AGENDA ITEM 7

EAST HERTS COUNCIL

THE EXECUTIVE – 3 APRIL 2007

REPORT BY EXECUTIVE MEMBER FOR REGIONS AND PARTNERSHIPS

7. LOCAL PLAN SECOND REVIEW – APPROPRIATE ASSESSMENT AND THE HABITATS DIRECTIVE

WARD(S) AFFECTED: All

RECOMMENDATION - that the Appropriate Assessment Screening Report of the draft Local Plan Second Review attached at Appendix ‘A7’ to this report be approved and made public at the time of adoption of the Local Plan Second Review.

1.0 Purpose/Summary of Report

1.1 The purpose of this report is to inform the Executive of the requirements of the European Habitats Directive in relation to the emerging Local Plan Second Review and to seek Executive endorsement of the “Appropriate Assessment” screening work that has been carried out.

2.0 Contribution to the Council’s Corporate Objectives

2.1 The report seeks to contribute to the Corporate Priority of preserving the unique mix of rural and urban communities, ensuring economic opportunities are generated for the benefit of all.

3.0 Background

3.1 On 20 October 2005, the European Court of Justice ruled that the United Kingdom had failed to transpose the provisions of Article 6 (3) and (4) of the Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (known as the Habitats Directive) into UK Law. The Court found that, as a result of the failure to make land-use plans subject to Appropriate Assessment of their implications for European Sites, Article 6(3) and (4) of the Habitats Directive has not been transposed completely.

7.1

3.2 In response the Government published draft regulations (the draft Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations) that require Appropriate Assessment for all land-use plans – including Regional Spatial Strategies, transitional plans, Development Plan Documents and Supplementary Planning Documents.

3.3 The purpose of Appropriate Assessment is to assess the impacts of a land-use plan against the conservation objectives of a European Site and to ascertain whether it would adversely affect the integrity of that site. Where significant negative effects are identified, alternative options should be examined to avoid any potential damaging effects.

3.4 The European Sites referred to are those of exceptional importance in respect of rare, endangered or vulnerable natural habitats and species within the European Community. They consist of Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Offshore Marine Sites (OMS) (there are no OMS designated at present). SPAs are designated for the protection of wild birds and their habitats and SACs target specific habitats and/or species of European importance.

3.5 The Lee Valley Special Protection Area includes two sites within East Herts – at Rye Meads and Amwell Quarry. There is also a Special Area of Conservation at Wormley-Hoddesdonpark Woods. These two sites are shown on the plans at Appendix A and B of the Appropriate Assessment document.

3.6 The East Herts Local Plan Second Review is currently nearing adoption. A Local Plan Inquiry was held between October 2005 and April 2006 during which an Independent Inspector heard evidence in respect of the outstanding objections to the Plan. A draft version of the Inspector’s Report was received in November 2006 and the final version was published in February 2007. The report is binding on the Council. The final adoption of the Local Plan will take place at Full Council on 18 April 2007.

3.7 The Local Plan was subject to Sustainability Appraisal, incorporating the requirements of the Strategic Environment Assessment Directive, before the Re-Deposit Version in 2004. However, since Appropriate Assessment has only recently been a requirement of land-use plans in the UK no such Assessment was carried out at the earlier stages of plan production.

7.2

4.0 Report

4.1 Government advice is that Appropriate Assessment is applied from the date of the court ruling (i.e. October 2005). If a Plan is adopted before the amending Regulations come into force then Appropriate Assessment may not be required. However, since it is not certain when the amending regulations will come into force it was considered prudent to undertake the Appropriate Assessment work.

4.2 The first stage of the process was to ascertain whether the Local Plan would have a significant effect on any European sites, either within the District or outside. This process is known as the “screening” stage. If no significant effects are identified then no further assessment work is necessary. If significant effects are identified then the further work is required to assess the impact of the plan on the site’s integrity in view of the conservation objectives for the site.

4.3 The Screening Report attached as Appendix ‘A7’ (pages 7.5 – 7.28) to this report highlights the European Sites in the District, identifies the policies and proposals in the Local Plan that might affect the European Sites and then evaluates their significance.

4.4 The conclusion reached by the screening report is that Policy ENV12 of the Local Plan Second Review (formerly Policy ENV19 in the Re-Deposit Local Plan) establishes a strong framework of protection for European Sites that reflects the Habitats Directive and will help maintain the importance of these sites through the life of the Plan. While there are several proposals in the Local Plan in proximity to these sites, the requirements imposed through Policy ENV12 ensure that none of the proposals are likely to result in a significant effect on a European site.

