Report on Appropriate Assessment Rummey Environmental Ltd.
Neatscourt Phase 1and Rushenden Relief Road
Report on Appropriate Assessment under the Conservation (Natural Habitats &c.) Regulations 1994
Rev and Date Document Ref: Author/ Reviewer 13/4/07 130407.draft H Lucking/ S Kaner 17/4/07 170407.draft H Lucking/S Kaner 18/04/07 180407.draft S Kaner 23/04/07 230407 S Kaner/K Coleman/J Smith 12/06/07 120607.draft S Kaner 22/06/07 220607 S Kaner
Rummey Environmental Ltd South Park Studios Sevenoaks Kent TN13 1AN
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Contents:
Executive Summary
1.0 Introduction
2.0 Medway Marshes and Estuary SPA/Ramsar and the Swale SPA/Ramsar Appropriate Assessment
3.0 Scheme Description and Mitigation
4.0 Impact Assessment of Neatscourt Phase 1, Rushenden Relief Road and other known development within the Medway Marshes and Estuary SPA/Ramsar and Swale SPA/Ramsar
5.0 Conclusions on the impact on integrity of the Medway Marshes Estuary SPA/Ramsar and Swale SPA/Ramsar Sites
Appendix A - Site Surveys Appendix 1 - Detailed count data wintering birds Appendix 2 - Detailed count data estuarine birds
Fig 1 Location of SPA and Ramsar sites Fig 2 The location of Neatscourt Phase 1 and Rushenden Relief Road in relation to the SPA and Ramsar sites. Fig 3 Rushenden Relief Road Development Proposals Fig 4 Neatscourt Phase 1 Development Proposals Fig 5 South Bund Details and Sections Fig 6 Drainage Strategy Fig 7 Lighting for Rushenden Relief Road Development Fig 8 Lighting Plan for Neatscourt Phase 1 Development Fig 9 Approximate location of other known developments within the SPA/Ramsar Sites. Fig 10 Bird Recording Zones
Table 1 Other Schemes considered within the Medway Marshes and Estuary SPA/Ramsar and Swale SPA/Ramsar Table 2a Medway Estuary and Marshes SPA Annex 1 species information Table 2b Medway Estuary and Marshes SPA migratory species information Table 3a The Swale SPA Annex 1 species information – SPA review Table 3b The Swale SPA migratory species information – SPA review Table 3c The Swale Migratory Species information – current SPA citation not review data Table 4a Summary of Qualifying Ornithological Interest – SPA Review data
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Table 4b Summary of Qualifying Ornithological Interest – SPA Citation data Table 5 Summary of Ramsar Invertebrate interest Table 6 Existing and Proposed Drainage System Table 7 Predicted Average Noise Impact at Neatscourt Phase 1 from various construction activities Table 8 Modelled noise increases associated with A249 Table 9 The Location of Temporary Construction Lighting Table 10 Summary of Artificial Lighting, Rushenden Relief Road Table 12 Summary of Artificial Lighting for Neatscouirt Phase 1 Table 13 Screening effects of the Neatscourt Phase 1 buildings Table 14 Summary impacts, mitigation and significance of effects on SPA/Ramsar sites.
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Executive Summary
Introduction and purpose of the report
1. Two planning applications have recently been submitted for development at Neatscourt Marshes on the Isle of Sheppey. They are an application for a new Rushenden Link Road (application reference SW/06/TEMP/0083 submitted by SEEDA/Kent County Council to Kent County Council) and an application for mixed commercial uses on the land known as Neatstcourt Phase 1 (application reference SW/06/1488 submitted by SEEDA/Aldi/Crown Estates to Swale Borough Council).
2. The application sites lie in close proximity to two areas identified as being of international importance for their ecological interest, and designated as Special Protection Area under the relevant European Directives, and Ramsar sites under the Ramsar Convention. These are the Medway Estuary and Marshes SPA/Ramsar site and The Swale SPA/Ramsar site. Both areas have similar ecological attributes.
3. The Environmental Statements that accompany both planning applications identify the potential for significant adverse impacts on the nearby SPA/Ramsar designations. In such circumstances, the Conservation (Natural Habitats &c) Regulations requires the “competent authority” (i.e. in this case the two Planning Authorities of Kent County Council and Swale Borough Council) to undertake an “appropriate assessment” of the impact of the development on the overall integrity of the designated sites before determining the planning applications.
4. This report is therefore intended to inform that appropriate assessment through the identification of the impacts of the proposed developments on the SPA/Ramsar sites (taking into account other relevant proposed development in the area), and the consideration of appropriate mitigation measures that will be provided as part of the development (and secured through the use of planning conditions) in order to neutralise any such impacts.
Background and Context
5. The report provides background information on the existing bird populations both within the SPA area and on the application sites themselves, by way of context. It notes that although the application sites are outside the SPAs and are not classified as either SPAs or pSPA, some parts of them nevertheless support a population of birds of the same species as are found within the SPAs, albeit at a lesser density. The report also provides background information on the flora and invertebrates of interest within the Ramsar sites.
6. The Medway Estuary and Marshes covers approximately 4,684 ha of land. The Swale site covers approximately 6,514 ha of land. In terms of local context, the report also notes that the application sites and parts of the adjoining SPA/Ramsars sites are already the subject of noise, visual and light pollution from existing urban development in the immediate vicinity, in particular the
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recently completed A249, existing recreation uses, the adjoining Port car storage compound, the railway, and the adjoining urban areas. This is relevant because whilst the proposed development has its own impacts, it also serves in some instances to mitigate against existing sources of disturbance in the area. It is therefore relevant to look at the net effect of the development, and the potential for enhancement compared to the existing baseline conditions.
Mitigation Proposals
7. As part of the planning application proposals, a number of mitigation measures have already been proposed or are to be offered by the applicants, which, inter alia, provide for:
Enhancement measures within the existing SPA to improve its suitability for SPA species – a minimum of 14 ha of land is proposed for enhancement (which equates to at least the scale of grazing marsh lost); Replacement of the non-SPA grazing marsh lost to the development itself by the provision of an equivalent area or areas of land (calculated to be 13.2 ha) adjacent to the SPA elsewhere; Orientation and design of built development both to reduce the impact of human activity and disturbance on the adjoining SPA/Ramsar sites, and to provide a buffer to existing noise and disturbance from the A249; Provision of bunding to the southern boundary of the site to minimise disturbance from on-going operations on the new development, and to reduce the impact of disturbance during construction; Replacement of water-courses lost as a result of the development with double the length of new water-courses, including translocation of plants and sediment to assist in populating the new water-course network, and with the benefit of a maintenance/management programme to control water quality (in contrast to the existing situation); Erection of fencing to control access and reduce disturbance to the adjoining SPA/Ramsar sites; Careful design of lighting to minimise impact on the adjoining SPA/Ramsar sites, and including no night time working during the construction phases; A Construction Method Statement to be provided to manage risks during the construction stage, to ensure best practice followed; An Ecological Construction Management and Monitoring Plan to be implemented, and which would include a Watching Brief during the construction period with a suitably experienced Project Ecologist to advise and supervise works which may affect ecological interests; A long-term (minimum 10 years post construction) Site Management and Monitoring Plan to be provided to ensure favourable continuity of the above mitigation measures
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Cumulative Effects
8. This assessment has had regard to the combined effects of the Neatscourt Phase 1 and Rushenden Link Road planning applications together (although where the effects of the two proposals are different, the report notes this).
9. In line with Government and European policy requirements, the report has also had regard to the potential cumulative effects of other development proposals. In the immediate vicinity, further commercial development is anticipated at Neatscourt as part of the emerging Masterplan for the area. Similar effects are likely to arise, but by the same token similar mitigation measures will be required to be incorporated within the developments if they are to be acceptable.
