Plan, including any proposed modifications therefore needs to secure appropriate mitigation to ensure that it is sound. This mitigation is considered in the appropriate assessment and so all housing allocation policies are included for consideration at the next stage.

Table 5: Zones of Influence for Recreational Disturbance Habitats Site Underpinning SSSIs Zone of Influence (km) Blackwater Estuary SPA and Ramsar Blackwater Estuary SSSI 22

Dengie SPA and Ramsar Dengie SSSI 20.8

Crouch and Roach Estuaries Roach Ramsar and SPA 4.5 Estuaries SSSI

Foulness Estuary SPA and Ramsar Foulness SSSI 13

Blackwater Estuary SSSI Colne Estuary SSSI Essex Estuaries SAC Crouch and Roach Estuaries SSSI * Dengie SSSI Foulness SSSI

Benfleet and Southend Marshes Benfleet and Southend Marshes SPA and 4.3 SSSI Ramsar

Thames Estuary and Marshes SPA and Mucking Flats and Marshes SSSI 8.1 Ramsar

* The Essex Estuaries comprise the Colne Estuary, Blackwater Estuary, Dengie, Crouch and Roach Estuaries and Foulness Estuary and so follow the respective ZOIs throughout.

2.3.44 Existing ports have the potential to cause adverse effects through various means including disturbance, various forms of pollution (affecting water quality) and by the introduction of non-native invasive species. Ships involved in the movement of oil and gas typically operate across the globe, and as a consequence there is a risk that increased shipping activity will increase the risk of invasive species being transported to the River Thames, via the hull fouling or within ballast water.

2.3.45 There are currently two port facilities, both located on south Canvey and use of the ports with the River Thames as a transport route- is supported by the Local Plan through Policy LP EC4 (Canvey Port Facilities) and Policy SP TP1 (Transport Strategy). Consequently, it is considered appropriate that invasive species should be considered within the scope of this HRA.

2.4 Screening categorisation

2.4.1 Screening is set out in Chapter 3 of this report and Appendix 2 considers each policy in the Local Plan and the results of the screening exercise recorded, using the precautionary principle. Each policy and land allocation included in the Local Plan has been categorised. A ‘traffic light’ system has been used to record the potential for policies and allocated sites to have a Likely Significant Effect, using the system of colours in Table 6 below.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 32 Habitats Regulations Assessment

Table 6: Habitats Regulations Assessment Screening Categorisation Category A: Significant effects not likely

Category A identifies those polices that would not result in a Likely Significant Effect and are considered to have no adverse effect. These policies can be ‘screened out’ and no further assessment is required. This is because, if there are no adverse effects at all, there can be no adverse effect to contribute to in combination effects of other plans or projects.

Category B: Significant effects uncertain

Category B identifies those polices which will have no significant adverse effect on the site. That is, there could be some effect but none which would undermine the conservation objectives, when the policy is considered on its own. Given that there may be some effect this now needs to be considered in combination with other plans or projects. If these effects can be excluded in combination, the policy can be screened out and no further assessment required. However, if the possibility of a significant adverse effect in combination cannot be ruled out there will be a Likely Significant Effect in combination, and Appropriate Assessment will be required. Category C: Likely Significant Effect

Category C identifies those polices which cannot be ruled out as having a Likely Significant Effect upon a Habitat Site, alone, that is the effect could undermine the conservation objectives. In this case an Appropriate Assessment is triggered without needing to consider in combination effects at screening stage, although they may need to be considered at Appropriate Assessment.

2.5 Appropriate Assessment and the Integrity Test

2.5.1 Where the Pre-Submission Local Plan for Castle Point, including any proposed modifications may cause Likely Significant Effects, the second stage is to undertake an ‘Appropriate Assessment’ of the implications of the plan (either alone or in combination with other plans or projects) and establish whether there may be an Adverse Effect on Integrity (AEOI) of any Habitats Sites in view of their Conservation Objectives. The process undertaken for the Appropriate Assessment is set out in Chapter 4 of this report.

2.5.2 Some policies of the Local Plan can be used to mitigate some of the potential Likely Significant Effects which have been identified. These can be considered at Appropriate Assessment. This stage thus becomes an iterative process as avoidance and reduction measures can be incorporated in order to be able to ascertain that there is no Adverse Effect on Integrity on any Habitats Site, before making a final assessment.

2.5.3 The Appropriate Assessment should by be undertaken by the competent authority and should assess all aspects of the Local Plan which can by themselves, or in combination with other plans and projects, affect the sites’ Conservation Objectives. The assessment must consider the implications for each qualifying feature of each potentially affected Habitats Site. Key vulnerabilities are set out in Appendix 5 and the Site Improvement Plans were used to obtain this information. Site Improvement Plans have been developed for each Habitats Site in England as part of the ‘Improvement Programme for England's Natura 2000 sites (IPENS)’.The plan provides a high level overview of the issues (both current and predicted) affecting the condition of the Natura 2000 features on the site(s) and outlines the priority measures required to improve the condition of the features These can be found at : http://publications.naturalengland.org.uk/category/5458594975711232.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 33 Habitats Regulations Assessment

2.5.4 In order to identify potential in combination effects other plans and projects which may affect the Habitats Sites need to be identified. The list of county and district level plans which provide for development in Castle Point Borough as well as Nationally Strategic Infrastructure Projects (NSIPs) to be considered will be identified in liaison with the Sustainability Appraisal.

2.5.5. As part of the Regulation 19 consultation process, Natural England was formally consulted on the previous iteration of this HRA 2019 which supported the Pre-Submission Local Plan 2019 Natural England made a representation on 14th February 2020 and has been involved in a dialogue with Castle Point Borough Council about the issues raised. A summary of these details is set out in the Appropriate Assessment below, in section 4.3.18.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 34 Habitats Regulations Assessment

3. Screening of Likely Significant Effects

3.1 Screening Policies for Likely Significant Effect

3.1.1 This Chapter sets out the potential Likely Significant Effects identified, based upon Chapter 2 and using Categories A, B and C above. It advises where Likely Significant Effects can be ruled out. The need for an ‘Appropriate Assessment’ is triggered where the HRA Screening assessment identifies policies which may have a Likely Significant Effect on any Habitats Site.

3.1.2 The potential impact pathways have been identified in Chapter 2 above and these have been used in the Screening assessment in below.

3.1.3 Fourteen Habitats Sites have been scoped in for HRA screening. Where this is likely to result in a significant effect, or where there is uncertainty, in line with the precautionary approach being applied to the HRA, they are treated as giving rise to Likely Significant Effects until significant effects can be ruled out.

3.1.4 Policies are screened out where they would not result in development because they either set out criteria relating to development proposed under other policies, or are very general in nature, or they seek to protect the natural environment.

3.1.5 The exception for the latter is policy NE1 (Green Infrastructure and the undeveloped Coast) because it also promotes recreation and therefore requires mitigation to avoid impacts from recreational disturbance. Given that this policy may require mitigation, it is not possible to conclude no Likely Significant Effect at Screening Stage and further consideration is therefore necessary at Appropriate Assessment.

3.1.6 A summary of the assessment is set out in Appendix 2. Conclusions take into account the potential in combination effects of other plans and projects. Each policy is considered in the context of the policy Screening criteria above.

3.1.7 Habitats Sites whose Zone of Influence falls partly within Castle Point Borough have been scoped in (Table 5 above) and are listed below:

• Benfleet and Southend Marshes SPA and Ramsar site • Blackwater Estuary SPA and Ramsar site • Foulness SPA and Ramsar site • Dengie SPA and Ramsar site • Crouch and Roach SPA and Ramsar site • Essex Estuaries SAC • Thames Estuary and Marshes SPA and Ramsar site • Outer Thames Estuary SPA

3.1.8 Three Habitats Sites fall within Castle Point Borough. Parts of Benfleet and Southend Marshes SPA and Ramsar site are located along Hadleigh Ray (north east of Canvey Island) and within Hadleigh Castle

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 35 Habitats Regulations Assessment

Country Park. There is also a small section of The Outer Thames Estuary Marine SPA which is situated within the inshore coastal waters east of Canvey Island, but not on the land.

3.1.8 An initial assessment has been undertaken to identify whether any of the Local Plan’s policies have the potential to have any Likely Significant Effects on any Habitats Sites.

3.1.9 The table below (Table 6) lists the policies that have been assessed as having the potential to cause a Likely Significant Effect and the potential impact pathways, before taking mitigation into account (and therefore requiring Appropriate Assessment). The complete list of polices are set out within the Screening Table in Appendix 2. HRA Screening of Individual Policies

Table 7: Policies that have the Potential to Cause a Likely Significant Effect and their Impact Pathways Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

SP SD1 – Making       Effective Use of Land

SP HO1 –       Housing strategy

SP HO6 -Caravan   & Park Homes

SP HO7– Gypsy      & Traveller provision

LP HO9 – Land      west of Benfleet

LP HO10 – Land     between Felstead Road and Catherine Road, Benfleet

LP HO11 – Land     off Glyders, Benfleet

LP HO12 – Site of    

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 36 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

the Former WRVS Hall, Richmond Avenue, Benfleet

LP HO13 – Land     east of Rayleigh Road, Hadleigh

SP HO14 – Land     at Brook Farm

LP HO15 – Land     south of Scrub Lane, Hadleigh

LP HO16 – Land     at Oak Tree Farm, Hadleigh

LP HO17 –     Hadleigh Island, Hadleigh

LP HO18 - Land     east of Downer Road, Thundersley

LP HO33 Land     north of Grasmere Road and Barrowdale Road, Thundersley

LP HO19 – Land     at Glebelands. Thundersley

LP HO20 – The     Chase,

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 37 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

Thundersley

LP HO21 – Land     fronting Rayleigh Road, Thundersley

LP HO22 – Land     at Thames Loose Leaf, Kiln Road, Thundersley

LP HO23 – Land      east of Canvey Road, Canvey Island

LP HO24 – Land      west of Canvey Road, Canvey Island

LP HO25 – Land      at Thorney Bay, Canvey Island

LP HO26 – Land      at The Point

LP HO27 –     Walsingham House

LP HO28 – Land      at the Admiral Jellicoe

LP HO29 – Land     south of Haron Close

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 38 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

LP HO30 –     Haystack car park

LP HO31 – Land      at Kings Park

LP HO32 - Land     at 244-258 London Road, Hadleigh

SP EC1 –   Economic Land Supply

SP EC2 – New    Employment Land

LP EC3 – Canvey     Seafront entertainment area

LP EC 4 –      Canvey Port Facilities

SP TC1 – Town   Centre Strategy

LP TC2 -Canvey     Town Centre and Hadleigh Town Centre Regeneration

LP TC4 – Out of    Centre Parks

LP TC5 – South    Benfleet Leisure

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 39 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

Quarter

LP HS3 –      Opportunities for Outdoor Recreation

LP HS6 –      Community Facilities

LP HS7 – Open      Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses

SP TP1 –      Transport Strategy

LP TP2 –      Improvements and Alterations to Highway Infrastructure

LP TP3 –   Improvements to Footpaths, Bridleways and Cycling Infrastructure

SP GB1 – Green      Belt Strategy

LP GB2 – New      Development in

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 40 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

the Green Belt

LP GB4 Limited     Infill - Special Policy Areas

LP GB5 – Change      of Use of Buildings and Land in the Green Belt

SP GB7- Positive      uses in the Green Belt

LP CC2 – Tidal      Flood Risk Management Area

SP CC3 – Non-   Tidal Flood Risk Management

SP NE1 – Green    Infrastructure and the undeveloped Coast

LP NE2 –      Protection of historic natural landscapes

LP       NE5Ecologically Sensitive and Designated Sites

LP NE7 –  

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 41 Habitats Regulations Assessment

Policy Habitat Loss/ Features Disturbance Water Air and Potential for Land take by (species) including Quality and Noise In development outside recreational Quantity Pollution Combination Habitats disturbance (Pollution) Effects Sites

Pollution Control

LP NE10 –   Ensuring Capacity at Water Recycling Centres

3.2 Policies Carried Forward to Appropriate Assessment Stage

3.2.1 The Pre-submission Local Plan polices are shown in the HRA Screening Table in Appendix 2 and those marked red or amber are screened in as having the potential for Likely Significant Effects, alone or in combination with other plans and projects, before taking mitigation into account. They are now required to go to Appropriate Assessment stage where mitigation can be considered. Table 7 above summarises the policies which have been assessed as having the potential to cause a Likely Significant Effect on Habitats Sites with the potential impact pathways.

3.3 Habitat Sites Screened in for Appropriate Assessment

3.3.1 The potential impact pathways between Habitats Sites and Local Plan polices identified at Screening Stage are shown in Table 8 below.

Table 8: Habitats Sites, Impact Pathways and Examples of LSE Identified at Screening Stage Nature of Which Habitats Site(s) How the Castle Point Local Plan (alone Likely to result potential could the Castle Point or in combination with other plans and in Significant impact Local Plan affect projects) could affect a Habitats Site? Effect and (alone or in therefore combination with other require further plans and project)? assessment? • Benfleet and Housing and employment allocated sites are Yes Habitat loss / Southend Marshes not within the boundaries of any Habitats Land take by SPA and Ramsar Sites. However, some protection policies development site

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 42 Habitats Regulations Assessment

Nature of Which Habitats Site(s) How the Castle Point Local Plan (alone Likely to result potential could the Castle Point or in combination with other plans and in Significant impact Local Plan affect projects) could affect a Habitats Site? Effect and (alone or in therefore combination with other require further plans and project)? assessment? • Thames Estuary may cause an effect, e.g. land loss through and Marshes SPA flood management. and Ramsar

Impact on • Benfleet and Castle Point Borough is within the ZOI of the Yes features Southend Marshes Habitats Sites within scope of this HRA. (protected SPA and Ramsar Some allocations are within the Zone of species) outside site Influence of Habitats sites & policies may the protected site • Thames Estuary affect features outside the protected site boundary and Marshes SPA boundary. and Ramsar Birds included within the Habitats Sites may also use land outside of these. The Local Plan may prevent future use of these areas or could result in creation or enhancement of habitats

Recreational • Benfleet and Castle Point Borough is within the ZOI for Yes disturbance Southend Marshes recreational disturbance for the Habitats SPA and Ramsar Sites within scope of this Assessment. site Other • Blackwater Estuary Some allocations are within the Zone of Disturbance SPA and Ramsar Influence of Habitats sites & policies may site affect features outside the protected site • Foulness SPA and boundary. There are site allocations on Ramsar site Canvey Island which are next to/ close to • Dengie SPA and Benfleet and Southend Marshes SPA and Ramsar site Ramsar site, with potential for other forms of • Crouch and Roach disturbance- e.g. noise during construction. SPA and Ramsar site • Essex Estuaries SAC • Thames Estuary and Marshes SPA and Ramsar site • Outer Thames Estuary SPA

Water quantity • Benfleet and There is a causal pathway between Yes and quality Southend Marshes development proposed by the Local Plan (pollution) SPA and Ramsar and Habitats Sites. E.g. Roscommon Way site 3rd phase; water treatment works and non- coastal flooding.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 43 Habitats Regulations Assessment

Nature of Which Habitats Site(s) How the Castle Point Local Plan (alone Likely to result potential could the Castle Point or in combination with other plans and in Significant impact Local Plan affect projects) could affect a Habitats Site? Effect and (alone or in therefore combination with other require further plans and project)? assessment? • Foulness SPA and Ramsar site • Dengie SPA and Ramsar site • Crouch and Roach SPA and Ramsar site • Essex Estuaries SAC • Thames Estuary and Marshes SPA and Ramsar site • Outer Thames Estuary SPA

Air Quality • Benfleet and There is a causal pathway between Yes Southend Marshes development proposed by the Local Plan SPA and Ramsar and Habitats Sites or their functionally linked site land. • Thames Estuary and Marshes SPA and Ramsar

3.3.2 Potential effects listed for the above Habitats Sites cannot be ruled out from being significant and the pathways require further consideration. Table 8 above summarises the main ways in which the Local Plan could cause Likely Significant Effects. Some of the potential Likely Significant Effects could be mitigated through the implementation of other proposals in the Local Plan itself.

3.4 HRA Screening Conclusion and Considering the Next Stage

3.4.1 The range of potential impacts on fourteen Habitats Sites has been considered and assessed. In line with the recent Court judgment (CJEU People Over Wind v Coillte Teoranta C-323/17), mitigation measures can no longer be taken into account when carrying out a HRA screening assessment to decide whether a plan or project is likely to result in Likely Significant Effects on a Habitats Site. Consequently, HRA screening has concluded that it is not possible to rule out the potential for Likely Significant Effects without further assessment and possible mitigation for the polices set out in 3.2 and Table 8 above.

3.4.2 An Appropriate Assessment is therefore required under the Conservation of Habitats and Species Regulations 2017 (as amended). The Castle Point Pre-Submission Local Plan, including any proposed

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 44 Habitats Regulations Assessment

modifications may only be adopted after having ascertained that it will not result in adverse effect on integrity of the Habitats Sites within scope of this assessment.

3.4.3 This stage can be an iterative process as measures can be incorporated in order to be able to ascertain that there is no adverse effect on site integrity, before re-screening and making a final assessment.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 45 Habitats Regulations Assessment

4. Introducing Appropriate Assessment and Considering Adverse Effects on Site Integrity

4.1 Introduction

4.1.1 Castle Point Borough Council, as the competent authority, needs to undertake an ‘Appropriate Assessment’ as various policies have been screened in as having the potential to cause Likely Significant Effects on any Habitats Sites, without taking into account appropriate mitigation measures.

4.1.2 This should involve an ‘Appropriate Assessment’ of the implications of the Castle Point Pre-Submission Local Plan, and any proposed modifications either alone or in combination with other plans or projects, in order to establish whether there may be an Adverse Effect on the Integrity of any Habitats Sites in view of their Conservation Objectives. This stage is to undertake objective scientific assessment of the implications of the Local Plan on the Qualifying Features of the listed Habitats Sites using the best scientific knowledge in the field. It should apply the best available techniques and methods to assess the extent of the effects of the Local Plan on the integrity of the Habitat Sites. The description of the site’s integrity and the impact assessment should be based on the best possible indicators specific to the Habitat Sites’ qualifying features, which can also be useful in monitoring the impact of the Local Plan’s implementation.

4.1.3 The Appropriate Assessment should assess all aspects of the Local Plan which can by themselves, or in combination with other plans and projects, affect the Conservation Objectives of one or more Habitats Site. The assessment must consider the implications for each qualifying feature of each potentially affected Habitats Site. The focus of the appropriate assessment is therefore on the species and / or the habitats for which the Habitats Site is designated.

4.1.4 The best scientific knowledge should be used when carrying out the Appropriate Assessment in order to enable the competent authority to conclude with certainty that there will be no Adverse Effect on the Integrity of any Habitats Site6.

4.1.5 It is important that the Appropriate Assessment provides a better understanding of potential effects and can therefore assist in the identification of mitigation measures where possible to avoid, reduce or cancel significant effects on Habitats Sites which could be applied when undertaking the ‘integrity test’. All mitigation measures built into the Local Plan can be taken into account. The Appropriate Assessment is an iterative process, re-assessing changes and new or different mitigation measures before making its final conclusion. It must be clear which mitigation measures are being relied upon in order to meet the integrity test.

4.1.6 The integrity test must apply the precautionary principle. However, plan assessments are less precise than project assessments, and so it is important for the assessment process to eliminate the prospect of adverse effects integrity insofar as it is possible, given the level of specificity of this Local Plan.

6 Waddenzee ruling (C-127/02 paragraphs 52-54, 59)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 46 Habitats Regulations Assessment

4.1.7 This process has already been undertaken for the Pre-Submission Local Plan (2019). A summary of this can be found in Appendix 3. Results of embedding mitigation within the Appropriate Assessment of the corresponding HRA.

4.2 Court Judgements and their consideration in this Report

4.2.1 CJEU People Over Wind v Coillte Teoranta C-323/17

As previously mentioned, in line with the Court judgement (CJEU People Over Wind v Coillte Teoranta C- 323/17), mitigation measures cannot be taken into account when carrying out a screening assessment to decide whether a plan or project is likely to result in significant effects on a Habitats Site. This HRA Appropriate Assessment therefore considers mitigation measures for the assessment of Likely Significant Effects resulting from the Castle Point Pre--submission Local Plan.

In accordance with this Judgement, all mitigation measures already built into the Local Plan can now be taken into account for the Appropriate Assessment.

4.2.2 CJEU Holohan C- 461/17

Court rulings include CJEU Holohan C-461/17 (7 November 2018) which now imposes more detailed requirements on the competent authority at Appropriate Assessment stage:

1. […] an ‘Appropriate Assessment’ must, on the one hand, catalogue the entirety of habitat types and species for which a site is protected, and, on the other, identify and examine both the implications of the proposed project for the species present on that site, and for which that site has not been listed, and the implications for habitat types and species to be found outside the boundaries of that site, provided that those implications are liable to affect the conservation objectives of the site.

2. […] the competent authority is permitted to grant to a plan or project consent which leaves the developer free to determine subsequently certain parameters relating to the construction phase, such as the location of the construction compound and haul routes, only if that authority is certain that the development consent granted establishes conditions that are strict enough to guarantee that those parameters will not adversely affect the integrity of the site.

3. […] where the competent authority rejects the findings in a scientific expert opinion recommending that additional information be obtained, the ‘Appropriate Assessment’ must include an explicit and detailed statement of reasons capable of dispelling all reasonable scientific doubt concerning the effects of the work envisaged on the site concerned.

4.2.3 It is therefore necessary to consider species likely to be present in any of the Habitats sites, for which that site has not been listed – e.g. birds which are designated features of the underpinning SSSI - and the implications for habitat types and species to be found outside the boundaries of that site, provided that

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 47 Habitats Regulations Assessment

those implications are liable to affect the conservation objectives of the site. Those species found outside the Habitats site boundary are covered by the consideration of impacts on functionally-linked land.

4.2.4 CJEU Joined Cases C-293/17 and C-294/17 Coöperatie Mobilisation for the Environment and Vereniging Leefmilieu

These Dutch cases concerned authorisations for schemes for agricultural activities in Habitats sites which cause nitrogen deposition and where levels already exceeded the critical load. These are not directly connected with or necessary for the management of a Habitats Site and “highlights” of the ruling include:

1. Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that the grazing of cattle and the application of fertilisers on the surface of land or below its surface in the vicinity of Natura 2000 sites may be classified as a ‘project’ within the meaning of that provision, even if those activities, in so far as they are not a physical intervention in the natural surroundings, do not constitute a ‘project’ within the meaning of Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.

2. Article 6(3) of Directive 92/43 must be interpreted as meaning that a recurring activity, such as the application of fertilisers on the surface of land or below its surface, authorised under national law before the entry into force of that directive, may be regarded as one and the same project for the purposes of that provision, exempted from a new authorisation procedure, in so far as it constitutes a single operation characterised by a common purpose, continuity and, inter alia, the location and the conditions in which it is carried out being the same. If a single project was authorised before the system of protection laid down by that provision became applicable to the site in question, the carrying out of that project may nevertheless fall within the scope of Article 6(2) of that directive.

…

6. Article 6(3) of Directive 92/43 must be interpreted as meaning that an ‘appropriate assessment’ within the meaning of that provision may not take into account the existence of ‘conservation measures’ within the meaning of paragraph 1 of that article, ‘preventive measures’ within the meaning of paragraph 2 of that article, measures specifically adopted for a programme such as that at issue in the main proceedings or ‘autonomous’ measures, in so far as those measures are not part of that programme, if the expected benefits of those measures are not certain at the time of that assessment.

7. Article 6(3) of Directive 92/43 must be interpreted as meaning that measures introduced by national legislation, such as that at issue in the main proceedings, including procedures for the surveillance and monitoring of farms whose activities cause nitrogen deposition and the possibility of imposing penalties, up to and including the closure of those farms, are sufficient for the purposes of complying.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 48 Habitats Regulations Assessment

This ruling is relevant to projects which trigger appropriate assessment before any consents are issued so should be considered when identifying other plans and projects for an in-combination assessment.

4.3 Approach and Methodology of the Appropriate Assessment

In order to fulfil the above requirements and taking into account case law, this Appropriate Assessment will therefore use the following process, and will be structured using the potential impact pathways to Habitats Sites.

Policies / Allocations and Habitats Sites within Scope

4.3.1 The potential Likely Significant Effects considered at Screening Stage are now carried forward for consideration at Appropriate Assessment. The policies and their potential to have adverse effects on any Habitats Site through a variety of impact pathways are now considered in more detail, for example habitat loss or deterioration, disturbance, direct and indirect effects; extent of the effects (habitat area, species numbers or areas of occurrence); importance and magnitude (e.g. considering the affected area or population in relation to the total area and population size).

4.3.2 The policies and allocations listed in Table 6 were identified at Screening Stage as having the potential to cause a Likely Significant Effect. Table 7 lists the Habitats Sites identified at Screening Stage and shows the potential impact pathways and potential Likely Significant Effects identified.

4.3.3 Key vulnerabilities of each Habitats Site are set out in Appendix 5 using the relevant Site Improvement Plans. Site Improvement Plans have been developed for each Habitats (Natura 2000) Site in England as part of the ‘Improvement Programme for England's Natura 2000 sites (IPENS)’ but they do not include Ramsar sites. Each Site Improvement Plan provides a high-level overview of the issues (both current and predicted) affecting the condition of the Natura 2000 features on the site(s) and outlines the priority measures required to improve the condition of the features These can be found at: http://publications.naturalengland.org.uk/category/5458594975711232.

4.3.4 Additional information is also provided for each site on the Designated Sites website and this information has been interrogated. Of particular relevance is the Advice on Operations for Benfleet and Southend Marshes SPA, which can be found at: https://designatedsites.naturalengland.org.uk/Marine/FAPMatrix.aspx?SiteCode=UK9009171&SiteName =benfleet+and+southend+marshes&SiteNameDisplay=Benfleet+and+Southend+Marshes+SPA&county Code=&responsiblePerson=&SeaArea=&IFCAArea and Advice on Operations for Thames Estuary and Marshes SPA, which can be found at: https://designatedsites.naturalengland.org.uk/Marine/FAPMatrix.aspx?SiteCode=UK9012021&SiteName =&SiteNameDisplay=Thames+Estuary+and+Marshes+SPA&countyCode=&responsiblePerson=&SeaAr ea=&IFCAArea=&NumMarineSeasonality=8,8

The following marine activities are listed here which help to provide an initial assessment of whether a proposed plan or project (or ongoing activity) may have an impact on a feature in the site.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 49 Habitats Regulations Assessment

▪ Aggregate extraction ▪ Aquaculture ▪ Beach management ▪ Cables ▪ Coastal development and flood and erosion risk management schemes (construction, maintenance and operation) ▪ Coastal infrastructure ▪ Commercial shipping (operation) ▪ Electricity from renewable energy sources ▪ Fishing ▪ Oil, gas and carbon capture storage ▪ Ports and harbours- construction, maintenance and operation ▪ Recreation

Use of Mitigation Measures

4.3.5 All mitigation measures already built into the Local Plan can now be taken into account for the Appropriate Assessment. At this stage other policies of the Plan can be considered in order to mitigate some of the potential Likely Significant Effects which have been identified. This stage is an iterative process as avoidance and reduction measures can be incorporated in order to be able to avoid the potential impacts identified in the Appropriate Assessment or reduce them to a level where they will no longer adversely affect the site’s integrity.

4.3.6 An example may include a requirement for Sustainable Drainage Schemes (SuDS) for new housing and employment sites which can help to mitigate for surface water flooding and prevent water pollution.

4.3.7 Where there may still be adverse effects on the ecological integrity of Habitats Sites, in view of the Site’s conservation objectives, additional mitigation measures may also need to be proposed. Generic mitigation is used where possible. This should help to address water quality, air pollution, noise, and other (non- recreational) forms of disturbance. Construction Environment (Ecological) Management Plans (CEMPs) – often a condition of consent - can help to direct seasonal working, damping down of dust and measures to alleviate noise pollution.

4.3.8 In

below -taken from Natural England’s Advice on Seasonality for Benfleet and Southend Marshes SPA- the months highlighted in green in each row indicate the months in which significant numbers of each mobile designated feature are most likely to be present at the site during a typical calendar year (NB there is no advice on seasonality for assemblage features). For the months not highlighted in green, features may be present in less significant numbers in typical years, but there may still be a significant effect.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 50 Habitats Regulations Assessment

Table 9: Advice on Seasonality for Benfleet and Southend Marshes SPA (Natural England)

Table 10: Advice on Seasonality for Thames Estuary and Marshes SPA (Natural England)

4.3.9 Reduction in the scale of the potentially damaging provision by mitigation measures may reduce the potential effects on a Habitats Site, but they may still require the residual effects to be assessed in combination. This may or may not allow the Local Plan to pass the integrity test. All the necessary measures need to be incorporated into the Local Plan before the integrity test can be applied.

4.3.10 Monitoring will be required as part of the Local Plan where residual effects are identified.

Applying the Integrity Test

4.3.11 Following the Appropriate Assessment and the consideration of all mitigation measures, the competent authority needs to make a judgement on whether any of the policies will have an Adverse Effect on Integrity on any Habitats Site either alone or in combination with other plans and projects. This test incorporates the precautionary principle. This Assessment is set out in Chapter 5.

In Combination Effects with other Plans and Projects

4.3.12 The Appropriate Assessment also includes a comprehensive identification of all the potential effects of the Local Plan likely to be significant, taking into account the combination of the effects of the Local Plan with those of other plans or projects. An example is the incorporation of the Essex Coast RAMS through Policy LP NE8 which will provide strategic mitigation measures for all new housing developments as they are all within the Zone of Influence for recreational disturbance from in combination effects.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 51 Habitats Regulations Assessment

Embedding Mitigation into the Local Plan

4.3.13 Castle Point Borough Council, as the competent authority, should consider the manner in which the Local Plan is to be implemented and any mitigation measures which could be relied upon when deciding whether it would have an Adverse Effect on Integrity, including when and how they can be embedded into the Local Plan. It needs to ensure that mitigation is embedded into the Plan through amendments to policies where necessary. It is not sufficient to rely on a general policy aimed at protecting Habitats Sites. Instead, explicit caveats need to be included where there may be conflicts between a general policy to protect Habitats Sites from development and another policy.

4.3.14 Chapter 5 summarises the additional mitigation measures required for this Plan.

Re-applying the Integrity Test

4.3.15 At this stage the integrity test should be re-applied. Where there may still be adverse effects on the ecological integrity of Habitats Sites, in view of their conservation objectives, additional mitigation measures should be considered.

4.3.16 Chapter 5 considers each potential impact pathway against the policies screened in, how they might be mitigated and provides an assessment as to whether embedded mitigation is sufficient to avoid Adverse Effect on Integrity.

Monitoring 4.3.17 Recommendations for further monitoring may been included.

Consulting Natural England 4.3.18 Natural England has been formerly consulted on the previous iteration of this HRA (2019) in conjunction with the Castle Point Pre-submission Local Plan. It made a representation on 14 February 2020. Since then, there has been a regular dialogue between Castle Point Borough Council and Natural England.

In summary, Natural England’s response on 14 February 2020 to the HRA was as follows:

Natural England was disappointed that not all the HRA’s recommendations were included within the Local Plan. The Council has acknowledged this criticism, and these recommendations now form proposed modifications to the Local Plan.

Recreational disturbance • Consideration of the availability of avoidance measures, e.g. green infrastructure on-site or within walking distance (1.3k). • Consideration of potential recreational impacts from the plan alone and measures to divert and deflect visitors in addition to Essex Coast RAMS

Water Quality/Quantity • Welcomed to the use of Sustainable Drainage Systems (SuDS)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 52 Habitats Regulations Assessment

• Sought confirmation that there is adequate capacity for sewerage and wastewater and supported the HRA’s recommendations in relation to this.

Coastal Squeeze and Coastal Impacts • The approach within the HRA was welcomed. Natural England encouraged the Plan to seek additional net gains for biodiversity, rather than just to facilitate the aims and policies of the TE 2100. • Natural England suggested that the Plan also makes reference to the Essex and South Suffolk Shoreline Management Plan with respect to coastal habitat creation and climate resilience.

Functionally Linked Land • Concerns over a potential third crossing to Canvey Island, across Holehaven Creek Site of Special Scientific Interest and that the HRA has not assessed it adequately at the Plan level. The proposed new access will result in loss of land known to be functionally linked to the Thames Estuary and Marshes SPA and Ramsar site for the internationally important Black- tailed godwit population and their associated habitat. • Agreed that additional precautionary text required for LP TP2

4.3.19 In addition, there have been representations from the RSPB and Essex Wildlife Trust as part of the Regulation 19 consultation. These comments particularly focused on the land on the West of Canvey Island and along Holehaven Creek being functionally linked land for The Thames Estuary and Marshes SPA and Ramsar site.

As a result, the Thames Estuary and Marshes SPA and Ramsar site have been screened in and, therefore, subsequently incorporated into this HRA. Other proposals within the RSPB’s representations have also been included.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 53 Habitats Regulations Assessment

5. Undertaking the Appropriate Assessment

5.1 Habitat damage, loss and fragmentation / land take as a result of development

Policies / Allocations and Habitats Sites within Scope

5.1.1 As identified at the HRA Screening stage above (Chapter 3), the only Habitats Sites located within Castle Point Borough are Benfleet and Southend Marshes SPA and Ramsar and The Outer Thames Estuary SPA. These are, therefore, the sites that are most likely to be directly damaged or fragmented as a result of Local Plan policies. The coastal habitats of Holehaven Creek are considered to be functionally-linked land for the Thames Estuary and Marshes Special Protection Area and Ramsar site. Therefore, this land has been included as having the potential to be affected as a result of Local Plan policies. These sites are within the same Site Improvement Plan for the Greater Thames Complex.

5.1.2 The Outer Thames Estuary SPA, despite being located partially within the waters of the Local Plan area, has been screened out from having potential effects associated with loss of habitat because it supports marine bird species (Red-throated diver (Non-breeding), Common tern (Breeding), Little tern (Breeding)) which do not rely upon the terrestrial habitats which occur within the Local Plan.

