MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx

The following document has been prepared for the Hade Edge Fight for the Fields (HEFF) committee to extrapolate and present data from Natural ’s software portal, ‘MAGIC’. The contents presented are acknowledged to come entirely from the MAGIC software portal and relies on the accuracy of the data therein. Quantech Systems can accept no responsibility for the accuracy of the data other than as described by the owners of MAGIC and Natural England who have collated the data from many disparate sources. The sections below relate to the information provided through the MAGIC portal.

What is MAGIC?

The MAGIC website provides authoritative geographic information about the natural environment from across government. The information covers rural, urban, coastal and marine environments across Great Britain. It is presented in an interactive map which can be explored using various mapping tools that are included. Natural England manages the service under the direction of a steering group who represent the MAGIC partnership organisations. The software portal can be found at www.natureonthemap.naturalengland.org.uk/

Contact Details

For support: [email protected] To provide feedback: [email protected] To speak to Natural England enquiries: Telephone 0300 060 3900

MAGIC Service Manager Natural England 3rd Floor Lateral House 8 City Walk Leeds LS11 9AT

Report prepared 09/12/2016 by Quantech Systems Limited, UK, on behalf of Hade Edge Fight for the Fields (‘HEFF’) (Quantech Systems Limited, 11 Abbey Close, Hade Edge, , HD9 2DD. Company registered in England, No. 3423790. Tel: 01484 688861)

Page 1 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx Introduction: Hade Edge is a small village to the South of Holmfirth and South-East of Hepworth in West , England. It is in the parish of Holme Valley and the of . Although it started as a fairly small hamlet, it grew through the 1980s and 1990s with new housing, and the proposal by Jones Homes of Yorkshire plans to extend the current 175 dwellings by approximately 40% (an additional 66 dwellings). Hade Edge Fight for the Fields (HEFF) is a group of Hade Edge residents, all of whom are concerned about the proposals in the Draft Local Plan (‘DLP’) regarding sites H288A, SL2170A, and SL2170B. HEFF have requested help with analysing the understandably large amounts of data that are available to both the public, and to Kirklees Planning Departments (‘LPA’) when evaluating planning applications.

In the absence of detailed HRA assessment material from the developer or local council in relation to sites H288a, SL2170a and SL2170b, the purpose of this report is to undertake a brief assessment of local landscape, habitats and species, and consider the potential for any adverse effects thereon that may need further consideration by Kirklees LPA. The report has been prepared on a ‘best endeavours’ basis by a specialist software consultancy using data from Natural England and their partners. This report does not attempt to provide analysis of visual characteristics which may arise as a result of any proposed development; these are covered elsewhere in specific relation to the planning application.

Quantech Systems, as a software and hardware consultancy company have offered to help in collating the disparate sources of data to help identify areas that HEFF felt deserve to be considered as part of the Kirklees Local Plan, and also particularly in relation to the Jones Homes planning proposal (Application number 2016/60/91967/W)

Page 2 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 1. It is felt by HEFF that the impact of any development on Peak District Moors (South Pennine Moors Phase 1) (SPA), the South Pennine Moors Special Area of Conservation (SAC), and the Dark Peak Site of Special Scientific Interest (SSSI) is not being taken fully into account. This is understandable given the fact that these areas cross into bordering Parishes, Wards and even counties; Hade Edge is unique in that its location is in the furthest South-West corner of the Kirklees boundary. To illustrate why HEFF feel the location is not being given due consideration, information has been drawn from Kirklees own ‘Spectrum’ interactive map for the area, and shows that the area to the immediate South of Hade Edge does not appear to be taken into. These areas fall immediately outside Kirklees boundary, but the importance of this land also needs to be considered in any planning decision. The local plan would not be sound if planning decisions for sites H288a, SL2170a and SL2170b are made without taking full account of the impact on the immediately adjacent SPA, SAC and SSSI sites so close to H288a.

Page 3 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 2. MAGIC Overlay showing the Peak Park boundary ( highlig hted yellow fade border), land subject to C ountryside and R ight s of Way Act (light yellow fill) ‘Kirklees Way’ (red diamond) and National Cycle Network (green Dot). Site H288a is highlighted red toward centre of image and clearly falls within 1km of these areas of international importance.

Page 4 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 3. MAGIC overlays showing location and distance to Parish and Ward boundaries of Kirklees and Barnsley. Hade Edge is approx. 1km from the administrative boundary of Barnsley, South Yorkshire, and so the standard distance used for ‘zone of influence’ will extend beyond the administrative boundary of Kirklees and into the Sites of Special Scientific Interest (SSSI), Special Protection Area (SPA) and Special Area of Conservation (SAC). Failure to include these sites in planning decisions would be to make the local plan unsound. As some of the sites are of international importance and covered by European law, it also suggests that decisions made without due consideration of the surrounding areas could be questionably not legal. Natural England stated in their comments to Kirklees' HRA, that their approach should adopt a 2.5 km buffer zone and not 2km as previously used. Natural England also stated that to not undertake Appropriate Assessments at the planning stage and then at the application stage to find that the site cannot be delivered without adverse effects, would make the Local Plan unsound.