10. The emerging Masterplan for Queenborough and Rushenden also includes redevelopment of former commercial sites to the west of the railway line. Elements of that development could have an effect on the Medway SPA, although proposals are still at an early stage. Agreement has however already been reached that a separate Appropriate Assessment for the wider Masterplan will be undertaken before that project is considered further by Swale Borough Council. This will provide an appropriate vehicle for any effects to be considered.
11. Regard has also been had to a number of other infrastructure projects in the wider area, and relevant information has been reviewed. From the information obtained from the relevant Local Authorities, most are not considered to have significant impacts either individually or collectively. Of the projects reviewed three however, (The London Array onshore and offshore, Kingsnorth and BP Wind Farm) have or are in the process of having Appropriate Assessments carried out on them. The latter reported neutral impacts on the SPA and the appropriate assessment for Kingsnorth is still being undertaken. The effects for the BP Windfarm are broadly similar to those for the London Array off shore development. In addition, it is likely that the projects identified would be constructed at different times to the Neatscourt and Rushenden Relief Road developments and therefore with regard to cumulative impacts the overall effect is likely to be minor to negligible. Given the fact that with the mitigation proposed as part of this scheme there will be no adverse impact on integrity, and given the widespread distribution of these other projects and the variation in the times of their construction, all the evidence suggests that there will be no in-combination of cumulative impact on the integrity of the SPAs.
Impact Assessment and effect on integrity
12. In terms of the SPA and the impact on birds, three potential adverse impacts are identified, being:
a. The loss of an area of existing non-SPA grazing marsh (estimated to be 13.2 ha), that supports populations of species of the same type as are found within and for which the adjacent SPA is noted. Although this land is not within the SPAs, its removal from grazing marsh use could
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potentially, if unmitigated, have an impact on the bird populations supported on the adjoining SPA via a reduction in the overall extent of habitat available for SPA birds to use, although given the fact that collectively, the Medway and Estuary Marshes SPA and The Swale SPA comprises around 11,000 ha of land, the actual impact on SPA bird populations is likely to be minor rather than significant in terms of the overall integrity of the SPA in any event. However, mitigation for any possible effect is covered both by the provision of 13.2 ha of replacement grazing marsh in other locations adjacent to the SPAs (thereby ensuring that in the future there will be no net loss in the amount of land available for use by the SPA bird population), and by the provision of a minimum of 14 ha of land for enhancement works within the existing SPA to improve its condition and ability to support the population of SPA birds. To ensure that any short term temporary impact is properly mitigated the latter works will be undertaken prior to commencement of the development, thereby ensuring that the enhanced land is available for use prior to any loss of the non-SPA grazing marsh, The applicants have confirmed that they will accept an appropriate planning condition on any planning permission for Neatscourt Phase 1 to secure both the timely provision of the replacement grazing marsh, and the immediate works of enhancement.
b. Increased activity on land adjacent to the SPAs via the encroachment of built development and associated use on the land adjacent to the SPAs, thereby leading to less favourable conditions for birds. The context for the site is that the SPA land is already subject to some disturbance from existing urban and infrastructure uses, in particular the A249. The built development will assist in ‘shadowing’ some of the noise and visual impact of these existing uses. At the same time, however, it will introduce activity of its own. A range of Mitigation measures are therefore offered, including design of the site to reduce activity at the southern side, the provision of a substantial bund, proposed restrictions on access and disturbance during construction phases, and strict control of lighting, all of which are achievable by use of appropriate planning conditions. Nevertheless a small residual effect in terms of reduced favourability of the immediate adjoining land is likely to remain. As previously referred to, however, an additional mitigation measure proposed is the enhancement of land elsewhere within the SPA (which will be subject to a minimum of 10 years maintenance and on-going management) which will provide for the long-term improvement of the SPA, thereby ensuring no adverse impact overall on the integrity of the SPAs and their ability to support the populations of birds for which they have been classified.
c. Temporary minor potential disturbance during construction of the Relief Road of land north of the Link Road in the vicinity of the existing lagoon. Post construction, negligible impact would occur due to the visual and acoustic screening of the road on embankment in the vicinity of the lagoon. The lagoon area is already in close proximity to urban development and active recreation uses. Mitigation is provided
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for any marginal localised effect by the enhancement of land within the existing SPAs as described above.
13. The overall impact is therefore:
i. No loss of habitat either within or adjacent to the SPAs (by virtue of the provision of replacement land); and ii. Enhancement of a minimum of 14 ha of land within the SPAs to increase the ability of the sites to support bird populations and to mitigate for any potential adverse impacts arising firstly during the period of the establishment of the replacement land and (after on-site mitigation and management measures have been implemented) during the subsequent use of the site for any increased disturbance on the SPAs by on-site activity.
14. Potentially therefore the overall effect will in due course be beneficial to the integrity of the SPAs by not only maintaining the overall extent of habitat but by enhancement works within the designated areas. However, having assessed any potential significant impacts and taking a precautionary approach to the assessment, the overall effect is considered to be NEUTRAL and there will be no adverse impacts on the integrity of both SPA sites.
15. In terms of the impacts on flora and invertebrates, the proposed developments similarly involve no loss of land or habitat from within the Ramsar sites. However, three potential adverse impacts have been identified, which are:
a. Loss of 13.2 ha of grazing marsh on non-Ramsar land (i.e. on the application sites) which may support species for which the Ramsar is noted. Mitigation for this again is provided by the replacement of 13.2 ha of equivalent grazing marsh elsewhere adjacent to the Ramsar sites;
b. Loss of the network of water-courses on the non-Ramsar land (the application sites) which feed into the network of water-courses on the Ramsar sites. Mitigation for this effect is covered by the provision of a replacement network of water-courses within the applications sites on a two for one basis, and with translocation of sediment and flora from the existing to the new water-courses, coupled with a long-term Management Plan – conditions on the planning permission will ensure that new water-courses are established before any existing water- courses are lost.
c. Possible adverse effects on water-quality arising from activities within the application areas, and transferring into the adjoining Ramsar sites. Potential for such adverse effects exist already, from the A249 and from other activities in the local area. The network of water-courses to be re- provided have been designed to minimise the likelihood of adverse effects, thereby creating in effect a better network of water-courses than exist at present. Moreover, the proposed development will introduce positive management obligations to help to further minimise the risk of an adverse effect on water quality.
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16. Overall, therefore, there will be no loss of water-courses in the area capable of sustaining flora and invertebrates, and, notwithstanding the facts that it will take time for colonisation to occur and the new water-course network will be in closer proximity to built development, there will be a longer length of water- courses overall. Although there will be more human activity in close proximity to the new water-course network, the extra length of the network provides more opportunity for adverse water quality to be ‘filtered out’ prior to it entering the adjoining Ramsar area. Moreover, unlike the existing situation, a programme of management will be introduced as part of the overall Site Management and Monitoring Plan. There is therefore the potential for enhancement compared to the existing situation, but again adopting a precautionary approach, the overall effect is assessed to be NEUTRAL to the integrity of the Ramsar sites.
Conclusion
17. Taking into account the extensive mitigation measures proposed, and again adopting a precautionary approach to the assessment, the Neatscourt Phase 1 and Rushenden Link Road applications are considered to have a NEUTRAL effect on the overall integrity of the nearby SPA/Ramsar site.
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1.0 Introduction
1.1 This report is prepared to consider the impacts of the Neatscourt Phase I and Rushenden Relief Road developments may have upon the health and integrity of the Medway Estuary & Marshes Special Protection Area (SPA) and Ramsar site and on The Swale SPA and Ramsar site.