5.1.3 The polices which have been screened in (for habitat damage, loss and fragmentation / land take) are:

• LP CC2 – Tidal Flood Risk Management Area • LP NE5 Ecologically Sensitive and Designated Sites

5.1.4 LP CC2 Tidal Flood Risk Management Area The only policy carried forward to Appropriate Assessment for habitat damage, loss and fragmentation or land take as a result of development, is LP CC2 (see Appendix 2. HRA Screening of Individual Policies

5.1.5 The HRA Screening stage could not rule out the potential for Likely Significant Effects through the proposed coastal flooding of Hadleigh Marshes and Two Tree Island (part of Benfleet and Southend Marshes SPA and Ramsar site) to provide compensation for the loss of intertidal habitat as a result of retaining and enhancing sea walls for flood defence . This is part of a future long-term flood alleviation scheme as part of the Thames Estuary 2100 Plan’s compensatory habitat plans.

5.1.6 The safeguarding of land for future flood defence works could also adversely affect peripheral areas of Benfleet and Southend Marshes SPA and Ramsar site.

5.1.7 The Designated Sites website provides the following information for Benfleet and Southend Marshes SPA:

Much of the site is below national sea level (Environment Agency and WFD, 2012) and it is made up of several intertidal, subtidal and terrestrial habitat types that birds rely upon for loafing, roosting

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 54 Habitats Regulations Assessment

and foraging. In many locations the presence of a seawall separates the terrestrial parts of the site (such as freshwater and coastal grazing marsh) from the intertidal and marine zones (mixed and coarse sediments, saltmarsh, sand and mud flats, shell banks and seagrass beds).

Due to the high flood risk in the Thames Estuary basin as a result of sea-level rise and erosion (Environment Agency and WFD, 2012), coastal squeeze and intertidal habitat loss is a concern within this site. Most of the intertidal habitat is muddy in character, with extensive areas of saltmarsh and saltmarsh basins, inlets, seagrass beds and lagoons in the low-lying areas. The significant saltmarsh roost areas at Two Tree and Canvey Point in the SPA are considered to be in unfavourable condition when assessed through its component SSSI units; the remaining inner creek saltmarsh has experienced no deterioration or improvement in unfavourable condition, and is generally considered to be recovering (Natural England (NE), 2011).

Extensive condition improvements have taken place on the adjacent grassland SPA and SSSI habitats (Fuller, 2015 Pers Comm) (Natural England (NE), 2011). The SPA grassland is mostly coastal grazing marsh with ditches, and includes the sea wall with borrowdykes, which collectively provide supporting habitat for overwintering waterfowl. The whole area, including the adjoining SSSI grassland downs, supports notable botanical and invertebrate assemblages characteristic of the Thames terrace and marshes (Essex County Council, 2012).

5.1.8 Coastal and non-coastal flood risk is dealt with through a variety of organisations and plans which are separate from this Local Plan. These include Catchment Flood Management Plans (prepared by the Environment Agency (EA)); Shoreline Management Plans (EA and coastal planning authorities); River Basin District Flood Risk Management Plans (EA) and Local Flood Risk Management Strategies (Essex County Council). The Thames Estuary 2100 Plan sets out specific policies in relation to the management of flood risk in and around the Thames Estuary. TE2100 data and information has been provided to local authorities preparing strategic flood risk assessments (SFRAs) and flood plans.

5.1.9 Canvey Island is low lying and at risk of flooding without adequate sea defences. Where there are substantial communities -such as Canvey Island- the Thames Estuary 2100 Plan sets out a policy of maintaining and enhancing the existing defences in order to respond to the implications of climate change. This is supported by the Local Plan through Policy LP CC3.

5.1.10 The Local Plan seeks to ensure that the existing sea walls are retained, protected and strengthened where necessary. Additional development is proposed by the Local Plan on Canvey Island through its housing and employment policies and supporting infrastructure, including the extension of Roscommon Way. These areas are within the existing sea wall and the defences will be required irrespective of any new developments.

5.1.11 Any future additional defence works to the seawall could potentially destroy adjacent habitat (as well other cause other issues such as water and air pollution and the potential to cause disturbance during construction works). Furthermore, sea walls will continue to result in ‘coastal squeeze’, where the inter- tidal habitat is squeezed out between the line of defences and rising sea levels.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 55 Habitats Regulations Assessment

5.1.12 Coastal squeeze has been identified in the Greater Thames Complex Site Improvement Plan (SIP)7 as a pressure for the following features:

• Non-breeding: Dark-bellied Brent Goose, Common shelduck, Pintail, Shoveler, Avocet, Hen Harrier, Ringed Plover, Golden Plover, Grey Plover, A143(NB) Red knot, A149(NB)Dunlin, A156(NB) Black-tailed Godwit, Bar-tailed Godwit, Common redshank.

• Breeding: Marsh Harrier Avocet, Mediterranean Gull, Little Tern, Breeding bird assemblage.

• Waterbird assemblage

5.1.13 The Greater Thames Complex SIP states that,” Coastal defences exist along much of the coastline here. Sea level rise is also occurring. It is therefore certain that if circumstances do not change, much of the supporting habitats of the SPA birds will be lost / degraded through processes such as: coastal squeeze; sedimentation rates' inability to keep pace with sea level rise; and reduced exposure (the extent and duration) of mudflats and sandflats.”

5.1.14 The TE2100 Plan recognises that it is likely to have significant negative effect alone, and in combination, on the: • Medway Estuary and Marshes SPA and Ramsar site • Thames Estuary and Marshes SPA and Ramsar site • Benfleet and Southend SPA and Ramsar site • Foulness (Mid-Essex Coast Phase 5) SPA and Ramsar site • Essex Estuaries SAC

5.1.15 The primary reason for this is that continuing with the current line of defences will mean that these sites are likely to suffer from coastal squeeze. Therefore, retaining coastal defences could cause an adverse effect on site integrity.

5.1.16 In recognition of this, the TE2100 Plan has identified opportunities for up to 1000 ha for potential intertidal habitat creation and 800 ha for potential freshwater habitat creation in anticipation that its Appropriate Assessment would conclude would have an adverse effect. These areas are identified within the TE2100 Action Plan (Chapters 8 & 9). It advises that “the new habitat areas are as near as possible to those adversely affected; are suitable in terms of ecological features; and should be ready in time to provide the functions they are intended to compensate for.”

5.1.17 This approach has therefore not been initiated by the Castle Point Local Plan, but it is supported by it, as a key partner.

5.1.18 LP NE5 Ecologically Sensitive and Designated Sites It is beneficial to have a policy focussing on designated sites within the Local Plan such as Policy LP NE5. The HRA 2019 recommended a number of amendments to the NE5 and supporting text. The proposed modifications seek to address these issues. However, this HRA is making further recommendations.

7 The Greater Thames Complex Site Improvement Plan can be found at http://publications.naturalengland.org.uk/publication/6270737467834368

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 56 Habitats Regulations Assessment

Use of Mitigation Measures

5.1.19 Policy CC2 (Tidal Flood Risk Management Area) The Hadleigh Marshes project is embedded in the Local Plan through Policy LP CC2 in order to reflect and support the aspirations of the TE2100 Plan.

5.1.20 It should be noted that the Thames 2100 Plan itself has been through the Habitats Regulations Assessment process. The TE2100 Plan recommendations for Hadleigh Marshes have been assessed for their Adverse Effect on Integrity and this has needed to go to the next HRA stage (i.e. Imperative Reasons of Overriding Public Interest). It triggered the need for compensation of loss of saltmarsh habitat through ‘coastal squeeze’ around the Thames estuary, which includes land outside Castle Point’s boundaries. Some of the terrestrial habitat of the Benfleet and Southend Marshes SPA would be destroyed in the process, which results in direct loss of habitat and is therefore of concern for the Appropriate Assessment.

5.1.21 The Plan – and in particular Policy LP CC2 –also requires that any land take for the works to strengthen the sea wall will be on the landward side of the sea wall, as shown on the Policies Map. The areas allocated for new development must not contain any permanent built structures within the areas allocated for this purpose inside the sea wall, as is recognised by the Local Plan.

5.1.22 The Habitats Regulations Assessment for the Thames Estuary 2100 Plan recognises that the requirement to retain the seawall on Canvey Island will result in the loss of coastal habitat; consequently, it proposes to create new areas of intertidal habitat elsewhere. However, this provides compensation -rather than mitigation – so it cannot be taken into account at this stage of a Habitats Regulations Assessment.

5.1.23 The need to retain and enhance the sea wall on Canvey Island is embedded in the Local Plan through Policy LP CC2 in order to reflect and support the aspirations of the TE2100 Plan as well as to preserve the lives of the inhabitants of Canvey Island in the event of a coastal flood. The TE2100 plan recommendations for Canvey Island have been assessed for their Adverse Effect on Integrity and this has needed to go to the next HRA stage (i.e. Imperative Reasons of Overriding Public Interest). It triggered the need for compensation of loss of intertidal habitat through ‘coastal squeeze’. Some of the terrestrial habitat of the Benfleet and Southend Marshes SPA would be destroyed in the process, which results in direct loss of habitat and is therefore of concern for the Appropriate Assessment.

5.1.24 These issues surrounding the need to balance flood defence with the protection of Habitats Sites within the Thames Estuary have already been assessed and will be managed through the HRA process for the TE2100 Plan. Therefore, given the long-term nature and the need to consider the functional estuary as a whole, and as implementation of this project is likely to occur beyond the life of the Local Plan, is felt that there is no need to duplicate the process within this document. However, in order to support the TE2100 Plan and safeguard Habitats Sites, Policy LP CC2 should be strengthened to explicitly state that Habitats Sites should not be adversely affected.

5.1.25 LP NE5 Ecologically Sensitive and Designated Sites It is recommended that this policy and supporting text is amended to embed mitigation requirements. Applying the Integrity Test

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 57 Habitats Regulations Assessment

5.1.26 Assuming that the text within policies LP CC2 and LP NE5 are amended, these polices can now be removed from further assessment. There will be a legal requirement under the Conservation of Habitats and Species Regulations to compensate the habitat which is dealt with through the TE2100 Plan.

Embedding Mitigation into the Local Plan

5.1.27 Policy LP CC 2 Tidal Flood Risk Management Area Any land take to strengthen the sea wall must be on the landward side of the sea wall, which is shown on the New Proposals Map as the Coastal Change Management Area.

5.1.28 In order to ensure the protection of the Habitats Sites- and the legal compliance of this Local Plan - it has been recommended that Policy LP CC2 should be amended to specifically state that it must be ensured that any future works will not cause an adverse effect on integrity of the Benfleet and Southend Marshes Special Protection Area and Ramsar site. i.e. by requiring compensatory habitat creation. It is now a proposal of the Council that the Local Plan is modified to include this recommendation. In addition, we recommend that Thames Estuary and Marshes SPA and Ramsar site is also added as follows

Proposals for flood defence works within the safeguarded land must demonstrate that there will be no adverse effect on the integrity of Benfleet and Southend Marshes SPA and Ramsar Site and Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans and projects. A project level Habitats Regulations Assessment will be required for flood defence works or any other development proposal within the safeguarded land.

5.1.29 Furthermore, given the long-term and cross boundary nature of Hadleigh Marshes Tidal Flood Risk Management Area, which is essentially led by the Environment Agency, and being be dealt with through the TE2100 Plan, it is also recommended that this Policy is also incorporated into the South Essex Joint Plan.

5.1.30 Policy LP NE5 Ecologically Sensitive and Designated Sites It is proposed to amend the supporting paragraphs and text of LP NE5 as follows:

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally, planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 58 Habitats Regulations Assessment

Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on-

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 59 Habitats Regulations Assessment

site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

5.2 Loss of Functionally Linked Land / Impact upon Features on Land outside Habitats Sites

Habitats Sites within Scope and their Qualifying Features

5.2.1 There may be an impact on qualifying features (i.e. species) which travel outside the Habitats Sites and consequently the Local Plan could result in effects on qualifying interest species within the Habitats Sites, for example through the loss of feeding grounds for an identified species. Offsite habitat can be used by birds for feeding, roosting, foraging and loafing, especially large fields comprising arable and pastoral land uses and coastal habitats.

5.2.2 The low-lying land on Canvey Island, Hadleigh Marshes and South Benfleet provides the most likely habitat opportunities for the mobile qualifying features, particularly waders and wildfowl. Allocated sites which are already developed, or which do not contain wetland, grassland or arable land can be excluded from further consideration. North of this area the land rises steeply and there is no habitat opportunity due to the change of habitat type as well as the urbanised nature of the land. Thus, any higher areas of land and areas away from the coast can be ruled out from further assessment with regard to functionally-linked land.

5.2.3 Potentially relevant qualifying ‘features’ identified in Benfleet and Southend Marshes SPA are: Brent Goose (Non-breeding); Ringed plover (Non-breeding); Grey plover (Non-breeding); Red knot (Non- breeding); Dunlin (Non-breeding) and the Waterbird Assemblage.

5.2.4 Potentially relevant ‘features’ identified in Benfleet and Southend Marshes Ramsar site are: wintering waterfowl; Brent goose (spring/autumn); Ringed plover and Grey plover (winter). Dunlin (winter) has been identified for possible future consideration.

5.2.5 The citation for Holehaven Creek Site of Special Scientific Interest – which includes the connecting Vange Creek and East Haven Creek- states that the reason for the notification is that Holehaven Creek regularly supports nationally important numbers of wintering Black-tailed Godwit which also regularly occurs in numbers of international importance. These species use the large areas of saltmarsh and intertidal mudflats within Holehaven Creek to forage and roost with minimal levels of disturbance. Holehaven Creek is particularly valuable during the winter in periods of adverse weather, when it provides foraging and resting grounds in more sheltered conditions than many of the surrounding areas. Holehaven Creek is therefore considered to act as ‘functionally-linked land’ for the Thames Estuary and Marshes Special Protection Area and Ramsar site.

5.2.6 Dark-bellied Brent Geese spend the winter in estuaries and shallow coasts with mudflats; they also graze on fields near the coast and therefore are a key species to consider with respect to use of land outside of the SPA and Ramsar site.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 60 Habitats Regulations Assessment

5.2.7 The Natural England Conservation Advice for Marine Protected Areas Benfleet and Southend Marshes SPA8 advises the following:

“Brent Geese are located “within areas of saltmarsh such as Benfleet creek, Leigh Beck Point, Hadleigh Ray, the periphery of Two Tree Island, Canvey Point and Leigh marshland; Dark-bellied Brent Geese feed on intertidal plants such as Enteromorpha species, seagrass Zostera spp. and some littoral plants (English Nature, 2001). This species has been given a restore conservation objective.”

Brent Geese need to be able to move safely between roosting and feeding areas which is critical to adult fitness and survival. This applies within the site boundary and where birds regularly move to and from off- site habitat where this is relevant (Vickery and Gill, 1999).

5.2.8 Brent Geese use saltmarsh and intertidal areas for both feeding and roosting, and short grazing marshland for roosting. In the Thames Estuary and Marshes, these habitats are located in close proximity and so the safe passage of features between habitats is well-protected (Network, 2014) (Environment Agency and WFD, 2012) (Environment Agency, 2011). The presence of suitable low-lying grazing marsh along the outside of the site boundary also provides important supporting habitat for roosting (Joint Nature Conservation Council (JNCC), 2006). There is evidence from survey or monitoring that shows the feature to be in a good condition and/or currently un-impacted by anthropogenic activities.

“Dunlin prefers estuarine mudflats, coastal wetlands, lagoons, tidal rivers, flooded fields and sandy coasts and can be seen in large volumes around the cockle beds and mudflats at Canvey Point, Leigh Marsh and Two Tree Island”.

Saltmarsh and shell bank areas are important for Grey Plover, especially Zostera species found in seagrass beds, since they use these habitats for feeding and roosting. They prefer large extents of muddy, sandy and soft-sediment and are found on the saltmarsh, mudflats, cockle beds and grazing marsh at Benfleet Creek, Two Tree Island and around Canvey Point (BirdLife International, 2014)

Knot feed on molluscs and depend on large expanses of grazing marsh and saltmarsh found at Benfleet Creek and Hadleigh Ray, as well as mudflats at Canvey Point, and mudflats, saltmarsh and grazing marsh at Leigh Marsh and Two Tree Island to feed and roost (Liley, 2011). Knots may also depend on habitat outside of the SPA boundary such as grazing marsh at the foothills of Hadleigh Country Park within Benfleet and Southend Marshes SSSI, since they can change their roosting sites and can exhibit significant variation in site fidelity and ranging behaviour (Liley, 2011). This species has been given a maintain conservation objective.

Ringed Plover may use this SPA and Ramsar site both as a wintering ground and as a staging point on their migration from their breeding grounds in the High Arctic to their wintering grounds in west Africa (Robinson, 2005).There is evidence to suggest that some individuals show site fidelity to their wintering sites in the British estuaries (Robinson, 2005). Ringed plovers at this site

8 These details can be found at https://designatedsites.naturalengland.org.uk/Marine/MarineSiteDetail.aspx?SiteCode=UK9009171&SiteName=ma&countyC ode=&responsiblePerson=&SeaArea=&IFCAArea=. Click on the relevant Qualifying feature.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 61 Habitats Regulations Assessment

feed on invertebrates found on the sandflats, mudflats and saltmarshes of Southend Seafront, and to a lesser extent those at Benfleet Creek and Hadleigh Ray (Holt et al., 2015). This species has been given a restore conservation objective.

Ringed Plover, Grey Plover and Knot require a vegetation structure dominated by bare ground or a short sparsely-vegetated sward for their key roost sites. There is currently a sufficient area of short vegetation interspersed with bare ground within the designation available for ringed plover to roost (Natural England (NE), 2011). There is evidence from survey or monitoring that shows these features to be in a good condition and/or currently un-impacted by anthropogenic activities.

The non-breeding Waterbird assemblage, includes Dunlin, Ringed Plover, Canada Goose, Shelduck, Wigeon, Teal, Mallard, Cormorant, Oystercatcher, Avocet, Golden Plover, Lapwing, Black-tailed Godwit Limosa limosa, Bar-tailed Godwit, Curlew, Redshank, Turnstone, Black- headed Gull, Herring Gull and Great Black-backed Gull (English Nature, 2001). The assemblage rely heavily on saltmarsh found around Two Tree Island and Canvey Island and mudflats off Southend sea front for roosting and feeding and are found in large numbers around these areas (Fuller, 2015 Pers Comm).

5.2.9 It can be seen from the above descriptions that all of the coastal habitats within Castle Point Borough are used and those at Hadleigh Ray and Benfleet Creek, east of Canvey Island and Holehaven Creek are particularly important.

5.2.10 In addition to the above, other sources of information including RSPB High Tide counts for West Canvey Marshes (available on request); the Hadleigh Farm & Country Park Olympic Legacy Project Wintering Birds Survey Report (May 2012); aerial photography and local knowledge have helped to eliminate most policies and allocated sites with respect to their impact upon functionally-linked land.

5.2.11 Holohan Ruling and Consideration of Site of Special Scientific Interest (SSSIs)

Additional species listed within the relevant Sites of Special Scientific Interest have also been considered, in light of the Holohan ruling. It is necessary to consider species likely to be present in any of the Habitats sites, for which that site has not been listed – e.g. birds which are designated features of the underpinning SSSI - and the implications for habitat types and species to be found outside the boundaries of that site, provided that those implications are liable to affect the conservation objectives of the site. The relevant SSSIs and their features are listed below.

5.2.12 Benfleet and Southend Marshes SSSI

The Benfleet and Southend Marshes SSSI citation contains the following species:

Black-tailed godwit - Limosa limosa islandica; Common redshank - Tringa tetanus; Pied Oystercatcher - Haematopus longirostris; Beaked Tasselweed - Ruppia maritima; Brackish Water-Crowfoot - Ranunculus baudotii; Scarce Emerald Damselfly - Lestes dryas; Great Crested Newt - Triturus cristatus; White-letter Hairstreak - Strymonidia w-album; Marbled White - Melanargia galathea; picture winged fly - Myopites bloti; Great Green Bush-Cricket Tettigonia viridissima; Rose Plume-Moth Cnaemidophorus rhododactyla.

5.2.13 South Thames Estuary Marshes SSSI

The South Thames Estuary Marshes SSSI citation contains the following species:

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 62 Habitats Regulations Assessment

European White-fronted Goose - Anser albifrons spp albifrons; Shelduck - Tadorna tadorna; Gadwall - Anas strepera; Teal - Anas crecca; Pintail - Anas acuta; Shoveler - Anas clypeata; Curlew - Numenius arquata; Greenshank - Tringa nebularia; Garganey - Anas querquedula; Bearded Tit - Panurus biarmicus; Short-eared Owl - Asio flammeus; Ruff - Philomachus pugnax; Common Tern - Sterna hirundo; eelgrass species - Zostera angustifolia; eelgrass species - Zostera noltii; Sea Kale - Crambe maritima; Scarce Emerald Damselfly - Lestes dryas; hoverfly - Lejops vittata; Shorebug - Saldula opacula; the Dotted Fan- foot Moth - Macrochilo cribrumalis; aquatic weevils - four species of Bagous sp.; water beetle - three species of Berosus sp.; Great Silver Water Beetle - Hydrophilus piceus

5.2.14 Mucking Flats and Marshes SSSI

The Mucking Flats and Marshes SSSI citation contains the following species:

Golden Samphire - Inula crithmoides and a rare spider - Baryphyma duffeyi

Mucking Flats and Marshes SSSI is upstream of Castle Point Borough and it is not considered that there will be any additional impacts on the qualifying SSSI features form the Local Plan, which have not already been addressed within relevant SPAs and Ramsar sites.

5.2.15 Holehaven Creek SSSI

Holehaven Creek SSSI citation contains the following species:

Black-tailed godwit Limosa limosa islandica. Large waterfowl assemblage including curlew Numenius arquata and dunlin Calidris alpine. Saltmarsh with saltmarsh grass Puccinellia maritima sea aster Aster tripolium and seapurslane Atriplex portulacoides

Policies/Allocations

5.2.16 There are several policies carried forward to Appropriate Assessment because the HRA Screening stage could not rule out the potential for Likely Significant Effects through the loss of functionally-linked land without further investigation and consideration of mitigation. These are set out below and additional details are in Appendix 2. HRA Screening of Individual Policies and Table 7 above.

SP SD1 – Making Effective Use of Land SP HO1 – Housing strategy SP HO7– Gypsy & Traveller provision LP HO9 – Land west of Benfleet LP HO11 – Land off Glyders, Benfleet LP HO12 – Former WRVS Hall, Richmond Avenue, Benfleet LP HO23 – Land east of Canvey Road, Canvey Island LP HO24 – Land west of Canvey Road, Canvey Island LP HO25 – Land at Thorney Bay, Canvey Island LP HO26 – Land at The Point LP HO27 – Walsingham House LP HO28 – Land at the Admiral Jellicoe LP HO31- Land at Kings Park

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 63 Habitats Regulations Assessment

SP EC2 – New Employment Land LP EC 4 – Canvey Port Facilities LP HS3 – Opportunities for Outdoor Recreation LP HS6 – Community Facilities LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses SP TP1 – Transport Strategy LP TP2 – Improvements and Alterations to Highway Infrastructure SP GB1 – Green Belt Strategy LP GB2 – New Development in the Green Belt LP GB5 – Change of Use of Buildings and Land in the Green Belt LP CC2 – Tidal Flood Risk Management Area LP NE2 – Protection of historic natural landscapes LP NE5 - Ecologically Sensitive and Designated Sites

5.2.17 Many of the areas proposed on Canvey Island for housing and employment and the new road are unsuitable for use by the designated features. Most of the proposed development sites are generally situated within existing urban areas. Many are too small or too isolated; are the other side of the seawall from favoured habitat (the wall itself may provide a barrier); or they do not contain appropriate habitat (predominantly large fields comprising arable and pastoral land uses and coastal habitats); or have significant human disturbance and are therefore unlikely to realistically be functionally-linked land. This includes:

LP HO9 – Land west of Benfleet LP HO11 – Land off Glyders, Benfleet LP HO12 – Former WRVS Hall, Richmond Avenue, Benfleet LP HO25 – Land at Thorney Bay, Canvey Island LP HO26 – Land at The Point LP HO27 – Walsingham House LP HO28 – Land at the Admiral Jellicoe LP HO31- Land at Kings Park

5.2.18 SP SD1 – Making Effective Use of Land This is a general strategic policy, but will need safeguards in the policy text, given the potential proximity to the Habitats sites. As the potential impacts are not currently known, there is a potential for Likely Significant Effect.

5.2.19 Housing and Transport policies HO25 (Land at Thorney Bay, Canvey Island) on the southern edge of Canvey Island includes a proposal to extend to Roscommon Way (Phase 3) eastwards. LP HO25 currently contains an existing caravan park and short amenity grassland which is also not suitable as functionally linked land.

5.2.20 As well as the allocated housing sites positioned among the existing urban areas, development on Canvey Island is proposed to increase westwards, including LP HO23 and LP HO24. The RSPB high tide counts for West Canvey Marshes have recorded very few of the qualifying features and those present are in very low numbers. HO24 is located within the south eastern corner of West Canvey Marshes Local Wildlife Site (LoWS) (CPT4) and it contains remnant grazing marsh. The LoWS as a whole contains an extensive area of grazing-marsh, ditches, scattered scrub and inter-tidal habitats and consequently could be considered as functionally-linked land for the Habitats sites. However, this section (HO24) it is separated

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 64 Habitats Regulations Assessment

from the rest of the LoWS by Roscommon Way and is heavily grazed, without open ditches and likely to be unsuitable for use by the SPA or Ramsar features (birds) as functionally-linked land. Consequently, HO24 (Land West of Canvey Road) can be removed from consideration as potentially affecting functionally linked-land. No sites have been identified with respect to SP HO7– Gypsy & Traveller provision, so without explicit protection for Habitats Sites, this policy created uncertainty as it is not known whether there any sites could potentially be on functionally-linked land.

5.2.21 One of the key issues raised in the Essex Transport Strategy: the Local Transport Plan for Essex (2011)9 (LTP) and Castle Point Borough Infrastructure Delivery Plan (2020) 10 is to “investigate the viability of a new crossing “ to improve access for Canvey Island. There is no defined route for this or description of it in the LTP. However, one of the Strategic Highways Improvements proposed within the Local Plan (Table 14.1)– and supporting Infrastructure Delivery Plan- is the construction of a third access for Canvey Island, from Northwick Road, crossing Holehaven Creek SSSI, to the Manor Way A1014 on the mainland.

5.2.22 While the principle for this project is established by the Essex LTP, the Local Plan – and supporting Castle Point Infrastructure Delivery Plan (2020)- supports these proposals through supporting text for Policy SP TP2 Improvements and Alterations to Highway Infrastructure.

5.2.23 As coastal wetland birds of the Thames Estuary are known to move between Essex and Kent twice a day to follow the tide (Harvey pers. com.), it is possible that birds would move between Holehaven Creek SSSI, as potentially functionally-linked land, and the South Thames Estuary and Marshes SSSI component of Thames Estuary and Marshes SPA and Ramsar site. In addition, the saltmarsh and mudflats in this location support internationally important numbers of Black-tailed Godwits. Thus, a new bridge crossing at this point could adversely affect this functionally linked land.

5.2.24 LP CC2 Tidal Flood Risk Management Area

The areas of Tidal Flood Risk Management Area (Policy LP CC2) within the SPA boundary for Benfleet and Southend Marshes have already been discussed above in the Habitat damage, loss and fragmentation section above. However, there are also areas of low-lying arable land immediately to the east of the SPA boundary (and outside of it), to the east of Hadleigh Marshes and just inside of the seawall. This area also has the potential to support qualifying features such as Brent Geese and Lapwing (part of the water bird assemblage) and could therefore be considered to be functionally-linked land. Its future will be governed by the Thames Estuary 2100 Plan and appropriate compensation will need to be sought to ensure that there will be no adverse effect on Site integrity. 5.2.25 These issues have been discussed in depth in section 5.1 Habitat damage, loss and fragmentation / land take as a result of development above. Given that these proposals have already been assessed through the HRA process in the TE2100 Plan, it is felt that there is no need to duplicate this process in this document.

5.2.26 SP EC2 – New Employment Land This policy focusses on three areas of land:

9 The Essex Transport Strategy (LTP) can be found at: https://www.essexhighways.org/highway-schemes-and- developments/local-transport-plan.aspx 10 Castle Point Infrastructure Delivery Plan can be found at: https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n4402.pdf&ver=7385

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 65 Habitats Regulations Assessment

• Extension to Manor Trading Estate -3.7 hectares • Extension to Charfleets Industrial Estate -10.5 hectares • South of Northwick Road- 9.7 hectares

5.2.27 Manor Trading Estate is sufficiently inland to be confident that the land would not be functionally-linked. The Extension to Charfleets Industrial Estate has already obtained planning permission was allocated in the 1998 Adopted Local Plan. It has begun to be developed and there is no suitable habitat remaining. Some of the land South of Northwick Road is adjacent to Canvey Wick Site of Special Scientific Interest. The site already has been granted planning permission and was allocated in the 1998 Adopted Local Plan. It also lies adjacent to Roscommon way and Northwick Road, which both regular traffic usage. It contains rough grassland and brownfield land that would not support the qualifying features. It is also considered that the site would be unsuitable for use by the SPA or Ramsar features (birds) as functionally-linked land, due to the regular disturbance by nearby traffic.

5.2.28 There is also another area identified on the Proposals Map to the north-east of the roundabout on Canvey Road. This is currently part of a golf course and is approximately 430 metres south of Benfleet and Southend Marshes SPA and Ramsar site. It is adjacent to the junction and contains rough grassland and trees. It is therefore unlikely to be open enough but a project level HRA should be required to provide certainty.

5.2.29 LP EC 4 – Canvey Port Facilities The port itself is already developed but there is the potential for functionally-linked land to be affected if the port area were to expand outside the existing curtilage. This does not appear to be the case from the Proposals Map, so it is unlikely that there would be any adverse effects in this respect.

5.2.30 Green Belt Four Green Belt polices have also been screened in, i.e.: SP GB1 – Green Belt Strategy LP GB2 – New Development in the Green Belt LP GB5 – Change of Use of Buildings and Land in the Green Belt SP GB7- Positive uses in the Green Belt

5.2.31 Although these are generally positive policies to protect the multiple benefits of the Borough’s green belt there is some uncertainty for this Appropriate Assessment due to the potential multiple uses of the Green Belt, including recreation. In addition, any development on Green Belt land may damage or destroy functionally-linked land, which may be very obvious or more subtle, such as changing an area of suitable habitat to short amenity grassland. Increases in recreational use (thereby causing increased disturbance) is discussed in the Impacts chapter and section 5.6 Assessment of Impacts in Combination with other Plans and Projects below, but increased recreational use of Green Belt land could also result in Adverse Effects on land that is also functionally-linked to Habitats sites. This policy therefore needs to add safeguards to the text to provide certainty that there will be no impact on site integrity

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 66 Habitats Regulations Assessment

5.2.32 Some restricted development will be allowed within the Green Belt. This includes the potential for Cornelius Vermoyden School (on Canvey Island) which is adjacent to HO26 and it is considered too enclosed and disturbed by people to be suitable for any qualifying species.

5.2.33 LP HS6 – Community Facilities; LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses; LP NE2 – Protection of historic natural landscapes

LP HS6 provides for new community areas as well as improving existing facilities, including The Paddocks on Canvey Island. LP HS7 aims to retain and improve existing open spaces.

5.2.34 LP NE2 supports development which will have an impact on the Daws Heath, Hadleigh Castle and Marshes, and Canvey Marshes historic natural landscapes (as identified on the Policies Map). Hadleigh Castle and Marshes, and Canvey Marshes historic natural landscapes fall within and near to Benfleet and Southend Marshes SPA and Ramsar site. The land outside the site boundary may support the qualifying features. While it is anticipated that developments referred to in this policy would likely be sympathetic, the policy needs to add safeguards to the text to provide certainty that there will be no impact on site integrity.

5.2.35 LP NE5 Ecologically Sensitive and Designated Sites To provide certainty, the supporting paragraphs and policy text should be amended.

Use of Mitigation Measures

5.2.36 Functionally-linked land can be adequately protected within this Local Plan by embedding text within several Local Plan policies to ensure that adverse effect on the integrity of Habitat sites can avoided. These are set out below. In particular, it is proposed through a modification, prepared in collaboration with Natural England, that the supporting information will be updated for SP TP2 of the Local Plan 2018-2033.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 67 Habitats Regulations Assessment

Applying the Integrity Test 5.2.37 With the mitigation proposed, there should be no adverse effects on site integrity. The exception to the above is the proposed new access to Canvey Island, which may cross Holehaven Creek. There is currently insufficient detail about the project for this HRA to conclude, beyond scientific doubt, that there will be no adverse effects on site integrity of the Thames Estuary & Marshes SPA & Ramsar site. Additional text has been proposed to ensure that there will be no Adverse Effects on Integrity of any Habitats Sites, including functionally-linked land. This must be addressed at the plan-level once there is further information to do so.

5.2.38 Given the limited information available on the third crossing the ‘mitigation’ in the Local Plan will need to consist of a policy framework that explicitly prevents a proposal coming forward unless it is able to demonstrate that adverse effects on the integrity of European sites can be avoided.

5.2.39 This is in line with advice from the European Court of Justice regarding the ‘tiering’ of HRAs where there are multiple levels of plan-making, recognising that the purpose of a high level plan is to set out broad policies and intentions without going into any detail. When the UK was first required to undertake HRA of plans, Advocate-General Kokott commented on the apparent tension between the requirements of the Habitats Directive and the intentionally vague nature of high-level strategic plans. She responded that to address this apparent tension ‘It would …hardly be proper to require a greater level of detail in preceding plans [rather than lower tier plans or planning applications] or the abolition of multi-stage planning and approval procedures so that the assessment of implications can be concentrated on one point in the procedure. Rather, adverse effects on areas of conservation must be assessed at every relevant stage of the procedure to the extent possible on the basis of the precision of the plan [emphasis added]. This assessment is to be updated with increasing specificity in subsequent stages of the procedure’ [i.e. for planning applications or lower tier plans] (Opinion of Advocate-General Kokott, 2005).

