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A Survey of Access Onto the Thames Basin Heathlands

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A Survey of Access Onto the Thames Basin Heathlands GLADMAN DEVELOPMENTS LTD LAND OFF MELL ROAD, TOLLESBURY, ESSEX Part of the ES Group INFORMATION FOR HABITATS REGULATIONS ASSESSMENT Pursuant to Regulation 63 of The Conservation of Habitats and Species Regulations 2017 July 2019 8201.IHRA.vf1 ecology solutions for planners and developers COPYRIGHT The copyright of this document remains with Ecology Solutions The contents of this document therefore must not be copied or reproduced in whole or in part for any purpose without the written consent of Ecology Solutions. CONTENTS 1 INTRODUCTION 1 2 LEGISLATIVE AND PLANNING POLICY BACKGROUND 3 3 LOCATION OF APPLICATION SITE IN RELATION TO INTERNATIONAL / EUROPEAN DESIGNATED SITES 18 4 CONSERVATION STATUS OF INTERNATIONAL / EUROPEAN DESIGNATED SITES 21 5 ASSESSMENT OF THE IMPLICATIONS OF THE DEVELOPMENT PROPOSALS FOR THE CONSERVATION OBJECTIVES OF THE INTERNATIONAL / EUROPEAN DESIGNATED SITES 29 6 MITIGATION / AVOIDANCE MEASURES AND APPROPRIATE ASSESSMENT 45 7 SUMMARY AND CONCLUSIONS 52 PLANS PLAN ECO1 Application Site Location in Relation to International / European Designated Sites PLAN ECO2 Public Rights Of Way in Local Vicinity of Application Site APPENDICES APPENDIX 1 Land off Mell Road, Tollesbury - Development Framework Plan (Drawing No. 7192-L-03 Rev I) (FPCR Environment and Design) APPENDIX 2 Flow Diagram from ODPM / Defra Circular APPENDIX 3 Essex Coast RAMS Strategy Document and Supplementary Planning Document APPENDIX 4 Blackwater Estuary SPA Citation and Natura 2000 Standard Data Form APPENDIX 5 European Site Conservation Objectives for Blackwater Estuary SPA APPENDIX 6 Ramsar Information Sheet (RIS) for Blackwater Estuary Ramsar Site APPENDIX 7 Essex Estuaries SAC Citation and Natura 2000 Standard Data Form APPENDIX 8 European Site Conservation Objectives for Essex Estuaries SAC APPENDIX 9 Blackwater Estuary SSSI Citation APPENDIX 10 Blackwater Estuary SSSI Condition Assessment (May 2019) APPENDIX 11 Abberton Reservoir SPA Citation and Natura 2000 Standard Data Form APPENDIX 12 European Site Conservation Objectives for Abberton Reservoir SPA APPENDIX 13 European Site Conservation Objectives: Supplementary Advice for Abberton Reservoir SPA APPENDIX 14 Ramsar Information Sheet (RIS) for Abberton Reservoir Ramsar Site APPENDIX 15 Abberton Reservoir SSSI Citation APPENDIX 16 Abberton Reservoir SSSI Condition Assessment (May 2019) APPENDIX 17 Colne Estuary SPA Citation and Natura 2000 Standard Data Form APPENDIX 18 European Site Conservation Objectives for Colne Estuary SPA APPENDIX 19 Ramsar Information Sheet (RIS) for Colne Estuary Ramsar Site APPENDIX 20 Colne Estuary SSSI Citation APPENDIX 21 Colne Estuary SSSI Condition Assessment (May 2019) APPENDIX 22 Land off Mell Road, Tollesbury: Winter Bird Survey Report (June 2019) (FPCR Environment and Design) Land off Mell Road, Tollesbury Ecology Solutions Information for Habitats Regulations Assessment 8201.IHRA.vf1 July 2019 1. INTRODUCTION 1.1. Background 1.1.1. Ecology Solutions was commissioned by Gladman Developments Ltd (Gladman) in December 2018 to consider the development proposals for Land off Mell Road, Tollesbury, Essex (hereafter referred to as the application site) and to undertake detailed assessment of the potential impacts of the proposals on international / European designated sites in the vicinity. 1.1.2. The findings of this assessment work are set out within this ‘Information for Habitats Regulations Assessment’ document (IHRA), such that the Competent Authority (Maldon District Council) has all the necessary information before it in order to carry out its duties in considering the application, in line with relevant planning policy and legislation, including specifically The Conservation of Habitats and Species Regulations 2017 (hereafter referred to as the Habitats Regulations). Application Site Characteristics 1.1.3. The application site lies to the south of the village of Tollesbury in Essex. Existing residential development is situated to the north, east and west of the application site, with agricultural fields located to the south. Open countryside is located further to the south, east and west of the application site. 1.1.4. The application site is approximately 4.42 hectares in size and comprises part of an arable field, bound by hedgerows, treelines and the boundaries of adjoining residential dwellings. Development Proposals 1.1.5. The description of development is outlined below: “Outline planning application for the development of up to 90 new residential dwellings and associated infrastructure.” 1.1.6. The illustrative proposals for the site are shown on the Development Framework Plan produced by FPCR Environment and Design, a copy of which is included at Appendix 1. 