New Castle Point Local Plan Habitats Regulations Assessment
Total Page:16
File Type:pdf, Size:1020Kb
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