Page 5 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 4. Zone of influence. The image below shows 1km and 2.5km zone s of influence that should be taken into account when considering planning application number 2016/60/91967/W. These can clearly be seen to extend into areas that are not covered by KMC Spectrum software, but which will need to be taken into account when making informed planning decisions concerning Hade Edge, due to its unique location so close to protected areas. Kirklees borders here with Barnsley Council whose HRA identified the risk of potentially negative effects on protected sites from proposed housing allocations within 2 km buffer zone; concluding further assessment required. Therefore in-combination effects with Kirklees Council Local Plan proposed allocation for H288a are possible.

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5. MAGIC overlay showing highlighted areas for SSSI, SPA and SAC areas. Hade Edge can be seen to be within 1km of protected areas that fall outside the Kirklees parish boundary, and into adjoining LPA areas. These regions have to be taken into account during the planning process due to the national requirement for cross-boundary cooperation in such locations. The National Planning Policy Framework (NPPF) makes it clear that there should be cooperation between councils, and it is understood that this lack of engagement was one of the factors given for rejection of the original draft Kirklees Local Plan.

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Page 8 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 6. There are further important areas identified within the Defra/Rural England datasets for ‘valuable heathland ’. The Priority Habitats’ Inventory (PHI) project began in April 2012 and combines the existing individual BAP habitat inventories into one national polygon layer; this is presented below, and again clearly shows the close proximity of Hade Edge to these areas (highlighted green below). Also highlighted below are the ‘SSSI Impact Risk Zone of influence’ contours, clearly showing that Hade Edge falls between 1km and 1.5km of the influencing zone for the SSSI/SPA/SAC areas mentioned on previous slide. Development site in red.

Page 9 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 7. Within 1 km North -East of Hade Edge, there is significant ancient woodland area of Moreton Woods – the whole of this valuable and important area of woods is within a 2.5km zone of influence, and is a likely source for bats that make use of the site H288a in the summer months.

Page 10 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 8. The most important sites for bird s ar e known as ‘Important Bird and Biodiversity Areas ’ (IBAs). The IBA Programme of BirdLife International is a worldwide initiative aimed at identifying and protecting a network of sites, critical for the conservation of the world's birds. This internationally significant area is identified below in blue. As identified on the previous slides, Hade Edge lies about 1km from this important area, so any development has a duty of care to take this into account, for both the Kirklees Local Plan, and in relation to planning application number 2016/60/91967/W. The South Pennines SPA1 has as its special interest features a designated bird assemblage. It is the conservation objectives of this site and the special features which Kirklees' HRA should seek to protect by adopting the Precautionary Principle in the methodology it applies to assess any impacts from proposed allocations.

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Also presented is an overview of the importance of this area from BirdLife International, that shows the threat score (very high) and condition score (very unfavourable) for the land previously mentioned. The selection of Important Bird and Biodiversity Areas (IBAs) is achieved through the application of quantitative ornithological criteria, grounded in up-to-date knowledge of the sizes and trends of bird populations. The criteria ensure that the sites selected as IBAs have true significance for the international conservation of bird populations, and provide a common currency that all IBAs adhere to, thus creating consistency among, and enabling comparability between, sites at national, continental and global levels.

It is crucial to understand why a site is important, and to do this it is necessary to examine its international significance in terms of the presence and abundance of species that occur there, year round or seasonally. At the global level, a set of four categories and criteria are used to assess the significance of the site, while in Europe and the Middle East additional criteria have also been used. A main aim of the IBA Programme of BirdLife International is to attain an appropriate form of protection for IBAs, and the provision of convincing bird data is an essential part of any argument for statutory protection. Importantly, the application of criteria to significant species, together with future data-gathering and the development of monitoring programmes, permit not only the assessment of changes in species’ numbers but also an examination of how these changes impact on the overall importance of the site, thus helping to guide the management and conservation of the area.

The more specific, quantitative and comprehensive is the information available on IBAs, with links showing the fulfilment of obligations laid out in various EC directives and international conventions, the stronger is the case for protection. To this end, the criteria build upon existing international legal instruments such as the EC Birds Directive which obliges the designation of Special Protection Areas in the European Community, and the Ramsar Convention.

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South Pennine and Peak District Moors has been identified by BirdLife International as an IBA in danger.

(Source: http://datazone.birdlife.org/site/factsheet/south- pennine-and-peak-district-moors-iba-united-kingdom )

Citation: BirdLife International (2016) Important Bird Areas factsheet: South Pennine and Peak District Moors.