1.2 In particular the report aims to determine whether the identified proposals (including mitigation) would be likely “alone or in combination” with other development proposals affecting both SPA/Ramsar sites to have a significant effect upon the features for which the SPAs and Ramsars have been designated under the EEC Council Directive on the Conservation of Wild Birds (Directive 79/409/EEC – The birds Directive) and the Ramsar Convention.
1.3 The report is the “Report on Appropriate Assessment” commissioned by SEEDA and prepared by Rummey Environmental Ltd to draw together those potential impacts identified which affect the SPA and Ramsar sites as a requirement under the Habitats Directive and guidance notes produced by English Nature (EN, 1997). The information provided is for both the Neatscourt Phase 1 and Rushenden Relief Road applications (SEEDA is joint applicant for both applications) to inform an appropriate assessment of the impacts of the developments by the respective planning authorities (Swale Borough Council and Kent County Council).
1.4 Subsequent to the submission of the Rushenden Link Road application the concrete crushing facility proposed at Twyfords and the footpath, cycleway and footbridge linking the Relief Road to Borough Road have been removed by the applicants and this has been noted in the assessment.
1.5 This document therefore is structured as follows. Chapter 1 outlines the purpose of this report and the legislation requirements for undertaking an Appropriate Assessment. Chapter 2 identifies the nature and extent of the Medway Estuary and Marshes SPA and Ramsar and the Swale SPA and Ramsar. Chapter 3 defines the scope and nature of the Neatscourt Phase 1 and Rushenden Relief Road developments together with the mitigation measures that will be employed to offset impacts identified in the Environmental Statements produced for both schemes and in addition, the impacts arising from both developments as they are pertinent to both SPAs. The fourth chapter discusses the impact of other known developments within the SPA and the fifth and final chapter discusses the finding of the process and the impacts on the integrity of both SPAs.
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1.6 In the course of preparing this report previous Appropriate Assessments by other Competent Authorities have been reviewed and also other relevant government data. Information relating to environmental impacts has been taken from the Environmental Statements produced for each planning application and the joint addendum for both submitted in May 2007.
Legal Requirements
Swale Borough and Kent County Council’s responsibilities within the Conservation (Natural Habitats & C) Regulations 1994
1.7 The Habitats Regulations implement the EC Habitats Directive and exist to protect wildlife and in the remit of sites designated under the EC Habitats Directive or Birds Directive to protect the conservation objectives behind the SPAs/Ramsars designation. The Regulations set out the responsibilities of Local Planning Authorities and other relevant public bodies under Regulations 48 – 51.
1.8 Regulation 48 confirms that:
“A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which:
a. is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects) and b. is not directly connected with or necessary to the management of the site,
shall make an appropriate assessment of the implications for the site in view of that site’s conservation objectives”
1.9 Within Regulation 48 the competent authority should consult the appropriate nature conservation body (in this instance Natural England) and have regard to any representations made by them. The authority can take public opinion if this is considered appropriate.
1.10 Where a project is identified the competent authority may only agree a plan or project having ascertained that it will not adversely affect the integrity of the European Site having regard to any conditions/restrictions, which may be applied to the development. In this case this includes taking account of any planning conditions that can be imposed upon the grant of any planning permission.
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1.11 As a matter of Government policy, Ramsar sites are to be treated as if they are fully designated European Sites for the purposes of considering development proposals that may affect them.
European Designated Sites
1.12 Where European designated sites are involved (e.g. SPA and Ramsar sites, as in this case), there is a requirement to assess the potential impacts of a scheme on the overall ‘integrity’ of that site. Integrity of a site has been defined in PPS9: Biodiversity and Geological Conservation and its accompanying Government Circular ODPM 06/2005 as:
‘The coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and/or the levels of populations of species for which it was classified’
1.13 The Government circular also states that:
‘It is not for the decision-taker to show that the proposal would harm the site, in order to refuse the application or appeal. It is for the decision-taker to consider the likely and reasonably foreseeable effects and to ascertain that the proposal will not have an adverse effect on the integrity of the site before it may grant permission.’
1.14 The general Conservation Objectives for the SPAs are ‘to maintain in favourable condition the habitats of the populations of Annex 1 Species, the habitats of the populations of migratory bird species of European importance and the habitats of populations of waterfowl that contribute to the wintering waterfowl assemblage of European importance. This includes particular reference to intertidal mudflats, saltmarsh, shingle beaches, shallow coastal waters and grazing marsh. In addition to their European protection status both SPAs are also Sites of Special Scientific Interest.
1.15 In assessing the impacts on the integrity of both SPAs, this report has taken into account the in combination effects of other known planned and existing developments.
1.16 As “competent authorities” in order to be able to grant planning permission Swale Borough and Kent County Councils must determine whether proposals would have a significant adverse impact (alone or in combination) upon the integrity of the two SPA/Ramsar sites.
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2.0 Medway Estuary and Marshes SPA/Ramsar and the Swale SPA/Ramsar Appropriate Assessment
Geographic and administrative extent of the Medway Estuary and Marshes SPA/Ramsar and the Swale SPA/Ramsar
2.1 The geographic range of the two SPA/Ramsars spans a number of planning authorities. The Habitat Regulations relate to the management and maintenance of European sites in their entirety and therefore plans and projects outside the planning authority boundaries for the Queenborough and Rushenden Regeneration Project need to be considered.
2.2 The Medway Estuary and Marshes SPA/Ramsar and The Swale SPA/Ramsar are shown on Figure 1 and clearly extend into the following planning authorities:
Swale Borough Council Canterbury Medway Council
Schemes considered within the Medway Estuary and Marshes SPA/Ramsar and The Swale SPA/Ramsar Appropriate Assessment
2.3 SEEDA’s consultants, having taken advice from Natural England have identified the following schemes as requiring consideration to determine whether or not they will need further assessment under the “In Combination Appropriate Assessment”
Table 1 - Other schemes considered within the Medway Estuary and Marshes SPA/Ramsar
Plan or Project Competent Status of project Authorities Neatscourt Phase I Swale Borough Outline Planning Council Permission submitted Rushenden Relief Kent County Council Outline Planning Road Permission submitted London Array Swale Borough Permission Offshore Council granted Dec 2006 Windfarm – Onshore Works London Array Swale Borough Impending Public Onshore Works Council Inquiry Queenborough Swale Borough Indicative and Rushenden Council Regeneration – marina Grain Liquid Medway Borough Registered
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natural Gas Council Importation and Storage Facility Construction of Medway Borough Registered two advanced Council supercritical (ASC) coal-fired generating units (demolition of Kingsnorth power station). Construction of Medway Council Approved with three additional conditions Liquid Natural Gas (LNG) storage tanks. Isle of Grain Medway Council Recommended Proposed BP Wind Farm Damhead Creek II Medway Council Scoping opinion Swale Gateway, Swale Borough Outline Permission Ridham Council Granted Iwade Swale Borough Status unknown Council
Medway Estuary & Marshes SPA
2.4 The Medway Estuary & Marshes SPA covers approximately 4,684 ha and qualifies under Article 4.1 of the Birds Directive by supporting populations of European importance of the following species listed on Annex 1 of the Directive:
Table 2a – Medway Estuary and Marshes SPA Annex 1 species information