5.2.40 Explicitly enshrining the requirement for project-level HRA in the plans – since it is not possible to rule out adverse effects on the integrity of many European sites due simply to the high level nature of the plan policies, ‘down-the-line’ assessment becomes essential.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 68 Habitats Regulations Assessment

5.2.41 A monitoring and Iterative Plan Review (IPR) provision therefore needs to be embedded in the Local Plan. Monitoring is not mitigation; however, where there is a lack of detail over the precise effects of a plan (because, as in this case, the purpose of the plan is to set over-arching policy, not present specific proposals), an Iterative Plan Review process enables the delivery of development to be managed and the plan (and its HRA) to be updated in future reviews. It involves recognising the fact that development associated with policies in the plan will not be delivered all at once but piecemeal over the entire plan timetable. This process will involve a phased and iterative approach to plan-implementation which is linked to ongoing project developments and their associated monitoring work and with the findings from such project-level work feeding back into the next phases of plan-implementation. This is done so that results from monitoring data from consented projects and on-going research programmes can be fed into subsequent developments in order for lessons to be learnt and evidence gaps filled, thus reducing potential impacts to Habitats sites.

Embedding Mitigation into the Local Plan

5.2.42 SP SD1 – Making Effective Use of Land To provide certainty, a project-level HRA should be required at application stage for any development on Canvey Island, South Benfleet or near to Hadleigh Marshes or Canvey Marshes. The recommend text set out in the HRA 2019 is now set out as a proposed modification to the Local Plan to address this requirement. In addition, the underline text should be added.

It can be demonstrated that there would be no adverse effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. This should be demonstrated through a project level HRA;

5.2.43 SP HO7– Gypsy & Traveller provision Based on the recommendation of the HRA 2019 it is now proposed to modify the policy’s text in the Local Plan to provide certainty that there will be no impact on site integrity. Subject to the proposed modification Policy SP HO7 embeds the requirement to ensure that any future Gypsy and Traveller related development “will not result in adverse impacts on water quality in the Thames Estuary, or have a significant adverse effect on protected nature conservation sites. It is recommended that Thames Estuary and Marshes SPA and Ramsar site is also included as follows.

It can be demonstrated that there would be no adverse effect on the integrity of the Benfleet and Southend Marshes SPA or Ramsar site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. In order to achieve this information to enable a project level Habitat Regulation Assessment should be provided for any such development;

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 69 Habitats Regulations Assessment

5.2.44 Policy SP TP2 Improvements and Alterations to Highway Infrastructure

The proposed third crossing to Canvey Island across Holehaven Creek SSSI will require a project-level HRA which is likely to need to address a range of issues. This HRA supports the inclusion of the following text being included within the supporting information (reasoned justification) for policy SP TP2. This is a proposed modification and has been produced in discussion with Natural England.

All proposals for improvements and alterations to carriageway infrastructure in Castle Point should seek to incorporate opportunities for active and sustainable modes of travel and should comply with the relevant policy requirements set out in this Plan which secure high environmental quality and compliance with relevant environmental legislation.

In addition, the following text is proposed as a modification to the Local Plan to ensure that this is embedded into this Policy:

“Any of the improvements or alterations to the highway network set out in Parts 1 or 2 of this policy which have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects must be accompanied by a project level Habitats Regulations Assessment and must demonstrate that no adverse effect on the integrity of these Habitats sites will arise.

Several of the transport scheme listed in tables 14.1 and 14.2 are through open land or are within proximity of sensitive and protected habitats and species. There will therefore be a requirement in some instances for these transport projects to be subject to ecological assessments and in some instances statutory assessments including Habitats Regulations Assessment. Where the details of a strategic project, such as a New Access to Canvey, indicate it would be likely to have significant effects in its own right on European/ Habitats sites (including on functionally linked land), then the Habitat Regulation Assessment should be triggered by the appropriate mechanism at the whole plan level to ensure the alone and in-combination effects (as appropriate) are assessed. For all other projects where an assessment is required, a project level Habitats Regulations Assessment will be appropriate, but will need to consider in-combination impacts.

Further assessment will be required once additional project information is available in order to undertake the HRA. This may involve gathering baseline data to enable an appropriate assessment to be made to demonstrate, beyond scientific doubt, that there will be no adverse effects.

5.2.45 Policy LP CC 2 Tidal Flood Risk Management Area It was proposed in the Habitat Loss section above that, in order to ensure the protection of the Habitats Sites- and the legal compliance of this Local Plan, Policy LP CC2 should be amended to explicitly state that it must be ensured that any future works will not cause an adverse effect on the integrity of the Benfleet and Southend Marshes Special Protection Area and Ramsar site. i.e. by requiring compensatory habitat creation. This is now a proposed modification for insertion into the Local Plan. In addition, the underlined text should be added.

Proposals for flood defence works within the safeguarded land must demonstrate that there will be no adverse effect on the integrity of Benfleet and Southend Marshes SPA and Ramsar Site

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 70 Habitats Regulations Assessment

and Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. A project level Habitats Regulations Assessment will be required for flood defence works or any other development proposal within the safeguarded land.

Furthermore, given the long-term and cross boundary nature of Hadleigh Marshes Tidal Flood Risk Management Area, which is essentially led by the Environment Agency, and being dealt with through the TE2100 Plan, it is also recommended that this Policy is also incorporated into the South Essex Joint Plan.

5.2.46 Policy LP EC4 Canvey Port Facilities The policy’s text should be updated to provide certainty that there will be no impact on site integrity. Following the recommendations of the HRA 2019, proposed modifications have been prepared which would incorporate the recommended text into LP EC4. However, the following underlined text, including the Thames Estuary and Marshes SPA and Ramsar site should also be added to the policy.

‘Neither the development itself, nor the future operation of the site will not result in adverse impacts effects on the Integrity of Benfleet and Southend marshes SPA and Ramsar site and Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. This must be demonstrated through a project level Habitats Regulation Assessment.

5.2.47 SP EC2 – New Employment Land Any development on the area of land identified on the Proposals Map to the north-east of the roundabout on Canvey Road, adjacent to the junction, should require a project-level HRA at application stage to demonstrate no adverse effect on integrity. It is recommended that the following text is embedded into this Policy.

‘Development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA and Ramsar site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. In order to achieve this, a project-level HRA should be provided for any relevant development.’

5.2.48 SP GB2 Green Belt Strategy SP and GB7- Positive uses in the Green Belt

There is a proposed modification in place in response to the HRA 2019 which sees Policy SP GB2 amended to explicitly state that it must be ensured that any future development within the Green Belt will not cause an adverse effect on the integrity of the Benfleet and Southend Marshes Special Protection Area and Ramsar site. It is recommended that Thames Estuary and Marshes SPA and Ramsar should be added as follows:

‘Development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar site and Thames Estuary and Marshes SPA and Ramsar, either alone or in combination with other plans or projects. In order to achieve this, a project-level HRA should be provided for any development within the Green Belt on Canvey Island, South Benfleet or near to Hadleigh Marshes.’

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 71 Habitats Regulations Assessment

In addition, part 2 of SP GB7 also needs safeguards for functionally- linked land, as follows:

‘Development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar site and Thames Estuary and Marshes SPA and Ramsar, either alone or in combination with other plans or projects. In order to achieve this, a project-level HRA should be provided for any development within or adjacent to the Green Belt on Canvey Island, South Benfleet or near to Hadleigh Marshes.’

5.2.49 LP HS6– Community Facilities; LP HS7– Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses; LP NE2– Protection of historic natural landscapes

To provide certainty, a project-level HRA should be required at application stage for any development on Canvey Island, South Benfleet or near to Hadleigh Marshes or Canvey Marshes. There are proposed modifications in place which ensures that these policies are amended as recommended in the HRA 2019. It is suggested that the underlined text, including the Thames Estuary and Marshes SPA and Ramsar, should be added as follows:

‘Development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar site and Thames Estuary and Marshes SPA and Ramsar, either alone or in combination with other plans or projects. In order to achieve this, a project-level HRA should be provided for any relevant development.’

5.2.50 L P NE5 Ecologically Sensitive and Designated Sites To provide certainty, the supporting paragraphs and policy text of LP NE5 should be amended as follows:

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally, planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 72 Habitats Regulations Assessment

linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on- site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 73 Habitats Regulations Assessment

5.3 Water Quality and Quantity

5.3.1 This section of the report considers the potential for adverse effects to Habitats Sites through changes in water availability and / or water quality as a result of development; changes in groundwater regimes due to increased impermeable areas; and inland flooding. Climate Change and Flood Risk supporting documents for Castle Point Borough can be found at: https://www.castlepoint.gov.uk/climate-change-and- flood-risk.

5.3.2 The response from Natural England to the Castle Point Local Plan 2016 has also been considered. In its letter of 30th June 2016, Natural England stated in relation to the associated Habitats Regulations Assessment:

“Natural England advises that you should seek advice from the relevant sewerage undertakers to ensure that increased discharge levels can be accommodated. If not, further assessment may be required. “

5.3.3 This is considered further in the section below.

5.3.4 Contaminants may have a range of biological effects on different species within the supporting habitat, depending on the nature of the contaminant (Joint Nature Conservation Committee (JNCC), 2004), (UK Technical Advisory Group on the Water Framework Directive (UKTAG), 2008), (Environment Agency, 2014). This in turn can adversely affect the availability of bird breeding, rearing, feeding and roosting habitats, and potentially bird survival. Issues can include increased eutrophication through increased visitors, changes to phosphate, nitrate, and ammonia levels, suspended sediment, micronutrients, substances in the water.

5.3.5 Changes in source, depth, duration, frequency, magnitude and timing of water supply or flow can have important implications for some waterbirds. Such changes may affect the quality and suitability of habitats used by birds for drinking, preening, feeding or roosting. Changes in the tidal regime can lead to successional change of shoreline habitat.

Policies / Allocations and Habitats Sites within Scope

5.3.6 At Screening Stage the following Habitats Sites were listed as having the potential for Likely Significant Effects as a result of water quality and quantity issues:

o Benfleet and Southend Marshes SPA and Ramsar site o Foulness SPA and Ramsar site o Dengie SPA and Ramsar site o Crouch and Roach SPA and Ramsar site o Essex Estuaries SAC o Thames Estuary and Marshes SPA and Ramsar site o Outer Thames Estuary SPA

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 74 Habitats Regulations Assessment

5.3.7 All of the above Habitats Sites support features which are dependent on water quantity and quality. Any changes in water quantity and quality therefore have the potential to significantly impact the Habitat sites alone or in combination.

5.3.8 An assessment of the key vulnerabilities contained within the Site Improvement Plans for the Habitats Sites within the scope of the HRA (Appendix 5) identified that water quality and quantity was not a significant factor affecting site integrity. However, any policies which have been highlighted as having a Likely Significant Effect to water quality and quantity are still to be considered within the Appropriate Assessment. This is because any significant changes to the hydrological regime may result in adverse effects to the highlighted Habitats Sites due to potential impacts from the development alone or in- combination.

5.3.9 Key vulnerabilities / factors affecting site integrity of the Outer Thames Estuary (marine) SPA listed for this site relate only to commercial fishing and so this has been removed for further consideration.

5.3.10 At the HRA Screening stage the relevant policies that have been screened in as having the potential for Likely Significant Effects as a result of water quality and quantity issues were set out in Table 6 and Appendix 2. In summary, this includes most of the policies screened in. These are:

SP SD1 – Making Effective Use of Land SP HO1 – Housing strategy SP HO7– Gypsy & Traveller provision LP HO9 to LP HO33 SP EC1 – Economic Land Supply SP EC2 – New Employment Land LP EC3 – Canvey Seafront entertainment area LP EC 4 – Canvey Port Facilities SP TC1 – Town Centre Strategy LP TC2 - Canvey Town Centre and Hadleigh Town Centre Regeneration LP TC4 – Out of Centre Parks LP TC5 – South Benfleet Leisure Quarter LP HS3 – Opportunities for Outdoor Recreation LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses LP HC6 – Community Facilities SP TP1 – Transport Strategy LP TP2 – Improvements and Alterations to Highway Infrastructure SP GB1 – Green Belt Strategy LP GB2 – New Development in the Green Belt LP GB4 - Limited Infill - Special Policy Areas LP GB5 – Change of Use of Buildings and Land in the Green Belt

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 75 Habitats Regulations Assessment

SP CC1– Responding to Climate Change LP CC2 – Tidal Flood Risk Management Area SP CC3 – Non-Tidal Flood Risk Management LP NE2 –Protection of historic natural landscapes LP NE5 - Ecologically Sensitive and Designated Sites LP NE7 – Pollution Control LP NE10 – Ensuring Capacity at Water Recycling Centres

5.3.11 All housing and employment allocations – and most other developments - have the potential to create an effect on Habitats sites in combination with each other. Policies LP CC3 (Non-Tidal Flood Risk Management), LP NE10 (Ensuring Capacity at Water Recycling Centres) and SP NE1 (Green Infrastructure and the undeveloped Coast) have been screened in but are crucial in helping to provide mitigation.

5.3.12 Policy LP NE10 (Ensuring Capacity at Water Recycling Centres) incorporates mitigation which aims to prevent pollution to Habitats Sites within the Thames estuary by ensuring that there is adequate capacity at water recycling centres and surface water is managed appropriately on site, in line with the South Essex Water Cycle Study.

5.3.13 The Local Plan recognises that there are many existing inland and coastal flooding issues in Castle Point Borough and any development has the potential increase problem without mitigation. These issues are set out below.

5.3.14 The recommended policy in the Thames Estuary 2100 Plan (TE2100) for Hadleigh Marshes is to continue “maintaining flood defences at their current level, accepting that the likelihood and /or consequences of a flood will increase because of climate change”. Hadleigh Marshes is susceptible to coastal flooding and fluvial flooding from the local watercourses. The flood defences on Hadleigh Marsh and Two Tree Island contain contaminated material and so there is a potential contamination issue if they are not maintained. Therefore, the continued maintenance of these defences is needed to prevent contamination of the Estuary.

5.3.15 The TE2100 Plan also considers that longer-term remediation of this land would open up management options and provide great environmental benefits to this area. Measures may be needed to manage fluvial flood risk from the marsh drainage system and watercourses that drain into the marshes. This could consist of improvements to channels and outfalls as the needs arise.

5.3.16 The South Essex Strategic Flood Risk Assessment Level 1 (SFRA) (April 2018) has assessed tidal, surface, rivers, groundwater, sewers and other sources. The study has found that tidal and fluvial flooding poses the most significant risk to Castle Point, in particular Canvey Island and Hadleigh Marshes. The topography and location of watercourses on Canvey Island means that the whole island is at risk from tidal and fluvial flooding.

5.3.17 Inland, the topography of the land generally slopes southwards towards the River Thames. The South Essex Catchment Flood Management Plan sets out the approach that should be taken to fluvial and surface water flood issues in South Essex. There is a tributary of the River Crouch which provides a low, but real, potential for it to affect the Crouch and Roach SPA and Ramsar site through the connecting water

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 76 Habitats Regulations Assessment

course. However, this is around 7 km to the north east, and so most problems would be dissipated. The potential for adverse effects upon Benfleet and Southend Marshes SPA and Ramsar site and the Thames Estuary and Marshes SPA and Ramsar site is a far greater risk for reasons set out below.

5.3.18 The South Essex Level 1 Strategic Flood Risk Assessment describes how Surface water flooding in Castle Point is particularly driven by local topography which predominantly slopes towards watercourse channels and their tributaries including the Benfleet Creek and Prittle Brook. Localised flooding can be attributed to topographic depressions, insufficient capacity within ordinary watercourses and culverts, as well as obstructions to surface water flow paths. Flooding from surface water can also be associated with the failure in the management of the drainage network during high rainfall events.

5.3.19 The Prittle Brook and Benfleet Hall Sewer pose the most significant fluvial risk with the southern part of South Benfleet and Hadleigh, as well as a small area along the course of the Prittle Brook. High ground and Embankments protect the area from flooding however the area is still at residual risk.

5.3.20 The Environment Agency mapping of the Risk of Flooding from Surface Water shows that there is high probability of surface water flooding on Canvey Island. There are a number of high-risk fluvial flow paths in the South Benfleet and Thundersley areas. The majority of high surface water flood risk extends along the courses of the Hadleigh Ray (part of SPA and Ramsar site) and along the course of ordinary watercourses in the Borough. Six Critical Drainage Areas have been identified in the Castle Point Borough Surface Water Management Plan (SWMP).

5.3.21 Surface water flood risk across the Borough is shown on the Essex County Council- Online Flood and Water Management Map.

5.3.22 The Benfleet Hall Sewer flows to the south west of the Borough on the mainland. Water is conveyed down the steep gradient until the water slows suddenly due to the change to a flat gradient. This area south of the playing fields and Benfleet Marsh is considered a washland and a designated flood storage area (FSA). The outflow of water is restricted by a tidal flap valve located at the confluence with Benfleet Creek. The Kersey Marsh Sewer and Hadleigh Marsh Sewer both rise in Hadleigh Marsh on the mainland and outfall to the Benfleet Creek.

5.3.23 The flat, low lying topography of Canvey Island creates issues associated with surface water management and the ability to drain water away during heavy rainfall events, causing localised issues of surface water flooding. Outflow pipes discharge a range of substances into the marine environment from industrial effluent, treated sewerage, storm overflow and drainage. The ordinary watercourses, drainage ditches and dykes that form the drainage system for Canvey Island, is partly pumped.

5.3.24 The Thames River Basin Management Plan (Environment Agency) shows that the lower Thames Estuary is of a moderate quality in terms of its ecological status and is failing to achieve a good chemical status. It seeks to raise both of these to ‘good’ by 2027 to meet the requirements of the Water Framework Directive. This is also reflected in the Designated Sites Supplementary Advice for Benfleet and Southend Marshes SPA.

5.3.2.19 The Local Plan proposes an increase in housing numbers, and this can have a knock on effect on the infrastructure to support them. This includes the sewage systems and increased surface water flooding. The Canvey Island Integrated Urban Drainage Study (IUD) has been undertaken setting out how surface water drainage should be managed and maintained on the island.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 77 Habitats Regulations Assessment

5.3.25 The potential ecological effects include combined sewer overflows during high rainfall events. These could, in turn, result in nutrient enrichment of water and potential lowering of dissolved oxygen as well as increased water velocities and levels for a distance downstream of the Water Recycling Centre outfall.

5.3.26 Increased discharges from wastewater treatment works due to development may adversely affect flood risk downstream. There are three Water Recycling Centres (formerly known as Wastewater Treatment - WwTW) covering the Borough- i.e. Canvey (Thorney Bay), Benfleet and Southend.

5.3.27 The three water recycling centres (WRC) treat and transmit sewerage and wastewater and are the responsibility of Anglian Water Services Ltd. These are combined works accommodating both foul and surface water. During times of normal water flow surface water drains into the sewage water treatment system. During times of high water/ flooding the surface water drains into the network of dykes and creeks via outfalls and gravity sluices and eventually into the estuary itself, i.e. directly and indirectly into the SPA and Ramsar sites. Asset management plans (AMP) are submitted every five years to Ofwat. The AMP sets out Anglian Water’s view of what is needed to maintain its assets, improve services to customers, and manage its impact on the environment. The current AMP covers the period 2015-2020. Any infrastructure requirements which arise after agreement of the five-year AMP will normally be considered within the following AMP period.

5.3.28 The three Water Recycling Centres all discharge into the Thames Estuary, or its tributaries. Canvey Island WRC discharges directly into the River Thames at a point approximately 2 km upstream of Benfleet & Southend Marshes SPA/Ramsar site; the discharge point is also directly opposite Kent’s section of the Thames Estuary & Marshes SPA & Ramsar site. Furthermore, Benfleet WRC discharges at a point approximately 3.5 km upstream of Management Unit 6 of Benfleet & Southend Marshes SSSI, SPA and Ramsar site.

5.3.29 After the flooding on Canvey Island in July 2014, it was recognised the surface water system was not fit for purpose. A multi-agency working group was set up to address the flooding issues. A Six Point Plan11 was produced for Canvey Island in November 2015, but it is understood that some but not the entire Plan has been implemented due to lack of funding and concern about the viability of the some of the options (e.g. Canvey Lake as an attenuation basin). The Castle Point Borough Infrastructure Delivery Plan 2020 has incorporated requirements for wastewater management, and developer contributions to Anglian Water will need to be secured at application stage.

5.3.30 The South Essex Water Cycle Study 12 indicated that there is capacity to accommodate growth at the Canvey WRC and the Benfleet WRC. Anglian Water has also indicated that there is sufficient capacity within the Southend WRC to accommodate growth in Southend and those parts of Castle Point and Rochford served by the works. However, it advised that the removal of surface water from these combined systems would assist with capacity and help to prevent storm discharges into the Thames and Crouch estuaries. Such discharges have the potential to cause harm to European sites in both estuaries. The South Essex Water Cycle Study identified that there were deficiencies in the system with respect to the

11 Canvey Island Point Six Point Plan (November 2015): https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n2683.pdf&ver=4174 12 The South Essex Outline Water Cycle Study Technical Report (September 2011) can be found at: https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n814.pdf&ver=962

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 78 Habitats Regulations Assessment

sewer infrastructure within Canvey and South Benfleet and its ability to support development. The Study identified that both areas are likely to need upgrading but would need remodelling first.

5.3.31 South Essex Outline Water Cycle Study Technical Report advised that “in all areas, consideration should be given to the risk of increased flood risk from the development. Foul and surface water should be separated wherever possible to reduce the flows to be treated at WwTW. Surface water should be attenuated and treated with SuDS…. The future maintenance needs for SuDS systems must be considered, as must the practicality of systems….”

5.3.32 The Natural England Designated Sites website Advice on Operations for Outfalls/ Intake pipes (maintenance/construction/usage) states that “Excessive nutrient and organic enrichment in the water column due to outfall discharge can result in reducing oxygen levels in surrounding habitats. The pressure is associated with sediment mobilisation and increased of suspended sediments as well as the deposition of organic matter. The pressure can result from a variety of activities including dredging, aquaculture, outflow, etc. The extent and nature of the changes will depend on the dynamic nature of the area, the temperature and the sediment type, making changes in many cases short lived and localised. (References available from: https://designatedsites.naturalengland.org.uk/Marine/FAPMatrix.aspx?SiteCode=UK9009171&SiteName =benfleet+and+southend+marshes&SiteNameDisplay=Benfleet+and+Southend+Marshes+SPA&county Code=&responsiblePerson=&SeaArea=&IFCAArea=)

5.3.33 This is considered a low risk, but “the risk of this pressure will increase depending on the spatial/ temporal scale and intensity of the activity, the proximity of the activity to the feature (in space and time) and the sensitivity of the feature to the pressure. Cumulative and in-combination effects of activities may increase the risk further).

5.3.34 The South Essex Water Cycle Study advised that:

“The most likely possible water quality effects that require consideration are:

• Increased total oxidized nitrogen and phosphorus, potential lowering of dissolved oxygen for a stretch and an increase in biological oxygen demand and nitrogen for a given distance; and • Potential increase in velocity and levels, notable at lower to normal flows for a distance downstream as a result of the additional wastewater volumes entering the river.

While nutrient levels within the various Habitats sites covered by this WCS (Benfleet &Southend Marshes SPA & Ramsar, Thames Estuary & Marshes SPA & Ramsar, Crouch & Roach Estuaries SPA & Ramsar, Foulness SPA & Ramsar and Essex Estuaries SAC) are high, a combination of tidal energy, high sediment loading and erosion means that the hyper-nutrification tends not to result in the smothering macroalgal growth that is having an adverse effect upon other European Marine Sites. As a result, it is considered that these Habitats sites are considerably less vulnerable to adverse effects as a result of an increase in nutrients due to increased volume of effluent discharged from various south Essex wastewater treatment works, including, Canvey Island WwTW.”

5.3.35 It advises that water quality improvements to the Thames Tideway as a whole will be implemented through various Thames Water/Environment Agency schemes and, as such, the overall water quality of the River Thames should actually improve due to the cumulative effect of these initiatives. It should also be noted

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 79 Habitats Regulations Assessment

that the trend within the various Habitats sites in the vicinity is a general improvement in water quality and reduction in WwTW (WRC) inputs.

5.3.36 With respect to sediment regimes, the South Essex Outline Water Cycle Study advised that increased volumes of effluent being discharged to the River Thames, Crouch/Roach, Benfleet or Foulness may have an effect on local sediment regimes principally through increased erosion, thereby potentially damaging coastal habitats. However, it considered that this effect was likely to be locally restricted to the immediate vicinity of the relevant outfalls.

5.3.37 Representations from Anglian Water in relation to the 2016 Local Plan and 2019 Pre-submission Local Plan also did not raise any issue with capacity of WRCs.

5.3.38 It also advised (in 2016) that there will be a “need for further consideration to water quality effects if a change in the consented discharge of the Canvey Island WwTW or Benfleet WwTWs (and others) is required. It may well be that a significant effect (either alone or in combination) would be unlikely given the small amount of new development likely to be delivered in each catchment and the relatively low sensitivity of the Habitats sites in question to nutrient enrichment, even if discharges were to require an increase in existing consents. This would however need to be established through a Detailed Water Cycle Study once the exact numbers and locations of the proposed housing have been determined.”

5.3.39 Ports and Shipping There is a risk of additional water pollution, both from increased shipping activity and also if there were to be a potential leak associated with the ship’s cargo.

5.3.40 Policy SP TP1 includes “Identifying development locations which…. have the potential to provide opportunities for transport using the River Thames…”;

5.3.41 There are many possibilities for creating adverse effects as a result of port construction operations. A full summary of these can be viewed through the Natural England Designated Sites website. The Advice on Operations for Benfleet and Southend Marshes SPA advises that dredging, dredging’s disposal, alternative use of sediment, causes mobilisation of sediment and increased siltation rates. The placement and burial of structures can cause localised and temporary changes in suspended sediments. This can lead to increases in siltation rates in the direct vicinity of the works. Dredging may cause local deposition of sediment in the area surrounding the dredge site. Best available evidence suggests that such effects would be constrained to an area about half the size of the dredge site itself. Disposal of dredged material can cause localised increases in siltation rates. References for the above can be found at: https://designatedsites.naturalengland.org.uk/Marine/FAPMatrix.aspx?SiteCode=UK9009171&SiteName =benfleet+and+southend+marshes&SiteNameDisplay=Benfleet+and+Southend+Marshes+SPA&county Code=&responsiblePerson=&SeaArea=&IFCAArea=

5.3.42 Any development proposals to the ports will need to be accompanied by a project- level HRA.

Use of Mitigation Measures

5.3.44 The South Essex Water Cycle Study indicates that new development in the South Essex area is likely to impact on water quality owing to Essex being the driest county in England. This will require mitigation

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 80 Habitats Regulations Assessment

within new development. The study found that it would be preferable to ensure that water efficiency is achieved in new developments, and that Sustainable Drainage Systems (SUDS) are secured as part of new development proposals in order to minimise impacts on water quality. SuDS are a recognised surface water drainage solution designed to manage surface water runoff and mitigate the adverse effects of urban storm water runoff by reducing flood risk and controlling pollution.

5.3.45 In order to reduce storm discharges, the South Essex Water Cycle Study recommends that surface water from new development sites, including brownfield sites that are being redeveloped, should not drain to the foul/combined network but should be managed on site. This approach to wastewater management is supported by Anglian Water.

5.3.46 The South Essex Surface Water Management Plan Phases II, III and IV (FINAL April 2012) proposes measures including use of planning policies. The Local Plan contains Policy LP CC3 (Non-Tidal Flood Risk Management) which is a specific policy seeking to deal with surface water flooding issues.

5.3.47 Policy LP NE7 (Pollution Control) seeks to reduce pollution caused by development proposals. It includes use of Green Infrastructure and Sustainable Drainage Systems. Part 2 of the policy includes ensuring that there should not be a “significant adverse effect upon the environment….by reason of pollution to land, air or water” as a result of development proposals.

5.3.48 Whilst each development site must offset its own increase in runoff, SuDS should also be employed on a strategic scale, for example with a number of sites contributing to large scale jointly funded and managed SuDS scheme.

5.3.49 There are various SuDS techniques, but they generally fall into two categories- i.e. infiltration and attenuation. Infiltration SuDS are not generally feasible for Canvey Island due to its proximity to the coast and its position below sea level.

5.3.50 Source control mechanisms such as green / brown roofs and rainwater harvesting, and grey water recycling should also be encouraged for new developments to restrict the volumes and rates of surface water runoff leaving a site.

5.3.51 Castle Point Borough Council has also commissioned a Draft Sequential and Exception Tests for Housing Site Options (November 2018). The Draft Sequential and Exception Tests for Housing Site Options November 2018) can be found at: https://www.castlepoint.gov.uk/download.cfm?doc=docm93jijm4n3838.pdf&ver=6477.

5.3.52 This considers flooding implications of the Local Plan’s proposed housing allocations upon housing and people. It proposes various types of mitigation (e.g. SuDS) and assesses that all proposed housing sites are acceptable in terms of surface and ground water flooding, providing that the mitigation measures are in place. Some of its proposed measures -such as SuDS- may also be appropriate mitigation for Habitats Sites. However, the Draft Sequential and Exception Tests for Housing Site Options does not include an assessment for habitats. The requirement to have this maintained is supported by Policy NE10- Ensuring Capacity at Water Recycling Centres.

5.3.53 The Castle Point Borough Infrastructure Delivery Plan 2020 has incorporated requirements for wastewater management. This should be required through relevant policies and support necessary projects aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. In addition, Asset

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 81 Habitats Regulations Assessment

Management Plans (AMPs) should be updated where necessary and used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan.

5.3.54 Housing Sustainable Drainage System schemes have already been embedded within housing policies. However, it is considered that further mitigation is required to ensure that water quantity will not cause a cumulative adverse impact on developments on Canvey Island. This is due to its proximity to the Habitats Sites and because there is a high probability of surface water flooding within Canvey Island and the knock-on negative effects of this. The location is also situated on low-lying clay soil, has topographic depressions and insufficient capacity within watercourses. It is therefore recommended that Castle Point Borough Council needs to ensure SuDS are in place prior to commencement – relevant elements of the Six-Point Plan are found - to avoid adverse effects on integrity of Habitats sites from water quantity and quality impacts from development. This should be embedded within the Local Plan.

5.3.55 The Anglian Water Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. This mitigation should be secured at application stage for new housing allocations on Canvey Island.

5.3.56 With respect to the construction period, seasonal working may be required. Strict procedures must be maintained during the construction/ replacement process to minimise effects as much as possible. A Construction Environmental Management Plan may also be required prior to commencement of developments which delivers specific mitigation regarding water to avoid adverse construction impacts to the Habitats Sites. No construction or demolition materials must be permitted to enter any watercourse (even when dry). GPP and Pollution Prevention Guidance (PPG) still in existence should be strictly adhered to at all times. See www.netregs.org.uk for up to date guidance.

5.3.57 Port development To be in accordance with the Local Plan, and for permission to be granted, detailed proposals, including applications for outline planning permission for a specific port development, must demonstrate that the port development would no adversely affect the integrity of Benfleet and Southend Marshes SPA or Ramsar site.

Applying the Integrity Test

5.3.58 Providing that the above mitigation measures above are added to the Local Plan, the LPA can conclude that there will be no adverse effects on the integrity of any Habitats Site caused by reduction in water quality and quantity.

Residual Effects

5.3.59 Water quality issues in relation to this HRA depend on the implementation of a variety of measures prior to further development, particularly in the Borough’s low-lying areas on Canvey Island and South Benfleet and Hadleigh Marshes. It also relies on a number of organisations and individual riparian landowners to implement their respective responsibilities with regard to maintenance of the drainage systems. Assuming

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 82 Habitats Regulations Assessment

that these are fully implemented, any residual effects would depend on the length and severity of an inland flooding incident.

Embedding Mitigation into the Local Plan

5.3.60 In order to provide a strategic approach, it must be ensured that the relevant proposals of the Castle Point Six-Point Plan, South Essex Strategic Flood Risk Assessment and Castle Point Borough Infrastructure Delivery Plan 2020 are implemented – or alternative solutions found - prior to any further development proposed by the Local Plan for Canvey Island or South Benfleet. Anglian Water Asset Management Pans need to fund wastewater management to deliver the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan. Improvements need to be secured at application stage in order to support necessary projects aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites.

5.3.61 Specific policies should be strengthened and be amended to specifically state that there will be no adverse effect on integrity of a Habitats Site. This includes the following policies:

5.3.62 Policy LP NE7 Pollution Control This policy has been amended to require all major development proposals require a CEMP. It now states the following:

All major development proposals must be accompanied by a Construction Environment Management Plan prepared in accordance with pollution prevention guidance. These plans must specify mitigation which prevents all construction and demolition materials entering watercourses (including when dry), and where necessary uses seasonal working to avoid any adverse effects on the integrity of Habitat sites, including those arising through disturbance.

Supporting text should also explain how the necessary mitigation will be delivered by including the following text:

The Castle Point Borough Infrastructure Delivery Plan 2020 has incorporated requirements for wastewater management. Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan.

Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan – and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. This mitigation should be secured at application stage for new housing allocations on Canvey Island.

5.3.63 Policy LP NE10 (Ensuring Capacity at Water Recycling Centres) The following text is proposed as a modification to the Local Plan. It is recommended that the following underlined wording is also added.

All new development should demonstrate that adequate foul water treatment and drainage already exists or can be provided in time to serve the development. This must include confirmation that there is adequate quantitative and qualitative capacity at the Water Recycling Centre which would serve the development. Where either the quantitative or qualitative capacity of the Water Recycling Centre would be exceeded, or would otherwise have an adverse effect on the water

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 83 Habitats Regulations Assessment

quality of the nearby Benfleet and Southend Marshes SPA and Ramsar sites and Thames Estuary and Marshes SPA and Ramsar site thereby affecting its integrity, either alone or in combination with other plans or projects, the proposal will be refused. ‘

5.3.64 Policy LP EC4 (Canvey Port Facilities) Policy LP EC10 embeds the requirement to ensure that any future port related development “will not result in adverse impacts on water quality in the Thames Estuary, or have a significant adverse effect on protected nature conservation sites. The following text is proposed as a modification to the Local Plan. It is recommended that the additional following underlined wording is also added.

