Wiltshire Council Wiltshire Local Plan Review Habitats Regulations Assessment Scoping Report Final report Prepared by LUC January 2021 Wiltshire Council Wiltshire Local Plan Review Habitats Regulations Assessment Scoping Report Project Number 11332 Version Status Prepared Checked Approved Date 1. First draft to client T. Hicks G. Nightingale D. Green 18.12.2020 2. Second draft following client T. Hicks D. Green D. Green 11.01.2021 feedback 3. Minor Amendment to second draft G. Nightingale G. Nightingale G. Nightingale 12.01.2021 Bristol Land Use Consultants Ltd Landscape Design Edinburgh Registered in England Strategic Planning & Assessment Glasgow Registered number 2549296 Development Planning London Registered office: Urban Design & Masterplanning Manchester 250 Waterloo Road Environmental Impact Assessment London SE1 8RD Landscape Planning & Assessment landuse.co.uk Landscape Management 100% recycled paper Ecology Historic Environment GIS & Visualisation Contents Wiltshire Local Plan Review Habitats Regulations Assessment January 2021 Contents Chapter 1 Appendix A Introduction 2 Map of European Sites within 15km of Wiltshire County A-3 Background to the Local Plan 2 The requirement to undertake HRA of development plans 3 Structure of this report 4 Appendix B Attributes of European sites within 15km of Wiltshire County B-4 Chapter 2 Approach to HRA 5 Appendix C Stages of HRA 5 Review of Other Plans and Policies C-1 Relevant case law changes 7 Screening methodology 8 Appendix D Appropriate Assessment methodology 11 Map of Strategic Roads within Wiltshire County D-1 Chapter 3 European sites in and around Wiltshire 12 Chapter 4 Assessment Assumptions 14 Physical loss of habitat 14 Physical loss of functionally linked habitat 15 Non-physical disturbance 17 Non-toxic contamination 17 Air pollution 18 Recreation and urban impacts 19 Water quantity and quality 21 Summary of screening assumptions 21 Chapter 5 Consultation and Next Steps A-1 LUC I 1 Chapter 1 Introduction Wiltshire Local Plan Review Habitats Regulations Assessment January 2021 Chapter 1 Introduction LUC was commissioned by Wiltshire Council (WC) to carry out a Habitats Regulations Assessment (HRA) of its Local Plan Review. At this stage of the Wiltshire Local Plan Review, the HRA Scoping Report contains high level commentary on the HRA considerations for the Local Plan Review. As the Local Plan Review develops, further iterations of this report will be produced which, where required, will include additional assessment, including a Screening Assessment and Appropriate Assessment. The purpose of this report is as follows: To identify which European sites have the potential to be affected by the Local Plan Review, including establishing the key information such as threats and vulnerabilities, current pressures and any species and habitat interdependencies; and To set out the scope of the subsequent HRA Screening Assessment and, if required, Appropriate Assessment. Background to the Local Plan WC adopted its Core Strategy in January 2015, replacing the South Wiltshire Core Strategy as well as policies from the local plans of the former district councils. The updated Local Development Scheme (July 2020) sets out the timescales for preparing the Local Plan Review and specifies that the review will involve rolling forward the housing and employment requirements in the adopted Wiltshire Core Strategy to cover the period 2016 - 2036 and to maintain consistency with national policy. The Local Plan Review aims to review and refine the polices in the adopted Core Strategy, including the policies that were saved from the former District Council Local Plans and policies relating to town centres and recreation. The Development Plan for Wiltshire comprises the Local Plan for Wiltshire comprising the following documents together with neighbourhood plans: Wiltshire Core Strategy (January 2015); Saved policies from the former district local plans (as set out in Appendix D of the Wiltshire Core Strategy, January 2015); Chippenham Site Allocations Plan (May 2017); LUC I 2 Chapter 1 Introduction Wiltshire Local Plan Review Habitats Regulations Assessment January 2021 Wiltshire Housing Site Allocations Plan (February 2020); Annex 1 to the Habitats Directive) and species (specified and in Annex II to the Habitats Directive). These annexes to the Habitats Directive list habitat types and species Wiltshire and Swindon Minerals and Waste documents (excluding birds) considered to be most in need of including: conservation at a European level. Designation of SACs – Minerals Core Strategy (June 2009); also has regard to the threats of degradation or destruction to which the sites are exposed and, before – Waste Core Strategy (July 2009); EU exit day, to