5.0 Consultation

5.1 It is a requirement of the Appropriate Assessment process that English Nature (now part of Natural England) is consulted on the screening report and on any subsequent assessment that takes place as they are defined as the competent national body. Consultation with English Nature took place in September 2006. English Nature considered that the draft report largely met the requirements of the Directive and made a number of detailed comments of the report. These comments have all been incorporated into the final report.

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5.2 There is no requirement for public consultation as part of this process but the results of any Appropriate Assessment work carried out will be made public along with the Adopted Local Plan.

6.0 Legal Implications

6.1 The Local Plan is required to be compliant with the Habitats Directive. Officers in both the Development Plans team and Legal Services are content that the approach meets the requirements of the Habitats Directive.

6.2 The responsibility for carrying out the Appropriate Assessment work lies with the Council. Any assessment work would need to be completed by the time the Plan is adopted but it is not a requirement that it be considered by the Inspector at the Local Plan Inquiry.

7.0 Financial Implications

7.1 The screening exercise carried out has been funded from within existing budgets.

8.0 Human Resource Implications

8.1 The screening exercise carried out has been undertaken by existing Development Plans Team staff.

9.0 Risk Management Implications

9.1 A Local Plan that had been adopted but had not complied with the requirements of the Habitats Directive could be subject to legal challenge through the courts. This process would be costly and time-consuming and would undermine the Council’s ability to implement the new Local Plan.

Background Papers East Herts Local Plan Second Review Habitats Directive Hertfordshire Minerals Local Plan Review Appropriate Assessment Draft Screening Report (Consultation Version)

Contact Member: Councillor Mike Carver – Executive Member for Regions and Partnerships.

Contact Officer: Claire Sime – Development Plans Manager, Ext. 1622 7.4

APPENDIX ‘A7’

East Herts Local Plan

Second Review

Appropriate Assessment

Screening Report

April 2007

7.5

Contents

Section Title Page no.

1.0 Introduction 7.7 2.0 East Herts Local Plan Second Review 7.7 3.0 European Sites in East Herts 7.8 4.0 The impact of the Local Plan: 7.8 Policy ENV12 Site-specific proposals: Wormley-Hoddesdonpark Woods SAC Lee Valley SPA 5.0 Conclusion 7.12 Appendices 7.13

7.6

1.0 Introduction

“Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans and projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” Article 6(3) Habitats Directive

1.1 Article 6(3) of the Habitats Directive requires that any plan or project likely to have a significant effect on a European Site of nature conservation importance must be subject to Appropriate Assessment. The purpose of this assessment is to ensure that the protection of the integrity of European Sites is part of the planning process. This requirement is transposed into UK legislation by means of Regulation 48 of The Conservation (Natural Habitats, &c.) 1994.

2.0 East Herts Local Plan Second Review

2.1 The East Herts Local Plan Second Review is currently working towards adoption. It has been prepared under the Transitional Arrangements for plans that were in production before the Planning and Compulsory Purchase Act 2004 came into force.

2.2 The Deposit Version was subject to consultation in mid-2001 and the Re-Deposit Version was subject to consultation during December 2004 and January 2005. A Local Plan Inquiry was held between October 2005 and April 2006 during which an Independent Inspector heard evidence in respect of the outstanding objections to the Plan. The final Inspector’s Report was received in February 2007. Adoption of the Local Plan will take place at Full Council on 18 April 2007.

2.3 The Plan was subject to Sustainability Appraisal, incorporating the requirements of the Strategic Environment Assessment Directive, before the Re-Deposit Version in 2004.

7.7 3.0 European Sites in East Herts

3.1 European Sites, collectively known as the Natura 2000 network, are those of exceptional importance in respect of rare, endangered or vulnerable natural habitats and species within the European Community. They consist of Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Offshore Marine Sites (OMS) (there are no OMS designated at present).

3.2 East Herts has a Special Protection Area in the Lee Valley consisting of sites at Rye Meads and Amwell Quarry (the Lee Valley SPA also includes the Turnford and Cheshunt Pits SSSI and Walthamstow Reservoirs SSSI, which are both outside East Herts). There is also a Special Area of Conservation at Wormley-Hoddesdonpark Woods. These two sites are shown on the plans at Appendix A and B. A brief description of these two areas is set out below and a more detailed description is included at Appendix C & D.