Neither the development itself, nor the future operation of the site will result in adverse effects on the Integrity of Benfleet and Southend Marshes SPA and Ramsar site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. This must be demonstrated through a project level Habitats Regulation Assessment.

5.3.65 Housing policies The requirement for Sustainable Drainage System schemes has already been embedded within all housing policies. However, it is considered that further mitigation is required to ensure that water quantity will not cause a cumulative adverse impact on Canvey Island. Therefore, the LPA must ensure that the relevant components of the Castle Point Six-Point Plan, South Essex Strategic Flood Risk Assessment and Castle Point IDP are implemented – or alternative solutions found - prior to any further development proposed by the Local Plan for Canvey Island or South Benfleet.

Therefore, the following details should be embedded into Housing allocations on Canvey Island, i.e. polices HO23 to HO31:

Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. This mitigation should be secured at application stage for new housing allocations on Canvey Island

5.3.66 Policy SP TP1 Transport Strategy

Following recommendations, there is a modification proposed that incorporates the following text into SP TP1. In addition, the words underlined should be added.

Any proposals for transport schemes or the use of the River Thames for transport purposes which would have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar Site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects, must be accompanied by a project level Habitats Regulation Assessment, and demonstrate that no adverse effect on the integrity of these Habitat sites will arise.

5.3.67 LP EC3 – Canvey Seafront entertainment area

Following recommendations, there is a modification proposed that would incorporate appropriate text into LP EC3. The following text has been included:

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 84 Habitats Regulations Assessment

Any development will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar Site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. In order to achieve this, information to enable a project-level HRA should be provided for any relevant development.

5.3.68 LP NE5 - Ecologically Sensitive and Designated Sites It is recommended that the text supporting and within this policy is amended to embed mitigation requirements.

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally, planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 85 Habitats Regulations Assessment

sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on- site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

5.3.69 Construction Period Seasonal working may be required. Strict procedures must be maintained during the construction/ replacement process to minimise effects as much as possible.

5.3.70 The need for a Construction Environmental Management Plan has been added to NE7. This is required prior to commencement of developments which deliver specific mitigation regarding water to avoid adverse construction impacts to the Habitats Sites. No construction or demolition materials must be permitted to enter any watercourse (even when dry). GPP and Pollution Prevention Guidance (PPG) still in existence should be strictly adhered to at all times. See www.netregs.org.uk for up to date guidance.

Monitoring 5.3.71 This will be a requirement for Anglian Water, Essex County Council and Castle Point Borough Council.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 86 Habitats Regulations Assessment

5.4 Disturbance

5.4.1 This section includes an increase of any type of disturbance, for example from recreational use of an area resulting from new housing development; improved access due to transport infrastructure projects or increased noise arising from construction work.

Policies / Allocations and Habitats Sites within Scope

5.4.2 At the Screening stage the following Habitats Sites were listed as having the potential for likely significant effects as a result of disturbance, from the Plan alone.

o Benfleet and Southend Marshes SPA and Ramsar site o Blackwater Estuary SPA and Ramsar site o Foulness SPA and Ramsar site o Dengie SPA and Ramsar site o Crouch and Roach SPA and Ramsar site o Essex Estuaries SAC o Thames Estuary and Marshes SPA and Ramsar site o Outer Thames Estuary SPA

5.4.3 While much disturbance will be localised, the extent of disturbance above reflects the Zones of Influence (ZOI) that have been developed through the Essex Coast RAMS in relation to recreational disturbance. However, this is only triggered in combination with other plans and projects (Natural England advice to LPAs Nov 2017 & Aug 2018).

5.4.4 Recreational disturbance is fully addressed within the in-combination section. For other forms of disturbance Benfleet and Southend Marshes SPA and Ramsar site are the only Habitat sites to be considered due to the localised nature of disturbance, except for invasive species.

5.4.5 Polices included at Screening Stage for any time of disturbance are as follows:

SP SD1 – Making Effective Use of Land SP HO1 – Housing strategy SP HO6 – Caravan and Park Homes SP HO7 – Gypsy & Traveller provision LP HO9 – Land west of Benfleet LP HO10 – Land between Felstead Road and Catherine Road LP HO11 – Land off Glyders, Benfleet LP HO12 – Former WRVS Hall, Richmond Avenue, Benfleet LP HO13 – Land east of Rayleigh Road, Hadleigh SP HO14 – Land at Brook Farm LP HO15 – Land south of Scrub Lane, Hadleigh LP HO16 – Land at Oak Tree Farm, Hadleigh LP HO17 – Hadleigh Island, Hadleigh LP HO18 – Land east of Downer Road, Thundersley LP HO33 – Land north of Grasmere Road and Barrowdale Road, Thundersley

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 87 Habitats Regulations Assessment

LP HO19 – Land at Glebelands, Thundersley LP HO20 – The Chase, Thundersley LP HO21 – Land fronting Rayleigh Road, Thundersley LP HO22 – Land at Thames Loose Leaf, Kiln Road, Thundersley LP HO23 – Land east of Canvey Road, Canvey Island LP HO24 – Land west of Canvey Road, Canvey Island LP HO25 – Land at Thorney Bay, Canvey Island LP HO26 – Land at The Point LP HO27 – Walsingham House LP HO28 – Land at the Admiral Jellicoe LP HO29 – Land south of Haron Close LP HO30 – Haystack car park LP HO31 – Land at Kings Park LP HO32 – Land at 244-258 London Road, Hadleigh SP EC2 – New Employment Land LP EC4 – Canvey Port Facilities LP TC2 – Canvey Town Centre and Hadleigh Town Centre Regeneration LP HS3 – Opportunities for Outdoor Recreation LP HS7 –Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses LP HC6 – Community Facilities SP TP1 – Transport Strategy LP TP2 – Improvements and Alterations to Highway Infrastructure LP TP3 – Improvements to Footpaths, Bridleways and Cycling Infrastructure SP GB1 – Green Belt Strategy LP GB2 – New Development in the Green Belt LP GB4 – Limited Infill - Special Policy Areas LP GB5 – Change of Use of Buildings and Land in the Green Belt SP CC1– Responding to Climate Change LP CC2 – Tidal Flood Risk Management Area SP CC3 – Non-Tidal Flood Risk Management SP NE1 – Green Infrastructure and the undeveloped Coast LP NE2 – Protection of historic natural landscapes LP NE5 –Ecologically Sensitive and Designated Sites

5.4.6 Recreational Disturbance

5.4.7 Wetland birds are particularly vulnerable to disturbance, including recreational disturbance. The Designated Sites website advises that:

There is public access to virtually all the sea walls around (Benfleet and Southend Marshes) (English Nature (EN), 2001) and in several areas there is a lack of a sufficient buffer of mud or sand flats between the feeding/roosting birds and the shoreline (English Nature (EN), 2001), leading to high rates of disturbance. In addition to this, there is also significant watercraft activity in and adjacent to the SPA (Fuller, 2015 Pers Comm).

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 88 Habitats Regulations Assessment

5.4.8 Non–breeding wetland birds are particularly vulnerable to disturbance, including recreational disturbance and trampling of sensitive vegetation e.g. saltmarsh, and nutrient enrichment and erosion of habitats is a likely result of increased visitors to the coastal Habitats sites. For breeding SPA birds, different issues result from recreational disturbance. Key breeding roosts are known on particular estuaries/shorelines and in specific locations where habitat and conditions enable territories to become established. Recreational pressure adds to the stresses of defending a territory, laying eggs and rearing chicks which means that SPA birds are often more vulnerable, and levels of public access to breeding areas can rise in the summer months too. During the breeding season, recreational disturbance can affect breeding success as it can result in nest desertion, potential trampling of eggs and an increase in predation rates etc. (Liley & Sutherland 2007).

5.4.9 Recreational disturbance can result in trampling of sensitive vegetation, such as saltmarsh, and can cause nutrient enrichment and erosion of habitats contained with Ramsar site. The potential in combination effect of increased housing is discussed below in 5.6 Assessment of Impacts in Combination with other Plans and Projects.

Recreational disturbance from the Plan alone

5.4.10 Given the location of Castle Point Borough in relation to the coastal Habitats sites, without mitigation, the quantity of residential development allocated in the Local Plan is likely to result in significant number of new residents visiting them for their daily recreational needs. Access to high quality natural greenspace with from the Plan alone is therefore necessary to avoid adverse effect on site integrity of the Habitats sites within scope of this Appropriate Assessment. Some site allocations e.g. HO11 – Land off Glyders –are in close proximity and therefore, without mitigation, likely to impact upon the nature conservation interests of Benfleet and Southend Marshes SPA and Ramsar site.

5.4.11 As per Natural England’s advice letter reference 244199 (dated 16th August 2018), the Local Plan needs to consider the availability of on-site (i.e. within development boundaries) avoidance measures (such as the recommended Green Infrastructure within Annexe I of Natural England’s referenced strategic letter).

Use of Mitigation Measures

5.4.12 Annex I Natural England’s recommendations for larger scale residential developments within the Essex Coast RAMS zone of influence states that applications for 100 units + or equivalent, as a guide, should include provision of well-designed open space/green infrastructure, proportionate to its scale. Such provisions can help minimise any predicted increase in recreational pressure to the Habitats sites by containing the majority of recreation within and around the development site boundary away from Habitats sites. Suitable Accessible Natural Green Space (SANGS) guidance here can be helpful in designing this. As a minimum, Natural England advise that such provisions should include:

• High-quality, informal, semi-natural areas • Circular dog walking routes of 2.7 km5 within the site and/or with links to surrounding public rights of way (PRoW) • Dedicated ‘dogs-off-lead’ areas • Signage/information leaflets to householders to promote these areas for recreation • Dog waste bins • A commitment to the long term maintenance and management of these provisions

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 89 Habitats Regulations Assessment

Natural England would be happy to advise developers and/or their consultants on the detail of this at the pre-application stage through our charged Discretionary Advice Service (DAS).

5.4.13 There is a potential for population growth arising in the Borough to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on-site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a unique draw to visitors as it provides an environment which cannot be replicated elsewhere. It is therefore important that high quality greenspace is provided within walking distance of residential site allocations.

5.4.14 Most of the residential site allocations do not have high-density and can provide green infrastructure within them, such as circular routes. However, mapping of residential site allocations has been prepared to show that open space is available within 1.3km walking distance for daily recreational needs with no restrictions on dogs. Figure 2 shows that all the residential site allocations areas of greenspace which can be enhanced to meet daily recreational needs. This provision of Green Infrastructure is embedded into the Local Plan to support the project level HRAs at application stage to meet the recommended provision of avoidance measures within the individual developments. Enhancements in addition to those recommended by Natural England include a dog agility trail and trim trail. Funding for natural greenspace has been identified in the Castle Point Infrastructure Delivery Plan with s.106 contributions required for all residential developments allocated in the Local Plan. This green infrastructure provision aims to avoid adverse effect on site integrity from recreational disturbance/pressure impacts when the Local Plan is considered alone. Figure 2: Castle Point Local Plan site allocations and open spaces

© Crown copyright licence No. 1000196002 Essex County Council.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 90 Habitats Regulations Assessment

Embedding Mitigation into the Local Plan

5.4.15 Policies for residential site allocations for over 50 dwellings listed above – secure access to sufficient greenspace at application stage in line with Annex I of Natural England advice referenced above by adding to supporting text & requiring project level HRA.

Applying the integrity test

5.4.16 With the mitigation proposed, the Plan should not result in any adverse effects on site integrity from the Plan alone.

5.4.17 Green Belt polices SP NE1 Green Infrastructure and the undeveloped Coast; LP HS6 – Community Facilities; LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses; LP NE2 –Protection of historic natural landscapes The above policies support recreation- and, if located near to the coast- particularly the Benfleet and Southend Marshes SPA and Ramsar site and Thames Estuary and Marshes SPA and Ramsar site (or any associated functionally –linked land), there is uncertainty as to whether activities may cause an increase in recreational disturbance. There has been some uncertainty for this Appropriate Assessment with respect to the Green Belt due to its potential multiple uses, including recreation. Increases in recreational use may cause increased disturbance. LP NE2 still lacks the text to provide certainty that there will be no impact on site integrity.

Embedding Mitigation into the Local Plan

5.4.18 SP GB2 Green Belt Strategy It is recommended that Policy SP GB2 should be amended to explicitly state that it must be ensured that any future development within the Green Belt will not cause an adverse effect on the integrity of the Benfleet and Southend Marshes Special Protection Area and Ramsar site or Thames Estuary and Marshes Special Protection Area and Ramsar site. There is a modification proposed based on the recommended text which would be embedded into these policies in the Pre-Submission Plan. However, Thames Estuary and Marshes Special Protection Area and Ramsar sites should be added to the policies.

5.4.19 LP HS6 – Community Facilities; LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses; SP NE1 Green Infrastructure and the undeveloped Coast

To provide certainty, a project-level HRA should be required at application stage for any development within the IRZ for Thames Estuary and Marshes SSSI e.g. on Canvey Island, South Benfleet or near to Hadleigh Marshes or Canvey Marshes. There is a modification proposed based on the recommended text which would be embedded into these policies in the Pre-Submission Plan. However, Thames Estuary and Marshes Special Protection Area and Ramsar sites should be added to the policies.

5.4.20 Housing and the Essex Coast RAMS The majority of the HRAs produced by Essex Local Planning Authorities (LPAs) as part of the production of their respective Local or Strategic Plans identified that the level of planned housing growth may lead to disturbance of designated non-breeding & breeding birds and sensitive habitats in coastal designated

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 91 Habitats Regulations Assessment

Habitats sites within and beyond each individual LPA boundary. This issue is therefore considered below in the ‘in combination’ chapter as it is being dealt with in combination with other Essex authorities. The Essex Coast RAMS has now been adopted by all of the 12 LPA partners and being implemented to support sustainable residential development.

5.4.21 LP NE5 Ecologically Sensitive and Designated Sites

It is proposed to amend the supporting paragraphs and text of LP NE5 as follows:

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally, planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 92 Habitats Regulations Assessment

sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on- site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

Other Forms of Disturbance

5.4.22 At screening stage a number of housing allocations were considered likely to cause disturbance from construction or operational phases to Benfleet and Southend Marshes SPA and Ramsar Site and to Thames Estuary and Marshes SPA and Ramsar site due to the close proximity of these Habitats sites and their functionally-linked land within the Borough. In addition, policies were screened where they could involve other forms of development requiring construction relatively close to the above Habitats Sites, predominantly on Canvey Island- e.g. employment land, transport policies, sea wall enforcement and where there was lack of certainty.

5.4.23 Wetland birds are vulnerable to disturbance. Birds can become habituated to some kinds of disturbance, usually where the source of disturbance occurs in a predictable way13. Development in close proximity to Habitat Sites would be most likely to cause a disturbance and therefore Benfleet and Southend Marshes SPA and Ramsar site and Thames Estuary and Marshes SPA and Ramsar site are the most likely Habitats

13 Possible Impacts of Disturbance to Waterbirds: Individuals, Carrying Capacity and Populations (Maarten Platteeuw, and Rene J H G Henkensj)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 93 Habitats Regulations Assessment

Sites to be affected. However, the likelihood of disturbance will also vary according to the location, degree of openness and the species concerned. A new development of a similar nature situated within an existing built-up area is therefore unlikely to cause a significant amount of disturbance. Consequently, many development-related policies can be removed at this point.

5.4.24 The coastal wetland birds of the Thames Estuary are known to move between Essex and Kent twice a day to follow the tide (Harvey pers. com.). They tend to roost on the Kent marshes but move across to Essex to feed at low tide. Most forms of (non-recreational) disturbance are being addressed in the Local Plan through Policy LP NE7 (Pollution Control). This Policy requires all development proposals to be designed to manage and reduce pollution impacts. They also must be located and designed in manner which does not result in an adverse effect upon ‘the environment’ including disturbance, which must be mitigated where necessary.

5.4.25 Transport and Ports SP TP1 Transport Strategy and LP TP2 – Improvements and Alterations to Highway Infrastructure; Policy LP EC4 Canvey Port Facilities

5.4.26 Policy SP TP1 includes general improvements to the highway network as well as the potential to provide opportunities for transport using the River Thames. Extending the transport network to the River may help alleviate the highway network, but it may cause disturbance if in close proximity to Benfleet and Southend Marshes SPA and Ramsar site.

5.4.27 As already referred to in section 5.2.21 above (functionally-linked land), one of the Strategic Highways Improvements set out within the Essex Local Transport Plan (LTP) and Castle Point Borough Infrastructure Delivery Plan is the construction of a third access for Canvey Island. The Castle Point Infrastructure Delivery Plan and Local Plan (Table 14.1) defines it as “Construction of a third access for Canvey Island, from Northwick Road, crossing Holehaven Creek, to the Manorway A1014 on the mainland. The Local Plan thus supports these proposals through the supporting text for Policy SP TP2 Improvements and Alterations to Highway Infrastructure.

5.4.28 This location is raised as an area of concern because coastal wetland birds of the Thames the Estuary are known to move between Essex and Kent twice a day to follow the tide. It is therefore possible that birds would move between Holehaven Creek SSSI (which is functionally-linked land) and South Thames Estuary and Marshes SSSI component of Thames Estuary and Marshes SPA and Ramsar site. In addition, the saltmarsh and mudflats in this location support internationally important numbers of Black-tailed Godwits. This project to cross Holehaven Creek SSSI would very likely cause disturbance to coastal birds, particularly during the construction period. In the long-term they may become habituated to traffic.

5.4.29 Another of the Strategic Highways Improvements is to improve the existing roads to and from Canvey Island. However, these improvements are a minimum of 500 m from Benfleet and Southend Marshes SPA and Ramsar site, although may be within functionally linked land. This project is also driven by the Essex LTP and will also require a project-level HRA.

5.4.30 There are currently two port facilities in the Borough, both located on south Canvey, and they are supported by the Local Plan through Policy LP EC4 (Canvey Port Facilities). Policy EC4 was screened in due to the proximity of the port area to the River Thames and potential need to mitigate disturbance. The HRA for the 2016 Castle Point Local Plan stated:

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 94 Habitats Regulations Assessment

“The policy promotes the retention and certain types of future development around the hazardous installations at south Canvey subject to certain criteria. These installations are port reception facilities, and increased shipping to service changes at these facilities may have an impact on Habitats Sites along the shipping route to this site. In particular, there is a risk that additional ships will increase physical disturbance due to the wash they generate. There is also a risk of additional water pollution, both from increased shipping activity and also if there were to be a potential leak associated with the ship’s cargo. Finally, ships involved in the movement of oil and gas typically operate across the globe, and as a consequence this is a risk that increased shipping activity will increase the risk of biological disturbance in the marine elements of these Habitats Sites through the transportation of ‘alien’ species on the hulls of ships.”

5.4.31 Existing ports have the potential to cause adverse effects through various means, such as disturbance, various forms of pollution (affecting water quality) and by the introduction of non-native invasive species. Ships involved in the movement of oil and gas typically operate across the globe, and as a consequence there is a risk that increased shipping activity will increase the risk of invasive species being transported, via the hull fouling or within ballast water, into the marine elements of these Habitats Sites. The Site Improvement Plan for the Greater Thames Complex lists three separate issues and actions for invasive Species. These relate to:

• Sea squirt and pacific oyster • Pennywort, Crassula, parrots feather • Spartina anglica

5.4.32 Sea squirt and pacific oyster “Non-native invasive species such as sea squirt and pacific oyster are spreading along the Kent coast and could begin to impact on the Swale. Sea squirt has been found in the Medway, and Pacific oysters are regarded as increasing in the Essex-Southend area. These species threaten habitats due to their ability to smother substrate and other sessile organisms. There is no good understanding of the overall distribution of these species in this site. Assessment is needed in key areas of ports and marinas, where introductions tend to first occur”.

5.4.33 Features potentially affected are:

Non-breeding: Dark-bellied Brent Goose, Common shelduck, Pintail, Shoveler, Hen Harrier, Ringed Plover, Golden Plover, Grey Plover, Red knot, Dunlin, Black-tailed Godwit, Bar-tailed Godwit, Common redshank, Avocet

Breeding: Marsh Harrier, Avocet, Mediterranean Gull, Little Tern, Breeding bird assemblage, Waterbird assemblage

5.4.34 The measure in the SIP is to “Establish the baseline of Carpet sea squirt and Pacific Oyster distribution.” This issue appears need more research as the action proposed in the SIP is to “Create a baseline of the distribution of Carpet sea squirt and Pacific Oyster both within and near to the SPAs. Other marine invasives may also require investigation.” Delivery bodies involved are the Environment Agency and Natural England.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 95 Habitats Regulations Assessment

“Freshwater non-native invasive species such as pennywort, Crassula, parrots feather etc. can engulf ditches, leading to loss of habitat for diving ducks. Although there are some mechanisms in place to ensure ditch management, more baseline information is needed, particularly on those species for which ditch management is not the solution.”

5.4.35 Features potentially affected are: Breeding bird assemblage, Waterbird assemblage

5.4.36 The measure in the SIP is to “Investigate the impact of freshwater invasives on SPA birds.” The action proposed in the SIP is to “Determine exactly which species are affected and assess the significance of the habitats at threat to the population.” Delivery bodies are Natural England, Environment Agency, Medway and Swale Estuary Partnership, Thames Estuary Partnership.

5.4.37 Spartina anglica Spartina anglica may be increasing at the expense of other saltmarsh habitats with adverse implications for SPA bird roost areas in Benfleet & Southend Marshes SPA.

5.4.38 Features affected are: Dark-bellied Brent Goose, Common shelduck, Pintail, Shoveler, Hen Harrier, Ringed Plover, Golden Plover, Grey Plover, Red Knot, Dunlin, Black-tailed Godwit, Bar-tailed Godwit, Common redshank (all non-breeding).

5.4.39 The measure in the SIP is to “Investigate the impact of Spartina anglica on native saltmarsh and birds”. The action proposed is to use the evidence project IPENS041 'Spartina anglica and its management in estuarine Natura 2000 sites' to inform any management of Spartina that may be needed within the site. Delivery bodies involved are the Environment Agency and Natural England.

5.4.40 Common cord-grass Spartina anglica is a perennial grass found on mud deposits in the lower intertidal zone and in lower-middle saltmarsh zones across the UK coastline and estuaries. It is a hybrid plant where one of the parent species is non-native but is now considered to be an endemic native in the UK.

5.4.41 However, although these issues have been raised in the SIP, Natural England’s Supplementary Advice for Benfleet and Southend Marshes SPA and Thames Estuary and Marshes SPA (the nearest Habitat Sites) have not indicated that invasive species is a particular issue regarding construction or operation of port activities. The fact that imports are not within or immediately adjacent to any of the SPA is may have a bearing on this. The International Maritime Organization (IMO) is currently evaluating the issue of hull fouling and ballast water as a vector for the transfer of aquatic species. Therefore, no significant evidence is currently available regarding the extent of the impacts.

Use of Mitigation Measures

5.4.42 Construction Generic mitigation can often be used where construction for any type of development may cause potential impacts. Measures proposed include Construction Environment (Ecological) Management Plans (CEMPs) which can address seasonal working, damping down of dust, screening and measures to alleviate noise pollution. CEMPs can be a condition of any planning permission. This should help to address noise, light and other (non-recreational) forms of disturbance. This is already required in Policy LP NE7 Pollution Control. In addition, Policy LP NE7 should ensure that any construction will deliver good practices to avoid disturbance issues.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 96 Habitats Regulations Assessment

5.4.43 Transport and ports The principle of a third crossing to Canvey Island is set out within the Essex Local Transport Plan (2011) and Castle Point Borough Infrastructure Delivery Plan and are supported by the Local Plan. Therefore, policies SP TP1 and SP TP2 should embed adequate protection for Habitats Sites. Similarly, policies encouraging the use of the ports and use of the River Thames for transportation should ensure that explicitly ensure that there is no Adverse Effect on the Integrity of any Habitats Sites. Any increase in other related development should be dealt with on a case-by-case basis which will need to be supported by a project level HRA demonstrating that there will be no Adverse Effect on the Integrity of any Habitats Sites.

5.4.44 Invasive species There are adequate systems already in place to ensure that all existing shipping activities adhere to legislation, codes of conduct and best practice measures to avoid the potential transmission of invasive species from hull fouling or within ballast water.

Applying the integrity test

5.4.45 With the proposed mitigation, adverse effects on site integrity will be avoided. Mitigation is already embedded into Policy LP NE7 (Pollution Control). Disturbance caused by construction processes will be avoided via submission of precautionary mitigation strategies for noise, dust and light. This should be secured as a condition of any consent within a Construction Environmental Management Plan and lighting design schemes. Development schemes close to a Habitats Site may require additional mitigation, but these schemes are likely to undergo a project level HRA which would address such issues.

5.4.46 With the proposed mitigation embedded to Policy LP EC4 (Canvey Port Facilities), SP TP1 Transport Strategy and SP TP2 Improvements and Alterations to Highway Infrastructure, adverse effects on site integrity for Benfleet and Southend Marshes SPA and Ramsar site and Thames Estuary and Marshes SPA and Ramsar site will be avoided in relation to new road schemes and road improvements; encouraging transportation on the River Thames; invasive species being introduced through the Local Plan policies supporting the ports on Canvey Island.

The exception to the above is the proposed new access to Canvey Island, which may cross Holehaven Creek. There is currently insufficient detail about the project for this HRA to conclude, beyond scientific doubt, that there will be no adverse effects on site integrity of the Thames Estuary & Marshes SPA & Ramsar site. Additional text has been proposed to ensure that there will be no Adverse Effects on Integrity of any Habitats Sites, including functionally-linked land. This must be addressed at the plan-level once there is further information to do so.

Given the limited information available on the third crossing the ‘mitigation’ in the Local Plan will need to consist of a policy framework that explicitly prevents a proposal coming forward unless it is able to demonstrate that adverse effects on the integrity of European sites can be avoided.

This is discussed in more detail in the functionally linked land chapter above.

Embedding mitigation into the Local Plan

5.4.47 Policy LP NE7 (Pollution Control)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 97 Habitats Regulations Assessment

This policy has been amended to require all major development proposals require a CEMP. It now states the following:

All major development proposals must be accompanied by a Construction Environment Management Plan prepared in accordance with pollution prevention guidance. These plans must specify mitigation which prevents all construction and demolition materials entering watercourses (including when dry), and where necessary uses seasonal working to avoid any adverse effects on the integrity of Habitat sites, including those arising through disturbance.

5.4.48 Construction Period Seasonal working may be required. Strict procedures must be maintained during the construction/ replacement process to minimise effects as much as possible. The need for a Construction Environmental Management Plan (Biodiversity) to secure delivery of mitigation to avoid the potential for adverse effects upon Benfleet and Southend Marshes SPA and Thames Estuary and Marshes SPA and Ramsar site should also be attached to the policies listed below. This is required prior to commencement of developments which deliver specific mitigation regarding disturbance to avoid adverse construction impacts to the Habitats Sites.

5.4.49 These policies include LP HO31 Land at Kings Park and LP HO26 Land at The Point. LP HO31 and LP HO26 should explicitly consider effects on Habitats Sites. The recommended text for these policies has been incorporated into the Modified Plan.

5.4.50 Policy LP EC4 Canvey Port Facilities LP EC4 embeds the requirement to ensure that any future port related development “will not result in adverse impacts on water quality in the Thames Estuary, or have a significant adverse effect on protected nature conservation sites. Following recommendations, modifications are proposed to the Local Plan which incorporate the recommend text into LP EC4. However, Thames Estuary and Marshes SPA and Ramsar site should also be added to the policy:

‘Neither the development itself, nor the future operation of the site will not result in adverse impacts effects on the Integrity of Benfleet and Southend marshes SPA and Ramsar site and Thames Estuary and Marshes SPA, either alone or in combination with other plans or projects. This must be demonstrated through a project level Habitats Regulation Assessment.

5.4.51 SP TP1 Transport Strategy and LP TP2 – Improvements and Alterations to Highway Infrastructure TP1 encourages the use of the River Thames for transport. Following recommendations, modifications to the Local Plan are proposed which incorporate the text into SP TP1:

‘With regard to any development relating to the use of the River Thames, development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar Site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other projects. In order to achieve this, a project-level HRA should be provided for any relevant development’.

5.4.52 The proposed third crossing to Canvey Island across Holehaven Creek SSSI will require a project-level HRA which is likely to need to address a range of issues. This HRA supports the inclusion of the

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 98 Habitats Regulations Assessment

following text being included within the supporting information (reasoned justification) for policy SP TP2. This is a proposed modification and has been produced in discussion with Natural England.

All proposals for improvements and alterations to carriageway infrastructure in Castle Point should seek to incorporate opportunities for active and sustainable modes of travel and should comply with the relevant policy requirements set out in this Plan which secure high environmental quality and compliance with relevant environmental legislation.

In addition, the following text is proposed as a modification to the Local Plan to ensure that this is embedded into this Policy:

“Any of the improvements or alterations to the highway network set out in Parts 1 or 2 of this policy which have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects must be accompanied by a project level Habitats Regulations Assessment and must demonstrate that no adverse effect on the integrity of these Habitats sites will arise.

Several of the transport scheme listed in tables 14.1 and 14.2 are through open land or are within proximity of sensitive and protected habitats and species. There will therefore be a requirement in some instances for these transport projects to be subject to ecological assessments and in some instances statutory assessments including Habitats Regulations Assessment. Where the details of a strategic project, such as a New Access to Canvey, indicate it would be likely to have significant effects in its own right on European/ Habitats sites (including on functionally linked land), then the Habitat Regulation Assessment should be triggered by the appropriate mechanism at the whole plan level to ensure the alone and in-combination effects (as appropriate) are assessed. For all other projects where an assessment is required, a project level Habitats Regulations Assessment will be appropriate, but will need to consider in-combination impacts.

Further assessment will be required once additional project information is available in order to undertake the HRA. This may involve gathering baseline data to enable an appropriate assessment to be made to demonstrate, beyond scientific doubt, that there will be no adverse effects.

Any of the improvements or alterations to the highway network set out in Parts 1 or 2 of this policy which have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site of the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other projects must be accompanied by a project level Habitat Regulations Assessment and must demonstrate that no adverse effect on the integrity of these Habitat sites will arise.

5.4.53 LP NE5 - Ecologically Sensitive and Designated Sites It is proposed to amend the supporting paragraphs and text of LP NE5 as follows:

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally,

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 99 Habitats Regulations Assessment

planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 100 Habitats Regulations Assessment

impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on- site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

5.5 Air Quality: Atmospheric Nitrogen Deposition

5.5.1 Policies/Allocations and Habitats Sites within scope The following policies were screened in for further consideration at Appropriate Assessment:

SP SD1 – Making Effective Use of Land SP HO1 – Housing strategy SP HO7– Gypsy & Traveller provision LP HO9 – Land west of Benfleet LP HO10 – Land between Felstead Road and Catherine Road LP HO11 – Land off Glyders, Benfleet LP HO12 – Former WRVS Hall, Richmond Avenue, Benfleet LP HO13 – Land east of Rayleigh Road, Hadleigh SP HO14 – Land at Brook Farm LP HO15 – Land south of Scrub Lane, Hadleigh LP HO16 – Land at Oak Tree Farm, Hadleigh LP HO17 – Hadleigh Island, Hadleigh LP HO18 – Land east of Downer Road, Thundersley LP HO33 – Land north of Grasmere Road and Barrowdale Road, Thundersley LP HO19 – Land at Glebelands, Thundersley LP HO20 – The Chase, Thundersley LP HO21 – Land fronting Rayleigh Road, Thundersley LP HO22 – Land at Thames Loose Leaf, Kiln Road, Thundersley LP HO23 – Land east of Canvey Road, Canvey Island LP HO24 – Land west of Canvey Road, Canvey Island LP HO25 – Land at Thorney Bay, Canvey Island LP HO26 – Land at The Point LP HO27 – Walsingham House LP HO28 – Land at the Admiral Jellicoe LP HO29 – Land south of Haron Close LP HO30 – Haystack car park

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 101 Habitats Regulations Assessment

LP HO31 – Land at Kings Park LP HO32 – Land at 244-258 London Road, Hadleigh SP EC1 – Economic Land Supply SP EC2 – New Employment Land LP EC3 – Canvey Seafront entertainment area LP EC 4 – Canvey Port Facilities SP TC1 – Town Centre Strategy LP TC2 -Canvey Town Centre and Hadleigh Town Centre Regeneration LP TC4 – Out of Centre Parks LP TC5 – South Benfleet Leisure Quarter LP HS3 – Opportunities for Outdoor Recreation LP HS7 –Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses LP HC6 – Community Facilities SP TP1 – Transport Strategy LP TP2 – Improvements and Alterations to Highway Infrastructure SP GB1 – Green Belt Strategy LP GB2 – New Development in the Green Belt LP GB4 – Limited Infill - Special Policy Areas LP GB5 – Change of Use of Buildings and Land in the Green Belt SP CC1– Responding to Climate Change LP CC2 – Tidal Flood Risk Management Area LP NE5 –Ecologically Sensitive and Designated Sites

5.5.2 Air Quality requirements are incorporated into Policy LP NE7 (Pollution Control). At HRA screening stage, the Benfleet and Southend Marshes SPA and Ramsar site and Thames Estuary and Marshes SPA and Ramsar site were listed as having the potential for Likely Significant Effects as a result of changes to Air Quality. Canvey Island is the largest town in Castle Point with a population of around 40,000 people. The Borough's largest town centre and largest employment estate (Charfleets Industrial Estate) are both located on Canvey Island. The Local Plan proposes to significantly increase housing across the Borough. Air pollution could be created, for example, through construction processes or by encouraging more cars and other vehicles into the area.

5.5.3 Reduction in Air Quality can be caused by changes in atmospheric pollution levels due to increased traffic, waste management facilities etc. The Castle Point 2018 Air Quality Annual Status Report (ASR)14 found that “Air pollution is considered to be generally low in Castle Point and monitoring of local Air Quality has measured no exceedances of air quality objective at relevant exposure. The trend of results across monitored sites indicates that Air Quality is improving.” There were, however, several points of concern and the main source of air pollution in the Borough was found to be from traffic emissions, particularly along the major routes including London Road and Canvey Way.

