7.1 Agenda Item 7 East Herts

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. 7.3 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.

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