Page 13 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 9. The Bird Conservation Targeting Project (BCTP) produces breeding distribution maps for a suite of rare and declining farmland and/or woodland birds. The maps can be used to guide the prescription of land management advice based on the species already breeding in an area, or for allocating funding towards sites known to be important for birds. The data covers a 5-year period, and is updated annually. Data is collated from a wide range of sources to produce the most comprehensive maps possible. The data is displayed within MAGIC as presence-only records with 2km buffer. Slide 9 – Curlew is on the ‘BoCC 4 Red List’. Hade Edge has frequent large numbers of these birds each year using the fields immediately adjacent to the proposed development. Development so close to these fields would lead to displacement. BirdLife International has categorised the Curlew as critically endangered (CE)

Page 14 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 10. Grey Partridge – again on the ‘BoCC 4 Red List ’, and again seen in and around Hade Edge and site H288a.

Page 15 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 11. Lapwing – again on the ‘BoCC 4 Red List ’. The fields directly next to the proposed sites of both H288a, SL2170a and SL2017b. Development would lead to displacement of this species, which is categorised as ‘Critically Endangered’ (CE) by BirdLife International.

Page 16 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 12. Redshank – on the ‘BoCC 4 Amber list ’, and presented here due to close proximity within the South P ennine Moors SPA, Dark Peak SSSI and SAC buffer.

Page 17 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 13. Snipe - on the ‘BoCC 4 Amber list ’, and found frequently in upland areas including Hade Edge and the South Penni ne conservation areas.

Page 18 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 14. Tree Sparrow – Once again on the ‘BoCC4 Red list ’, included because of its nearby lo cation in Morton Woods vicinity, and within a 1km zone of influence .

Page 19 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 15. Turtle Dove – On the ‘BoCC4 Red list ’, seen in Hade Edge 2015 & 2016, and in such low numbers that this is an extremely important area for this species.

Page 20 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx 16. Twite – Again, ‘BoCC 4 Red list ’, and official spotting s in and around Hade Edge. Due to the rather small concentration over Hade Edge, it is natural that displacement of this species would be of considerable significance.

Other species of birds spotted in Hade Edge recently that also have protected status include the Golden Plover, and the Short Eared Owl, which is of European conservation concern; the Short Eared Owl is an Amber List species in addition to the BoCC list presented in MAGIC. Short Eared owls favour voles as food, which are found in abundance around Hade Edge and the surrounding area. Page 21 of 24 MAGIC software – HRA assessment – Quantech Systems Ltd. http://www.natureonthemap.naturalengland.org.uk/MAGICMap.aspx

Summary and Conclusion:

The data used by Kirklees Planners in the ‘Spectrum’ interactive map, is very comprehensive and a useful tool for planning, but it does not take any account of bordering areas that are of national and international significance. The proximity of Hade Edge provides it a unique and important place in the habitat and environment, particularly in relation to the South Pennine Moors Phase 1 SPA, and the Dark Peak SSSI. This unique position has influence falling into these areas, and the zone of influence contours of the SSSI and SPA shows Hade Edge within 1km, and should be taken into account for both the Kirklees Local Plan, and also in relation to the proposed planning application number 2016/60/91967/W.

It can be shown that there is significant protected wildlife found in and around Hade Edge that provide it a unique place in the Kirklees environment, and failure to take into account this unique position and rich location is a material fact when considering planning applications. Failure to recognise this unique position when preparing a local development plan would be making a decision without taking account of many material facts. Mitigation for this could be provided by further studies for which Quantech Systems is not in a position to provide; this would have to be taken up with relevant authorities and organisation such as the Campaign for Rural England, the RSPB, Natural England, etc.

It should also be noted that the MAGIC software has no overlay data for bat species, yet there is a known maternity roost present within Hade Edge and reported to the Bat Conservation Trust as recently as July 2016. It is not known where the winter roost for these bats is, but is usually with a couple of kilometres and within deciduous woodland, so Moreton Wood would be a natural site. Further investigation would have to include both the winter hibernation roost and the summer maternity roost at Hade Edge, so would require two site visits at separate times of the year. The bats are in evidence every night from late April to July when Juvenile Bats in particular are at highest risk of predation or displacement. There are multiple confirmed records existing for airborne and grounded adult and juvenile bats on Dunford Road, Abbey Close, Hopefield Court, Greave Road and over the proposed development site as recently as 2016, and for at least the last 16 years. The juvenile bats feed mainly on small flying insects such as midges which can be found over upland gardens and grazing fields similar to the proposed site. Attached bat report as further evidence.

Quantech Systems acknowledges Rural England and their partners for the data contained within the MAGIC portal. Natural England manages the service under the direction of a Steering Group who represent the MAGIC partnership organizations:

The MAGIC partners are: • Department for Environment, Food and Rural Affairs • Historic England • Natural England • Environment Agency • Forestry Commission • Marine Management Organisation

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Annex 1 – BoCC4 Red/Amber lists:

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