5.5.4 The Site Improvement Plan for the Greater Thames Complex (Thames Estuary & Marshes and Benfleet and Southend Marshes) identifies that there is a risk of atmospheric nitrogen deposition. Nitrogen

14 The Castle Point 2018 Air Quality Annual Status Report can be found at: http://www.essexair.org.uk/AQInEssex/LA/Castlepoint.aspx?View=reports&ReportType=Castlepoint&ReportID=CastlePointA SR2018&StartIndex=1&EndIndex=7

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 102 Habitats Regulations Assessment

deposition exceeds site-relevant critical loads potentially affecting Hen Harrier, Little Tern and Seabird Assemblage. It is not fully known how nitrogen deposition may impact these species, but the aim is to control, reduce and ameliorate atmospheric nitrogen impacts.

5.5.5 One of the key vulnerabilities / factors affecting site integrity for the Essex Estuaries Site Improvement Plan (covering Blackwater Estuary SPA Crouch & Roach Estuaries SPA, Dengie SPA, Foulness SPA and Essex Estuaries SAC) is also “Air Pollution: risk of atmospheric nitrogen deposition”. However, the focus of the SIP, in this respect, is on Foulness and it acknowledges that other factors are also an issue: “Atmospheric nitrogen deposition exceeds the relevant critical loads for coastal dune habitats used by breeding terns and hence there is a risk of harmful effects. However, on the Essex estuaries declines in the numbers of breeding terns appear to be due mainly to erosion of a man-made cockle-shingle bank (at Foulness) and to disturbance (elsewhere), rather than to over-vegetation of breeding areas caused by nitrogen deposition.”

5.5.6 The target set for waterbird assemblage in Natural England’s Supplementary Advice is to “Maintain concentrations and deposition of air pollutants at below the site-relevant Critical Load or Level values given for this feature of the site on the Air Pollution Information System (www.apis.ac.uk).” However, no critical levels have been set by APIS (Air Pollution Information System (APIS), 2015). However, this target has been set due to a lack of evidence that the feature is being impacted by any anthropogenic activities.

5.5.7 APIS set the critical level of NH3 for Black-tailed godwit at 2-4µg/m³ for all supporting habitats. The concentrations of NOx recorded for Thames Estuary and Marshes SPA are below this critical level. APIS set the critical level of Nox for Black-tailed godwit at 75µg/m³ annual mean for all supporting habitats. The recorded Nox levels are well below this critical level No Critical level of SO2 has been set by APIS for this feature (APIS), 2015). There is evidence from survey or monitoring that shows the feature to be in a good condition and/or currently un-impacted by anthropogenic activities

15 5.5.8 The AIR NO2 proficiency testing scheme at Castle Point found that 9 of the 34 sites examined exceeded critical loads to protect changes in vegetation composition (30 µgm-3). The distance of the closest of these sites was approximately 600 metres from Benfleet and Southend Marshes. The main source of air pollution in the Borough was found to be from traffic emissions, particularly along the major routes, and the Highways Agency Design Manual for Road and Bridges (DMRB)16 assumes that air pollution from roads is unlikely to be significant beyond 200m from the road itself. Therefore, while it is unlikely that traffic causing NO2 in the surveyed areas would be likely to have a significant effect upon Benfleet and Southend Marshes SPA and Ramsar site (as they are more than 600 metres away), the roads adjacent to the Habitats Sites have not been assessed, so traffic may still be causing NO2 critical loads in these areas, but this is not tested and so is unknown. Consequently, the existing traffic may still be causing NO2 critical loads in these areas.

5.5.9 SP TP1 Transport Strategy and LP TP2 – Improvements and Alterations to Highway Infrastructure Policy LP EC4 Canvey Port Facilities

15 Castle Point 2018 Air Quality Annual Status Report (ASR) http://www.essexair.org.uk/Reports/CastlePointBoroughCouncil2018ASR.pdf

16 Design Manual for Roads and Bridges (DMRB) (2018) http://www.standardsforhighways.co.uk/ha/standards/dmrb/

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 103 Habitats Regulations Assessment

5.5.10 Within Essex, the transport strategy is set out within the Essex Local Transport Plan (June 2011). One of its strategic outcomes is to ‘reduce carbon dioxide emissions and improve air quality through lifestyle changes, innovation and technology’. While the Borough suffers from congestion, much of this is inland due to the major transport routes such as the A127. Furthermore, there are no major roads within 200 metres of Benfleet and Southend Marshes SPA and Ramsar site.

5.5.11 As discussed in the functionally-linked land and disturbance chapters above, one of the proposals set out within the Essex Local Transport Plan (LTP) and Local Plan is the construction of a third access for Canvey Island. Table 14.1 in the Local Plan’s supporting information states that the third access would be from Northwick Road, crossing Holehaven Creek, to the Manorway A1014 on the mainland. A new road/ bridge crossing at this point could increase the level of air pollution during the construction period and in the long term. Strategic Highways Improvements also include improvement of the existing roads to and from Canvey Island. However, these improvements are a minimum of 500 m from Benfleet and Southend Marshes SPA and Ramsar site and therefore a sufficient distance away to not expect to affect air quality of the Habitats Sites

5.5.12 Housing Kellington Road is located on the north side of Canvey Island, just inside the sea wall, and therefore within 200 metres of Benfleet and Southend Marshes SPA and Ramsar site. However, Kellington Road is not a major through road and it does not appear that users of any of the proposed new development would use it to access their new housing. The proposed new section of Roscommon Way will be a major road, but it will be located in the southern part of the Island. It will be than 200 metres from the Thames Estuary and at least 2 km from the north side of the island, where the SPA and Ramsar sites are located.

5.5.13 Policy HO31 (Land at Kings Park) is allocated to deliver up to 50 new homes in the north east of Canvey Island. It is separated from Benfleet and Southend Marshes SPA and Ramsar site by only the sea wall. It is understood that Vehicles would access the allocated site, from the road on the southern boundary and would not use the east-west road at the north boundary of the existing Kings Park adjacent to the sea wall. The former is about 300 m at its closest point. Use of the southern road by the increased traffic as a result of policy HO31 would be much less likely to cause effects upon the SPA and Ramsar site due to the distance from them.

5.5.14 Policy HO26 (Land at The Point, Canvey Island) is allocated for residential purposes, to deliver up to 100 new homes. It is approximately 200 metres from the SPA and Ramsar site and it is assumed that the majority of vehicular access would be from the inland roads which are more than 200 m from the Habitats Sites’ boundary.

5.5.15 Canvey Port Facilities The potential increase in Sulphur Dioxide emissions, which in high concentrations could alter species composition of plant and associated animal communities within nearby Habitats sites could occur as a result of port development. The port is over 2km from Benfleet and Southend Marshes SPA and Ramsar site. Therefore, high concentrations of Sulphur dioxide are unlikely to cause an adverse impact. Coastal winds are less predictable and stronger than inland and so it is possible that increased shipping activity could increase air pollution to the Thames Estuary and Marshes SPA & Ramsar site or its functionally- linked land.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 104 Habitats Regulations Assessment

5.5.16 Policy LP EC4 indicates that any future operations of Canvey Port Facilities must not have an adverse effect on protected nature conservation sites. Policy LP NE4 also highlights that all development proposals must be designed to manage and reduce air pollution impacts.

Use of Mitigation Measures

5.5.17 The precise contributors and potential for adverse effects are unknown but the cumulative effects of the development proposals within the Local Plan could have an adverse effect on site integrity, largely caused by an increase to traffic as a result of an increase of development. Thus, precautionary mitigation measures for air quality should be undertaken.

5.5.18 Policy LP NE7 highlights that all development proposals must be designed to manage and reduce air pollution impacts. They also must be located and designed in a manner which does not result in an adverse effect upon ‘the environment’. Therefore, all housing developments must be constructed in a way which will not contribute to air pollution. Precautionary air quality mitigation must be contained within a Construction Environmental Management Plan for every development as this will ensure that they will not- either singularly or collectively- lead to an unacceptable risk from air quality and comply with EU limit vales or national objectives for pollutants.

5.5.19 Precautionary mitigation should also be incorporated into the Transport Strategy policy, following the recommendations of policy LP NE7. This should aim to provide measures which ameliorate impacts from increasing emissions from increased transport.

5.5.20 Air quality is not considered a showstopper for this HRA with respect to Phase 3 of Roscommon Way. However, as it will be a major new section of road on Canvey Island, it should have a project level Habitats Regulations Assessment when proposals come forward for its creation. This should include consideration of air quality.

5.5.21 Air quality is a potential concern for the new third access onto Canvey Island. It is recommended that air quality monitoring is undertaken at the location of the potential third access for Canvey Island. This should be done as part of any project or study to bring forward a proposal for the third access.

5.5.22 Policy HO31 (Land at Kings Park) Policy HO26 (Land at The Point, Canvey Island) are both located within 200 metres of Benfleet and Southend Marshes SPA and Ramsar site and have the potential to cause an adverse effect. A project level HRA will be required with planning applications relating to either of these sites and the need to avoid adverse effect on integrity should be embedded into the policies. Vehicular access for HO31 should not be near to the sea wall. Creek Road is 100 metres from this and should not be used to provide access. The road south and parallel to this is around 180 metres from the SPA and Ramsar site, which is still within the 200 metre threshold It should be explicit in LP HO31 that vehicular access should be located as far from the SPA as possible, ideally along the road in the southern side of Kings Park and there should be no vehicular access (except, for example, for emergencies) using the northern road/ path, which runs adjacent to the sea wall.

Applying the Integrity Test

5.5.23 The exception to the above is the proposed new access to Canvey Island, which may cross Holehaven Creek. There is currently insufficient detail about the project for this HRA to conclude, beyond scientific

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 105 Habitats Regulations Assessment

doubt, that there will be no adverse effects on site integrity of the Thames Estuary & Marshes SPA & Ramsar site. Additional text has been proposed to ensure that there will be no Adverse Effects on Integrity of any Habitats Sites, including functionally-linked land. This must be addressed at the plan-level once there is further information to do so.

Given the limited information available on the third crossing the ‘mitigation’ in the Local Plan will need to consist of a policy framework that explicitly prevents a proposal coming forward unless it is able to demonstrate that adverse effects on the integrity of European sites can be avoided.

This is discussed in more detail in the functionally linked land chapter above.

Embedding Mitigation into the Local Plan

5.5.24 Policies SP TP1 Transport Strategy and LP TP2 – Improvements and Alterations to Highway Infrastructure

Following recommendations, there is a modification proposed that incorporates the following text into SP TP1. In addition, the words underlined should be added.

Any proposals for transport schemes or the use of the River Thames for transport purposes which would have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar Site or Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects, must be accompanied by a project level Habitats Regulation Assessment, and demonstrate that no adverse effect on the integrity of these Habitat sites will arise.

The proposed third crossing to Canvey Island across Holehaven Creek SSSI will require a project-level HRA which is likely to need to address a range of issues. This HRA supports the inclusion of the following text being included within the supporting information (reasoned justification) for policy SP TP2. This is a proposed modification and has been produced in discussion with Natural England.

All proposals for improvements and alterations to carriageway infrastructure in Castle Point should seek to incorporate opportunities for active and sustainable modes of travel and should comply with the relevant policy requirements set out in this Plan which secure high environmental quality and compliance with relevant environmental legislation.

In addition, the following underlined text is proposed as a modification to the Local Plan to ensure that this is embedded into this Policy:

“Any of the improvements or alterations to the highway network set out in Parts 1 or 2 of this policy which have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects must be accompanied by a project level Habitats Regulations Assessment and must demonstrate that no adverse effect on the integrity of these Habitats sites will arise.

Several of the transport scheme listed in tables 14.1 and 14.2 are through open land or are within proximity of sensitive and protected habitats and species. There will therefore be a requirement in some instances for these transport projects to be subject to ecological assessments and in

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 106 Habitats Regulations Assessment

some instances statutory assessments including Habitats Regulations Assessment. Where the details of a strategic project, such as a New Access to Canvey, indicate it would be likely to have significant effects in its own right on European/ Habitats sites (including on functionally linked land), then the Habitat Regulation Assessment should be triggered by the appropriate mechanism at the whole plan level to ensure the alone and in-combination effects (as appropriate) are assessed. For all other projects where an assessment is required, a project level Habitats Regulations Assessment will be appropriate, but will need to consider in-combination impacts.

Further assessment will be required once additional project information is available in order to undertake the HRA. This may involve gathering baseline data to enable an appropriate assessment to be made to demonstrate, beyond scientific doubt, that there will be no adverse effects.

Any of the improvements or alterations to the highway network set out in Parts 1 or 2 of this policy which have the potential to have an effect on the integrity of the Benfleet and Southend Marshes SPA and Ramsar site of the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other projects must be accompanied by a project level Habitat Regulations Assessment and must demonstrate that no adverse effect on the integrity of these Habitat sites will arise.

5.5.25 Policy TP EC4 Canvey Port Facilities This Policy embeds the requirement to ensure that any future port related development “will not result in adverse impacts on air quality in the Thames Estuary, or have a significant adverse effect on protected nature conservation sites. Following recommendations, modifications are proposed to the Local Plan which incorporate the recommend text into LP EC4. However, Thames Estuary and Marshes SPA and Ramsar site should also be added to the policy.

‘Neither the development itself, nor the future operation of the site will not result in adverse impacts effects on the Integrity of Benfleet and Southend marshes SPA and Ramsar site and Thames Estuary and Marshes SPA, either alone or in combination with other plans or projects. This must be demonstrated through a project level Habitat Regulation Assessment.

5.5.26 Construction Precautionary air quality mitigation must be contained within Construction Environmental Management Plans for developments as this will ensure that the development will not lead to an unacceptable risk from air quality and comply with EU limit vales or national objectives for pollutants. Strict procedures must be maintained during the construction/ replacement process to minimise effects as much as possible.

5.5.27 The need for a Construction Environmental Management Plan to consider the potential for adverse effects upon Benfleet and Southend Marshes SPA should also be attached to the policies listed below. This is required prior to commencement of developments which deliver specific mitigation regarding air quality to avoid adverse construction impacts to the Habitats Sites.

5.5.28 These policies include LP HO31 Land at Kings Park and LP HO26 Land at The Point. LP HO31 and LP HO26 have incorporate text to explicitly consider effects on Habitats Sites.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 107 Habitats Regulations Assessment

The Plan should also require air quality monitoring to be undertaken, including provision of baseline data as part of the project-level HRA.

5.5.29 Policy LP NE5 Ecologically Sensitive and Designated Sites

It is proposed to amend the supporting paragraphs and text of LP NE5 as follows:

19.45 The NPPF states that potential and designated SPAs, Special Areas of Conservation (SACs) and Ramsar sites should be given the highest level of protection. Where a proposal affects a SPA, SAC or Ramsar site, a Habitats Regulation Assessment will be required in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Additionally, planning permission should be refused for developments resulting in the loss of irreplaceable wildlife habitats or landscapes such as Ancient Woodlands due to their irreplaceable features, unless there are wholly exceptional reasons and a suitable compensation strategy exists.

19.46 Castle Point has a unique natural environment that comprises a diverse mix of habitats of nature conservation importance. Some 1,154ha of the Borough is designated due to its ecological quality. The following European and national designations are present within the Borough: Benfleet and Southend Marshes SPA.

19.48 Habitats sites include Natura 2000 sites (SPA and SAC sites) and Ramsar sites which the NPPF states should be afforded similar protection. Benfleet and Southend Marshes SPA and Ramsar is the only Habitats site that is situated within the borough's boundaries however Castle Point is also located within the Zone of Influence of other internationally designated sites and these cover the majority of the Essex coastline. Land at Holehaven Creek which is functionally linked to the Thames Estuary and Marshes SPA and Ramsar site and may be affected by development within Castle Point borough. These sites are designated for their inter-tidal habitats and/or the presence of internationally important numbers of rare and migratory bird species, therefore consideration must also be given to the impact that development within the borough may have indirectly on these fragile ecosystems as harm to these sites must be avoided as require by the Conservation of Habitats and Species Regulations 2017 (as amended). The Habitats Regulations Assessment prepared to support the Local Plan identified a potential for population growth arising in the borough, in combination with that arising elsewhere in Essex, to have an adverse effect on integrity of Habitats sites through increased recreational pressure. Whilst on- site green infrastructure provision can offset some of this pressure and impacts from the development alone, the coast will nonetheless be a draw to visitors as it provides an environment which cannot be replicated elsewhere. There is therefore a need for residential development in the borough to contribute towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) to ensure these recreational pressures are appropriately avoided or mitigated from development in combination with other plans and projects.

19.49 Following consultation with Natural England, an Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) is being prepared to include all coastal Habitats Sites. The strategy identifies a Zone of Influence (ZOI) for recreational disturbance likely to result from residential development and the mitigation to avoid adverse effect on integrity of any Habitats

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 108 Habitats Regulations Assessment

sites from recreational uses. New residential development that is likely to affect the integrity of the Habitats sites will be required to contribute towards the implementation of the mitigation. At this stage, it is considered that development allocations in this ZOI will be required to pay for the implementation of mitigation measures to protect the interest features of Habitats sites along the Essex Coast which include the Crouch and Roach Estuaries Special Protection Area and Ramsar site, the Essex Estuaries Special Area of Conservation and Thames Estuary and Marshes SPA and Ramsar site. The appropriate mechanisms will be identified in the Essex Coast RAMS.

Policy LP NE5 Ecologically Sensitive and Designated Sites

1. The Council will support proposals which can demonstrate a net gain in biodiversity. 2. Proposals which are likely to adversely impact (either individually or in combination with other plans and projects) European and internationally designated sites must satisfy the requirements of the Habitats Regulations, determining site specific impacts and avoiding or mitigating against impacts where identified. Where appropriate, contributions from development will be secured towards mitigation measures identified in the Essex Recreational disturbance Avoidance and Mitigation Strategy to mitigate any recreational disturbance impacts in compliance with the Habitats Regulations and Directive. 3. Proposals likely to have an adverse effect on Sites of Special Scientific Interest, Local Nature Reserves and locally designated sites (Local Wildlife Sites), Ancient Woodland, and Special Roadside Verges, will not be permitted unless, on an exceptional basis, the benefits of the development clearly outweigh both the adverse impacts on the features of the site and any adverse impact on the wider network of SSSIs . 4. Proposals likely to have an adverse effect on irreplaceable habitats such as Ancient Woodlands, or significant local habitats such as Local Nature Reserves and Special Roadside Verges, will not be supported unless there are wholly exceptional reasons and an appropriate avoidance, on- site management and on-site mitigation strategy is submitted to and approved by the Council. Any loss must be compensated.

5.5.30 Air quality monitoring As air quality has been identified as a relevant potential impact for Benfleet and Southend Marshes SPA or Ramsar site and Thames Estuary and Marshes SPA or Ramsar site, data should be gathered to inform future Local Plan reviews. This should include air quality monitoring points where roads are within 200m of the above Habitats Sites which have been shown within Appendix 9 Proposed Air Quality Monitoring Locations for Habitats Sites

This includes the following locations for the Benfleet and Southend Marshes SPA and Ramsar, positioned at 200 metres from the Habitats Sites’ boundary:

1. Dovervelt Road/at around 200 m from the designated sites, at the point of highest use between Kellington Avenue and Whernside Avenue, Canvey Island 2. Brandenburg Road at around 200 m from the SPA and Ramsar site 3. Policy HO31 (Land at Kings Park, Canvey Island), in a suitable location, in consideration with the road used for access. 4. Policy HO26 (Land at The Point, Canvey Island)- in a suitable location on Point Road around 200 metres from the SPA, between Zelham Drive and Chapman Road.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 109 Habitats Regulations Assessment

In addition, air quality should be monitored at the proposed location of the new third crossing into Canvey Island across Holehaven Creek Site of Special Scientific Interest Baseline data should from part of any assessment of adverse effects to Thames Estuary and Marshes SPA or Ramsar site.

5.6 Assessment of Impacts in Combination with other Plans and Projects

5.6.1 The Appropriate Assessment also includes a comprehensive identification of all the potential effects of the Local Plan likely to be significant, taking into account the combination of the effects of the Local Plan with those of other plans or projects. An example is the implementation of the Essex Coast RAMS through Local Policy LP NE 8 (Determining Applications affecting Ecologically Sensitive and Designated Sites) which will provide strategic mitigation measures for all new housing developments within the Zone of Influence for recreational disturbance, to avoid effects in combination with other plans and projects. This is necessary as it cannot be concluded that no new residents will visit the Habitats sites so residual effects arising from the development cannot be avoided without mitigation. 5.6.2 A series of individually modest impacts may, in combination, produce a significant impact. Cumulative impacts may only occur over time, so plans or projects which are completed, approved but uncompleted, or proposed should all be considered in combination with the Castle Point Local Plan. The assessment should not be restricted to similar types of plans and projects.

In the context of this AA, the relevant other plans to be considered in combination with Castle Point Local Plan are listed in Table 10 below.

5.6.3 There are several projects which could in combination result in significant adverse effects so need to be considered in combination with the Castle Point Local Plan. Impact pathways to be considered in this in combination assessment are therefore increases in habitat loss and fragmentation; loss of functionally linked land; disturbance, including recreational pressure; changes in water quality and quantity, increased flood risk, and air quality.

5.6.4 Natural England has begun to investigate how to improve coastal access along a 70km stretch of the Essex coast between Tilbury and Southend-on-Sea. This local section of the England Coast Path has not yet been confirmed by the Secretary of State, so this project does not meet the criteria for in combination assessment. However, the proposed route runs all around Canvey Island as well as along the coastline of the Borough mainland. Natural England has prepared a Habitats Regulations Assessment for this stretch (Assessment of Coastal Access proposals under regulation 63 of the Habitats Regulations 2017 as amended, 27 February 2020) and the period for making representations and objections about the reports closed at midnight on 9 June 2020. Objections are forwarded for consideration by an independent planning inspector appointed by the Secretary of State and the inspector will make recommendations to the Secretary of State in respect of each one. The Secretary of State will consider all the representations and objections before making a decision about Natural England’s reports. It is open to the Secretary of State to consider these proposals and make a decision about whether to approve them, with or without modifications. If the Secretary of State is minded to modify the proposals, further assessment under the Habitats Regulations may be needed before approval is given. The HRA concluded “It can be ascertained,

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 110 Habitats Regulations Assessment

in view of site conservation objectives, that the access proposal (taking into account any incorporated avoidance and mitigation measures) will not have an adverse effect on the integrity of the Thames Estuary and Marshes SPA and Ramsar site, Benfleet and Southend Marshes SPA and Ramsar site, Foulness (Mid-Essex Coast Phase 5) Special Protection Area (SPA) and Ramsar Site, Essex Estuaries Special Area of Conservation (SAC) and the Outer Thames Estuary Special Protection Area (SPA) either alone or in combination with other plans and projects.”

5.6.5 The Minerals and Waste Development Plans for Essex, London and Suffolk are also of some relevance, since these may contribute to increased vehicle movements on the road network within Brentwood (and thereby contribute to air quality impacts). The Essex and Suffolk Local Transport Plans to 2031 will also be important in terms of encouraging sustainable transport. However, the major impact is likely to be that of housing and commercial development within the surrounding districts as set out in Local Plans and these have therefore been the main focus of cumulative ‘in combination’ effects with regard to this Appropriate Assessment.

5.6.6 The South East Marine Plan As the marine planning process is legally required to avoid any adverse effects on the ability of internationally important wildlife sites to achieve their conservation objectives. AECOM was appointed by the MMO to assist in undertaking the Habitat Regulations Assessment (HRA) for seven marine plan areas including the south east marine plan area.

5.6.7 The locations of new aquaculture activities are not known at the stage the HRA was written so this was therefore not be specifically assessed with regard to individual Habitats sites. However, it is reasonable to assume that at least some will be linked with existing core areas of aquaculture and thus pose the greatest risk of affecting the following Special Protection Areas within the south east marine plan area including the Thames Estuary and the network of Essex estuarine SPA/Ramsar sites e.g. Benfleet & Southend Marshes SPA & Ramsar site,

5.6.8 Coastal and estuarine Habitats sites within the south east marine plan area which are identified to be at risk from increased recreational pressure due to housing development and which have a mitigation strategy in place are listed in the HRA Appropriate Assessment Information Report including Screening Report (AECOM, July 2019). This report concludes that the south east marine plan must therefore allow consider the Essex Coast RAMS when promoting access to the coastal and marine environment to ensure no conflict between local authorities delivering measures to manage recreation and marine plan policies which promote improved coastal access.

5.6.9 An existing mechanism to facilitate this collaboration is the Coastal Concordat for England (Defra, 2013). Although not all coastal local authorities are signatories to the Concordat, the implementation plan for the Concordat addresses this by stating that ‘For projects that meet the criteria for the coastal concordat, but are in areas where the local authority has not yet implemented the concordat, officers should apply the concordat principles in partnership with the other concordat bodies as far as possible…’.

5.6.10 Vision for the Tidal Thames - Port of London Authority (PLA, 2016) The South Thames Estuary and Marshes SPA and Ramsar site lies within the PLA area of jurisdiction and there is a need to strike a balance between supporting increased access to the coast and marine environment and potential conflicts with Habitats site conservation objectives. Particularly close attention will need to be given to ensuring any access provision schemes are compatible with conservation objectives and any existing or future recreational pressure mitigation strategies devised by coastal local

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 111 Habitats Regulations Assessment

authorities e.g. Essex Coast RAMS. This is particularly relevant to the Port of London’s Sports Opportunity Area on Canvey Island as identified on the Thames Estuary Vision Interactive Map. There is an area on Small Gains Creek which is a current Sports Opportunity Zone.

5.6.11 The Sports Opportunity Zones identified through the PLA’s work on its Vision for the Tidal Thames (The Thames Vision) (2016) did not include a Habitat Regulation Assessment. These opportunity zones, rather than being a formal designation were areas highlighted where there are already sports and recreation activities taking place, such as through existing clubs and facilities, and given the projected population growth in London, Kent and Essex, these areas would have the potential to see increased usage as a result of this future growth. Whilst there are some existing facilities in this location which facilitate the use of the river for sport, growth may drive additional demand for such facilities, requiring enhancement or additional provision to occur which would lead to in combination impacts on coastal and estuarine Habitats sites.

Table 11: Other plans or projects considered for in combination effects Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner Using the precautionary principle, adverse effects on integrity cannot be dismissed for most European sites until individual projects are devised and can be scrutinised in detail. There is a risk that issues which span the marine/coastal and MMO1188: Habitats terrestrial environment are Regulations overlooked because they fall Assessment for the between planning North-East, North- responsibilities. West, South-East and The South Marine South-West Marine East Marine Management Plans: Appropriate In-combination effects between Plan Organisation Assessment the Plans is likely so it is Information Report recommended that the including Screening supporting text for the access Report (AECOM, July policies in the south east marine 2019) plan acknowledges the balance to be struck between supporting increased access to the coast and marine environment and potential conflicts with Habitats site conservation objectives. Particularly close attention will be given to ensuring any access provision schemes are

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 112 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner compatible with conservation objectives and any existing or future recreational pressure mitigation strategies devised by coastal local authorities e.g. Essex Coast RAMS. Sports Opportunity Zones identified through the PLA’s work on its Vision for the Tidal Thames (The Thames Vision) (2016) have the potential to see increased usage as a result of this future growth. Whilst there The Thames Port of are some existing facilities in this None available Vision London location which facilitate the use of the river for sport, growth may drive additional demand for such facilities, requiring enhancement or additional provision to occur which would lead to in combination impacts on coastal and estuarine Habitats sites. None as strategic mitigation for Basildon Basildon Borough Basildon in combination impacts from Borough Reg Local Plan HRA Borough recreational disturbance will be 19 Local Report (LUC, October Council delivered by Essex Coast Plan 2018) RAMS. None as strategic mitigation for Braintree Braintree HRA screening report in combination impacts from District Local District for Braintree District recreational disturbance will be Plan Council Local Plan delivered by Essex Coast RAMS. Brentwood District HRA of Brentwood DC None as strategic mitigation for Council Draft Brentwood Draft Local Plan in combination impacts from Local Plan: District Preferred Site recreational disturbance will be Preferred Council Allocations (AECOM, delivered by Essex Coast Site Jan 2018) RAMS. Allocations

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 113 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner Chelmsford Chelmsford Pre- None as strategic mitigation for Pre- Chelmsford Submission Local Plan in combination impacts from Submission City Council HRA (Amec Foster recreational disturbance will be Local Plan Wheeler, Jan 2018) delivered by Essex Coast RAMS Colchester None as strategic mitigation for Colchester Borough in combination impacts from Borough Core Strategy HRA Council Core recreational disturbance will be Council Strategy delivered by Essex Coast RAMS Maldon DC Local Development Plan Post Examination Sustainability Appraisal Report Maldon None as strategic mitigation for Maldon incorporating Strategic District Local in combination impacts from District Environment Development recreational disturbance will be Council Assessment and Plan delivered by Essex Coast RAMS Habitats Regulations Assessment Final Report (Royal Haskoning DHV, March 2017) Sustainability Revised Appraisal (including Proposed HRA) of the Revised None as strategic mitigation for Submission Proposed Submission in combination impacts from Southend on Southend on Southend on Sea recreational disturbance will be Sea Sea Council Development delivered by Essex Coast Development Management DPD RAMS. Management (Peter Brett DPD Associates, March 2014) Rochford Development None as strategic mitigation for Management Rochford in combination impacts from Development District HRA Core Strategy recreational disturbance will be Plan HRA Council delivered by Essex Coast RAMS screening (Dec 2013)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 114 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner None as strategic mitigation for Tendring HRA of Tendring in combination impacts from District Local Tendring DC District Draft Local recreational disturbance will be Plan Plan Part (LUC, 2017) delivered by Essex Coast RAMS None as strategic mitigation for Thurrock in combination impacts from Local Plan Thurrock HRA of Thurrock Local Council Plan (LUC, Jan 2019 recreational disturbance will be

delivered by Essex Coast RAMS Providing that key recommendations and mitigation requirements are adopted and implemented the Shared North Essex Braintree HRA Report for North Strategic Part 1 for Local Plans Authorities DC, Essex Authorities will not result in adverse effects Shared Colchester Shared Strategic on the integrity of European sites Strategic BC and Part 1 for Local Plans, either alone or in-combination. Plan Part 1 Tendring DC (LUC, May 2017) This includes wintering bird surveys for lapwing and golden plover as part of any development proposals to inform project level HRA. None as all of the Thames Estuary and Marshes SPA and HRA of Local Plan Site Ramsar site are separated from Gravesham Gravesham Allocations and Castle Point by the Thames District Local District Development Estuary with the nearest fixed Plan Council Management Policies link crossing point, the Dartford Document (2013) Tunnel a significant distance upstream. Habitats Regulations None as all of the Thames Assessment: Bearing Estuary SPA and Ramsar site Swale Swale Fruits 2031: The Swale are separated from Castle Point Borough Council Borough Local Plan: by the Thames Estuary with the Local Plan Proposed Main nearest fixed link crossing point, Modifications June the Dartford Tunnel a significant 2016 distance upstream.

Neighbourho od plans Relevant Individual HRA None as strategic mitigation for District/ screening / in combination impacts from

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 115 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner Borough Appropriate recreational disturbance will be Councils Assessments delivered by Essex Coast RAMS

Association of South Essex Local Authorities- A joint South Essex project Information for this Joint between the plan is insufficiently flowing local detailed to enable a Strategic N/A Plan authorities: quantitative in- Castle Point, combination Southend- assessment. On-Sea, Basildon, Brentwood, Thurrock and Rochford.

The assessment concluded that implementation of the LTP3 and its associated Transport Policies is unlikely to result in significant Essex effects occurring at Natura 2000 County sites. Although future Essex County Council Council Local Essex development driven by the LTP3 Local Transport Plan 3 Transport County has the potential to impact HRA screening report Plan for Council N2000 sites, there is sufficient (Mouchel, June 2011) Essex, 2011 flexibility within the LTP3 to ensure that future development is designed and implemented in a manner that either completely avoids or mitigates for impacts to Natura 2000 sites.

The Thames Submitted to Defra for There is a predicted adverse Estuary 2100 Environment approval under effect on integrity without Plan Agency Habitats Regulations mitigation from the plan alone.

South Essex Castle Point, N/A N/A Outline Rochford,

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 116 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner Water Cycle Basildon and Study Essex councils Technical Report Final September 2011

Essex and Suffolk Water (2014) Final Essex and Resources Suffolk Unknown Unknown Management Water Plan

River Basin Management Submitted to Defra for Environment approval under Plan Anglian Unknown Agency Habitats Regulations River Basin 2017 District

Essex and South Suffolk Submitted to Defra for Concluded that it was unlikely to Environment Shoreline approval under have an in-combination effect Agency Habitats Regulations Management with land use plans. 2017 Plan 2 All Preferred Sites can be screened out as being unlikely to lead to a likely Essex CC significant effect. All policies can Essex CC Replacement also be screened out as being Replacement Minerals Minerals unlikely to lead to a significant Essex Local Plan (Pre Local Plan effect. However, two County Submission Draft) recommendations have been (2014) Council Habitats Regulations made. The first is with regard to Assessment (URS, Policy S11 (Access and Nov 2012) Transport) which could be included within the supporting text of the Plan. This recommendation concerns air

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 117 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner quality impacts from traffic on European sites.

It is considered that indirect Essex CC effects on European sites could and Habitats Regulations be mitigated through strict Southend- Assessment Screening control procedures, imposed Essex on-Sea BC Report (Place through planning conditions or County Replacement Services, January the pollution control regime. Council Waste Local 2016) Should residual effects remain, Plan (2017) in-combination effects are possible and various high level plans have been highlighted.

Shoeburyness Coastal Management Southend- on-Sea Early stages. No HRA Scheme Borough produced yet. Non- Council Technical Study

London Rochford DC Southend and Southend Airport and No adverse effects on European Airport Joint Southend on Environs HRA site integrity either alone or in- Area Action sea Borough (Enfusion, Jan 2013) combination. Plan (JAAP) Council

Projects

With all the avoidance and mitigation measures secured in the DCO, including the DML, being implemented in full, will not Port of Secretary of adversely affect the integrity of Tilbury the Thames Estuary and State HRA report (Jan 2019) extension Marshes SPA, the Thames NSIP Estuary and Marshes Ramsar Site or the functionally-linked land associated with these sites either alone or in-combination with any other project or plans.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 118 Habitats Regulations Assessment

Competent Title of authority/ Potential for in combination plan or statutory Title of HRA effects Project body/plan owner

Lower Thames Information for this project is still Crossing Secretary of considered insufficiently detailed NSIP State None available yet to enable a quantitative in- combination assessment.