Species 5 year peak mean 1991/92 – 1995/96)
During SPA Review Data SPA Citation Data breeding season Avocet 28 pairs At least 28 pairs At least Recurvirostra 4.7% of the 6.2% of the avosetta breeding breeding population population in Great in Great Britain Britain Little Tern 28 pairs At least 28 pairs At least Sterna 1.2% of the 1.2% of the albifrons breeding breeding population population
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in Great in Great Britain Britain Common tern 77 pairs At least Sterna hirundo 0.6% of the breeding population in Great Britain Over winter Avocet 314 At least 314 At least Recurvirostra 24.7% of the 24.7% of avosetta wintering the population wintering in Great population Britain in Great Britain Bewicks swan 161 At least Cygnus 0.2% of the columbianus wintering bewickii population in Great Britain
2.5 The site also qualifies as an SPA under Article 4.2 of the Birds Directive by supporting populations of European importance of the following migratory species:
Table 2b – Medway Estuary and Marshes SPA migratory species information
Species 5 year peak mean 1991/92 – 1995/96)
On Passage SPA Review Data SPA Citation Data Ringed plover 1,337 At least 2.7% of Charadrius the hiaticula European/Nort h Africa wintering population in Great Britain Over winter Black-tailed 957 1.4% of the 957 12.9% of the godwit wintering Great British Limosa limosa Icelandic population islandica breeding population Dark bellied 3,205 at least 1.1% of 3,205 at least brent goose the wintering 1.1% of the Branta Western wintering bernicla Siberia/Wester Western bernicla n Europe Siberia/Wes
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population tern Europe population Grey plover 3,406 2.3% of the 3,406 2% of the Pluvialis wintering wintering squatarola Eastern Eastern Atlantic Atlantic wintering wintering population population Pintail Anas 697 1.2% of the 697 1.2% of the acuta wintering north- Northwestern western Europe European population population Dunlin Calidris 25,93 At least 1.9% of 25,936 at least alpina alpina 6 the wintering 1.9% of the Northern wintering Siberia/Europe Northern /Western Siberia/Euro Africa pe/Western population Africa population Ringed plover 768 At least 1.5% of 768 at least Charadrius the 1.6% of the hiaticula Europe/Northe Europe/nort rn Africa hern Africa wintering wintering population population Redshank 3,690 at least 2.5% of 3,690 2.1% of the Tringa the wintering wintering totanus Eastern population Atlantic of the Eastern Atlantic Shelduck 4,465 1.5% of the 4,465 1.5% of the Tadorna wintering wintering tadorna Northwestern Northwester Europe n Europe population population Shoveler 76 0.8% of the Anas Great British clypeata population Teal 1,824 1.3% of the Great British population Wigeon 4,346 1.6% of the Great British population Turnstone 561 0.9% of the Arenaria Great British interpres population Knot Calidris 541 0.2% of the
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canutus North-east Canada/Gr eenland/Ic eland/Nort h western Europe Oystercatche 3,672 1% of the r Haematopis Great British ostralegus population Curlew 1900 1.7% of the Numenius Great British arquata population Great 671 crested Grebe Podiceps cristatus Greenshank 10 2.6% of the Tringa Great British nebularia population
2.6 The area also qualifies under Article 4.2 of the Birds Directive by regularly supporting at least 20,000 waterfowl. The SPA citation states that over winter the area regularly supports 65,496 individual waterfowl. In comparison the SPA review states the area regularly supports 65,274 individual waterfowl (5 year peak mean 1991/92 – 1995/96). The SPA citation species includes red throated diver Gavia stallata, great crested grebe, cormorant Phalacrocorax carbo, Bewicks swan, dark-bellied brent goose, shelduck, wigeon, teal, mallard, pintail, shoveler, pochard Aythya farina, oystercatcher, avocet, ringed plover, grey plover, lapwing, knot, black tailed godwit, curlew, redshank, dunlin, greenshank, turnstone. The SPA review also includes: little grebe Tachybaptus ruficollis. During the breeding season the SPA also regularly supports kingfisher, mallard, pochard, red throated diver, short-eared owl Asio flammeus, hen harrier Circus cyaneus, merlin Falco columbarius, cormorant and lapwing.
Medway Marshes and Estuary SPA and Ramsar Site
2.7 The Medway Estuary and Marshes SPA site is also designated as a Ramsar site for its wetland habitat as well as the bird assemblages. The criteria for which it is designated in respect of birds is largely the same as that given above for the SPA. The site also qualifies as a Ramsar under criterion 2a by supporting a number of rare plants and animals. Botanically it is designated for supporting several nationally scarce plant species including, sea barley Hordeum marinum, curved hard-grass Parapholis incurva, annual beard-grass Polypogon monspeliensis, sea clover Trifolium squamosum, brackish water crowfoot Ranunculus baudotii, golden samphire Inula crithmoides and perennial
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glasswort Sarcocornia perennis. In terms of invertebrates the site has been found to support at least 12 Red Data Book (RDB) species of wetland invertebrates and a significant number of non-wetland RDB species also occur.
The Swale SPA
2.8 The Swale SPA is approximately 6,514 ha and at its closest point lies approximately 318m from the Neatscourt Phase I area. It qualifies under Article 4.1 of the Birds Directive by supporting populations of European importance of the following species listed on Annex 1 of the Directive:
Table 3a – The Swale SPA Annex 1 species information – SPA review
Species 5 year peak mean 1991/92 – 1995/96)
During breeding season Avocet 103 pairs At least 17.5% of Recurvirostra the breeding avosetta population in Great Britain Marsh Harrier 24 pairs At least 15% of the Circus aeruginosus breeding population in Great Britain Mediterranean 12 pairs At east 12% of the Gull Larus breeding melanocephalus population in Great Britain Over winter Avocet 89 At least 7.0% of the Recurvirostra wintering avosetta population in Great Britain Bar-tailed Godwit 542 At least 1.0% of the Limosa lapponica wintering population in Great Britain Golden Plover 2,862 At least 1.1% of the Pluvialis apricaria wintering population in Great Britain Hen Harrier Circus 23 At least 3.1% of the cyaneus wintering population in Great Britain (Count
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2.9 The site also qualifies under Article 4.2 of the Birds Directive by supporting populations of European importance of the following migratory species:
Table 3b – The Swale SPA migratory species information – SPA review
Species 5 year peak mean 1991/92 – 1995/96)
On Passage Ringed plover 683 At least.4% of the Charadrius hiaticula European/North Africa wintering population in Great Britain Over winter Black-tailed godwit 1,755 2.5% of the wintering Limosa limosa Icelandic breeding islandica population Grey plover Pluvialis 2,021 1.3% of the wintering squatarola Eastern Atlantic Pintail Anas acuta 966 1.6% of the wintering Northwestern Europe population Redshank Tringa 1,640 At least 1.1% of the tetanus wintering Eastern Atlantic Shoveler Anas 471 1.2% of the wintering clypeata Northwestern/Central Europe population
Table 3c – The Swale Migratory Species information – current SPA citation not review data
Species 5 year peak mean 1991/92 – 1995/96) Over Winter Brent Goose 1,961 0.7% of the western Siberia/western Europe population Dunlin 12,394 2.3% of the northern Siberia/Europe/Western Africa population in Great Britain Redshank 1,640 0.9% of the Eastern Atlantic wintering population
2.11 The area also qualifies under Article 4.2 of the Birds Directive by supporting an internationally important assemblage of birds. The
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SPA citation refers to over winter the area regularly supporting 65,588 individual waterfowl including brent goose, gadwall Anas strepera, teal, oystercatcher, ringed plover, grey plover, dunlin, curlew Numenius arquata and redshank. The SPA review refers to the area regularly supporting over winter the 65,390 individual waterfowl (5 year peak mean 1991/92 – 1995/96) including: white-fronted goose Anser albifrons albifrons, golden plover, bar- tailed godwit, pintail, shoveler, grey plover, knot, black-tailed godwit, redshank, avocet, cormorant Phalacrocorax carbo, curlew Numenius arquata, dark-bellied brent goose, shelduck, wigeon Anas penelope, gadwall, teal Anas crecca, oystercatcher Haematopus ostralegus, lapwing Vanellus vanellus and little grebe Tachybaptus ruficollis. The SPA citation also refers to the breeding bird assemblage being of international importance supporting reed reed warbler Acrocephalus scirpaceus, teal, mallard, gadwall, ringed plover, reed bunting, coot, moorhen, oystercatcher, curlew, grey plover, shelduck, redshank and lapwing.