Wormley-Hoddesdonpark Woods SAC comprises ancient semi-natural woodland, but of an oak-hornbeam assemblage (one of only two outstanding sites in the UK). This includes coppice and wood pastures with frequent mature oak and hornbeam pollards.

The Lee Valley SPA forms the only non-woodland Natura 2000 site within Hertfordshire, comprising a series of man-made and semi- natural wetlands including reservoirs, gravel pits and sewage treatment lagoons. This area was designated as an SPA (and Ramsar site) due to populations of the overwintering wildfowl; bittern, gadwall and shoveler. These are reliant on a mosaic of wetland habitats, including marginal communities (particularly reedbeds for bittern) and open water, with various water depths required for foraging.

Extract from the Hertfordshire Minerals Local Plan Review Appropriate Assessment Draft Screening Report (Consultation Version) Prepared for Hertfordshire County Council by Land Use Consultants July 2006

4.0 The impact of the Local Plan

4.1 In terms of the impact on the European Sites in East Herts, the Local Plan contains a number of important policies that need to be assessed as to their significance. There are overarching policies that deal with general issues affecting the District and there are site-specific policies that propose particular uses in particular areas.

7.8 4.2 In terms of specific proposals or allocations in the Local Plan there are few in close proximity to the European Sites. Appendix F illustrates the Local Plan proposals in the vicinity of the Wormley-Hoddesdonpark Woods SAC and Appendix G illustrates the same in the vicinity of the Lee Valley SPA at Amwell Quarry/Rye Meads.

ENV12 – Special Area of Conservation/Special Protection Area/Ramsar Site

4.3 Policy ENV12 (see Appendix E) sets out the policy framework for considering potential development affecting Special Areas of Conservation, Special Protection Areas and Ramsar sites. The wording of the policy reflects the Habitats Directive and states that any such proposals will be subject to rigorous examination. A proposal that is deemed to harm one of these sites will not be permitted unless the Council is satisfied that there is no alternative solution and there are imperative reasons of overriding public interest for the development or land use change.

4.4 The contents of this Policy are not likely to have a significant effect on European Sites but rather consolidate and enhance the protection afforded to these important sites.

Site-specific proposals – Wormley-Hoddesdonpark Woods SAC

4.5 The Wormley-Hoddesdonpark Woods SAC is located in the south- western corner of the district away from the district’s main towns and settlements. The SAC is surrounded by Metropolitan Green Belt, which imposes a strict policy of restraint on most types of development. One part of this woodland is close (around 100 metres) to the settlement of Brickendon, which is identified in Local Plan Policy OSV2 as a Category 2 village. Policy OSV2 (see Appendix H) provides for infill development (generally up to 5 dwellings) and small-scale development of certain types in Brickendon. However, Policy OSV2 does not override the general protection afforded to European Sites by Policy ENV12 and any development proposed in Brickendon would still need to avoid harm to the SAC.

4.6 On the basis that, firstly, the nearest part of the village of Brickendon is 100 metres away from the SAC; secondly the type of development provided for here is small-scale; and thirdly that the overarching policy protection of Policy ENV12 remains in force, it is considered that the provisions of the Local Plan will not have a significant effect on the Wormley-Hoddesdonpark Woods SAC.

Site-specific proposals – Lee Valley SPA

4.7 Those parts of the Lee Valley SPA that are within East Herts (Amwell Quarry and Rye Meads) are located to the south of the district, near to the settlements of Great Amwell, Stanstead Abbotts and

7.9 Hoddesdon/Rye House. Great Amwell is identified in Local Plan Policy OSV2 as a Category 2 village. Policy OSV2 (see Appendix H) provides for infill development (generally up to 5 dwellings) and small-scale development of certain types in Great Amwell. However, as stated above, Policy OSV2 does not override the general protection afforded to European Sites by Policy ENV12 and any development proposed in Great Amwell would still need to avoid harm to the SPA.

4.8 As with Brickendon above, it is considered that the provisions of the Local Plan for development in Great Amwell will not have a significant effect on the Lee Valley SPA. This is on the basis that the nearest part of Great Amwell is 150 metres away from the SPA; the type of development provided for here is small-scale; and the overarching policy protection of Policy ENV12 remains in force.