Thurrock Information for this project is still Flexible Secretary of considered insufficiently detailed Power State None available yet to enable a quantitative in- Generation combination assessment. NSIP

Tilbury Information for this project is still Energy Secretary of considered insufficiently detailed Centre State None available yet to enable a quantitative in- (TEC) combination assessment. NSIP

Former Information for this project is still Coryton Thurrock considered insufficiently detailed Not available yet Oil Council to enable a quantitative in- Refinery combination assessment.

Shoeburyness Coastal Southend- Information for this project is still Management on-Sea Early stages. No HRA considered insufficiently detailed Scheme Borough produced yet. to enable a quantitative in- Non-Technical Council combination assessment. Study

Recreational Disturbance

5.6.12 In 2017, Natural England's West Anglia Team identified the Essex coast as a priority for strategic and proactive planning engagement and mitigation. This was due to the high numbers of dwellings that were likely to come forward for each Plan alone and also in combination within the relevant Local Plans by 2038 to meet projected housing needs, and the potential recreational impacts that these new residents could have upon the Habitats sites.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 119 Habitats Regulations Assessment

5.6.13 Natural England proposed a strategic approach to LPAs and recommended identifying the scale of the disturbance and implementing measures to mitigate impacts through the preparation of a joint Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS).

5.6.14 Based on existing evidence of visitor pressures, Natural England advised that 11 (now 12) Councils across Essex should be partners in the preparation of the strategic solution. To reflect the differing Local Plan adoption dates of these authorities, Natural England advised that a Supplementary Planning Document should be the mechanism to secure developer contributions towards the mitigation measures identified as necessary by the Strategy.

5.6.15 Natural England’s advice was that the Local Plans must have a clear policy commitment to producing a Mitigation Strategy, with a clear timeframe for its completion. This should be by the time the Local Plan is adopted to ensure any developments coming forward as part of the plan have certainty that there are mitigation measures which can be implemented as soon as the Local Plan is live.

Use of Mitigation Measures

5.6.16 The Essex Coast RAMS partner LPAs agreed that a strategic solution to mitigate the impacts of recreational disturbance from Local Plans was a sensible approach to take the support of Natural England and Essex County Council. As a consequence, the Essex Coast RAMS Project has prepared a strategic approach to support the Local Plans and its implementation will deliver effective measures to avoid and mitigate for recreational disturbance across Essex from planned housing growth.

5.6.17 It is therefore considered that such development in Castle Point Borough is ‘likely to have a significant effect’ upon the interest features of the Habitats sites within scope for the HRA through increased recreational pressure, when considered in combination with other plans and projects. At HRA screening, this has led to a conclusion of Likely Significant Effect, in combination with other plans and projects and therefore Appropriate Assessment is needed to assess recreational disturbance impacts on the relevant Habitats sites.

5.6.18 Formal advice issued to Castle Point Borough Council by Natural England (Nov 2017 and Aug 2018) identified that, in combination with other plans and projects, all residential development within the zone of influence (ZoI) for the Essex Coast RAMS would be likely to result in a significant effect on a number of Habitats Sites.

5.6.19 The housing policies allocate land within the zone of influence (ZoI) for the Essex Coast RAMS and the development falls within the following development types:

• New dwellings of 1+ units (excludes replacement dwellings and extensions) • Houses in Multiple Occupancy (HMOs) • Student Accommodation • Residential care homes and residential institutions (excludes nursing homes) • Residential caravan sites (excludes holiday caravans and campsites) • Gypsies, travellers and travelling show people plots

5.6.20 Castle Point Borough Council is one of 12 Local Planning Authorities (LPAs) which are partners in the preparation of and are responsible for the delivery of the Essex Coast RAMS. This has identified a

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 120 Habitats Regulations Assessment

detailed programme of strategic mitigation measures which are to be funded by developer contributions from residential development schemes as identified above.

Applying the Integrity Test

5.6.21 Providing that policy LP NE5 fully is implemented, it can be concluded that there will be no adverse effect on integrity as a result of recreational disturbance as a result of Castle Point Local Plan.

Embedding Mitigation into the Local Plan

5.6.22 Castle Point Borough Council is committed to ensure new residential development and any associated recreational disturbance impacts on European designated sites are compliant with the Habitats Regulations 2017.

5.6.23 Policy LP NE5 Ecologically Sensitive and Designated Sites

This is demonstrated through Policy LP NE5 and providing that amended policy LP NE5 fully is implemented, it can be concluded that there will be no adverse effect on integrity as a result of recreational disturbance as a result of Castle Point Local Plan.

5.7 Re-applying the integrity test

5.7.1 At this stage the integrity test should be re-applied. Where there may still be adverse effects on the ecological integrity of Habitats Sites, in view of the Sites’ conservation objectives, additional mitigation measures should be considered.

5.7.2 The sections above in this Appropriate Assessment have considered each potential impact pathway against individual policies screened in, looked at how potential impacts might be mitigated and whether embedded mitigation is sufficient to avoid Adverse Effect on Integrity. A summary table is provided in Appendix 3. Results of embedding mitigation within the Appropriate Assessment.

5.7.3 Castle Point Borough Council is committed to ensuring that new residential development and any associated recreational disturbance impacts on European designated sites is avoided and mitigated to demonstrate compliance with the Conservation of Habitats and Species Regulations 2017 (as amended). It can therefore be concluded that there will be no adverse effect on integrity as a result of recreational disturbance.

5.7.4 There is currently insufficient detail about the proposed new access to Canvey Island, which may cross Holehaven Creek, for this HRA to conclude, beyond scientific doubt, that there will be no adverse effects on site integrity of the Thames Estuary & Marshes SPA & Ramsar site. Additional text has been proposed to ensure that there will be no Adverse Effects on Integrity of any Habitats Sites, including functionally- linked land. This must be addressed once there is further information to do so.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 121 Habitats Regulations Assessment

5.7.5 Given the limited information available on the third crossing the ‘mitigation’ in the Local Plan will need to consist of a policy framework that explicitly prevents a proposal coming forward unless it is able to demonstrate that adverse effects on the integrity of European sites can be avoided.

5.7.6 This is in line with advice from the European Court of Justice regarding the ‘tiering’ of HRAs where there are multiple levels of plan-making, recognising that the purpose of a high level plan is to set out broad policies and intentions without going into any detail. When the UK was first required to undertake HRA of plans, Advocate-General Kokott commented on the apparent tension between the requirements of the Habitats Directive and the intentionally vague nature of high-level strategic plans. She responded that to address this apparent tension ‘It would …hardly be proper to require a greater level of detail in preceding plans [rather than lower tier plans or planning applications] or the abolition of multi-stage planning and approval procedures so that the assessment of implications can be concentrated on one point in the procedure. Rather, adverse effects on areas of conservation must be assessed at every relevant stage of the procedure to the extent possible on the basis of the precision of the plan [emphasis added]. This assessment is to be updated with increasing specificity in subsequent stages of the procedure’ [i.e. for planning applications or lower tier plans] (Opinion of Advocate-General Kokott, 2005).

5.7.7 Explicitly enshrining the requirement for project-level HRA in the plans – since it is not possible to rule out adverse effects on the integrity of many European sites due simply to the high level nature of the plan policies, ‘down-the-line’ assessment becomes essential.

5.7.8 A monitoring and Iterative Plan Review (IPR) provision therefore needs to be embedded in the Local Plan. Monitoring is not mitigation; however, where there is a lack of detail over the precise effects of a plan (because, as in this case, the purpose of the plan is to set over-arching policy, not present specific proposals), an Iterative Plan Review process enables the delivery of development to be managed and the plan (and its HRA) to be updated in future reviews. It involves recognising the fact that development associated with policies in the plan will not be delivered all at once but piecemeal over the entire plan timetable. This process will involve a phased and iterative approach to plan-implementation which is linked to ongoing project developments and their associated monitoring work and with the findings from such project-level work feeding back into the next phases of plan-implementation. This is done so that results from monitoring data from consented projects and on-going research programmes can be fed into subsequent developments in order for lessons to be learnt and evidence gaps filled, thus reducing potential impacts to Habitats sites.

5.7.9 By monitoring air quality on roads within 200m of Habitats sites for potential impacts on Habitats Sites, these can be assessed for Local Plan reviews.

5.7.10 With the mitigation embedded as proposed in the sections above, the Castle Point Pre-Submission Local Plan is not predicted to have any adverse effect on integrity (AEOI) on any Habitats Sites, either alone or in combination with other plans and projects.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 122 Habitats Regulations Assessment

6. Recommendations

6.1 The Habitats Sites that have been considered within this HRA are:

o Benfleet and Southend Marshes SPA and Ramsar site o Blackwater Estuary SPA and Ramsar site o Foulness SPA and Ramsar site o Dengie SPA and Ramsar site o Crouch and Roach SPA and Ramsar site o Essex Estuaries SAC o Thames Estuary and Marshes SPA and Ramsar site o Outer Thames Estuary SPA

6.2 Potential impact pathways between the above Habitats Sites and the Joint Local Plan have been identified, considered and assessed, i.e. increases in habitat loss and fragmentation; loss of functionally linked land; disturbance, including recreational pressure; changes in water quality and quantity, increased flood risk, and air quality.

6.3 This AA has recommended a number of amendments to the Castle Point Pre-Submission Local Plan, including some amendments/additions to the text set out as proposed modifications. The summary table can be found in Appendix 3. Results of embedding mitigation within the Appropriate Assessment. This Table summarising the HRA’s assessment and recommendations, has been revised for the Pre- Submission Local Plan, including proposed modifications: The amendments include the following types of changes:

• Recommended policy wording changes (including consideration of plans as well as projects). • Safeguards within policy text. • To include the Thames Estuary and Marshes SPA and Ramsar site (as well as Benfleet and Southend Marshes) into designated site protection policies, due to the functionally linked land within the Borough. • Strengthening of the supporting text for NE7 (Pollution Control). • Use of Asset Management Plans (AMPs) to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. • To embed a monitoring and Iterative Plan Review (IPR) provision into the Local Plan as there is a lack of detail over the precise effects of Policy SP TP2 for a proposed new third access to Canvey Island. This will enable the delivery of development to be managed and the plan (and its HRA) to be updated in future reviews.

6.4 There is also a certain level of reliance on, and collaboration with, other strategic documents and bodies such as the Thames Estuary 2100 and Essex Local Transport Plan 2011. It is recommended that the following Policy is also incorporated into the South Essex Joint Plan:

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 123 Habitats Regulations Assessment

‘Development proposals will only be in accordance with this Local Plan and will only be granted permission if it can be demonstrated that there would be no adverse effect on the integrity of Benfleet and Southend Marshes SPA or Ramsar site, either alone or in combination with other projects’

6.5 The most important protection policy within the Local Plan is LP NE5 Ecologically Sensitive and Designated Sites and it is therefore proposed that amendments are still required for Policy and supporting text.

6.6 Many of the recommendations within the Appropriate Assessment are precautionary, to ensure that the Local Plan identifies clear mitigation needs and protects the Habitats sites from any project level impacts.

6.7 Where policies do not identify specific locations, define a fixed level of development or where the potential for significant effects relates to the possibility of development coming forward in a particular location or with particular characteristics is likely, the risks may be simply avoided with straightforward clarifications, which remove any uncertainty.

6.8 The recommendations to amend or add text to the policy include an explanation of how the policy should be implemented to prevent Adverse Effects on Site Integrity. This does not exclude the need for project level HRA but enables a conclusion of no adverse effects on integrity at the Plan level, because the identified risks to Habitats sites have been removed. Project level HRA provides a means of checking for any further risks unforeseen at the Plan level, and for developing project specific mitigation measures in greater detail within a project level AA. Clarification to remove AEOI can be achieved by adding to the supporting text e.g. “strategic projects may require joint working by public bodies to ensure the requirements of Habitats Regulations are met.”

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 124 Habitats Regulations Assessment

7. Summary and Conclusion

7.1 This Habitats Regulation Assessment, including Appropriate Assessment, considers the impacts arising from the Castle Point Pre-submission Local Plan, including proposed modifications. A number of amendments have been made to reflect the representations made at the recent consultation and the resulting proposed modifications made to the Pre-Submission Local Plan, including additional safeguards within policies and supporting text. Importantly, the Thames Estuary and Marshes SPA and Ramsar site (in addition to Benfleet and Southend Marshes SPA and Ramsar site) has now been screened in due to the presence of functionally linked land within Holehaven Creek SSSI.

7.2 The HRA Screening stage identified that, without mitigation, further consideration was required at the Appropriate Assessment stage to determine whether the Castle Point Local Plan, either alone or in- combination with other plans and projects, would adversely affect the integrity of Habitats sites as a result of various potential impact pathways, i.e. increases in habitat loss and fragmentation; loss of functionally- linked land; disturbance, including recreational pressure; changes in water quality and quantity, including increased flood risk, and air quality. These issues have been explored further through the Appropriate Assessment in relation to all aspects of the Pre-Submission Plan that were screened in. Several of the policies were found to reoccur several times due either to their potential to cause adverse effects through various impact pathways, or because of their importance in ensuring that the Plan would not cause adverse effects on the integrity of any Habitats Sites.

7.3 The summary Table set out in Appendix 3, which summarised the HRA’s assessment and recommendations, has been revised for the Modified Pre-Submission draft. It can be found here: Appendix 3. Results of embedding mitigation within the Appropriate Assessment.

7.4 With regards to habitat loss, the Appropriate Assessment considered the potential loss of parts of Habitat Sites through the flooding of Hadleigh Marshes in order to provide other compensatory habitat as proposed by the Thames 2100 Plan, or on a small scale through the enhancement of the seawalls. The Thames Estuary 2100 Plan has already considered these potential losses of habitat and recognises that compensation needs to be provided. This strategic project will require joint working by public bodies to ensure the requirements of Habitats Regulations are met.

75. Works to the seawall can be mitigated and land used reinforce the sea wall must be taken from the inland side to minimise habitat loss. Therefore, the Castle Point Pre-Submission Local Plan will not result in adverse effects on integrity of Habitats sites as a result of habitat loss, either alone or in-combination.

7.6 With regards to loss of functionally-linked land, the low-lying land on Canvey Island, Hadleigh Marshes and South Benfleet provides the most likely habitat opportunities (predominantly large fields comprising arable and pastoral land uses and coastal habitats) for the mobile qualifying features, particularly waders and wildfowl. Housing allocations were individually assessed to determine their suitability for supporting qualifying features. The assessment determined that these policies were not on land that could be deemed to be functionally-linked land. The assessment determined that each of these polices are of low or negligible suitability because of a combination of a range of negative factors. Most of the proposed development sites are generally situated within existing urban areas. Many are too small or too isolated; are the other side of the seawall from favoured habitat (with the wall itself providing a barrier); or they do not contain appropriate habitat; or have significant human disturbance and are therefore unlikely to realistically be functionally-linked land. It also considered the other policies which could be considered of importance in supporting the Thames Estuary and Marshes SPA and Ramsar site and Benfleet and

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 125 Habitats Regulations Assessment

Southend Marshes SPA and Ramsar site qualifying species, either individually or in-combination. This includes transport, Canvey Port development, Tidal Flood Risk Management Areas and employment land and changes to green belt land. It is considered that there will be no adverse effect on integrity of Habitats sites from Castle Point Pre-Submission Local Plan, providing that additional wording is embedded into a number of policies within the Plan, either alone or in combination.

7.7 With regards to water quality and quantity, the flat, low lying land of Canvey Island creates particular difficulties for managing water quality and quantity and the whole island is at risk from tidal and fluvial flooding. The steep rising land on the mainland can also cause significant surface water flooding. In times of high rain fall the Water Recycling Centres overflow into the Thames estuary creating potential water quality issues for Habitats Sites. Sustainable Drainage Systems (SuDS) have been identified as being crucial to prevent this by retaining water on site, thereby reducing the water going to Water Recycling Centres. While the Local Plan requires that each development site must offset its own increase in runoff, this HRA advises that SuDS should also be employed on a strategic scale, for example with a number of sites contributing to large scale jointly funded and managed SuDS scheme. It is therefore recommended that Castle Point Borough Council ensures that the relevant proposals of the Castle Point 6-Point Plan and South Essex Strategic Flood Risk Assessment are implemented – or alternative solutions found - prior to any further development proposed by the Local Plan for Canvey Island or South Benfleet. This can be supported by the drainage provider delivering relevant parts of the Castle Point Borough Infrastructure Delivery Plan.

7.8 The additional mitigation and amendments to polices provide assurance that this is a suitably robust approach to ensure that adverse effects on the integrity of Habitats sites as a result of change in water quality or quantity arising from Castle Point Pre Submission Local Plan would be avoided, either alone or in-combination.

7.9 With regards to disturbance, a number of polices were considered including transport and ports as well as housing and use of the Green Belt. The proposed third access for Canvey Island could cross Holehaven Creek Site of Special Scientific Interest (SSSI). This is potentially functionally-linked land and it would very likely cause disturbance to coastal birds, including Black-tailed Godwit, which is present in internationally important numbers. This is a strategic project set out within the Essex Local Transport Plan and Castle Point Infrastructure Delivery Plan and will require joint working by public bodies to ensure the requirements of Habitats Regulations are met. Castle Point Borough Council has worked with Natural England to find a mutually acceptable solution and additional text has been proposed for SP TP2 and its supporting text.

7.10 There is currently insufficient detail about the third access for this HRA to conclude, beyond scientific doubt, that there will be no adverse effects on site integrity of Thames Estuary & Marshes SPA & Ramsar site and any functionally-linked land. The potential for adverse effects must be addressed at the plan-level once there is further information to do so. Given the limited information available the ‘mitigation’ in the Local Plan will need to consist of a policy framework that explicitly prevents a proposal coming forward unless it is able to demonstrate that adverse effects on the integrity of European sites can be avoided.

7.11 Ports also have the potential to cause adverse effects through various means, such as disturbance, various forms of pollution (affecting water quality) and by the introduction of non-native invasive species. This HRA has considered the potential risk from shipping activity increasing invasive species being transported. Therefore, this HRA recommends that transport and port polices should ensure that they include additional text to explicitly require that there will be no adverse effect on site integrity and in many cases a project-level HRA will be required to demonstrate that there will be no Adverse Effect on the Integrity of any Habitats Sites.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 126 Habitats Regulations Assessment

7.12 Potential effects as a result of construction can generally be mitigated for example by requiring Construction Environment Management Plans and use of seasonal working. Policy LP NE7 (Pollution Control) supports this and the text should also provide additional text to explicitly require that there will be no adverse effect on site integrity.

7.13 With regards to recreational pressures, the implementation of a recreational avoidance and mitigation strategy (RAMS) is now a widely advocated means of mitigating impacts associated with recreational pressure at Habitats sites. Given that the Essex Coast RAMS has been adopted by all the partner Authorities, and the advice issued by Natural England to Castle Point BC, there is a high degree of confidence in the appropriateness and likely effectiveness of this strategic solution. The production and implementation of a RAMS which includes a commitment to regular monitoring, and which has the flexibility to adapt to findings and pre-empt impacts is considered likely to provide an effective form of mitigation and avoidance for recreational pressures on the Habitats sites. As a result, providing that a RAMS continues to be prepared by the Essex Authorities in accordance with the principles outlined in the HRA report, is developed in close consultation with Natural England, and is ready for implementation prior to adoption of the Plan, adverse impacts from recreational impacts on Habitats sites will be avoided. Therefore, the Castle Point Pre-Submission Local Plan will not result in adverse effects on the integrity of Habitats sites, either alone or in-combination with other plans and projects as a result of recreational impacts.

7.14 With regards to air quality, there were no new roads or significant road improvement schemes within 200 metres of a habitats site; however, the greatest concern is the proposed third access road onto Canvey Island which could cross Holehaven Creek Site of Special Scientific Interest, which is also functionally- linked land for the Thames Estuary and Marshes SPA and Ramsar site. This has also been raised as a potential disturbance issue and a project-level HRA will be required to demonstrate that there will be no adverse effect on the integrity of any Habitats sites.

7.15 A few housing allocations on Canvey Island will be situated close to Benfleet and Southend Marshes SPA and Ramsar site and could cause additional air pollution by the traffic that they generate. LP HO31 will be adjacent to Benfleet and Southend Marshes SPA and Ramsar site and is the closest housing allocation to a Habitats Site. This HRA proposes that the new housing site is accessed using the most inland road possible, to avoid bringing any additional traffic near the Habitats Sites. Air quality monitoring is proposed at several locations, at approximately 200 metres from Habitats Sites. By monitoring air quality on roads within 200m of Habitats sites for potential impacts on Habitats Sites, these can be assessed for Local Plan reviews. To view these please refer to the map in Appendix 9 Proposed Air Quality Monitoring Locations for Habitats Sites

7.16 On the whole, many potential adverse effects will be avoided with use of Construction Environment Management Plans. Project HRAs and policies requiring that there will be no adverse effect provide further certainty. This AA has recommended a number of wording amendments to the Castle Point Local Plan. These include the following types of changes:

o Recommended policy wording changes (including consideration of plans as well as projects).

o Recommend that the supporting text for the policy needs amending

o To incorporate the Thames Estuary and Marshes SPA and Ramsar site (as well as Benfleet and Southend Marshes) into designated site protection policies.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 127 Habitats Regulations Assessment

o To embed a monitoring and Iterative Plan Review (IPR) provision into the Local Plan as there is a lack of detail over the precise effects of Policy SP TP2 for a proposed new third access to Canvey Island. This will enable the delivery of development to be managed and the plan (and its HRA) to be updated in future reviews.

o Strengthening of the supporting text for NE7 (Pollution Control).

o Use of Asset Management Plans (AMPs) to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites.

7.17 This HRA also relies upon other partners to undertake a project level HRA for projects in which they are taking the lead, such as the Thames Estuary 2100 and Essex Local Transport Plan 2011.

7.18 In applying the HRA Test 2 –the integrity test at AA stage - based on the development type and proximity to Habitats sites, the potential for in combination effects resulting from other plans or projects has also been assessed and avoidance and/or mitigation measures have been considered. Embedded mitigation measures for projects will need to be considered in project level HRA/AA reports at application stage and secured by way of any planning consent. Therefore, there will be no need for further assessment for this Local Plan.

7.19 Consequently, this HRA report (including Appropriate Assessment) concludes that the Castle Point Pre- Submission Local Plan is not predicted to have any adverse effect on integrity (AEOI) on any Habitats Sites, either alone or in combination with other plans and projects.

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 128 Habitats Regulations Assessment

8. References

1. Air Pollution Information System (2011) www.apis.ac.uk 2. Anglian Water Asset Management Plan 3. Canvey Island Multi-Agency Partnership (2015) Canvey Island Point Six Point Plan 4. Castle Point Local Plan draft HRA, (2016) 5. Castle Point Borough Infrastructure Delivery Plan, July 2020 6. Environment Agency (2009) The South Essex Catchment Flood Management Plan: Summary Report 7. Environment Agency (2015) Water for Lives and Livelihoods: Thames River Basin Management Plan 8. Essex and Suffolk Water (2010) Water Resources Management Plan 2010-2035 9. Essex County Council- Flood and Water Management Map 10. Government information regarding Habitats Sites and their ‘zones of influence’: www.magic.defra. gov.uk (Multi Agency Geographic Information). 11. Integrated Urban Drainage Model (IUD the Environment Agency, Anglian Water and Essex County Council) 12. LUC (2018) Habitats Regulations Assessment 2018 for Basildon District Council 13. Natural England (2014) Conservation objectives for European Sites; 14. Natural England Conservation Advice for Marine Protected Areas Benfleet and Southend Marshes SPA: https://designatedsites.naturalengland.org.uk/Marine/MarineSiteDetail.aspx?SiteCode=UK900917 1&SiteName=ma&countyCode=&responsiblePerson=&SeaArea=&IFCAArea=. Click on the relevant Qualifying feature. 15. Natural England (2014) The Greater Thames Complex Site Improvement Plan 16. Natural England Designated Sites website Advice on Operations for Outfalls/ Intake pipes (maintenance/construction/usage): https://designatedsites.naturalengland.org.uk/Marine/FAPMatrix.aspx?SiteCode=UK9009171&Site Name=benfleet+and+southend+marshes&SiteNameDisplay=Benfleet+and+Southend+Marshes+ SPA&countyCode=&responsiblePerson=&SeaArea=&IFCAArea=) 17. Castle Point Borough Council Sequential and Exception Tests for Housing Site Options 18. (2012) The Hadleigh Farm & Country Park Olympic Legacy Project Wintering Birds Survey Report 19. Place Services (2018) Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) 20. Place Services (2019) Castle Point Local Plan HRA 21. Postlethwaite, C., URS Scott Wilson (2011) The South Essex Outline Water Cycle Study Technical Report

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 129 Habitats Regulations Assessment

22. Royal Society for the Protection of Birds (2019) High Tide Counts for West Canvey Marshes. 23. South Essex Strategic Green and Blue Infrastructure Strategy – Resilient by Nature (2020) 24. Savage, T. (2018) 2018 Air Quality Annual Status Report (ASR), May 2018 25. Tydlesley, D., and Chapman, C. (2013) The Habitats Regulations Assessment Handbook, (Feb 2019) edition UK: DTA Publications Limited. https://www.dtapublications.co.uk/ 26. Possible Impacts of Disturbance to Waterbirds: Individuals, Carrying Capacity and Populations (Maarten Platteeuw, and Rene J H G Henkensj)

Castle Point Borough Council Pre-Submission Local Plan 2018-2033 (including modifications) Page 130 Habitats Regulations Assessment

Appendices

Appendix 1. Strategic Housing Land Area App Assessment Local Plan Policy Site Name Capacity Reference

HO 9 Land west of Benfleet 850

HO 10 Land between Felstead Road and Catherine Road 101

HO 11 Land off Glyders 30

HO 12 Former WRVS Hall, Richmond Avenue 39

HO 13 Land east of Rayleigh Road 455

HO 14 Land at Brook Farm 173

HO 15 Land south of Scrub Lane 55

HO 16 Land at Oak Tree Farm 65

HO 17 Hadleigh Island, Hadleigh 52

HO 33 Land North of Grassmere Road and Borrowdale 30 Road

HO 19 Land at Glebelands 155

HO 20 The Chase 340

HO 21 Land fronting Rayleigh Road 60

HO 22 Land at Thames Loose Leaf 12

HO 23 Land east of Canvey Road 300

HO 24 Land west of Canvey Road 196

HO 25 Land at Thorney Bay 510

HO 26 Land at The Point 100

HO 27 Walsingham House 32

HO 28 Land at Admiral Jellicoe 40

HO 29 Land south of Haron Close 10

HO 30 Haystack car park 14

HO 31 Kings Park, Canvey 50

HO 32 244-258 London Road 50

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 131 Castle Point Borough Council Habitats Regulations Assessment

Appendix 2. HRA Screening of Individual Policies

Where mitigation is necessary to avoid Likely Significant Effects (LSE), then in line with CJEU People over Wind court ruling, this cannot be taken into consideration at HRA Screening Stage 1. Any policies providing mitigation are therefore also carried forward to Stage 2 Appropriate Assessment.

Policy Will Policy have Likely Significant Effect (LSE)

on the Habitats Sites?

nd nd

and

and

and

site

site site

Ramsar site Ramsar

Ramsar

Ramsar site Ramsar Ramsar site Ramsar

and

Marshes SPA Marshes a SPA Marshes

Foulness SPA Foulness

Crouch and Roach Roach and Crouch SPA Estuaries

Outer Thames SPA Thames Outer

Thames Estuary and and Estuary Thames

Essex Estuaries SAC Estuaries Essex

Benfleet and Southend Southend and Benfleet

Blackwater Estuary SPA Estuary Blackwater Dengie SPA and Ramsar and SPA Dengie

SP SD1 – Making Effective   Screen in. This is a general strategic policy, but will Use of Land need safeguards, given the proximity to the Habitats sites. As the potential impacts are not currently known, there is a potential for LSE. This could include water and air pollution; recreational disturbance; non-recreational disturbance; land take and loss of functionally linked land (off-site).

SP SD2 – Development Screen out. As this is a general strategic policy to Contributions ensure appropriate infrastructure capacity. It will be implemented through sub-ordinate policies.

SP HO1 – Housing         The policy must be screened is it refers to the strategy quantity of housing to be delivered by the Local

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 132 Castle Point Borough Council Habitats Regulations Assessment

Plan which is advised by Natural England to result

in LSE without mitigation from recreational disturbance. Consequently, as the potential impacts from these locations are not currently known, there is a potential for LSE. This could include water and air pollution; recreational disturbance; non-recreational disturbance; land take and loss of functionally linked land (off-site).

SP HO2 – Master Planning Screen out. This is a high level policy relating to improving the detailed planning of new major developments, including community engagement. No LSE.

SP HO3 – Housing mix Screen out. This is a criteria based policy relating to ensuring the appropriate type of new housing for the location in order to meet housing needs. No LSE.

SP HO4 – Securing more Screen out. This is a criteria based policy relating Affordable housing to the appropriate level of affordable housing within developments. No LSE.

SP HO5 – Preventing the Screen out. This is a criteria based policy relating loss of housing to retention of existing housing. No LSE.

SP HO6 Caravan and Park   Potential increased recreational disturbance by Homes increasing occupancy numbers in permanent caravan homes used as permanent accommodation. Therefore, the policy must be

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 133 Castle Point Borough Council Habitats Regulations Assessment

screened in, as there is potential for LSE without

mitigation.

SP HO7– Gypsy &  Screened in. No locations are yet identified. Traveller provision Potential for LSE if future Gypsy & Traveller provision are provided within areas close to Habitats Sites. Water and air/ noise pollution, recreational disturbance.

SP HO8- Residential Screened out. Criteria based policy defining what Annexes will be acceptable where an annexe is proposed within an existing property. NO LSE.

LP HO9 – Land west of    The allocated site is situated within the SSSI ZOI Benfleet for ticked Habitats Sites. Therefore, the policy must

be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance; and loss of functionally linked land (off-site).

LP HO10 – Land between   The allocated site is situated within the SSSI ZOI Felstead Road and for ticked Habitats Sites. Therefore, the policy must Catherine Road, Benfleet be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO11 – Land off   The allocated site is situated within the SSSI ZOI Glyders, Benfleet for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 134 Castle Point Borough Council Habitats Regulations Assessment

without mitigation. Water and air pollution;

functionally linked land; recreational disturbance.

LP HO12 – Site of the   The allocated site is situated within the SSSI ZOI Former WRVS Hall, for ticked Habitats Sites. Therefore, the policy must Richmond Avenue, be screened in, as there is potential for LSE Benfleet without mitigation. Water and air pollution; recreational disturbance.

LP HO13 – Land east of    The allocated site is situated within the SSSI ZOI Rayleigh Road, Hadleigh for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO14– Land at Brook    The allocated site is situated within the SSSI ZOI Farm for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO15 – Land south of    The allocated site is situated within the SSSI ZOI Scrub Lane, Hadleigh for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 135 Castle Point Borough Council Habitats Regulations Assessment

LP HO16 – Land at Oak    The allocated site is situated within the SSSI ZOI Tree Farm, Hadleigh for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO17 – Hadleigh    The allocated site is situated within the SSSI ZOI Island, Hadleigh for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO18- Land east of   The allocated site is situated within the SSSI ZOI Downer Road, Thundersley for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO33 Land north of   The allocated site is situated within the SSSI ZOI Grasmere Road and for ticked Habitats Sites. Therefore, the policy must Barrowdale Road, be screened in, as there is potential for LSE Thundersley without mitigation. Water and air pollution; recreational disturbance.

LP HO19 – Land at   The allocated site is situated within the SSSI ZOI Glebelands, Thundersley for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 136 Castle Point Borough Council Habitats Regulations Assessment

LP HO20 – The Chase,   The allocated site is situated within the SSSI ZOI Thundersley for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO21 – Land fronting   The allocated site is situated within the SSSI ZOI Rayleigh Road, for ticked Habitats Sites. Therefore, the policy must Thundersley be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO22 – Land at   The allocated site is situated within the SSSI ZOI Thames Loose Leaf, Kiln for ticked Habitats Sites. Therefore, the policy must Road, Thundersley be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO23– Land east of    The allocated site is situated within the SSSI ZOI Canvey Road, Canvey for ticked Habitats Sites. Therefore, the policy must Island be screened in, as there is potential for LSE without mitigation. Water and air pollution;

recreational disturbance; Non-recreational disturbance.

LP HO24 – Land west of    The allocated site is situated within the SSSI ZOI Canvey Road, Canvey for ticked Habitats Sites. Therefore, the policy must Island be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance; Non-recreational

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 137 Castle Point Borough Council Habitats Regulations Assessment

disturbance; loss of functionally linked land (off-

site).

LP HO25 – Land at    The allocated site is situated within the SSSI ZOI Thorney Bay, Canvey for ticked Habitats Sites. Therefore, the policy must Island be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance; loss of functionally linked land (off-site).

LP HO26 – Land at The    The allocated site is situated within the SSSI ZOI Point for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance; Non-recreational disturbance.

LP HO27 – Walsingham   The allocated site is situated within the SSSI ZOI House for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO28 – Land at the    The allocated site is situated within the SSSI ZOI Admiral Jellicoe for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 138 Castle Point Borough Council Habitats Regulations Assessment

LP HO29 – Land south of    The allocated site is situated within the SSSI ZOI Haron Close for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO30 – Haystack car    The allocated site is situated within the SSSI ZOI park for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

LP HO31 – Land at Kings    The allocated site is situated within the SSSI ZOI Park for ticked Habitats Sites. Therefore, the policy must be screened in, as there is potential for LSE

without mitigation. Water and air pollution; recreational disturbance; Non-recreational disturbance.

LP HO32 - Land at 244- The allocated site is situated within the SSSI ZOI 258 London Road, for ticked Habitats Sites. Therefore, the policy must Hadleigh be screened in, as there is potential for LSE without mitigation. Water and air pollution; recreational disturbance.