2,12 A series of site surveys were undertaken between late November 2004 to March 2005 and September to November 2006 with breeding bird surveys undertaken during March to July 2005. This information is presented as Appendix A at the back of this assessment.
The Swale Ramsar Site 2.13 The Swale SPA site is also designated as a Ramsar for its wetland habitat as well as the bird assemblages. The criteria for which it is designated, as a Ramsar site for birds is largely the same as that given above for the SPA. The site also qualifies as a Ramsar under criterion 2a by supporting a number of rare plants and animals. Botanically it is designated for supporting several nationally scarce plant species including divided sedge Carex divisa, sea barley, small cord-grass, sea clover, saltmarsh goosefoot Chenopodium chenopodiodes, golden samphire, slender hare’s-ear Bupleurum tenuissimum and hog’s fennel Peucedanum officinale. In terms of invertebrates the site has been found to support at least 12 nationally important species of wetland invertebrates.
Summary of Medway Estuary and Marshes SPA and Ramsar site and The Swale SPA and Ramsar site interest.
2.14 The following tables 4a, 4b and 5 summarise the ecological interest within both SPAs and Ramsar sites.
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Table 4a - Summary of Qualifying Ornithological Interest – SPA Review data
Medway Estuary The Swale SPA and and Marshes Ramsar site Criteria SPA and Ramsar site Avocet Avocet Breeding Marsh harrier Little tern Mediterranean gull Annex 1 Avocet Species Over Bar-tailed godwit Avocet winter Golden plover Hen harrier On Ringed plover Ringed plover passage Black-tailed godwit Dark bellied Black-tailed godwit Migratory brent goose Grey plover Species Over Dunlin Pintail winter Grey plover Redshank Pintail Shoveler Redshank Ringed plover Shoveler 65,274 (5 year 65,390 (5 year peak Waterfowl populations peak mean mean 1991/2 to over 20,000 individuals 1991/2 to 1995/6) 1995/6)
Table 4b – Summary of Qualifying Ornithological Interest – SPA Citation data
Medway Estuary and The Swale Criteria Marshes SPA and SPA and Ramsar site Ramsar site Avocet Breeding Little tern Common tern Annex 1 Species Avocet Over winter Bewick’s swan
Migratory On passage Species Breeding Reed warbler Teal Mallard Gadwall Ringed
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plover Reed bunting Coot Moorhen Oystercat cher Over winter Black tailed godwit Brent goose Wigeon Teal Mallard Brent Bewick’s swan goose Grey plover Gadwall Pintail Teal Dunlin Oystercat Ringed plover cher Redshank Ringed Shelduck plover Shoveler Grey Teal Wigeon plover Turnstone Dunlin Knot Curlew Oystercatcher Redshank Curlew Great crested crebe Greenshank 65,496 (5 year peak 65,588 (5 Waterfowl populations over mean 1991/2 to year 20,000 individuals 1995/6) peak mean 1991/2 to 1995/6)
Table 5 - Summary of Ramsar Invertebrate interest
Medway Estuary and Marshes The Swale Ramsar Criteria Ramsar site site the ground beetle the weevil Polistichus connexus Bagous the fly Caphalops cylindrus perspicuous the cranefly the dansefly Poecilobothrus Erioptera ducalis bivittata Invertebrates the fly Anagnota collini the hoverfly the weevil Baris scolopacea Lejops vittata the water beetle Berosus Peocilobrothris spinosus ducalis the beetle Malachius the rove beetle vulneratus Philonthus
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the rove beetle Pilonthus punctus punctus the water the ground lackey moth boatman Malacosoma castrensis Micronect the horsefly Atylotus a latistriatus minutissima the fly Campsicnemus Malchius magius vulneratus the soldier beetle Cantharis Campsicnemus fusca; majius the cranefly Limonia danica the true fly Elachiptera rufifrons the true fly Myopites eximia
sea barley Hordeum divided sedge marinum, Carex divisa, curved hard-grass sea barley, Parapholis incurva, small cord- annual beard-grass grass, Polypogon monspeliensis, sea clover, sea clover Trifolium saltmarsh squamosum, goosefoot brackish water crowfoot Chenopodium Ranunculus baudotii, chenopodiode Flora golden samphire Inula s, crithmoides golden perennial glasswort samphire, Sarcocornia perennis. slender hare’s- ear Bupleurum tenuissimum and hog’s fennel Peucedanum officinale
2.15 The general Conservation Objectives for the Medway Estuary and Marshes SPA are:
‘to maintain in favourable conditions the habitats for: 1. the populations of Annex 1 Species (avocet and little tern), 2. the populations of migratory bird species
of European importance with particular reference to: intertidal mudflats, saltmarsh, shingle beaches, shallow coastal waters and, grazing marsh
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2.16 The conservation objectives for the Swale SPA are ‘to maintain in favourable conditions the habitats for: 2. the populations of migratory bird species 3. the populations of waterfowl bird species
of European importance with particular reference to: intertidal mudflats, saltmarsh, shingle beaches, shallow coastal waters and, grazing marsh
‘where maintenance implies restoration if the feature is not currently in favourable condition.’ The area covered by the designations described above is shown on Figure 1. Figure 2 illustrates the location of those designations in relation to the Rushenden Relief Road and Neatscourt Phase 1.
Current Condition
2.17 In assessing the relative impacts on the SPA/Ramsar the current condition of the SSSI should be taken into consideration. There is no similar condition assessment of the SPA/Ramsar designation specifically, however, as the SSSI boundary largely coincides with the boundary of the SPA/Ramsar designation we have interpreted that the condition assessment is applicable for both types of designation. The condition assessment of the SSSI dated November 2006 has assessed that 81% of the Medway and Marshes SSSI is in unfavourable and declining condition with only 18% of the total area being in favourable condition. The areas immediately south of the Neatscourt Phase I area are considered to currently be in favourable condition whilst the estuarine area to the west of the sea wall is considered to be in unfavourable and declining condition largely due to inappropriate coastal management and water pollution.
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3.0 Scheme Description and Mitigation
3.1 As indicated above, this report considers two current planning applications for development on land at Neatscourt Marshes on the Isle of Sheppey, being an application for a new Rushenden Link Road (application reference SW/06/TEMP/0083 submitted by SEEDA/Kent County Council to Kent County Council) and an application for mixed commercial uses on the land known as Neastcourt Phase 1 (application reference SW/06/1488 submitted by SEEDA/Aldi/Crown Estates to Swale Borough Council). The proposed development plans for both schemes are shown on Figures 3 and 4.
3.2 The application for the Rushenden Relief Road is a full planning application relating to the highway and drainage works required to construct a new road linking the existing A249 roundabout at Neatscourt with Rushenden Road to the west, and include details of the bridge design required to cross the intervening railway, and details of the road lighting. The application as originally submitted did not include landscaping of the highway verges and bridge embankment, but landscaping details are currently in the course of preparation to inform the application.
3.3 The application for Neatscourt Phase 1 is a ‘hybrid’ application in the sense that it is primarily an outline planning application to establish the principle of commercial development, but with certain parts of the scheme submitted in full detail. There is an overlap between the two applications, with the first stage of the Rushenden Relief Road duplicated between both. The Neatscourt Phase 1 application proposes a range of employment uses as well as the associated highway and drainage infrastructure, with the uses comprising sites for an office (Site 1A), a regional distribution centre and associated headquarters (Site 1B), mixed industrial and storage uses falling within Classes B1, B2 and B8 (Site 1C), a hotel (Site 1D) and a petrol filling station/restaurant area (Site 1E).