4.9 Stanstead Abbotts is a larger settlement and although the Local Plan makes no specific proposals that would affect the SPA within the settlement boundary, as defined on the Proposals Map, development may be appropriate subject to the general policies for new development. The nearest part of Stanstead Abbotts is around 90 metres from the SPA. The provisions of the Local Plan for Stanstead Abbotts are largely the same as the existing Local Plan (adopted in 1999). Despite the relative proximity of the settlement to the SPA, there is not considered to be any likely significant effect from the Local Plan proposals on the SPA. Any development proposed in Stanstead Abbotts would, in any event, still need to meet the requirements of Policy ENV12, which would prevent any harmful development that could not be justified.

4.10 The settlement of Ware is around 850 metres from the northern tip of the Lee Valley SPA. The nearest part of Ware is the Marsh Lane designated Employment Area, wherein Policy EDE1 establishes a positive framework for employment development. Employment uses have existed on this site for some time and a continuation or redevelopment of these uses is unlikely to have a significant effect on the SPA. However the provisions of Policy ENV12 would still apply and any proposals would be carefully assessed as to their detailed impact.

4.11 The Tumbling Bay area in Ware is adjacent to the SPA in the Lee Valley. Policy WA10 sets out encouragement for uses such as informal non-motorised boating and angling and the provision of open access for walkers and cyclists will be encouraged. Essential small scale facilities for outdoor sport and outdoor recreation will be permitted but only as far as is compatible with the nature and landscape conservation interests of the locality. Activities generating undue noise or disruption that would affect local amenity will not be supported.

4.12 There is adequate policy protection in both WA10 and ENV12 to ensure that any recreational use of the Tumbling Bay area does not harm the conservation interests associated with the Lee Valley SPA.

7.10 4.13 Perhaps the most significant proposal of the Local Plan in relation to European Sites is the proposed Major Developed Site (MDS) status for the Rye Meads Sewage Works. In some ways the SPA at Rye Meads is in an unexpected location for a site of European importance for birds. It is located close to the A414 dual carriageway and sandwiched between two railway lines, it is very close to both a go-kart and a speedway track and a major storage and distribution warehouse is just across the river. The Rye Meads MDS is around 30 metres from the SPA and development on this site could potentially have a significant effect on the SPA.

4.14 Government guidance in PPG2: Green Belts advises that local authorities may identify existing substantial developed sites within the Green Belt as MDS. MDS status allows redevelopment or limited infilling subject to certain criteria as set out in Policy GBC4 (see Appendix I). These relate particularly to the impact on the Green Belt and the purposes of including land within a Green Belt.

4.15 Policy GBC4 also states that redevelopment should not lead to a major increase in the developed proportion of the site and that any proposals should be accompanied by a landscaping scheme. A planning brief is also required and this would offer an opportunity to assess in more detail any constraints on development, such as the impact on a European nature conservation site.

4.16 A key element of Policy GBC4 is that it must be seen in the context of the other policies in the plan and does not override policies such as Policy ENV12. In fact the preamble to Policy GBC4 specifically refers to MDS in proximity to nature conservation interests.

“A number of the sites also have considerable environmental interest either through being listed buildings or because they adjoin areas of national nature conservation importance. In such cases, policies contained within Chapters 8 and 9 (Environment and Design and Built Heritage) should also be referred to.”

(para 4.6.5, East Herts Local Plan Second Review)

4.17 Designating the Rye Meads Sewage Works as a Major Developed Site is not considered to have a significant effect on the Lee Valley SPA. Policy GBC4 itself proposes no specific development for this site and contains sufficient safeguards to protect important adjacent sites. Moreover, the overarching policy protection given by Policy ENV12 to European Sites would impose additional constraints on the redevelopment of this site.

7.11 5.0 Conclusion

5.1 The European Sites of nature conservation interest in the district are valued features that have local importance as well as wider significance. The Local Plan Second Review attaches a correspondingly high level of protection to these sites from inappropriate development.

5.2 Policy ENV12 establishes a robust approach to the protection of European Sites that reflects the Habitats Directive and will help maintain the importance of these sites through the life of the Plan. While there are several proposals in the Local Plan in proximity to these sites, the requirements imposed through Policy ENV12 ensure that none of the proposals are likely to result in a significant effect on a European site.