SP EC1 – Economic    Screen in. This is a strategic policy, but it aims to Strategy provide c.22 hectares of additional land for employment (business/industrial) as well as

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 139 Castle Point Borough Council Habitats Regulations Assessment

retention of existing employment land. Impacts are

not known and therefore lack uncertainty.

The 2016 Local Plan’s HRA stated that:

“This policy promoted economic growth. Ultimately, this impacts on wastewater production in the borough. If economic growth occurs in the Southend Wastewater area, then there is the risk that discharge consents will be exceeded potentially affecting water quality in the Thames Estuary and the Crouch and Roach Estuaries. Deterioration of water quality has the potential to cause harm to Habitats sites in and around these estuaries”

There is potential for LSE, e.g. water quality and quantity and air pollution.

SP EC2 – New    Screen in. Promotion of new employment land at Employment Land Manor Trading Estate, Charfleets Industrial Estate and South of Northwick Road. There is potential for LSE, e.g. water quality and quantity, air pollution and loss of functionally linked land (off-site).

LP EC3 – Canvey Seafront  Screen in. Potential for LSE upon Benfleet and entertainment area Southend SPA and Ramsar site without mitigation. Potential for water and air pollution.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 140 Castle Point Borough Council Habitats Regulations Assessment

LP EC4 – Canvey Port       Screen in due to the proximity of port area to Facilities Thames, the type of facility and potential need for mitigation. Previous HRA 2016 stated:

“The policy promotes the retention and certain types of future development around the hazardous installations at south Canvey subject to certain criteria. These installations are port reception facilities, and increased shipping to service changes at these facilities may have an impact on Habitats Sites along the shipping route to this site. In particular, there is a risk that additional ships will increase physical disturbance due to the wash they generate. There is also a risk of additional water pollution, both from increased shipping activity and also if there were to be a potential leak associated with the ship’s cargo. Finally, ships involved in the movement of oil and gas typically operate across the globe, and as a consequence this is a risk that increased shipping activity will increase the risk of biological disturbance in the marine elements of these Habitats Sites through the transportation of ‘alien’ species on the hulls of ships.”

SP TC 1 – Town Centre    Screen in. Potential for LSE without mitigation. Strategy Previous Local Plan HRA 2016 states:

“This policy promotes retail growth. Ultimately, this impacts on wastewater consumption in the borough. If retail growth occurs in the Southend

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 141 Castle Point Borough Council Habitats Regulations Assessment

Wastewater area, then there is the risk that

discharge consents will be exceeded potentially affecting water quality in the Thames Estuary and Crouch and Roach Estuaries. Deterioration of water quality has the potential to cause harm to Habitats Sites in and around these estuaries.”

LP TC2 -Canvey Town Screen in. Policy mainly to improve the viability and Centre and Hadleigh Town vitality of the town centre. Potential for LSE upon Centre Regeneration neighbouring Habitats Site without mitigation. Water and air pollution, disturbance.

2016 HRA states:

“This policy promotes retail growth in Hadleigh Town Centre. Hadleigh Town Centre is within the Southend Wastewater area, and therefore increases the potential for discharge consents to be exceeded. This may affect water quality in the Thames Estuary and Crouch and Roach Estuaries. Deterioration of water quality has the potential to cause harm to Habitats Sites in and around these estuaries.”

LP TC3 – Local Shopping Screen out as this is a general policy. No LSE Parades

LP TC4 – Out of Centre  Screen in. Policy promotes two out of town Retail Parks shopping centres- Stadium Way, Thundersley and Northwick Rd, Canvey Island. Potential for LSE

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 142 Castle Point Borough Council Habitats Regulations Assessment

upon neighbouring Habitats Site without mitigation

at Northwick Road. Water and air pollution.

LP TC5 – South Benfleet  Screen in. Potential for LSE without mitigation. Leisure Quarter Water and air pollution.

SP TC6 - Fast Food Screen out. Criteria based policy. No LSE Outlets

SP HS1 – Strategy for Screen out. This is a strategic policy relating to Healthy Communities creating healthy, active, inclusive communities. No LSE

LP HS2 – Opportunities for Screen out. This policy seeks to promote Indoor Leisure and Sports opportunities for indoor sport and leisure facilities. No LSE.

LP HS3 – Opportunities for    Screen in. This policy encourages outdoor Outdoor Recreation recreation and seeks to ensure that there is adequate provision provided as part of new developments. South Essex Joint Strategic Plan open space assessment referred to which will advise on additional provisions. Policy refers to the need to ‘manage recreational pressures on areas of nature conservation interest’ but not explicitly Habitats sites. Potential for LSE without mitigation. Water and air pollution, recreational disturbance; loss of functionally linked land (off-site).

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 143 Castle Point Borough Council Habitats Regulations Assessment

A project level HRA would be required at

application stage.

LP HS4 – Education, Skills Screen out. This is a criteria based policy relating and Learning to ensuring adequate future provision and improving the quality and choice of education and learning opportunities in Castle Point. No LSE

LP HS5 – Health and Screen out. Policy relating to improving health and Social Care Facilities social care within the Borough. No LSE.

LP HS6 – Community         Screen in. This policy provides for new community Facilities areas as well as improving existing facilities- including The Paddocks on Canvey Island. Policy lacks text to provide certainty and will need to refer to project level HRA at application stage. Potential for LSE without mitigation. Water and air pollution, recreational disturbance; loss of functionally linked land (off-site).

LP HS7 – Open Spaces; Screen in. This policy aims to retain and improve Allotment Gardens; and existing open spaces. But there is uncertainty as to Playing Fields associated whether there could be LSE due to the wording of with Educational Uses the policy.

SP TP1 – Transport      Screen in. Largely a criterion based policy to Strategy deliver improvements to transport networks. Policy promotes potential for the River Thames to provide transport facilities. Potential for LSE upon Habitats Sites without mitigation. E.g. water and air

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 144 Castle Point Borough Council Habitats Regulations Assessment

pollution; disturbance; loss of functionally linked

land (off-site).

LP TP2 – Improvements      Screen in. Policy promotes various improvements and Alterations to Highway and alterations to carriageway infrastructure, some Infrastructure of which have the potential for LSE upon neighbouring Habitats Site without mitigation. Includes various road improvements on Canvey Island. Water and air pollution; non-recreational disturbance; land take and loss of functionally linked land (off-site).

LP TP3 – Improvements to   Screen in. There is potential for LSE. Footpaths, Bridleways and 2016 HRA states: Cycling Infrastructure This policy promotes improvements to the cycle network in Castle Point. Whilst cycling is generally a sustainable mode of transport, there are risks associated with the cycle routes associated with the Olympic Legacy Project at Hadleigh Farm and Improvements to the Thames Estuary Path. Hadleigh Farm is adjacent to the Benfleet and Southend Marshes SPA and Ramsar site, and therefore there are risks associated with physical and nonphysical disturbance of habitats and ecology arising from cycling in this area of the Habitat Sites. Recreational Disturbance.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 145 Castle Point Borough Council Habitats Regulations Assessment

SP TP4 – Improvements to Screen out. This policy relates to improving public Public Transport transport infrastructure. No LSE. Infrastructure and Services

SP TP5 - Highway Impact Screen out. Policy aims to ensure that additional impacts to the road network caused by development are minimised.

SP TP6: Safe and Screen out. This is a policy to help improve safety Sustainable Access for all road users. Doesn’t encourage development. No LSE.

SP TP7 – Parking Screen out. This is a policy to ensure adequate Provision parking provision for all, in line with the Essex Vehicle Parking Standards. No LSE.

SP TP8 – Access for Screen out. This is a criteria based policy relating Servicing to ensuring that properties can be access by delivery vehicles and waste collection operatives. No LSE.

SP CM1 – Screen out. This is a criteria based policy relating Communications to improving communications infrastructure. No Infrastructure Strategy LSE.

SP DS1 – General Design Screen out. General criteria design policy to Principles improve quality, attractiveness, design, healthy and active lifestyles within the urban environment, which would not lead to LSE.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 146 Castle Point Borough Council Habitats Regulations Assessment

SP DS2 – Landscaping Screen out. Policy encourages planting including locally appropriate species, promoting biodiversity and incorporating SuDS.

SP DS3 – Advertisements Screen out. General policy relating to advertisements. No LSE.

SP DS4 – The Appearance Screen out. Criterion based policy relating to of Business Premises improving the appearance of business premises. No LSE.

LP DS 6 – Public Art & Screen out. Criterion based policy relating to public Interpretation art. No LSE.

SP GB1 – Green Belt      Screen in. This is a positive policy to protect Green Strategy Belt within the Borough but considers that some development may be appropriate. Potential for LSE. Air and water pollution; recreational disturbance, loss of functionally linked land (off- site).

SP GB2 – New        Screen in. Some development may be allowed Development in the Green within the Green Belt. There is potential for LSE. Belt Air and water pollution; recreational disturbance, loss of functionally linked land (off-site).

SP GB3 – Extensions and Screen out. Criteria based policy relating to Alterations to, and extensions and alterations to buildings in the Green Belt and how buildings can be replaced. No LSE.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 147 Castle Point Borough Council Habitats Regulations Assessment

Replacements of Buildings in the Green Belt

LP GB4 - Limited Infill -     Screen in. Policy allows new dwellings in specific Special Policy Areas areas. There is potential for LSE. Air and water pollution; disturbance.

SP GB 5 – Change of Use     Screen in. Criteria based policy regarding change of Buildings and Land in of use of buildings and land in the Green Belt. the Green Belt Insufficient certainty that no LSE. Air and water pollution; recreational disturbance, loss of functionally linked land (off-site).

LP GB6– Ancillary Screen out. Criteria based policy regarding Buildings and Structures in ancillary buildings and structures in the Green Belt. the Green Belt No LSE.

SP GB7- Positive uses in   Screen in. This policy encourages access, outdoor the Green Belt sport and recreation. Potential for LSE without mitigation. Air and water pollution; recreational disturbance, loss of functionally linked land (off- site). Policy needs to provide additional text to refer to project level HRA.

SP GB8 – Enclosure and Screen out. Policy relates to enclosures and Boundary Treatment in the boundaries of the Green Belt. No LSE Green Belt

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 148 Castle Point Borough Council Habitats Regulations Assessment

SP CC1 – Responding to Screen in. This is a positive high level strategic Climate Change policy aiming to help deal with climate change.). Policy needs to provide additional text to refer to project level HRA.

LP CC2 – Tidal Flood Risk       Screen in. There is potential for LSE without Management Area mitigation (or compensation) due to direct Habitats Site land take; loss of functionally linked land (off- site); water and air pollution; and non-recreational disturbance.

SP CC3 – Non-Tidal Flood    Screen in. This policy aims to prevent non-tidal Risk Management flooding e.g. by attenuating run-off & requires retention of existing water features, incorporation of SuDS into developments and is based upon other pre-existing flooding and drainage documents. However, there is no consideration of the potential to significantly affect Habitats Sites. Possible water quantity and quality issues.

SP CC4 – Sustainable Screen out. This policy should have a positive Buildings effect. This policy aims to ensure buildings are sustainable. No LSE.

SP NE1 – Green        Screen in. Although this policy it positive it also Infrastructure and the encourages recreation (disturbance) and may undeveloped Coast therefore require mitigation.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 149 Castle Point Borough Council Habitats Regulations Assessment

LP NE2 –Protection of  Screen in. This policy aims to protect historic historic natural landscapes natural landscapes- The Daws Heath, Hadleigh Castle and Marshes, and Canvey Marshes historic

natural landscapes. Possible LSE without mitigation. Loss of functionally linked land (off-site), air and water pollution; disturbance.

LP NE3 – The Green Lung Screen out. This is a positive policy aiming to protect the Borough’s ‘Green Lung’ ecological corridor from development, No LSE.

LP NE4 – Local Wildlife Screen out. This is a positive policy aiming to Sites protect Local Wildlife Sites. No LSE.

SP NE5 – Ecologically         Screen in. This is a positive policy aiming to protect Sensitive and Designated Habitats Sites, including through the Essex Coast Sites RAMS in partnership with most of the other local authorities in Essex. This approach has been agreed with Natural England. However, other mitigation may also be required for other (non- recreational) potential impacts. Therefore, the text needs amending to be fully effective.

LP NE6 – Protecting and Screen out. This is a positive policy which aims to Enhancing the Landscape protect and enhance landscape features. No LSE. and Landscape Features

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 150 Castle Point Borough Council Habitats Regulations Assessment

SP NE7– Pollution Control         Screen in. This policy aims to provide prevent and manage pollution and provide mitigation, but there is no explicit protection for Habitats sites.

CPBLP “The Environment Agency's Thames River Basin Management Plan shows that the lower Thames Estuary is of a moderate quality in terms of its ecological status and is failing to achieve a good chemical status.”

18.74 “The South Essex Water cycle Study identifies that new development in South Essex is likely to impact on water quality…….

It is preferable to ensure that water efficiency is achieved, and SUDS are delivered as part of new development proposals in order to minimise impacts on drainage infrastructure, as required by the Thames River Basin Management Plan.”

SP NE8 – Development on Screen out. General policy to ensure that the public Contaminated Land and environment would not be adversely affected by development on contaminated land. No LSE.

LP NE9 – Developments Screen out. In principle policy to prevent near Hazardous Uses development near hazardous installations. No LSE

LP NE10 – Ensuring         Screen in. This policy incorporates mitigation and Capacity at Water aims to prevent pollution (storm discharges ) to Recycling Centres Habitats Sites within the Thames and Crouch estuaries and by ensuring that there is adequate

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 151 Castle Point Borough Council Habitats Regulations Assessment

capacity at water recycling centres and surface

water is managed more effectively on site through SuDS, in line with the South Essex Water Cycle Study.

SP HE1 – Conserving and Screen out. Criteria based policy to conserve and Enhancing the Historic enhance the historic environment. No LSE. Environment

Policy MR 1 Monitoring and Screen out. The policy sets out the Monitoring Review Framework including a set of objectives, indicators and targets to enable monitoring and review of the Local Plan. No LSE.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 152 Castle Point Borough Council Habitats Regulations Assessment

Appendix 3. Results of embedding mitigation within the Appropriate Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

SP SD1 – Making Effective Use Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity of Land text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. Project level AA will be required at application However, Thames Estuary and Marshes SPA and stage. Ramsar site should be added to the policy (in addition to Benfleet and Southend Marshes SPA or Ramsar site).

SP HO1 – Housing strategy Strategic mitigation is required (e.g. Essex Coast No change needed No adverse effects on site integrity RAMS) for residential allocation policies for sites with mitigation embedded. within the overall Zone of Influence, as well as site based mitigation.

SP HO6 -Caravan & Park Strategic mitigation is required (e.g. Essex Coast We support Natural England’s comments where the No adverse effects on site integrity Homes RAMS) for residential allocation policies for sites Plan refers to caravans or park homes for tourism with mitigation embedded. within the overall Zone of Influence, as well as purposes in HO6. We would advise this policy is site based mitigation. amended to reference potential impacts upon designated sites and the requirement for a project level HRA where there is potential for harmful impacts

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 153 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

SP HO7– Gypsy & Traveller Strategic mitigation is required (e.g. Essex Coast Recommendations from HRA 2019 have now been No adverse effects on site integrity provision RAMS) for residential allocation policies for sites included in Modified Local Plan 2020. with mitigation embedded. within the overall Zone of Influence, as well as In addition, the following text should be added: site based mitigation. • Thames Estuary and Marshes SPA and Amend supporting text and strengthen Policy Ramsar (in addition to Benfleet and Southend text to explicitly ensure that there will be no AEOI. Marshes SPA or Ramsar site). Project level AA will be required at application • Refer to ‘plans’ as well as ‘projects’. stage

LP HO9 – Land west of Benfleet Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO10 – Land between Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Felstead Road and Catherine RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. Road, Benfleet within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO11 – Land off Glyders, Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Benfleet RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I). Project level HRA needed

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 154 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO12 – Site of the Former Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity WRVS Hall, Richmond Avenue, RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. Benfleet within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO13 – Land east of Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Rayleigh Road, Hadleigh RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

SP HO14 – Land at Brook Farm Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO15 – Land south of Scrub Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Lane, Hadleigh RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO16 – Land at Oak Tree Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Farm, Hadleigh RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 155 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO17 – Hadleigh Island, Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Hadleigh RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO18 - Land east of Downer Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Road, Thundersley RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO33 Land north of Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Grasmere Road and RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. Barrowdale Road, Thundersley within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO19 – Land at Glebelands. Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Thundersley RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO20 – The Chase, Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Thundersley RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 156 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO21 – Land fronting Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Rayleigh Road, Thundersley RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO22 – Land at Thames Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Loose Leaf, Kiln Road, RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. Thundersley within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

LP HO23 – Land east of Canvey Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Road, Canvey Island RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed. SuDS have already been embedded within this This is covered by NE7 and NE10. In addition, the policy. However, there is a high flood risk on following details should be embedded into this policy: Canvey Island and, in order to ensure that in ‘Asset Management Plans (AMPs) should be used to combination effects are prevented, the Plan must deliver relevant sections of the Infrastructure Delivery ensure that the relevant proposals of the Castle Plan –and therefore elements of the Six-Point Plan - Point 6-Point Plan and South Essex Strategic aimed at increasing capacity and avoiding water Flood Risk Assessment – or alternative solutions pollution to SPAs and Ramsar sites. This mitigation found - prior to any further development should be secured at application stage for new proposed by the Local Plan for Canvey Island or housing allocations on Canvey Island’. South Benfleet.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 157 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO24 – Land west of Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Canvey Road, Canvey Island RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this This is covered by NE7 and NE10. policy. However, there is a high flood risk on In addition, the following details should be embedded Canvey Island and, in order to ensure that in into this policy: combination effects are prevented, the Plan must ‘Asset Management Plans (AMPs) should be used to ensure that the relevant proposals of the Castle deliver relevant sections of the Infrastructure Delivery Point 6-Point Plan and South Essex Strategic Plan –and therefore elements of the Six-Point Plan - Flood Risk Assessment – or alternative solutions aimed at increasing capacity and avoiding water found - prior to any further development pollution to SPAs and Ramsar sites. This mitigation proposed by the Local Plan for Canvey Island or should be secured at application stage for new South Benfleet. housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 158 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO25 – Land at Thorney Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Bay, Canvey Island RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this This is covered by NE7 and NE10. policy. However, there is a high flood risk on In addition, the following details should be embedded Canvey Island and, in order to ensure that in into this policy: combination effects are prevented, the Plan must ‘Asset Management Plans (AMPs) should be used to ensure that the relevant proposals of the Castle deliver relevant sections of the Infrastructure Delivery Point 6-Point Plan and South Essex Strategic Plan –and therefore elements of the Six-Point Plan - Flood Risk Assessment – or alternative solutions aimed at increasing capacity and avoiding water found - prior to any further development pollution to SPAs and Ramsar sites. This mitigation proposed by the Local Plan for Canvey Island or should be secured at application stage for new South Benfleet. housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 159 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO26 – Land at The Point Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this policy. However, there is a high flood risk on Air Quality monitoring should be undertaken as part of Canvey Island and, in order to ensure that in any development in this location. Baseline data should combination effects are prevented, the Plan must be submitted as part of any planning application to ensure that the relevant proposals of the Castle support the project- level HRA. Point 6-Point Plan and South Essex Strategic

Flood Risk Assessment – or alternative solutions This is covered by NE7 and NE10. found - prior to any further development proposed by the Local Plan for Canvey Island or In addition, the following details should be embedded South Benfleet into this policy: • ‘Asset Management Plans (AMPs) should Amend supporting text and strengthen Policy be used to deliver relevant sections of the text to explicitly ensure that there will be no AEOI. Infrastructure Delivery Plan –and therefore Project level AA will be required at application elements of the Six-Point Plan - aimed at increasing capacity and avoiding water stage. pollution to SPAs and Ramsar sites. This Monitoring will be required for potential air quality mitigation should be secured at application stage for new housing allocations on impacts on roads within 200m of a Habitats site. Canvey Island’. • Refer to ‘plans’ as well as ‘projects’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 160 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO27 – Walsingham House Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

This is covered by NE7 and NE10. In addition, the following details should be embedded into this policy: ‘Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. This mitigation should be secured at application stage for new housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 161 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO28 – Land at the Admiral Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Jellicoe RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this policy. However, there is a high flood risk on This is covered by NE7 and NE10. In addition, the Canvey Island and, in order to ensure that in following details should be embedded into this policy: combination effects are prevented, the Plan must ‘Asset Management Plans (AMPs) should be used to ensure that the relevant proposals of the Castle deliver relevant sections of the Infrastructure Delivery Point 6-Point Plan and South Essex Strategic Plan –and therefore elements of the Six-Point Plan - Flood Risk Assessment – or alternative solutions aimed at increasing capacity and avoiding water found - prior to any further development pollution to SPAs and Ramsar sites. This mitigation proposed by the Local Plan for Canvey Island or should be secured at application stage for new South Benfleet. housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 162 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO29 – Land south of Haron Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity Close RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this policy. However, there is a high flood risk on This is covered by NE7 and NE10. In addition, the Canvey Island and, in order to ensure that in following details should be embedded into this policy: combination effects are prevented, the Plan must ‘Asset Management Plans (AMPs) should be used to ensure that the relevant proposals of the Castle deliver relevant sections of the Infrastructure Delivery Point 6-Point Plan and South Essex Strategic Plan –and therefore elements of the Six-Point Plan - Flood Risk Assessment – or alternative solutions aimed at increasing capacity and avoiding water found - prior to any further development pollution to SPAs and Ramsar sites. This mitigation proposed by the Local Plan for Canvey Island or should be secured at application stage for new South Benfleet. housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 163 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO30 – Haystack car park Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed SuDS have already been embedded within this policy. However, there is a high flood risk on This is covered by NE7 and NE10. In addition, the Canvey Island and, in order to ensure that in following details should be embedded into this policy: combination effects are prevented, the Plan must ‘Asset Management Plans (AMPs) should be used to ensure that the relevant proposals of the Castle deliver relevant sections of the Infrastructure Delivery Point 6-Point Plan and South Essex Strategic Plan –and therefore elements of the Six-Point Plan - Flood Risk Assessment – or alternative solutions aimed at increasing capacity and avoiding water found - prior to any further development pollution to SPAs and Ramsar sites. This mitigation proposed by the Local Plan for Canvey Island or should be secured at application stage for new South Benfleet. housing allocations on Canvey Island’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 164 Castle Point Borough Council Habitats Regulations Assessment

LP HO31 – Land at Kings Park Strategic mitigation is required (e.g. Essex Coast This is covered by NE7 and NE10. No adverse effects on site integrity

RAMS) for residential allocation policies for sites In addition, the following details should be embedded with mitigation embedded. within the overall Zone of Influence, as well as into this policy: site based mitigation. • ‘Asset Management Plans (AMPs) should SuDS have already been embedded within this be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore policy. However, there is a high flood risk on elements of the Six-Point Plan - aimed at Canvey Island and, in order to ensure that in increasing capacity and avoiding water combination effects are prevented, the Plan must pollution to SPAs and Ramsar sites. This mitigation should be secured at application ensure that the relevant proposals of the Castle stage for new housing allocations on Point 6-Point Plan and South Essex Strategic Canvey Island’. Flood Risk Assessment – or alternative solutions • Refer to ‘plans’ as well as ‘projects’. found - prior to any further development proposed by the Local Plan for Canvey Island or HO31-3e Vehicular access through the existing Kings South Benfleet. Park Village. This should be more explicit that Creek Amend supporting text and strengthen Policy Road should not be used where it falls close to the text to explicitly ensure that there will be no AEOI. SPA and Ramsar site. Project level AA will be required at application

stage. Air Quality monitoring should be undertaken as part of Ensure vehicular access uses southern inland any development in this location. Baseline data should road rather than more than road adjacent to be submitted as part of any planning application to seawall. support the project- level HRA. Monitoring will be required for potential air quality

impacts as the road is within 200m of the Provision of Green Infrastructure needed for daily Habitats site. recreational needs of new residents to divert and deflect visitors from Habitats sites in line with NE advice to LPA (Annex I) Project level HRA needed0

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 165 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HO32 - Land at 244-258 Strategic mitigation is required (e.g. Essex Coast Provision of Green Infrastructure needed for daily No adverse effects on site integrity London Road, Hadleigh RAMS) for residential allocation policies for sites recreational needs of new residents to divert and with mitigation embedded. within the overall Zone of Influence, as well as deflect visitors from Habitats sites in line with NE site based mitigation. advice to LPA (Annex I) Project level HRA needed

SP EC1 –Economic Land Amend supporting text and strengthen Policy This is covered by NE5. No adverse effects on site integrity Supply text to explicitly ensure that there will be no AEOI. with mitigation embedded. Project level AA will be required at application stage.

SP EC2 – New Employment Amend supporting text and strengthen Policy Recommendations from HRA 2019 have not been No adverse effects on site integrity Land text to explicitly ensure that there will be no AEOI. included in Local Plan 2020. Recommendations are with mitigation embedded. Project level HRA required for employment area set out in the HRA above (5.2.47). Policy text should at southwest edge of Canvey Island golf course, be strengthened to ensure no AEOI. as identified on proposals map.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 166 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP EC3 – Canvey Seafront Amend supporting text and strengthen Policy Re-categorised to Category C in view of RSPB No adverse effects on site integrity entertainment area text to explicitly ensure that there will be no AEOI. consultation response. with mitigation embedded. Project level AA will be required at master plan/ The Modified Plan has incorporated appropriate text application stage. into LP EC3. Policy should be amended to refer to ‘plans’ as well as ‘projects’.

LP EC4 – Canvey Port Facilities Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. Project level AA will be required at application In addition, the following text should be added: stage. • Thames Estuary and Marshes SPA and Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). • Refer to ‘plans’ as well as ‘projects’.

SP TC1 – Town Centre Strategy No change to policy but this AA identifies the This is covered by NE7. No adverse effects on site integrity need for project level HRAs for Canvey Town with mitigation embedded. Centre at application stage e.g. to cover construction impacts and good practice in relation to run off, air quality during construction, on site silt management etc. to secure a CEMP (Biodiversity) as a condition of any consent issued.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 167 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP TC2 -Canvey Town Centre No change to policy but this AA identifies the This is covered by NE7. No adverse effects on site integrity and Hadleigh Town Centre need for project level HRAs at application stage with mitigation embedded. Regeneration e.g. to cover construction impacts and good practice in relation to run off, air quality during construction, to secure a CEMP (Biodiversity) as a condition of any consent issued.

LP TC4 – Out of Centre Parks No change to policy but this AA identifies the This is covered by NE7. No adverse effects on site integrity need for project level HRAs at application stage with mitigation embedded. e.g. to cover construction impacts and good practice in relation to run off, air quality during construction, to secure a CEMP (Biodiversity) as a condition of any consent issued.

LP TC5 – South Benfleet No change to policy but this AA identifies the This is covered by NE7. No adverse effects on site integrity Leisure Quarter need for project level HRAs at application stage with mitigation embedded. e.g. to cover construction impacts and good practice in relation to run off, air quality during construction, to secure a CEMP (Biodiversity) as a condition of any consent issued.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 168 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HS3 – Opportunities for Amend supporting text and strengthen Policy Policy text changed in 2020 by adding ‘jetties’ to policy No adverse effects on site integrity Outdoor Recreation text to explicitly ensure that there will be no AEOI. plus now refers to Thames Vision – Sports Opportunity with mitigation embedded. Project level AA may be required at application Zones in 13.36. stage. No specific notes in HRA 2019 and so not Policy text needs a safeguard adding as follows: changed in 2020. Further assessment will be required once additional project information is available in order to undertake a project level HRA. This may involve gathering baseline data to enable an appropriate assessment to be made to demonstrate, beyond scientific doubt, that there will be no adverse effects on integrity.

LP HS6 – Community Facilities Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. Project level AA may be required at application In addition, the following text should be added: stage. • Thames Estuary and Marshes SPA and Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). • Refer to ‘plans’ as well as ‘projects’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 169 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP HS7 – Open Spaces; Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity Allotment Gardens; and Playing text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. Fields associated with Project level AA may be required at application In addition, the following text should be added: Educational Uses stage. • Thames Estuary and Marshes SPA and Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). • Refer to ‘plans’ as well as ‘projects’.

SP TP1 – Transport Strategy Strategic projects will require joint working by Recommendations from HRA 2019 have now been No adverse effects on site integrity public bodies to ensure the requirements of included in Modified Local Plan 2020. with mitigation embedded. Habitats Regulations are met. In addition, the policy should refer to ‘plans’ as well as Amend supporting text and strengthen Policy ‘projects’. text to explicitly ensure that there will be no AEOI. Project level AA may be required at application stage.

LP TP2 – Improvements and Amend supporting text and strengthen Policy Policy and supporting text has been amended in No adverse effects on site integrity Alterations to Highway text to explicitly ensure that there will be no AEOI. discussion with Natural England. with mitigation embedded. Infrastructure Project level AA may be required at application Proposed amendments are set out within this HRA. stage.

Monitoring will be required for potential air quality

impacts at site of the new third crossing into Canvey Island, at Holehaven Creek SSSI.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 170 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP TP3 – Improvements to No change to Policy but this AA identifies the HRA has amended to Category C (from B) in view of No adverse effects on site integrity Active Travel Infrastructure need for project level HRAs at application stage the RSPB’s representation: “whilst the RSPB is with mitigation embedded. for projects within the Impact Risk Zone of supportive of people accessing and enjoying nature, it Benfleet and Southend Marshes SPA and is imperative that this is done so in a sensitive and Ramsar site. sustainable manner given the known detrimental This should cover recreational disturbance and impacts of recreational disturbance on species and construction impacts and good practice in habitats.” relation to run off, air quality during construction This is covered by NE5 and NE7. to secure a CEMP (Biodiversity) as a condition of any consent issued.

SP GB1 – Green Belt Strategy No change to Policy but this AA identifies the This covered by NE5 and NE7. No adverse effects on site integrity need for project level HRAs at application stage with mitigation embedded. for projects within the Impact Risk Zone of Benfleet and Southend Marshes SPA and Ramsar site. This should cover recreational disturbance and construction impacts and good practice in relation to run off, air quality during construction to secure a CEMP (Biodiversity) as a condition of any consent issued.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 171 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP GB2 – New Development in Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity the Green Belt text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. Project level AA may be required at application In addition, the following text should be added: stage. • Thames Estuary and Marshes SPA and Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). • Refer to ‘plans’ as well as ‘projects’.

LP GB4 Limited Infill - Special No change to Policy but this AA identifies the Covered by NE5 and NE7 No adverse effects on site integrity Policy Areas need for project level HRAs at application stage with mitigation embedded. for projects within the Impact Risk Zone of Benfleet and Southend Marshes SPA and Ramsar site. This should cover recreational disturbance and construction impacts and good practice in relation to run off, air quality during construction to secure a CEMP (Biodiversity) as a condition of any consent issued.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 172 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP GB5 – Change of Use of No change to Policy but this AA identifies the Covered by NE5 and NE7 No adverse effects on site integrity Buildings and Land in the Green need for project level HRAs at application stage with mitigation embedded. Belt for projects within the Impact Risk Zone of Benfleet and Southend Marshes SPA and Ramsar site. This should cover recreational disturbance and construction impacts and good practice in relation to run off, air quality during construction to secure a CEMP (Biodiversity) as a condition of any consent issued.

SP GB7- Positive uses in the Amend supporting text and strengthen Policy Covered by NE5 and NE7. No adverse effects on site integrity Green Belt text to explicitly ensure that there will be no AEOI. In addition, part 2 of SP GB7 also needs safeguards with mitigation embedded. for functionally- linked land. Recommended text is provided within the HRA above.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 173 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP CC2 – Tidal Flood Risk Compensation will be required for potential loss Recommendations from HRA 2019 have now been No adverse effects on site integrity Management Area of habitat within the SPA and supporting land included in Modified Local Plan 2020. with mitigation embedded. neighbouring through TE2100 Plan. Strategic A 19m buffer is proposed next to existing flood projects will require joint working by public bodies defences to ensure the requirements of Habitats Regulations are met. Land used reinforce the sea wall must be taken from the inland side to minimise habitat loss. Amend supporting text and wording of Policy. Project level AA will be required at application stage.

SP CC3 – Non-Tidal Flood Risk Strategic projects will require joint working by Covered by NE10 No adverse effects on site integrity Management public bodies to ensure the requirements of with mitigation embedded. Habitats Regulations are met. SuDS are essential in high flood risk areas, especially Canvey Island, South Benfleet and Hadleigh marshes. The relevant proposals of the Castle Point 6- Point Plan and South Essex Strategic Flood Risk Assessment are implemented – or alternative solutions found - prior to any further development proposed by the Local Plan for Canvey Island or South Benfleet.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 174 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

SP NE1 – Green Infrastructure Amend supporting text and strengthen Policy Recommendations from HRA 2019 have now been No adverse effects on site integrity and the undeveloped Coast text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. with mitigation embedded. In addition, the following text should be added: • Thames Estuary and Marshes SPA and Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). • Refer to ‘plans’ as well as ‘projects’.

LP NE2 – Protection of historic Amend supporting text and strengthen Policy Recommendations from HRA 2019 have not been No adverse effects on site integrity natural landscapes text to explicitly ensure that there will be no AEOI. included in Modified Local Plan 2020. These are with mitigation embedded. repeated in the HRA above. .

LP NE5 Ecologically Sensitive Amend supporting text and strengthen Policy Policy now amended. No adverse effects on site integrity and Designated Sites text with mitigation embedded.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 175 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP NE7 – Pollution Control Amend supporting text and strengthen Policy The policy has been amended. In addition, it is No adverse effects on site integrity text to explicitly ensure that there will be no AEOI. recommended that the text in 5.3.62 is included as the with mitigation embedded. supporting text should also explain how the necessary mitigation will be delivered by including the following text: The Castle Point Borough Infrastructure Delivery Plan 2020 has incorporated requirements for wastewater management. Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan. Asset Management Plans (AMPs) should be used to deliver relevant sections of the Infrastructure Delivery Plan –and therefore elements of the Six-Point Plan - aimed at increasing capacity and avoiding water pollution to SPAs and Ramsar sites. This mitigation should be secured at application stage for new housing allocations on Canvey Island.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 176 Castle Point Borough Council Habitats Regulations Assessment

Policy Mitigation proposed in 2019 HRA HRA’s Updated View of Pre-Submission Local With proposed mitigation

Plan with modifications September 2020 embedded, can adverse effects on integrity of the identified Habitats Sites be avoided?