3.4 The parts of the Neatscourt Phase 1 application submitted for full detailed consent are:
Site 1B, which is intended to be occupied by an Aldi distribution and headquarters building – full details of landscaping, lighting and noise generation have been submitted for this part of the development, since the end user is known; The principal highways infrastructure required to serve the development; The network of water-courses which provide the surface water drainage and replacement habitat for water courses lost to the development;
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The bund to the southern boundary of the site to provide ecological mitigation; The replacement facilities for the existing Port car parking compound, which forms part of the application sites.
3.5 An overall landscaping strategy for the whole of the Neatscourt Phase 1 area was submitted as part of the original application package (and included as part of the Design and Access statement).
Context
3.6 Both applications have been submitted pursuant to the existing Adopted Local Plan which allocates the site for mixed commercial development and for the construction of the new Rushenden Link Road. These Local Plan proposals are also included in the Council’s current review of its Local Plan, which is now at an advanced stage of preparation. That emerging Local Plan has itself been the subject of an Appropriate Assessment, which noted the potential for adverse impact, but considered that appropriate mitigation would ensure that an adverse impact would be avoided.
3.7 The application sites lie immediately to the south of the recently completed A249, and lie in close proximity to the existing urban areas of Queenborough and Rushenden. The A249 provides an existing source of disturbance both to the application sites themselves, and to the nearby SPA/Ramsar sites, in terms of noise, air quality, visual disturbance, and lighting. Other urban/infrastructure in the vicinity are the existing Port car parking compound, the railway line to the west of the Neatscourt Phase 1 site, the recreation area to the north of the site, and the nearby urban areas.
3.8 The Design and Access statement for the Neatscourt Phase 1 application describes how the built development has been orientated to ensure that activity on the site is located primarily towards the northern side, adjacent to the A249, and away from the southern side, where restricted access and the provision of a substantial new earth bund will assist in mitigating the effects of the development. Although there will be urban development in closer proximity to the SPA/Ramsar area than exists at the moment, it will be largely ‘static’ in nature, comprising the rear elevations of buildings where activity, noise, and lighting will be strictly controlled. Nevertheless, it is recognised that any new development within this landscape would cause a certain degree of negative impact in terms of visual disturbance but this effect has been considered and the new bund has been purposefully designed to create a false horizon for birds on the Neatscourt Marshes. The built development itself will in time provide a positive ‘shadowing’ effect to activity from the new
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A249. In due course, further built development and the extension of the bund in later stages of the Neatscourt development to the south of the retained Port car park will provide further screening.
Mitigation
3.9 The application proposals have been prepared following an extensive period of consultation with relevant statutory bodies and as a result of that process a range of mitigation measures have been included as part of the development of both schemes. Full details relating to mitigation for both schemes is included within Volume 2 Ecological Specialist Report of the Environmental Statement (ES). A summary of mitigation specifically relating to the SPA/Ramsar and those bird, flora and invertebrate species relating to these designations is provided below.
Construction
Reduction Measures
3.10 Many of the potential impacts identified within the ES and addendum, which could occur are as a result of the construction of the Schemes. The risk of such impacts occurring can be limited/reduced by following best practice during construction activities. To ensure that best practice is followed, the applicants have confirmed that formal risk assessments will be undertaken to inform a detailed Construction Method Statement. This will be approved by the local authority prior to the commencement of any construction works and will be prepared to take into account ecological sensitivities to pollution events, dust, noise, human disturbance, potential fire, trampling and compaction effects with particular emphasis on the protection of the SPA/Ramsar/SSSI.
3.11 In addition, an Ecological Construction Management and Monitoring Plan (hereinafter ECMMP) will be prepared. This will incorporate an Ecological Watching Brief during construction during which a suitably experienced Project Ecologist would be required to approve and supervise any works that may affect any nature conservation interest particularly for protected species, grassland and wetland issues and landscaping. The detailed Construction Method Statement will incorporate the ECMMP to ensure all ecological issues are accounted for. These would include:
Defined works areas will be clearly demarcated with suitable fencing and no construction works, storage of materials or workers would be allowed outside these areas, particularly in areas of important grassland habitats;
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No entry will be allowed by employees/construction/site workers to the SPA/Ramsar/SSSI during the construction period, to limit disturbance impacts on the designated habitat and associated fauna; Works will be restricted to daylight hours to avoid the use of lights which would be required with night-time works, to prevent unnecessary disturbance to nocturnal and crepuscular species such as certain birds and invertebrates; No herbicide will be used within or adjacent to the SPA/Ramsar/SSSI or the retained saline lagoon to the north. Strict adherence to guidelines on wind conditions and type of herbicide would be incorporated; Samples to assess the levels of dust and the pH produced by the re-development works to the existing car depot to ensure that appropriate working methods are incorporated to reduce potential adverse impacts on the botanical interest, mudflats and invertebrates. Wind conditions would also be monitored and works stopped if the wind is likely to result in the deposition of dust on the SPA’s; To reduce the impacts of noise, hours of operation and a noise control plan will be pre-determined before any new activities on site are started. Activities that provide sudden loud noises would not be permitted during the wintering bird and breeding bird seasons. To reduce the risk of fire damaging habitats within the Site, smoking will not be allowed on Site during construction; Specific protected species mitigation guidance will be provided including: Seasonal constraints such as vegetation clearance only allowed outside the breeding bird season etc. Specifically designed mitigation measures to minimise (reduce) the risk and the severity of adverse pollution impacts on the SPA/Ramsar/SSSI in line with the Conservation Objectives such as maintaining water quality.
3.12 In addition, a large bund as shown on Figure 5 is proposed around the periphery of the Neatscourt Phase 1 development coincident with the SPA/Ramsar boundary, to provide protection from sound and visual disturbance to bird fauna within the SPA/Ramsar during the construction period and maintained thereafter as a permanent feature throughout the ongoing operation of the Site. The new bund would be re-seeded with herb and species-rich grassland with provenance local to the area with the aim to reduce any impact on species dependent on the dryer habitats lost from the matrix. Long-term management of the bund will also be included within the long- term management plan to provide a matrix of long tussocky grassland and shorter grassland for a variety of invertebrates.
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Translocation Measures 3.13 A major component of the works will be to translocate plants from any ditches lost to both developments into new ditches and ponds to be provided within the site and the replacement land to the south of Neatscourt Phase 1. No plants will be brought into the development sites to ensure that no alien species are brought in. New ditches will be largely constructed and made suitable for relocation of plants prior to the ditches being lost becoming infilled. It is expected that through the translocation of particular botanical assemblages, some of the associated species of invertebrate would be encouraged to colonise the compensation habitat in the short / medium term. However, it should also be noted that the new ditches will largely be surrounded by the built environment rather than species rich grassland and there is the potential for the overall assemblage to decrease, although the overall quantum of habitat available is to be increased to mitigate for such effects and the positive management regime proposed will further serve to increase the likelihood of successful translocation in the longer term.
Avoidance Measures
3.14 No avoidance measures are possible for the loss of the grazing marsh. However to balance this loss, areas of land suitable for grazing marsh adjacent to the SPAs will be provided by the applicants and the enhancement of a considerable area of land within the Medway Estuary and Marshes SPA to the south of the Neatscourt Phase 1 and Rushenden Relief Road will provide a replacement. Other measures taken to minimise impacts include vegetation clearance outside the bird breeding season. The bund would be constructed during the late summer period after the breeding bird period but prior to the key wintering bird period. As stated previously, the bund is designed to minimise disturbance impacts during the construction and operation period.