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Appendices

Appendix A: Lee Valley Special Protection Area

Appendix B: Wormley-Hoddesdonpark Woods Special Area of Conservation

Appendix C: Description of Lee Valley Special Protection Area

Appendix D: Description of Wormley-Hoddesdonpark Woods Special Area of Conservation

Appendix E: Policy ENV12 and associated paragraphs, East Herts Local Plan Second Review

Appendix F: Local Plan proposals in the vicinity of the Wormley- Hoddesdonpark Woods SAC

Appendix G: Local Plan proposals in the vicinity of the Amwell Quarry/Rye Meads SPA

Appendix H: Policy OSV2 and associated paragraphs, East Herts Local Plan Second Review

Appendix I: Policy GBC4 and associated paragraphs, East Herts Local Plan Second Review

7.13 Appendix A – Rye Meads and Amwell Quarry Special Protection Area

7.14 Appendix B – Wormley-Hoddesdonpark Woods Special Area of Conservation

7.15 Appendix C – Lea Valley SPA and Ramsar site

Site Description The Lea Valley SPA and Ramsar site comprises a series of wetlands including man-made, semi-natural and floodplain habitats such as open water, reed beds and marginal communities associated with embanked reservoirs, flooded gravel extraction pits and sewage treatment lagoons. These support wintering wildfowl in numbers of European importance and outstanding assemblages of breeding birds. Areas of reed bed also support significant numbers of bittern. Other habitats include small areas of fen, scrub and woodland, and larger areas of grassland such as associated with reservoir embankments.

These habitats support an important invertebrate assemblage, including notable dragonflies, damselflies, grasshoppers and bush crickets. Mammal, amphibian and reptile populations are associated with the sites, including water vole and grass snake. Component SSSI(s) • Amwell Quarry • Rye Meads • Turnford and Cheshunt Pits • Walthamstow Reservoirs SPA Designated interest • Overwintering bittern (population of feature(s) Annex I species of European importance) • Overwintering gadwall and shoveler (population of migratory species of European importance) SPA Conservation Objectives • To maintain in favourable condition the habitats for the populations of bittern, gadwall and shoveler with particular reference to open water and surrounding marginal habitats. Summary of standards defining favourable condition of SAC interest feature Bittern • Disturbance with no significant reduction or displacement of wintering birds between Oct - March. • Extent and distribution of habitat with no significant deviation from reference level. • Maintain area of reed beds and ditches as suitable for overwintering bittern. • Maintain habitat structure/features including reed beds, large areas of open water, and appropriate water level to provide shallow water in

7.16 reeds, with frequent deep pools and dykes. • Food availability with sufficient fish and amphibians. Gadwall and shoveler • Disturbance with no significant reduction or displacement of wintering birds between Oct - March. • Extent and distribution of habitat with no significant deviation from reference level. • Maintenance of water level to provide extensive shallow water (feeding). • Food availability including vegetation cover, aquatic plants and invertebrates. Ramsar designated interest • Overwintering gadwall and shoveler feature(s) • Whorled watermilfoil (nationally scarce plant) • Micronecta minutissima (rare/vulnerable waterboatman)

Other possible management issues (various sources including Natura 2000 standard data form, SSSI Views About Management, SSSI Condition assessments, Management Plans etc.)

• Habitat management: control of natural colonisation/succession to maintain wetlands. • Water quality: includes nutrient and sediment loads. Eutrophic water quality is to be addressed by AMP3 funding under the Urban Waste Water Treatment Directive. • Water quantity: sympathetic management of water levels required including on site with problems from low/high/variable levels relating to vegetation management. Potential problems of over abstraction particularly during droughts. • Recreational pressure: potential disturbance but currently well controlled by zoning of Lea Valley Regional Park and its waterbodies. • Majority in Favourable/Unfavourable Recovering condition with localized compartments Unfavourable Declining due to fluctuating water levels.

7.17 Appendix D – Wormley Hoddesdonpark Woods SAC

Site Description The site supports broadleaf deciduous woodland with sessile oak standards dominant over coppiced hornbeam. Ancient oak and hornbeam pollards often mark the woodland boundaries. Pedunculate oak, ash and birch are also frequent within the canopy. Areas of base rich soils include a more diverse shrub layer (including hazel, elder, field maple and dogwood), and basal flora. Wild service tree is also found as well as other indicators of ancient woodland.

