Minerals Site Specific Allocations Plan – Single Issue Silica Sand Review Habitats Regulations Assessment – Test of Likely Significant Effects Regulation 61 of the Conservation of Habitats and Species Regulations 2010 September 2015 Minerals Site Specific Allocations Plan – Single Issue Silica Sand Review Habitats Regulations Assessment – Test of Likely Significant Effects Regulation 61 of the Conservation of Habitats and Species Regulations 2010 September 2015 Mr T McCabe – Executive Director Community and Environmental Services Norfolk County Council Martineau Lane Norwich NR1 2SG www.norfolk.gov.uk If you need this document in large print, audio, braille, an alternative format or in a different language please contact Norfolk County Council on 0344 800 8020 or 0344 8008011 (textphone) and we will do our best to help. List of Contents Page Summary S-1 Chapters and Appendices 1 Introduction 1-1 1.1 Silica Sand Review of the Minerals Site Specific Allocations DPD 1-1 1.2 Legislative Framework 1-2 1.3 Scope of Work 1-3 1.4 Methodology 1-4 1.5 Zone of Influence 1-5 1.6 Designated Sites within the Zone of Influence 1-6 1.7 Consultation 1-6 2 Screening Matrix 2-7 3 Summary of Task 1 and Recommendationsfor Task 2 3-1 4 References 6-1 Appendix A Location of the Designated Sites A-1 Appendix B Designated Sites and Qualifying Features B-1 B.1 Ouse Washes SPA B-1 B.2 The Wash SPA B-2 B.3 Norfolk Valley Fens SAC B-4 B.4 Ouse Washes SAC B-6 B.5 Roydon Common and Dersingham Bog SAC B-6 B.6 The Wash and North Norfolk Coast SAC B-7 B.7 Ouse Washes Ramsar B-10 B.8 Roydon Common Ramsar B-11 B.9 The Wash Ramsar B-12 B.10 Dersingham Bog Ramsar B-13 Appendix C Sensitivity of Qualifying Features Analysis C-1 C.1 Sensitivities of the Qualifying Habitats C-1 C.2 Sensitivities of the Qualifying Species – Birds C-8 C.3 Sensitivities of the Qualifying Species – Fish C-23 C.4 Sensitivities of the Qualifying Species – Invertebrates C-23 C.5 Sensitivities of the Qualifying Species – Mammals C-25 i September 2015 Acronyms and Abbreviations AA Appropriate Assessment DPD Development Plan Document EA Environment Agency LDF Local Development Framework NE Natural England RDB Red Data Book RSPB Royal Society for the Protection of Birds SA Sustainability Appraisal SAC Special Area of Conservation SPA Special Protection Area SSSI Site of Special Scientific Interest TOLS Test of Likely Significance ZoI Zone of Influence i September 2015 Summary S.1 Background The Silica Sand Review of the Minerals Site Specific Allocations Plan is produced through the assessment of the proposed specific site put forward by a mineral company, in response to a ‘call for sites’, and defining areas of search within which sites for future silica sand extraction may be granted planning permission in the future. An initial assessment of the proposed specific site and ten areas of search has been carried out against environmental, transport, landscape, heritage, archaeology and amenity constraints. The Silica Sand Review of the Minerals Site Specific Allocations DPD must be considered in the wider context of the other documents of the Minerals and Waste Local Development Framework (M&W LDF). The ‘Core Strategy and Minerals and Waste Development Management Policies Development Plan Document’ (the ‘Core Strategy’) was adopted in 2011 and sets out the spatial vision for future minerals extraction and associated development and waste management facilities in Norfolk. The Core Strategy contains strategic objectives and policies that will guide where minerals extraction and waste management facilities should and should not occur in Norfolk. Development Management policies will also ensure that development will happen in a sustainable way at those locations assessed as being appropriate for development. The Minerals Site Specific Allocations Plan (adopted in 2013) allocated 28 sites for mineral extraction (sand and gravel, carstone and silica sand) in Norfolk during the plan period to 2026. The Silica Sand Review of the Minerals Site Specific Allocations Plan is planned to be adopted by the end of 2016 and will operate until the end of 2026, with the purpose to plan for mineral extraction in the most sustainable way that minimises potential adverse impacts on amenity and environmental resources. In accordance with Article 6 paragraph (3) of the Council Directive 92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive) (as amended), as transposed into UK law under the Conservation of Habitats and Species Regulations 2010 (as amended), assessments are required where a plan (or project) not directly connected with or necessary to the management of the site may give rise to significant effects upon a Natura 2000 site. The competent authority shall then agree to the plan only after having ascertained that the plan will not adversely affect the integrity of the site concerned. The objective of this report is to act as a Task 1 screening exercise to identify any likely