Operation
Reduction Measures
3.15 The EIA process has identified several potential operational impacts of the Scheme on the Nature Conservation and Biodiversity resource. Again the applicants have confirmed that the following mitigation will be implemented to minimise the impacts:
There would be no access into the SPA/Ramsar/SSSI from the developments within the Neatscourt Phase I Development; Creation of ditches (2 for 1 replacement of the ditches that will be lost) within the development. The ditches have been
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designed for storm water storage and to enhance the biodiversity of the site, where the ditch banks would be above the flood level, to allow for water vole burrow entrances to be accessed at all times Design of lighting at Detailed Design Stage will be approved by the local planning authority before being brought into operation and will be of a high specification to reduce light spillage through the use of specific design measures including back shields and shaded luminaires; Culverts with ledges suitable for safe otter movement as set out in DMRB guidelines would be provided along with appropriate fencing where necessary along the relief road. A long-term Site Management and Monitoring plan will be written by a suitably qualified ecologist and the management and monitoring of the Site will then be undertaken to ensure the favourable continuity of any retained nature conservation interest within the Site and for the adjacent designated sites. Buffer bund provided to screen the visual and noise disturbance from the built development on the adjoining SPA/Ramsar/SSSI in the long term. Ongoing habitat management to optimise floral diversity / reptile potential and to ensure ongoing screening function for birds.
3.16 In addition, the hydrological mitigation measures within the Scheme are designed to minimise the potential for any pollution incidents to occur post construction, particularly from the proposed vehicle washing facilities and the new petrol station. More information regarding the hydrological mitigation is included within Chapters 12 of the full ES and in the addendum. The proposed mitigation measures represent an improvement over the current situation (whereby run off already occurs already from existing uses in the area), both through the establishment of a longer network of water-courses specifically designed to minimise and isolate pollution risks on the adjoining sensitive sites to the south, and via the provision of on-going management. The following table outlines the existing and proposed drainage systems. The proposed system has now subsequently received approval from the Environment Agency.
Table 6 Existing and Proposed Drainage System
Surface water Discharge to Treatment Provision for drainage surface waters emergency area pollution incident Existing system A249 Sheerness None other None Docks via a than the pumping sedimentation station and provided by
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Westminster the tidal pond drain Rushenden Uncontrolle Uncontrolled None industrial d drainage runoff area west of the railway line Port Authority Ditches in No specific Double car storage Neatscourt treatment of drainage area grazing run 0ff ditch marsh provides storage capacity to prevent direct discharge to surface waters Proposed System Rushenden Attenuated Online storage Facilities as Relief road discharge to provide provided by west of the via public attenuation to public sewer railway line surface meet Southern water sewer Water criteria to channel outfall Rushenden Ditches in Double ditch Outfall with Relief Road Neatscourt settlement stop log east of the grazing system with system to railway line marsh planted reeds control flow to facilitate and isolate attenuation of ditch network pollutants. Each development plot will have its own facilities subject to the granting of planning permission Neatscourt Ditches in Ditch Outfall with Phase 1 Neatscourt settlement stop log development grazing system with system to Plots 1B, 1C marsh planted reeds control flow to facilitate and isolate attenuation of ditch network pollutants. Each development
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plot will have its own facilities subject to the granting of planning permission
Amelioration 3.17 Non-native plant species, particularly the water-fern Azolla filiculoides, were seen to have had an adverse impact on the faunistic diversity of the site. If the faunal assemblages of the most diverse sites adjacent to where this plant presently occurs are not to be adversely affected, the further spread of this plant needs to be prevented. This species and the Australian swamp- stonecrop Crassula helmsii in other ditch systems is likely to spread if left unchecked. As part of the mitigation and management of the development sites, the removal of such invasive species will be undertaken as a matter of course to provide an opportunity to enhance the wildlife value of sections of the existing ditch system which is a positive benefit of the development.
Adjacent and Off-Site Areas of Habitat Improvement and Creation
3.18 The scheme involves on-site mitigation in the form of ditch creation, balancing ponds and the bund along the southern boundary of the Neatscourt Phase I site. In addition, the applicants have offered by way of a condition on the planning permission to put in place a scheme of enhancement and management of a minimum of 14 ha of grazing marsh within the SPA to the south of the developments to strengthen the integrity of the SPA overall. Furthermore, the proposals provide for the provision of additional non-SPA grazing marsh adjacent to the SPAs of an area no less than the size lost due to development. These twin measures would provide sufficient alternative habitat for the area both directly and indirectly impacted on by the scheme rather than just those areas to be directly lost. Flora would be translocated from the lost grazing marsh into the recreated grazing marsh and the SPA itself, this would also result in the movement of some of the invertebrate species to the newly created grazing marsh habitat and SPA. The off-site areas to be provided include 4.5 ha of land to the immediate south of Neatscourt Phase I Development outside the SPA. An additional 8,7 Ha is still required to replace the grazing marsh lost to the developments. SEEDA and the land-owners (Crown Estates) are currently in negotiations with landowners in the area to secure the purchase of suitable land to replace the remainder. The delivery of this land will be secured by planning condition to
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ensure its delivery in accordance with an appropriate timetable of works.
3.19 The criteria for the selection of suitable replacement land is that it must be adjacent to the existing SPA designations and have been identified as having the potential to be modified to create grazing marsh habitat.
Monitoring 3.20 To assess whether the mitigation instigated by the ES has been undertaken and that it has been successful in reducing the impacts as predicted, monitoring will continue in the first instance, to 10 years post construction. It will also be undertaken on an annual basis during construction. The Ramsar/SPA/SSSI and the Sites will be subject to monitoring to assess the long-term impacts of the Scheme on the quality of the Ramsar/SPA/SSSI. This will include, birds, aquatic and terrestrial invertebrates, water vole, botany and hydrogeology. Any off site areas of land will be subject to the same level of monitoring. In the unlikely event that impacts are assessed as occurring and the value of any part of the land has diminished, the reason for these impacts should be determined and mitigation altered to halt the deterioration of the habitat wherever possible. The assessment of the impact of the Scheme should be reported to the relevant national organization, Natural England, to allow impacts of future similar Schemes to be assessed.
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4.0 Impact Assessment of Neatscourt Phase 1, Rushenden Relief Road and other known development within the Medway Estuary and Marshes SPA/Ramsar and Swale SPA/Ramsar
4.1 The impacts associated with the Neatscourt Phase 1 and Rushenden Relief Road are identified within the Environmental Statements and in the Environmental Statement Addendum produced for both applications.
4.2 The following potential impacts and issues to be taken into consideration as part of the appropriate assessment have been provided by Natural England
4.3 SPA and Ramsar birds
Disturbance – noise and visual – reduction or displacement of birds Loss of feeding/roosting habitat Visual disturbance – reduction or displacement of birds Damage to habitats including impacts on food availability
4.4 Ramsar Invertebrates
Behavioural disturbance, disruption to circadian rhythms Damage to habitats Species survival – particularly through changes to water quality or air quality)
4.5 Ramsar flora
Damage to habitats – particularly through changes to surface water run-off regime and hydrology Species survival – particularly through changes to water quality, air quality and increased access to designated sites.
4.6 The assessment given below for Neatscourt Phase 1 and Rushenden Relief Road therefore, is based upon the issues identified above, and is divided into direct and indirect impacts and the degree of impacts identified are with the benefit of mitigation measures in place.
Direct Impacts on both SPA/Ramsar sites
SPA and Ramsar Birds
4.7 There would be a potential direct impact on SPA/Ramsar birds, through the loss of non-SPA grazing marsh, which currently supports bird species for which the two SPA/Ramsar sites are designated if unmitigated. The populations of birds impacted on represent the following percentages of the SPA/Ramsar sites
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populations. The first (or only) percentage being of the Medway Estuary and Marshes SPA and the latter of the Swale SPA:
1.5% and 1.7% of redshank 0.5% and 2.8% of shoveler 7.2% and 4.5% of teal 3.0% of curlew 0.3% of SPA wetland birds.