Other habitats include wetlands, with a marsh, ponds and streams, and neutral to acid unimproved grassland. This diversity of habitats supports a diverse assemblage of plants, invertebrates and birds including a number of notable species. Component SSSI(s) Wormley Hoddesdonpark Wood North Wormley Hoddesdonpark Wood South SAC Designated interest Oak – Hornbeam woodland feature(s) SAC Conservation Objectives To maintain in favourable condition the oak-hornbeam woodland Summary of standards defining favourable condition of SAC interest feature Oak – Hornbeam woodland. • No loss in extent of ancient semi- natural woodland. • Maintenance of natural processes and structural development. • Species composition. Areas of minimum intervention; and areas of high forest, coppice and wood pasture with reference to the native/nonnative ratio, damage from non-native fauna and external unnatural factors (including pollution) • Species, habitats and structures characteristic of the site, including basal flora composition, and distinctive elements maintained at current levels and current locations (e.g. patches of ancient woodland indicator species, stream channels and bryophytes). • Regeneration potential. Includes areas of nonintervention, high forest and wood pasture with successful coppicing/pollarding and maximum acceptable levels of planting.

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Other possible management issues (various sources including Natura 2000 standard data form, SSSI Views About Management, SSSI Condition assessments, Management Plans etc.)

• Inappropriate management in the past including neglect, planting of conifers and distortion of the age structure. • Majority in Favourable/Unfavourable Recovering condition with localised areas in unfavourable condition due to recreational use.

7.19 Appendix E – Policy ENV12 and associated paragraphs, East Herts Local Plan Second Review

8.13 Nature Conservation

8.13.1 It is for the District Council in partnership with English Nature, the Hertfordshire Biological Records Centre (HBRC), other councils, statutory and voluntary bodies and any other groups or individuals interested in conservation, to protect the substantial areas of natural habitat that still remain in East Hertfordshire. With land coming out of intensive agricultural production and a greater public awareness and priority to protect the environment, there may be opportunities to reverse the past trend.

8.13.2 To assist this process the most important areas, which retain much of their nature conservation value, are identified in the Local Plan. These include sites of international, national and local importance.

8.13.3 PPG9 sets out the Government’s objectives for conserving nature. It provides the framework for safeguarding our natural heritage under domestic and international law, and emphasizes the importance of both designated and undesignated areas for nature conservation. An explanation of nature conservation terms is contained in Appendix IV (Glossary).

8.13.4 Planning policies to be applied to nature conservation sites should be included in the local plan, indicating the criteria against which development affecting a site will be judged. In addition, the Proposals Map should identify areas to which these policies apply, including sites of local conservation importance. The advice states that local plans should identify relevant international, national and local conservation interests. The most important areas that retain much of their nature conservation interest are shown on the Proposals Map. It should be noted that the sites identified on the Proposals Map are correct at the time of publication of the Local Plan, but are liable to additions and deletions as a result of reviews.

8.13.5 Sites of international importance within the District comprise a Special Protection Area (SPA) and a Wetland of International Importance (Ramsar Site) in the Lee Valley (Rye Meads and Amwell Quarry) and a candidate Special Area of Conservation (SAC) at Wormley-Hoddesdonpark Woods. Whilst formal designation/classification by the European Commission Council is awaited, development proposals affecting these areas will be treated in the same way as for designated SAC’s and classified SPA’s, in accordance with PPG9 and the Conservation (Natural Habitats & c.) Regulations 1994, amended in 2000.

7.20 ENV12 Special Area of Conservation/Special Protection Area/Ramsar Site

(I) Proposals for development or land use which may affect a designated or candidate Special Area of Conservation, a classified or potential Special Protection Area or a Ramsar Site will be subject to the most rigorous examination. Development or land use change not directly connected with or necessary to the management of the site for nature conservation and which is likely to have significant effects on the site (either individually or in combination with other plans or projects) and where it cannot be ascertained that the proposals would not adversely affect the integrity of the site, will not be permitted unless the District Council is satisfied that:

(a) there is no alternative solution; and

(b) there are imperative reasons of overriding public interest for the development or land use change.

(II) Where the site concerned hosts a priority natural habitat type and/or a priority species, development or land use change will not be permitted unless the District Council is satisfied that it is necessary for reasons of human health or public safety or for beneficial consequences of primary importance for nature conservation.

8.13.6 The Conservation (Natural Habitats, &c.) Regulations 1994 and PPG9 highlight that any development under permitted development rights comes under the control of local authorities where there is likely to be a significant effect on Special Areas of Conservation, Special Protection Areas and Ramsar Sites. Advice should be sought from English Nature prior to the submission of a planning application for any proposals that may potentially affect International or National sites.