significant impacts upon the Special Protection Areas (SPA), Special Areas for Conservation (SAC) and Ramsar designated sites. The screening exercise is a high-level review of the potential impacts arising from the implementation of the Silica Sand Review of the Mineral Site Specific Allocations Plan. Only proposed specific sites and areas of search that are reasonably close to European and/or Ramsar designated areas are included in the screening matrix table and assessed. Proposed specific sites and areas of search located more than 5km from the designated site were excluded from the screening exercise, unless otherwise specified in the table, because the potential impacts of silica sand extraction on designated sites are not expected to occur over a distance greater than 5km. S-1 September 2015 Following the detailed review of the potential minerals specific site and areas of search and the formulation of the Task 1 Test of Likely Significance (TOLS) screening matrix, two areas of search have been identified which could potentially result in likely significant effects on European and Ramsar designated sites. Developers wanting to extract silica sand from specific sites or land within an areas of search contained in the Silica Sand Review will still need to apply for and be granted planning permission before mineral extraction can take place. Planning permissions are often granted subject to conditions to mitigate potential adverse impacts from site operations. S.2 Summary and Recommendations for Task 2 Following the detailed review of the proposed specific site and ten areas of search defined for the Silica Sand Review of the Mineral Site Specific Allocations DPD and the formulation of the Task 1 Appropriate Assessment screening, two areas of search have been identified which could potentially result in likely significant effects on European and Ramsar designated sites. These are: The Wash Ramsar: Areas of Search A and B; likely significant effects, alone and in- combination were identified for criterion 5 and 6 of the Ramsar site. The Wash SPA: Areas of Search A and B; likely significant effects, alone and in- combination, were identified for all features of the SPA. The Wash and North Norfolk Coast SAC: Ares of Search A and B; uncertain significant effects, alone and in-combination were identified for all features of the SAC. The remaining designated sites are sufficiently distant from the proposed specific site and defined areas of search so that likely impacts are not considered significant. Nevertheless, best practice should be followed for future silica sand extraction at the proposed site and the areas of search. Based on this assessment Areas of Search A and B, must go through a Task 2 Appropriate Assessment. At this stage, impacts are re-evaluated, a more detailed assessment is conducted and appropriate mitigation measures are proposed, if needed. In addition, it is also recommended: Best practice should be followed at all times. This is most relevant where water dependent habitats are features of the designated sites. Monitoring programmes should be implemented where relevant to ensure that any changes to designated features are identified and preventive measures are implemented as soon as possible, therefore preventing an adverse effect. The Natural Environment and Rural Communities Act, the NERC Act (2006), states that public authorities must have regard to the purpose of conserving biodiversity including the restoration or enhancing of a population or habitat. When restoration is one of the objectives of the activity, the conservation objectives of the European site need to be considered where reasonable. In addition, although the sites are located outside the designated sites boundaries, the restoration or enhancing of a population or habitat should be integrated with plans such as the Green Infrastructure Strategy, Biodiversity Action Plans and Norfolk Ecological Networks. S-2 September 2015 1 Introduction 1.1 Silica Sand Review of the Minerals Site Specific Allocations DPD Silica sand is a nationally important industrial mineral and the primary use for silica sand extraction in Norfolk is glass making. The silica sand resource in Norfolk is found in a relatively narrow band which runs north to south just to the east of King’s Lynn. The northern extent of the silica sand resource is at Heacham and the southern extent around Hilgay. The area of current extraction is centred on the parish of Leziate. A silica sand processing plant is located at Leziate, together with a railhead. The majority of the processed silica sand is transported out of Norfolk by rail. The Silica Sand Review of the Minerals Site Specific Allocations Plan is produced through the assessment of the proposed specific site put forward by a mineral company, in response to a ‘call for sites’, and defining areas of search within which sites for future silica sand extraction may be granted planning permission in the future.