the coherence of the Natura 2000 – Minerals Development Control Policies (September network of European sites. After EU exit day, regard is 2009); had to the importance of such sites for the coherence of the national site network. – Waste Development Control Policies (September 2009); SPAs are areas classified4 for rare and vulnerable birds or regularly occurring migratory species. – Minerals Site Allocations (May 2013); Potential SPAs (pSPAs)5, candidate SACs (cSACs)6, – Waste Site Allocations (February 2013); and Sites of Community Importance (SCIs)7 and Ramsar sites – Minerals Local Plan (November 2001). should also be included in the HRA. Ramsar sites support internationally important wetland The requirement to undertake HRA of habitats and are listed under the Convention on development plans Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention, 1971). The requirement to undertake HRA of development plans was confirmed by the amendments to the Habitats For ease of reference during HRA, these designations 1 Regulations published for England and Wales in 2007 ; the can be collectively referred to as European sites8 despite currently applicable version is the Habitats Regulations 2017 Ramsar designations being at the international level. (as amended)2. When preparing its Local Plan Review, WC is therefore required by law to carry out an HRA. WC can The overall purpose of the HRA is to conclude whether commission consultants to undertake HRA work on its behalf or not a proposal or policy, or the whole development plan, and this (the work documented in this report) is then reported would adversely affect the integrity of the European site in to and considered by WC as the 'competent authority'. WC will question either alone or in combination with other plans and consider this work and may only progress the Local Plan projects. An unfavourable conclusion to HRA would pinpoint Review if it considers that the Plan will not adversely affect the areas that require amendment or deletion of policies or sites integrity3 of any European site. The requirement for authorities and allow iterative development of the plan as a whole. The to comply with the Habitats Regulations when preparing a HRA would then be repeated after each deletion or Local Plan is also noted in the Government's online Planning amendment. This is judged in terms of the implications of the Practice Guidance (PPG). plan for the 'qualifying features' for which the European site was designated, i.e.: HRA refers to the assessment of the potential effects of 9 a development plan on one or more European sites, including SACs - Annex I habitat types and Annex II species ; Special Protection Areas (SPAs) and Special Areas of Conservation (SACs): SACs are designated under the Habitats Regulations as amended and target particular habitat types (specified in ____________________________________________________________________________________________________ 1 The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (2007) SI No. 2007/1843. 5 Potential SPAs are sites that have been approved by the Minister for formal 2 The Conservation of Habitats and Species Regulations 2017 (2017) SI No. consultation but not yet proposed to the European Commission, as listed on the 2017/1012, as amended by The Conservation of Habitats and Species GOV.UK website. (Amendment) (EU Exit) Regulations 2019 (SI 2019/579). 6 Candidate SACs are sites that have been submitted to the European 3 The integrity of a site is the coherence of its ecological structure and function, Commission, but not yet formally adopted, as listed on the JNCC’s SAC list. across its whole area, that enables it to sustain the habitat, complex of habitats 7 SCIs are sites that had been adopted by the European Commission before the and/or the levels of populations of the species for which it was designated. day of the UK's exit from the EU (31 January 2020) but not yet formally (Source: UK Government Planning Practice Guidance) designated as SACs by the UK Government. 4 Classified (a) before the day of the UK's exit from the EU (31 January 2020) in 8 The term ‘Natura 2000 sites’ can also be used interchangeably with ‘European accordance with Article 4(1) or 4(2) of the European Union Wild Birds Directive sites’ in the context of HRA, although the latter term is used throughout this for rare and vulnerable birds (as listed in Annex I of the Directive), and under report. Article 4(2) for regularly occurring migratory species not listed in Annex I, or (b) 9 As listed in the site’s citation on the JNCC website (all features of European after exit day under the retained transposing regulations. importance, both primary and non-primary, need to be considered). LUC I 3 Chapter 1 Introduction