8.13.7 Nationally important sites within the District are classified as Sites of Special Scientific Interest (SSSI’s) and notified to the District Council by English Nature. SSSI's are designated for a variety of ecological, geological or geomorphological reasons. All international sites are also SSSI's.

7.21 Appendix F – Local Plan proposals and Wormley-Hoddesdonpark Woods Special Area of Conservation

Green Belt Bayford Category 2 Village District Boundary

Special Area of Conservation (Part of which is a National Nature Reserve).

Special Area of Conservation (Part of which is a National Nature Reserve).

Brickendon Category 2 Village

N.B. This illustration only shows Local Plan designations that are relevant to the Appropriate Assessment. Designations such as Areas of Archaeological Significance and Wildlife Sites have been omitted.

7.22 Appendix G – Local Plan proposals and Rye Meads and Amwell Quarry Special Protection Area

Tumbling Bay

Ware

Green Belt Employment Area Special Protection Area/Ramsar Site

Great Amwell (Category 2 Village) Stanstead Abbotts

Boundary of Lee Valley Hertford Heath Regional Park (Category 1 Village)

Housing Site Allocation

Major Developed Site

Major Developed Site

District Boundary

Special Protection Area/Ramsar Site

N.B. This illustration only shows Local Plan designations that are relevant to the Appropriate Assessment. Designations such as Areas of Archaeological Significance and Wildlife Sites have been omitted.

7.23 Appendix H – Policy OSV2 and associated paragraphs, East Herts Local Plan Second Review

17.2.5 Category 2 Villages - are villages wherein infill development only, that meets an identified need of the village or parish, may be permitted. In these villages, within the built up area, there is some scope for infill development to support existing facilities and services and/or local housing. In addition small-scale employment development may also be permitted.

17.2.6 Fulfilment of the identified housing need, need not be restricted to affordable housing but could include for example, smaller units provided on the open market, or sheltered accommodation. The development should be appropriate for the size of village or locality and comply with Policies OSV2, OSV6 and OSV8.

OSV2 Category 2 Villages

(I) The following settlements are identified as Category 2 Villages:

Aston (excluding Aston End) Hadham Ford Bayford High Wych Benington Little Hadham Brickendon Standon Dane End Stapleford Datchworth Thundridge Furneux Pelham Wadesmill Great Amwell Widford

(II) Within the built-up area of Category 2 Villages, infill housing development, and small scale employment, service, leisure, recreation and community facilities may be permitted, provided that:

(a) there would be no unacceptable resultant loss of housing, employment, sport, recreation, open space or community facilities, in accordance with Policies EDE2, LRC1 and LRC11;

(b) proposals for housing development meet a local need, which has been identified either through the latest District Housing Needs Survey or a subsequent Parish Survey;

(c) proposals for housing development make provision for up to 40% affordable housing, in accordance with policies HSG3 and HSG4 and comply with the criteria set out in Policy HSG7;

7.24 (d) proposals for small scale service, leisure, recreation and community facilities, are accommodated only to support the facilities and services needed by that village and/or the surrounding Parishes;

(e) proposals for small scale employment are of a scale and nature appropriate to their location;

(f) the proposal would not be significantly detrimental to the amenities of the adjoining area or nearby occupiers;

(g) the site does not represent a significant open space or gap important to the form and/or setting of the settlement;

(h) the proposal would not unacceptably block important views or vistas within the village or of open countryside beyond the village, and would not significantly detract from the appearance of the village from the surrounding area;

(i) the proposal does not represent an extension of ribbon development or an addition to an isolated group of houses;

(j) the proposal is sensitively designed, respecting the character, visual quality and landscape of, and is satisfactorily integrated into, the village or the surrounding area.

For Guidance the following definitions are given for housing development:

Limited small scale development – whilst there is no absolute definition, this would typically comprise sites of up to 15 dwellings, occasionally somewhat more, but rarely more than 30 dwellings.

Infill development - is the erection of up to five small dwellings on a site within the built-up area of the village, where such development can take place without damage to the character or appearance of the locality. Infill development does not constitute the linking of two separate built up areas within a settlement, separated by a significant gap, or the consolidation of an isolated group of buildings.