1.2. Purpose of this Report 1.2.1. This report specifically assesses the potential significant effects of the development proposals on international / European designated sites. Within this document specific regard is had to the test under Regulation 63 of the Habitats Regulations. Regulation 63 is described and considered further in Section 2 of this document. 1.2.2. Assessment under Regulation 63 of the Habitats Regulations is required in this instance, since the application site lies in close 1 Land off Mell Road, Tollesbury Ecology Solutions Information for Habitats Regulations Assessment 8201.IHRA.vf1 July 2019 proximity or in an identified Zone of Influence of a number of European / internationally designated sites, specifically: • Essex Estuaries Special Area of Conservation (SAC); • Blackwater Estuary Special Protection Area (SPA) / Ramsar Site; • Dengie SPA / Ramsar Site; • Abberton Reservoir SPA / Ramsar Site; and • Colne Estuary SPA /Ramsar Site 1.2.3. The proximity of the application site to these international / European designated sites is described in detail at Section 3 of this report and is also shown on Plan ECO1. 1.2.4. As part of this assessment, professional judgement has been applied in some instances in order to interpret information. This assessment has been undertaken by professional ecological consultants who are members of the Chartered Institute of Ecology and Environmental Management (CIEEM), and who are therefore qualified to make such judgements where appropriate. 1.2.5. This document assesses the likely significant effects of the development proposals as a whole, both alone and in combination with other plans / projects. It then goes on to consider whether the development proposals will give rise to an adverse effect on the integrity of the relevant designated sites. 1.2.6. It is the opinion of Ecology Solutions, following detailed assessment, that the development proposals would not result in a significant adverse effect on the integrity of any international / European designated sites, either alone or in combination with any other plans or projects, and that as such the test contained at Regulation 63 of the Habitats Regulations would not be failed. 2 Land off Mell Road, Tollesbury Ecology Solutions Information for Habitats Regulations Assessment 8201.IHRA.vf1 July 2019 2. LEGISLATIVE AND PLANNING POLICY BACKGROUND 2.1. This section of the document outlines further details regarding the legislation and planning policy of particular relevance to the development proposals. 2.2. Legislation and relevant case law 2.2.1. The proximity of the application site to international / European designated sites means that the EC Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna (Habitats Directive) and the EC Directive on Wild Birds (Birds Directive) are of relevance. The Directives are transposed in UK legislation through the Habitats Regulations (2017). 2.2.2. It is also noted that the application site lies in proximity to a number of Ramsar sites; specifically, Blackwater Estuary, Abberton Reservoir and Dengie. The UK is a signatory to the Convention on Wetlands of International Importance Especially as Wildfowl Habitat 1971, commonly known as the Ramsar Convention after the town in which it was signed. Parties to the Ramsar Convention are obliged to designate particular sites as Wetlands of International Importance. 2.2.3. The obligations imposed by the Convention are in themselves not particularly strong, in that they require the promotion and encouragement of the stated aims, rather than any specific action. However, as a matter of policy1, Ramsar sites receive the same protection as designated SPAs and SACs. The procedures applicable to European sites are therefore to be applied to Ramsar sites, even though these are not European sites as a matter of law. 2.2.4. The relevant Directives and UK legislation are discussed below. Habitats and Birds Directives 2.2.5. Under the EC Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna, commonly referred to as the Habitats Directive (Council Directive 92/43/EEC), Member States are required to take special measures to maintain the distribution and abundance of certain priority habitats and species (listed in Annexes I and II of the Directive). 2.2.6. Each Member State is required to designate the most suitable sites as Special Areas of Conservation (SACs). All such SACs will form part of the Natura 2000 network under Article 3(1) of the Habitats Directive. 2.2.7. Article 2(3) sets out that member states have a duty, in exercising their obligations under the Habitats Directive to: “.. take account of economic, social and cultural requirements and local characteristics.” 1 As noted at paragraph 176 (b) of the National Planning Policy Framework (February 2019)
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