HASKONING UK LTD. Return address: Rightwell House, Bretton, Peterborough PE3 8DW, United Kingdom INDUSTRY & ENERGY Anna Blackburn Council

Cannards Grave Road Rightwell House , BA4 5BT Bretton Peterborough PE3 8DW United Kingdom +44 1733 334455 Telephone Fax

[email protected] E-mail www.royalhaskoning.com Internet Your reference : Our reference : 9Y0466/L00001/303653/PBor Direct line : 01733 336619 E-mail : [email protected] Date : 19 November 2012 Enclosure(s) : Amended policy documents

Subject : Mendip Local Plan: Update of the Habitats Regulations Assessment

Dear Miss Blackburn,

In February 2011, Royal Haskoning was commissioned by Mendip District Council to undertake a Habitats Regulations Assessment (HRA) of the Mendip Local Development Framework Draft Core Strategy. The Plan has been through public consultation and amendments and additions made to the policies within the document. This letter has been prepared as an addendum to the HRA and should be read in conjunction with the report produced for the previous (February 2011) assessment.

The assessment is focussed on two international nature conservation designations (see Section 3 of the previous report (Royal Haskoning, 2011) for more details) namely the  Levels and Moors Special Protection Area (SPA) and Ramsar sites.

Through public consultation, six new Development Management policies have been created. These include:

 Development Policy 3 – Heritage Conservation,  Development Policy 4 – Mendip’s Landscape;  Development Policy 5 – and Ecological Networks;  Development Policy 6 – Bat Protection;  Development Policy 8 – Environmental Protection; and  Development Policy 13 – Accommodation for Rural Workers.

Of these polices, 3, 4 and 6 are regarding topics that will not have an impact on nature conservation features and are therefore assessed as not having a likely significant effect on the Somerset Levels and Moors international sites. Policy 5 specifically protects the international sites from any impacts and Policy 8, through the implementation of water resource and water quality protection measures, would also protect these sites from adverse impacts.

Registered Office: Rightwell House, Bretton, Peterborough PE3 8DW Registered in 1336844 A company of Royal Haskoning1/2 ISO 9001 ISO 14001 OHSAS 18001

Policy 13 concerns the development of accommodation for rural workers to support agricultural, forestry or other rural enterprises. Although this scale of development is likely to be limited, there is the potential for it to be located close to or within the international sites, which could potentially result in the addition of human disturbance to the interest features of the sites. However, it is felt that the wording in Policy 5 (Biodiversity and Ecological Networks) which states “all development proposals must ensure the protection, conservation and, where possible, enhancement of internationally, nationally or locally designated natural habitat areas and species” is sufficient enough to ensure that any accommodation for rural workers will not result in a significant impact on international sites.

During the previous 2011 assessment (Royal Haskoning, 2011) it was concluded that two policies (Design and Amenity of New Development and Gypsies, Travellers and Travelling Showpeople) could have an adverse impact on the Somerset Levels and Moors sites. The wording of DP7: Design and Amenity of New Development has not been altered to include the recommendations of the previous HRA assessment which identified a potential impact on migrating birds from the use of renewable energy (wind farms) in development. However, the Council will be producing guidance of wind turbines/farms and development, which will include the previous recommendations, such as the need to undertake a project level HRA. Given the location of the international sites to the District it is considered that the majority or renewable energy projects will not require a HRA, however, the requirement of a project level assessment for those in proximity to the sites will ensure that the features of the sites will not be affected. It is also recommended that reference is made to this guidance either within the policy itself or in the supporting text.

The wording of DP15 to include “not have a significant adverse impact on the landscape, character and appearance of the surrounding area or on biodiversity or areas of built heritage”. Biodiversity can be considered to include the Somerset Levels and Moors SPA and Ramsar and their associated interest features and consequently, the Council will ensure that such activity and development will not take place within or sufficiently close to the sites that direct or indirect disturbance would not arise and no significant effect is therefore expected.

No other polices within the Local Plan have significantly been altered to change the previous assessment that there was no likely significant effect as a result of implementation of these policies (see the attached appendices which show the new policies and any changes made to the text). Therefore this letter can conclude that providing the recommendations in this letter are implemented, we consider that Mendip District Council, as the competent authority under the Habitats Regulations can conclude that the Mendip Local Plan and its policies will not have a significant adverse effect on the integrity of the Somerset Levels and Moors Ramsar and SPA site.

Yours sincerely, For and on behalf of Haskoning UK Ltd

Emma Mundy Environmental Consultant

19 November 2012 9Y0466/L00001/303653/PBor 2/2