7.25 Appendix I – Policy GBC4 and associated paragraphs, East Herts Local Plan Second Review

4.6 Major Developed Sites

4.6.1 PPG2 advises that where major developed sites such as factories, water and sewage treatment works, and research and education establishments exist within the Green Belt, the Local Plan may seek to identify such sites and apply appropriate policies to them. As there is no precise definition given in PPG2, it is left to local planning authorities to define them, but they must be substantial. Such uses are generally well established and may provide important sources of local employment. Once such sites have been identified in an adopted local plan, then limited infilling or redevelopment, which meets the criteria in Annex C of PPG2, becomes appropriate development.

4.6.2 Limited infilling or redevelopment of these sites should have no greater impact on the Green Belt than the existing development; it should not lead to a significant increase in floor area or activity on the site; and should be required to meet current operational requirements rather than an expansion of the concern. Complete or partial redevelopment may offer the opportunity for environmental improvement, and should contribute to the objectives of having land in the Green Belt. Major Developed Site status does not mean that planning permission will automatically be granted for such development. Any proposal will, like any other application, be subject to all the policies contained within the Local Plan.

4.6.3 In East Hertfordshire there is also a strong restraint on inappropriate development in the Rural Area Beyond the Green Belt (Policies GBC2 and GBC3). The District Council considers that there should be a consistent approach to the remaining two thirds of the District and a policy framework that is no more restrictive than that for the Green Belt. It is, therefore, considered appropriate to identify similar sites within the Rural Area Beyond the Green Belt.

4.6.4 The District Council has identified Major Developed Sites, on the basis of the following criteria: - size (footprint, levels of activity, e.g. number of students; employees and/or visitors); planning unit; planning history; and their capacity to accommodate infill development, without compromising the purposes of the Green Belt or its openness, or the character of the Rural Area Beyond the Green Belt.

4.6.5 These sites are listed in paragraphs 4.6.6 and 4.6.7 below and are identified on the Proposals Map. For each site a boundary has been drawn defining the area, within which limited infill development or redevelopment may occur. Policy GBC7 below outlines the circumstances under which such development may occur.

7.26 However, a number of the sites are also of considerable environmental interest either through being listed buildings or because they adjoin areas of national nature conservation importance. In such cases, policies contained within Chapter 8 (Environment and Design) and Chapter 9 (Built Heritage) should also be referred to.

GBC4 Major Developed Sites

Major Developed Sites in the Green Belt and Rural Area Beyond the Green Belt are identified on the Proposals Map.

(I) Limited infilling at Major Developed Sites will amount to appropriate development, provided that such infilling:

(a) has no greater impact than the existing development on the purposes of including land in the Green Belt or on the character of the Rural Area Beyond the Green Belt;

(b) does not exceed the height of the existing buildings;

(c) will not lead to a major increase in the developed proportion of the site.

(II) Redevelopment or partial redevelopment of a Major Developed Site should be accompanied by a planning brief and landscape scheme and:

(a) should have no greater impact than the existing development on the purposes of including land in the Green Belt or on the character of the Rural Area Beyond the Green Belt;

(b) sites within the Green Belt should make a positive contribution to the achievement of the aims and objectives listed in paragraph 4.1.1 of this Local Plan;

(c) sites within the Rural Area Beyond the Green Belt should make a positive contribution to the aims and objectives listed in paragraph 4.1.1 of this Local Plan;

(d) should not exceed the height of the existing buildings;

(e) should not occupy a larger area of the site than the existing buildings (unless this would achieve a reduction in height, which would benefit visual amenity).

7.27 4.6.6 The following sites within the Green Belt are identified and delineated on the Proposals Map as Major Developed Sites:

• Merck Sharpe and Dohme, Terlings Park • Hayters plc, Spellbrook • Haileybury and Imperial College, Hertford Heath • Former University of Hertfordshire, Balls Park, Hertford • Simon Balle School, Hertford • Presdales School, Ware • Leventhorpe School, Sawbridgeworth • Sele School, Hertford • Van Hage’s Garden Centre, Great Amwell • Rye Meads Sewage Works, Stanstead Abbotts

4.6.7 The following sites within the Rural Area Beyond the Green Belt are identified and delineated on the Proposals Map as Major Developed Sites:

• Former GlaxoSmithKline site, Bury Green • St. Edmund’s College and St. Hugh’s School, Old Hall Green • St. Elizabeth’s Centre, South End, Much Hadham • Freman College, Buntingford

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