LP NE10 – Ensuring Capacity at Strategic projects will require joint working by The recommended text has been included. No adverse effects on site integrity Water Recycling Centres public bodies to ensure the requirements of In addition, the following text should be added: with mitigation embedded. Habitats Regulations are met. • Thames Estuary and Marshes SPA and Amend supporting text and strengthen Policy Ramsar (in addition to Benfleet and Southend Marshes SPA or Ramsar site). text to explicitly ensure that there will be no AEOI. • Refer to ‘plans’ as well as ‘projects’.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 177 Castle Point Borough Council Habitats Regulations Assessment

Appendix 4. Characteristics of Habita ts Sites, Their Conservation Objectives and Relevant Targets

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Benfleet and Southend Marshes

Benfleet and Southend Marshes is an estuarine area on the Essex side of the Thames Estuary. The site is comprised of an extensive series of saltmarshes, mudflats, and grassland which support a diverse flora and fauna, including internationally important numbers of wintering waterfowl.

Benfleet and 2283.94 • A046a Branta bernicla bernicla; Dark-bellied Brent goose (Non- Ensure that the integrity of the site is maintained or restored as appropriate, Southend breeding) and ensure that the site contributes to achieving the aims of the Wild Birds Marshes SPA Directive, by maintaining or restoring: • A137 Charadrius hiaticula; Ringed plover (Non-breeding) UK9009171 • The extent and distribution of the habitats of the qualifying features • A141 Pluvialis squatarola; Grey plover (Non-breeding) • The structure and function of the habitats of the qualifying features • A143 Calidris canutus; Red knot (Non-breeding) • The supporting processes on which the habitats of the qualifying • A149 Calidris alpina; Dunlin (Non-breeding) features rely • Waterbird assemblage • The population of each of the qualifying features, and Further information can be found via Natural England’s Supplementary • The distribution of the qualifying features within the site Advice.

Benfleet and 2251.31 Ramsar criterion 5 None available. Southend Assemblages of international importance; species with peak counts in Marshes winter; 32867 waterfowl (5 year peak mean 1998/99-2002/2003). Ramsar site Ramsar criterion 6 UK11006

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 178 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Species/populations occurring at levels of international importance:

Species with peak counts in spring/autumn:

• Branta bernicla bernicla; Dark-bellied Brent goose

Species with peak counts in winter:

• Charadrius hiaticula; Ringed plover

• Pluvialis squatarola; Grey plover

Species/populations identified subsequent to designation for possible future consideration under criterion 6.

Species with peak counts in winter:

• Calidris alpina alpina; Dunlin

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 179 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Blackwater Estuary (Mid-Essex Coast Phase 4)

The Blackwater Estuary is the largest estuary in Essex north of the Thames and, is one of the largest estuarine complexes in East Anglia. Its mudflats, fringed by saltmarsh on the upper shores, support internationally and nationally important numbers of overwintering waterfowl. Shingle and shell banks and offshore islands are also a feature of the tidal flats. The surrounding terrestrial habitats; the sea wall, ancient grazing marsh and its associated fleet and ditch systems, plus semi-improved grassland are also of high conservation interest. This rich mosaic of habitats supports an outstanding assemblage of nationally scarce plants and a nationally important assemblage of rare invertebrates. There are 16 British Red Data Book species and 94 notable and local species.

Blackwater 4395.15 • A046a Branta bernicla bernicla; Dark-bellied Brent goose (Non- Ensure that the integrity of the site is maintained or restored as appropriate, Estuary SPA breeding) and ensure that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring: (Mid-Essex • A059 Aythya ferina; Common pochard (Breeding) Coast Phase • The extent and distribution of the habitats of the qualifying features • A082 Circus cyaneus; Hen harrier (Non-breeding) 4) • The structure and function of the habitats of the qualifying features • A137 Charadrius hiaticula; Ringed plover (Breeding) UK9009245 • The supporting processes on which the habitats of the qualifying • A141 Pluvialis squatarola; Grey plover (Non-breeding) features rely • A149 Calidris alpina alpina; Dunlin (Non-breeding) • The population of each of the qualifying features, and, • A156 Limosa limosa islandica; Black-tailed godwit (Non-breeding) • The distribution of the qualifying features within the site. • A195 Sterna albifrons; Little tern (Breeding)

• Waterbird assemblage

Further information can be found via Natural England’s Supplementary Advice.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 180 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Blackwater 4395.15 Ramsar criterion 1 None available Estuary Qualifies by virtue of the extent and diversity of saltmarsh habitat present. Ramsar site This site, and the four others in the Mid-Essex Coast complex, includes a (Mid-Essex total of 3,237 ha that represent 70% of the saltmarsh habitat in Essex and Coast Phase 7% of the total area of saltmarsh in Britain. 4) Ramsar criterion 2 UK11007 The invertebrate fauna is well represented and includes at least 16 British Red Data Book species. In descending order of rarity these are: Endangered: a water beetle Paracymus aeneus; Vulnerable: a damselfly Lestes dryas, the flies Aedes flavescens, Erioptera bivittata, Hybomitra expollicata and the spiders Heliophanus auratus and Trichopterna cito; Rare: the beetles Baris scolopacea, Philonthus punctus, Graptodytes bilineatus and Malachius vulneratus, the flies Campsicemus magius and Myopites eximia, the moths Idaea ochrata and Malacosoma castrensis and the spider Euophrys.

Ramsar criterion 3

This site supports a full and representative sequences of saltmarsh plant communities covering the range of variation in Britain.

Ramsar criterion 5

Assemblages of international importance; species with peak counts in winter; 105061 waterfowl (5 year peak mean 1998/99-2002/2003)

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 181 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Ramsar criterion 6

Species/populations occurring at levels of international importance:

Species with peak counts in winter:

• Pluvialis squatarola; Grey plover

• Calidris alpina alpina; Dunlin

• Limosa limosa islandica; Black-tailed godwit

Species/populations identified subsequent to designation for possible future consideration under criterion 6.

Species with peak counts in winter:

• Tadorna tadorna; Common shelduck

• Pluvialis apricaria apricaria; European golden plover

• Tringa totanus tetanus; Common redshank

Crouch & Roach Estuaries (Mid-Essex Coast Phase 3)

The Rivers Crouch and Roach are situated in South Essex. The River Crouch occupies a shallow valley between two ridges of London Clay, whilst the River Roach is set predominantly between areas of brick earth and loams with patches of sand and gravel. The intertidal zone along the Rivers Crouch and Roach is 'squeezed' between the sea walls of both banks and the river channel. This leaves a relatively narrow strip of tidal mud unlike other estuaries in the county, which, nonetheless, is used by significant numbers of birds. One species is present in internationally important numbers, and three other species of wader and wildfowl occur in nationally important numbers. Additional interest is provided by the aquatic and terrestrial invertebrates and by an outstanding assemblage of nationally scarce plants

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 182 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Crouch & 1735.58 Qualifying Features potentially affected: Ensure that the integrity of the site is maintained or restored as appropriate, Roach and ensure that the site contributes to achieving the aims of the Wild Birds • A046a Branta bernicla bernicla; Dark-bellied brent goose (Non- Estuaries SPA Directive, by maintaining or restoring: breeding) (Mid-Essex • The extent and distribution of the habitats of the qualifying features • Waterbird assemblage Coast Phase • The structure and function of the habitats of the qualifying features 3) • The supporting processes on which the habitats of the qualifying UK9009244 features rely

• The population of each of the qualifying features, and,

• The distribution of the qualifying features within the site.

Crouch & 1735.58 Ramsar criterion 2 None available. Roach Supports an appreciable assemblage of rare, vulnerable or endangered Estuaries species or subspecies of plant and animal including 13 nationally scarce Ramsar site plant species: slender hare’s ear Bupleurum tenuissimum, divided sedge (Mid-Essex Carex divisa, sea barley Hordeum marinum, golden-samphire Inula Coast Phase crithmoides, lax flowered sea-lavender Limonium humile, curved hard- 3) grass Parapholis incurva, Borrer’s saltmarsh grass Puccinellia fasciculata, stiff saltmarsh grass Puccinellia rupestris, spiral tasselweed Ruppia UK11058 cirrhosa, one-flowered glasswort Salicornia pusilla, small cord-grass Spartina maritima, shrubby seablite Suaeda vera and sea clover Trifolium squamosum. Several important invertebrate species are also present on the site, including scarce emerald damselfly Lestes dryas, the shorefly

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 183 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Parydroptera discomyzina, the rare soldier fly Stratiomys singularior, the large horsefly Hybomitra expollicata, the beetles Graptodytes bilineatus and Malachius vulneratus, the ground lackey moth Malacosoma castrensis and Eucosoma catoprana.

Ramsar criterion 5

Assemblages of international importance; species with peak counts in winter; 16970 waterfowl (5 year peak mean 1998/99-2002/2003)

Ramsar criterion 6

Species/populations occurring at levels of international importance:

Species with peak counts in winter:

• Branta bernicla bernicla; Dark-bellied brent goose

Dengie

Dengie is a large and remote area of tidal mudflat and saltmarsh at the eastern end of the Dengie peninsula, between the Blackwater and Crouch Estuaries. The saltmarsh is the largest continuous example of its type in Essex. Foreshore, saltmarsh and beaches support an outstanding assemblage of rare coastal flora. It hosts internationally and nationally important wintering populations of wildfowl and waders, and in summer supports a range of breeding coastal birds including rarities. The formation of cockleshell spits and beaches is of geomorphological interest

Dengie SPA 3127.23 • Branta bernicla bernicla; Dark-bellied brent goose (Non-breeding) The objectives are to ensure that, subject to natural change, the integrity of the site is maintained or restored as appropriate, and that the site contributes • Pluvialis squatarola; Grey plover (Non-breeding) to achieving the aims of the Wild Birds Directive, by maintaining or restoring:

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 184 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

(Mid-Essex • Circus cyaneus Hen harrier (Non-breeding) • the extent and distribution of the habitats of the qualifying features Coast Phase • Calidris canutus; Knot (Non-breeding) • the structure and function of the habitats of the qualifying features 1) • Waterbird assemblage (Non-breeding) • the supporting processes on which the habitats of the qualifying UK9009242 features rely Further information can be found via Natural England’s Supplementary Advice. • the populations of qualifying features

• the distribution of qualifying features within the site

Dengie 3127.23 Ramsar criterion 1 None available. Ramsar Site Qualifies by virtue of the extent and diversity of saltmarsh habitat present. (Mid-Essex Dengie, and the four other sites in the Mid-Essex Coast Ramsar site Coast Phase complex, includes a total of 3,237 ha, that represent 70% of the saltmarsh 1) habitat in Essex and 7% of the total area of saltmarsh in Britain.

UK9009242 Ramsar criterion 2

Dengie supports a number of rare plant and animal species. The Dengie has 11 species of nationally scarce plants: sea kale Crambe maritima, sea barley Hordeum marinum, golden samphire Inula crithmoides, lax flowered sea lavender Limonium humile, the glassworts Sarcocornia perennis and Salicornia pusilla, small cord-grass Spartina maritima, shrubby sea-blite Suaeda vera, and the eelgrasses Zostera angustifolia, Z. marina and Z. noltei. The invertebrate fauna includes the following Red Data Book

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 185 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

species: a weevil Baris scolopacea, a horsefly Atylotus latistriatus and a jumping spider Euophrys browningi.

Ramsar criterion 3

This site supports a full and representative sequences of saltmarsh plant communities covering the range of variation in Britain.

Ramsar criterion 5

Assemblages of international importance; species with peak counts in winter; 43828 waterfowl (5 year peak mean 1998/99-2002/2003)

Ramsar criterion 6

Species/populations occurring at levels of international importance:

Species with peak counts in winter:

• Tringa totanus tetanus; Common redshank

Species/populations identified subsequent to designation for possible future consideration under criterion 6.

Species with peak counts in winter:

• Branta bernicla bernicla; Dark-bellied brent goose

• Haematopus ostralegus ostralegus; Eurasian oystercatcher

• Pluvialis squatarola; Grey plover

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 186 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

• Limosa lapponica lapponica; Bar-tailed godwit

• Calidris canutus; Red knot

Essex Estuaries

The Mid-Essex Coast comprises an extensive complex of estuaries and intertidal sand and silt flats, including several islands, shingle and shell beaches and extensive areas of saltmarsh. The proposed SPA follows the boundaries of five SSSIs: the Colne Estuary, the Blackwater Estuary, Dengie, the River Crouch Marshes and Foulness.

Essex 46109.95 • H1110 Sandbanks which are slightly covered by sea water all the Ensure that the integrity of the site is maintained or restored as appropriate, Estuaries SAC time; Subtidal sandbanks and ensure that the site contributes to achieving the Favourable Conservation Status of its Qualifying Features, by maintaining or restoring: UK0013690 • H1130 Estuaries • The extent and distribution of qualifying natural habitats • H1140 Mudflats and sandflats not covered by seawater at low tide; Intertidal mudflats and sandflats. • The structure and function (including typical species) of qualifying natural habitats, and • H1310 Salicornia and other annuals colonizing mud and sand; Glasswort and other annuals colonising mud and sand • The supporting processes on which qualifying natural habitats rely

• H1320 Spartina swards (Spartinion maritimae); Cord-grass swards

• H1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae)

• H1420 Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi)

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 187 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Foulness

Foulness is part of an open coast estuarine system comprising grazing marsh, saltmarsh, intertidal mudflats and sandflats which support nationally rare and nationally scarce plants, and nationally and internationally important populations of breeding, migratory and wintering waterfowl

Foulness SPA 10968.9 • A046a Branta bernicla bernicla; Dark-bellied brent goose (Non- Ensure that the integrity of the site is maintained or restored as appropriate, breeding) and ensure that the site contributes to achieving the aims of the Wild Birds (Mid-Essex Directive, by maintaining or restoring: Coast Phase • A082 Circus cyaneus; Hen harrier (Non-breeding) 5) • The extent and distribution of the habitats of the qualifying features • A130 Haematopus ostralegus; Eurasian oystercatcher (Non- UK9009246 breeding) • The structure and function of the habitats of the qualifying features

• A132 Recurvirostra avosetta; Pied avocet (Breeding) • The supporting processes on which the habitats of the qualifying features rely • A137 Charadrius hiaticula; Ringed plover (Breeding) • The population of each of the qualifying features, and, • A141 Pluvialis squatarola; Grey plover (Non-breeding) • The distribution of the qualifying features within the site. • A143 Calidris canutus; Red knot (Non-breeding)

• A157 Limosa lapponica; Bar-tailed godwit (Non-breeding)

• A162 Tringa totanus; Common redshank (Non-breeding)

• A191 Sterna sandvicensis; Sandwich tern (Breeding)

• A193 Sterna hirundo; Common tern (Breeding)

• A195 Sterna albifrons; Little tern (Breeding)

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 188 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

• Waterbird assemblage

Further information can be found via Natural England’s Supplementary Advice.

Foulness 10968.9 Ramsar criterion 2 None available Ramsar site The site supports a number of nationally-rare and nationally-scarce plant (Mid Essex species, and British Red Data Book invertebrates. Coast Phase Ramsar criterion 3 5) The site contains extensive saltmarsh habitat, with areas supporting full and UK11026 representative sequences of saltmarsh plant communities covering the range of variation in Britain.

Ramsar criterion 5

Assemblages of international importance; species with peak counts in winter; 82148 waterfowl (5 year peak mean 1998/99-2002/2003)

Ramsar criterion 6

Species/populations occurring at levels of international importance:

Species with peak counts in spring/autumn:

• Branta bernicla bernicla; Dark-bellied brent goose

• Pluvialis squatarola; Grey plover

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 189 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

• Calidris canutus; Red knot

Species with peak counts in winter:

• Limosa lapponica lapponica; Bar-tailed godwit

Outer Thames Estuary

The Outer Thames Estuary SPA is located on the east coast of England between the counties of Norfolk (on the north side) and Kent (on the south side) and extends into the North Sea. The site comprises areas of shallow and deeper water, high tidal current streams and a range of mobile mud, sand, silt and gravely sediments extending into the marine environment, incorporating areas of sand banks often exposed at low tide. Intertidal mud and sand flats are found further towards the coast and within creeks and inlets inland down the Blyth estuary and the Crouch and Roach estuaries. The diversity of marine habitats and associated species is reflected in existing statutory protected area designations, some of which overlap or about the SPA.

Outer Thames 392451.6 • A001 Gavia stellata; Red-throated diver (Non-breeding) Ensure that the integrity of the site is maintained or restored as appropriate, Estuary SPA 6 • A193 Sterna hirundo; Common tern (Breeding) and ensure that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring: UK9020309 • A195 Sternula albifrons; Little tern (Breeding) • The extent and distribution of the habitats of the qualifying features

• The structure and function of the habitats of the qualifying features

• The supporting processes on which the habitats of the qualifying

features rely

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 190 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

• The population of each of the qualifying features, and,

• The distribution of the qualifying features within the site

Thames Estuary & Marshes

A complex of brackish, floodplain grazing marsh ditches, saline lagoons and intertidal saltmarsh and mudflat. These habitats together support internationally important numbers of wintering waterfowl. The saltmarsh and grazing marsh are of international importance for their diverse assemblages of wetland plants and invertebrates

Thames 4838.94 • A082 Circus cyaneus; Hen harrier (Non-breeding) Ensure that the integrity of the site is maintained or restored as appropriate, Estuary & and ensure that the site contributes to achieving the aims of the Wild Birds • A132 Recurvirostra avosetta; Pied avocet (Non-breeding) Marshes SPA Directive, by maintaining or restoring: • A137 Charadrius hiaticula; Ringed plover (Non-breeding) UK9012021 • The extent and distribution of the habitats of the qualifying features • A141 Pluvialis squatarola; Grey plover (Non-breeding) • The structure and function of the habitats of the qualifying features • A143 Calidris canutus; Red knot (Non-breeding) • The supporting processes on which the habitats of the qualifying • A149 Calidris alpina alpina; Dunlin (Non-breeding) features rely

• A156 Limosa limosa islandica; Black-tailed godwit (Non-breeding) • The population of each of the qualifying features, and,

• A162 Tringa totanus; Common redshank (Non-breeding) • The distribution of the qualifying features within the site.

• Waterbird assemblage

Further information can be found via Natural England’s Supplementary Advice.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 191 Castle Point Borough Council Habitats Regulations Assessment

Site Area Qualifying Features Conservation objectives (only available for SACs & SPAs) name/code (ha)

Thames 5588.5 Ramsar criterion 2 None available Estuary & The site supports one endangered plant species and at least 14 nationally Marshes scarce plants of wetland habitats. The site also supports more than 20 Ramsar site British Red Data Book invertebrates UK11069 Ramsar criterion 5

Assemblages of international importance; species with peak counts in winter; 45118 waterfowl (5 year peak mean 1998/99-2002/2003)

Ramsar criterion 6

Qualifying Species/populations (as identified at designation):

Species with peak counts in spring/autumn:

• Charadrius hiaticula; Ringed plover

• Limosa limosa islandica; Black-tailed godwit

Species with peak counts in winter:

• Pluvialis squatarola; Grey plover (Non-breeding)

• Calidris canutus; Red knot (Non-breeding)

• Calidris alpina alpina; Dunlin (Non-breeding)

• Tringa totanus tetanus; Common redshank

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 192 Castle Point Borough Council Habitats Regulations Assessment

Appendix 5. Key vulnerabilities / factors affecting site integrity from Site Improvement Plans

Key vulnerabilities / factors affecting site integrity

Essex Estuaries: Blackwater Estuary (Mid-Essex Coast Phase 4) SPA Crouch & Roach Estuaries (Mid-Essex Coast Phase 3) SPA Dengie (Mid-Essex Coast Phase 1) SPA Essex Estuaries SAC Foulness (Mid-Essex Coast Phase 5) SPA

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 193 Castle Point Borough Council Habitats Regulations Assessment

Coastal Squeeze:

Coastal defences along much of the Essex coastline prevent intertidal habitats from shifting landward in response to rising sea levels. As a result, these habitats are being gradually degraded and reduced in extent, with knock-on effects on the waterbirds and other species they support. ‘Managed realignment’ schemes and additional intervention measures to create new areas of intertidal habitat and reduce erosion rates are being implemented but more will be needed to offset future losses. Grazing marshes in the SIP area are important for waterbirds and are also threatened by sea level rise because most are near or below mean high tide level, currently protected behind seawalls. Public Access/Disturbance: Breeding and overwintering waterbirds are susceptible to human disturbance from a range of land- and water-based activities - including boating and watersports, walking, bait-digging, fishing and wildfowling - as well as low-flying aircraft. Some activities, such as powerboating, may produce physical disturbance to habitats. Moderate levels of disturbance in less sensitive locations may have no significant effect on the numbers of birds using the SIP area but the types, levels and locations of potentially disturbing activities are constantly changing. Managing the changes to minimise the risk of disturbance impacts will require a better understanding of which species and habitats are most susceptible, which types of activity are most disturbing, and which locations and times of year are most sensitive. Fisheries: Commercial marine and estuarine Commercial fishing activities categorised as Amber or Green under Defra's revised approach to commercial fisheries in EMSs are being assessed by Kent and Essex Inshore Fisheries and Conservation Authority (KEIFCA) to determine whether management is required. For activities categorised as Amber and Green these assessments should take account of any relevant in combination effects with other fishing activities. Shellfish dredging over subtidal habitats has been identified as an Amber activity and is considered a high priority for assessment and development of possible management for the site. Planning Permission: general Several of the issues affecting the Essex Estuaries and the management of disturbance effects on the sites are related to each other, and addressing them is likely to require an improved overview of the relative sensitivities of different habitats, species and locations to different types of development (perhaps summarised as sensitivity maps and matrices for the SIP area). Difficult issues include: (a) Assessing the cumulative effects of numerous, small and often ‘non-standard’ developments (b) Development outside the SPA/SAC boundaries can have negative impacts, particularly on the estuaries’ birds (c) Assessing the indirect, ‘knock- on’ effects of proposals (d) Pressure to relax planning conditions on existing developments. Changes in species distributions Declines in the numbers of some of the waterbird species using the Essex Estuaries SIP area may be due to changes in their distributions or population levels at a national or continental scale, possibly linked to climate change. For example, milder winters may be allowing birds to overwinter closer to their northern breeding

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 194 Castle Point Borough Council Habitats Regulations Assessment

grounds, or changes on the breeding grounds may be reducing breeding success. When assessing SPA condition, distinguishing these types of large-scale effect

from effects produced by changes within the site itself is important. Invasive Species: An increase in Pacific oyster Crassostrea gigas settlement and colonisation within the European Marine Site (EMS) may result in areas of foreshore being covered in such numbers as to make them difficult to access and utilise as feeding grounds for overwintering birds. The importance of Pacific oysters for the local shellfish industry is recognised, however Natural England would not like to see an overall increase in the extent of foreshore across the EMS populated by Pacific oysters. Other non-native invasive species such as the American whelk tingle Urosalpinx cinerea and Slipper limpet Crepidula fornicata are known to occupy subtidal muddy habitats, potentially impacting native communities through competition for resources and predation. Fisheries: Recreational marine and estuarine Recreational bait digging may impact waterbirds by reducing prey availability and creating disturbance in intertidal feeding areas. It could also damage the intertidal mudflats and sandflats and associated sub-features and communities, such as eelgrass beds. The extent of the activity and potential impacts on site features are not currently well understood. Fisheries: Recreational marine and estuarine Bottom towed fishing gear (i.e. any fishing instrument designed to take sea fisheries resources from the seabed) has been categorised as a 'Red' for the interest features listed, specifically the seagrass beds Zostera spp, a sub-feature of the SAC, as part of Defra's revised approach to commercial fisheries management in European Marine Sites (EMS). Appropriate management measures will be implemented and enforced by Kent and Essex Inshore Fisheries and Conservation Authority (IFCA) who have put in place the 'Bottom Towed Fishing Gear Byelaw' within the SAC to prohibit the above fishing gear being used over the majority of known seagrass beds.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 195 Castle Point Borough Council Habitats Regulations Assessment

Fisheries: Recreational marine and estuarine

Marine fisheries carried out under private rights, or under management defined in Several or Hybrid Orders, fall outside Defra's revised approach to commercial fisheries management in EMSs. A variety of fishing gears are used in these fisheries (e.g. Hydraulic and non-hydraulic dredging and shore based activities (e.g. shellfish collection)) which may be applying pressure to site features, including abrasion of the seabed, visual disturbance, and habitat structure changes. Potential impacts need to be better understood and assessed with potential management introduced if required. Invasive Species: The invasive Common cord-grass Spartina anglica occurs widely within this site, as well as native Small cord-grass Spartina maritima in certain locations, and the site is designated for H1320 Spartina swards. There is a need to improve understanding of the dynamics of S. anglica on the site in order to determine if changes in the species’ distribution adversely affect other species and habitats, including feeding and roosting areas of SPA bird species. Air Pollution: risk of atmospheric nitrogen deposition Atmospheric nitrogen deposition exceeds the relevant critical loads for coastal dune habitats used by breeding terns and hence there is a risk of harmful effects. However, on the Essex estuaries declines in the numbers of breeding terns appear to be due mainly to erosion of a man-made cockle-shingle bank (at Foulness) and to disturbance (elsewhere), rather than to over-vegetation of breeding areas caused by nitrogen deposition.

Greater Thames Complex: Thames Estuary & Marshes Benfleet and Southend Marshes

Coastal Squeeze: Coastal defences exist along much of the coastline here. Sea level rise is also occurring. It is therefore certain that if circumstances do not change, much of the supporting habitats of the SPA birds will be lost/degraded through processes such as: coastal squeeze; sedimentation rates' inability to keep pace with sea level rise; and reduced exposure (the extent and duration) of mudflats and sandflats. Public Access/Disturbance: Breeding and overwintering waterbirds are susceptible to human disturbance from a range of land- and water-based activities, including boating and water sports; walking; bait-digging; fishing, and wildfowling. Some activities such as powerboating, may produce physical disturbance to habitats. Public access, (especially dog walking and recreational boating) was identified as a medium risk during the 2009 EMS risk review project and this activity is still occurring. Moderate levels of disturbance in less sensitive locations may have no significant effect on the numbers of birds using the SIP area but the types, levels and locations of potentially

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 196 Castle Point Borough Council Habitats Regulations Assessment

disturbing activities are constantly changing. Managing the changes to minimise the risk of disturbance impacts will require a better understanding of which species

and habitats are most susceptible, which types of activity are most disturbing, and which locations and times of year are most sensitive. There is inadequate information to provide appropriate management. Invasive Species: Non-native invasive species such as sea squirt and pacific oyster are spreading along the Kent coast and could begin to impact on the Swale. Sea squirt has been found in the Medway, and Pacific oysters are regarded as increasing in the Essex-Southend area. These species threaten habitats due to their ability to smother substrate and other sessile organisms. There is no good understanding of the overall distribution of these species in this site. Assessment is needed in key areas of ports and marinas, where introductions tend to first occur. Changes in site distribution: There is a decline in population size for some of the bird species on some of the SPAs (Cook et al. 2013*). These are likely to be influenced by a number of factors which may vary across the four SPAs. Some of these influences are site-based as described in other parts of this Plan and some relate to wider, broad-scale changes such as wintering species distributions and effects from breeding grounds outside the UK. A greater understanding of the relative importance of site-based and wider influences is required in order to identify the potential for further actions that might halt declines, restore populations or identify scenarios where it is thought unlikely that site-based measures will reverse population declines. Fisheries: Commercial marine and estuarine: The extent and impacts of fisheries on private grounds, particularly in the Swale Estuary, needs to be better understood. There are particular concerns regarding the dredging of shellfish within the SPAs which are a food source for the protected birds. Invasive Species: Freshwater non-native invasive species such as pennywort, crassula, parrots feather etc. can engulf ditches, leading to loss of habitat for diving ducks. Although there are some mechanisms in place to ensure ditch management, more baseline information is needed, particularly on those species for which ditch management is not the solution. Invasive species: Spartina anglica may be increasing at the expense of other saltmarsh habitats with adverse implications for SPA bird roost areas in Benfleet & Southend Marshes. Vehicles – illicit: The illicit use of motor vehicles (often bikes) occurs across the area. This can cause disturbance to SPA birds. This activity was identified as a medium risk during the 2009 EMS risk review project and is still occurring. Whilst various mechanisms are in place to prevent the use of vehicles, they are clearly not entirely effective.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 197 Castle Point Borough Council Habitats Regulations Assessment

Fisheries: Commercial marine and estuarine

Commercial fishing activities categorised as ‘amber or green’ under Defra’s revised approach to commercial fisheries in European Marine Sites require assessment and (where appropriate) management. This assessment will be undertaken by Kent & Essex IFCA. For activities categorised as ‘green’, these assessments should take account of any in-combination effects of amber activities, and/or appropriate plans or projects, in the site. Air Pollution: risk of atmospheric nitrogen deposition Nitrogen deposition exceeds site-relevant critical loads

Outer Thames Estuary:

Fisheries: Commercial marine and estuarine: Commercial fishing activities categorised as ‘amber or green’ under Defra’s revised approach to commercial fisheries in European Marine Sites (EMS) require assessment and (where appropriate) management. This assessment will be undertaken by the Eastern IFCA and the Kent & Essex IFCA, and the Marine Management Organisation. For activities categorised as ‘green’, these assessments should take account of any in-combination effects of amber activities, and/or appropriate plans or projects, in the site. The gear types being assessed are towed demersal gear and dredges, and suction dredges for cockles as well as static/passive fishing gear methods such as set gillnets and drift netting represent potentially the most serious direct risk from fishing activity to the birds themselves. Disturbance and displacement effects may arise from boat movements associated with fishing activities. Removal of fish and larger molluscs can have a significant impact on the structure and functioning of benthic communities. Entanglement in static fishing nets is an important cause of death for red-throated divers in the UK waters. Netting is widespread across the sandbanks but is seasonal and occurs primarily when the Red-throated diver population is not at its peak. The scale of by-catch within the site has been assessed by the Kent & Essex IFCA and was not found to be problematic and so can be deemed to be low-risk.

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 198 Castle Point Borough Council Habitats Regulations Assessment

Appendix 6. Policies Screened in for Further Assessment

SP HO1 - Housing strategy

SP HO6 - Caravan and Park Homes

SP HO7– Gypsy & Traveller provision

LP HO9 – Land west of Benfleet

LP HO10 – Land between Felstead Road and Catherine Road

LP HO11 – Land off Glyders, Benfleet

LP HO12 – Former WRVS Hall, Richmond Avenue, Benfleet

LP HO13 – Land east of Rayleigh Road, Hadleigh

SP HO14 – Land at Brook Farm

LP HO15 – Land south of Scrub Lane, Hadleigh

LP HO16 – Land at Oak Tree Farm, Hadleigh

LP HO17 – Hadleigh Island, Hadleigh

LP HO18 - Land east of Downer Road, Thundersley

LP HO33 - Land north of Grasmere Road and Barrowdale Road, Thundersley

LP HO19 – Land at Glebelands. Thundersley

LP HO20 – The Chase, Thundersley

LP HO21 – Land fronting Rayleigh Road, Thundersley

LP HO22 – Land at Thames Loose Leaf, Kiln Road, Thundersley

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 199 Castle Point Borough Council Habitats Regulations Assessment

LP HO23 – Land east of Canvey Road, Canvey Island

LP HO24 – Land west of Canvey Road, Canvey Island

LP HO25 – Land at Thorney Bay, Canvey Island

LP HO26 – Land at The Point

LP HO27 – Walsingham House

LP HO28 – Land at the Admiral Jellicoe

LP HO29 – Land south of Haron Close

LP HO30 – Haystack car park

LP HO31 – Land at Kings Park

LP HO32 - Land at 244-258 London Road, Hadleigh

SP EC 1 –Economic Land Supply

SP EC2 – New Employment Land

LP EC 3 – Canvey Seafront entertainment area

LP EC 4 – Canvey Port Facilities

SP TC1 – Town Centre Strategy

LP TC2 -Canvey Town Centre and Hadleigh Town Centre Regeneration

LP TC4 – Out of Centre Parks

LP TC5 – South Benfleet Leisure Quarter

LP HS3 – Opportunities for Outdoor Recreation

LP HS7 – Open Spaces; Allotment Gardens; and Playing Fields associated with Educational Uses

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 200 Castle Point Borough Council Habitats Regulations Assessment

LP HC6 – Community Facilities

SP TP1 – Transport Strategy

LP TP2 – Improvements and Alterations to Highway Infrastructure

LP TP3 – Improvements to Footpaths, Bridleways and Cycling Infrastructure

SP GB1 – Green Belt Strategy

LP GB2 – New Development in the Green Belt

LP GB4 - Limited Infill - Special Policy Areas

LP GB5 – Change of Use of Buildings and Land in the Green Belt

SP GB7 - Positive uses in the Green Belt

SP CC1 – Responding to Climate Change

LP CC2 – Tidal Flood Risk Management Area

SP CC3 – Non-Tidal Flood Risk Management

SP NE1 – Green Infrastructure and the undeveloped Coast

LP NE2 –Protection of historic natural landscapes

LP NE5- Ecologically Sensitive and Designated Sites

LP NE7 – Pollution Control

LP NE10 – Ensuring Capacity at Water Recycling Centres

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 201 Castle Point Borough Council Habitats Regulations Assessment

Appendix 7. Habitats Site Zone of Influence and Strategic Housing Allocations

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 202 Castle Point Borough Council Habitats Regulations Assessment

Appendix 8. Habitats Sites, Main River Locations and Housing Allocations

Appendices for Pre-Submission Local Plan 2018-2033 (including modifications) Page 203 Castle Point Borough Council Habitats Regulations Assessment

Appendix 9 Proposed Air Quality Monitoring Locations for Habitats Sites

Place Services

Essex County Council

County Hall, Chelmsford, Essex CM1 1QH

T: +44 (0)333 013 6840

E: [email protected]

www.placeservices.co.uk

September 2020