4.8 It is likely that these will be displaced into the SPAs during the construction period; all but redshank would be permanently displaced. This is due to the fact that Redshank are not as visually sensitive as other bird species and adapt to their surroundings fairly quickly. The creation of 13.2 ha of new grazing marsh adjacent to the SPAs and the enhancement of a minimum of 14 ha of the SPA land to the south of the schemes however will mitigate this in the long term.
Flora and Invertebrates
4.9 Flora and invertebrate species referred to within the Ramsar citation occur within the non-SPA grazing marsh. These would be lost, however, flora would be translocated from the ditches within the lost grazing marsh into the recreated grazing marsh and the new ditches within the development areas. This in association with the enhancement of the SPA further southwards would result in the movement of some of the invertebrate species into these areas.
Water quality
4.10 The proposed drainage strategy was conceived through pre- application consultation with the EA. It is summarised in Table 6 and Figure 6.
4.11 Surface water drainage west of the railway is to the public sewerage system, while drainage from Plots 1A, 1D, and 1E is connected to the existing drainage system for the A249. Only surface water from the Relief Road to the east of the railway line and from the remaining plots of the Neatscourt Phase 1 development will discharge to the channels which drain into the designated areas. These ditches are designed to act as sediment traps and to attenuate pollutants through the inclusion of the following features:
The widening and deepening of the ditches to provide containment capacity in the event of pollutant spillage; The planting of the ditches with native reed species to facilitate attenuation of pollutants; The fitting of the outfalls with a stop log system to control flow, and to isolate the ditch network in the event of a
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pollution incident.
4.12 In the event of a major spillage it is possible that the drainage from the A249 will enter the drainage ditches feeding the Neatscourt Marshes, which will in turn drain into the SPA/Ramsar/SSSI. At present there are no facilities for containing or attenuating such spillages. The design of the proposed drainage system will allow all or part of the system to be isolated in the event of such a spillage.
4.13 With regard to potential flooding, a linear holding pond will be provided to absorb peak flows. The overall capacity of the system is in excess of 20.0000 cubic metres, which equates to approximately twice that required for a 1 in 100 year event assuming no outflow whatsoever. The lack of a hydraulic gradient system effectively lengthens the retention period over which water is held thus creating a head, which induces flow over the outfall weirs. As an example, the increase in water level for a 1 in 2 year event is no greater than 70mm so the aggregate flow over the outfall weirs will be substantially less than the allowable thus increasing retention time. The increased ability to store water on the site as set out in the Flood Risk Assessment is a fundamental part of the design in conjunction with a planting regime of reed beds or similar, throughout the system. Significant opportunity therefore exists for digestion of any minor contaminant as an integral aspect of the overall philosophy.
4.14 In conjunction with the above and, as a further protection to downstream catchments, a Management Plan will form part of this scheme, where the effects of the development will also be monitored. This will be approved by the local authority pursuant to a condition. There are also long term management proposals in the form of the establishment of an over-arching Management Company for the Neatscourt area. In the event of a serious pollution incident the Management Company will have emergency procedures in place to isolate the system all or in part. This will enable clean up to take place in a controlled environment. Emergency procedure will be developed and agreed with the Environment Agency and the Lower Medway Internal Drainage Board.
4.15 In the event of a pollution incident, it is considered that the knock on effect would be a localised potential and temporary reduction in the invertebrate species diversity within the new ditch wetland habitat within the development areas and the SPA land adjoining them and in turn, a localised and temporary reduction in food for the SPA birds in the vicinity of the incident which rely largely on soft leaved and seed bearing plants and invertebrates including molluscs, worms, caddisflies, beetles and bugs. The predicted impacts on the ecological resource is therefore considered to be a small direct and temporary
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localised impact on some of the water courses within the SPA/Ramsar in the event of an incident. However, the natural balance of the wetland habitat and its assemblage would recover, thereby avoiding any significant impact on the overall integrity of the area.
4.16 The proposed surface water strategy has now subsequently received approval from the Environment Agency in terms of water quality. As the application for Neatscourt is in outline only, full details of ditch design have yet to be approved and this will be controlled by planning condition.
Indirect Impacts
4.17 Disturbance –noise, light and visual impact
4.18 Generally birds can be affected by increases in visual and noise disturbance. Hockin et al 1992 refer to the definition of disturbance as ‘any relatively discrete event in time that disrupts ecosystem, community or population structure and changes resources, substrate availability or physical environment’. Types of disturbance were categorised in terms of their level and frequency of occurrence. For example, passive low level continuous disturbance with an example of a pumping station with no visible human presence (similar to the Southern Water site located to the south-west of Rushenden) waders and wildfowl would be likely to become accustomed to the disturbance. Medium level continuous disturbance would result in a site becoming unattractive to most vulnerable species, whilst active high-level continuous disturbance would result in a site becoming species poor with only the most tolerant species remaining.
4.19 Noise and vibration generated during the construction and operational phases is a potential source of disturbance to the flora and fauna supported by the SPA/Ramsar/SSSI sites. The available ecological research on the impacts of noise on birds as discussed in the Addendum to the Environmental Statements records that an increase in noise, or the introduction of a noise source, might have the following impacts:
The masking of avian and mammalian vocal communication. This may disrupt social cohesion, the avoidance of predators, and the detection of prey, navigation, and other behaviour patterns. Potentially this may result in a reduced ability for individuals to acquire mates, reproduce and raise young, and may also result in an increased rate of predation; It has been demonstrated that traffic noise from highway schemes has the greatest impact on the breeding of grassland birds (e.g. lapwing and bar-tailed godwit). Noise is also the most likely cause of disturbance of migratory birds.
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4.20 The key features of disturbance from noise relate primarily to the proximity and characteristics of the existing population and the characteristics of the noise itself (i.e. noise load, source amplitude and signal frequency). The predicted noise levels generated by the main construction activities are detailed in Table 15.8 of the Rushenden Relief Road Environmental Statement and Table 15.7 of the Neatscourt Environmental Statement and are summarised in Table 7 below.
Noise generated from Construction Activities
Table 7 Predicted average noise impact at Neatscourt Phase 1 from various construction activities
Location Predicted noise level (dB(LAEQ,working day) at Neatscourt of Activity Ground Augured Concreting Aggregrate Asphalting Works Piling activities crushing Rushende 59.3 45.7 47.1 47.1 56.9 n Relief Road Neatscour 51.7 50.8 51.7 44.8 49.2 t
4.21 Groundworks and asphalting are the noisiest of the construction activities and exceed the 51-54 dB ambient noise levels already experienced at Neatscourt Marsh by 5.3 - 8.3dB (groundworks) and 2.4 - 5.9 DB (asphalting). These increases represent a minor adverse to negligible impact. The majority of the groundworks consist of the settlement period when there will be no activity; the asphalting will be of short duration and is programmed to avoid the period of wintering birds.
4.22 The remaining activities are expected to generate substantially less noise. The generation and transmission of noise will be reduced by the following measures:
The location of activities (e.g. the contractor’s compound) behind existing 24-hour activities e.g. the Port Authority car storage or adjacent to the A249; The enclosure of the contractor’s compounds behind a 1.8m high, solid fencing. The early creation of a 6 metre high landscaped bund along the southern boundary of Plot 1B, and the lowering of the ground level in Plot 1C, which will have the effect of absorbing noise and reflecting it back into the development. This work will be undertaken as the first element of the ground works so that subsequent activity will take place behind the bund and the excavation; The early erection of a visibility screen at the base of the bund to obscure activity during construction, which will also aid in reducing noise transmission;
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The selection of low-noise methodology for construction activities, including augured piling for bridge construction; The reduction of working hours during the winter period to reduce disturbance on over-wintering birds and in the early summer on breeding birds; The monitoring and enforcement of noise reduction measures by the Contractor’s Environmental Agent in accordance with current standards.
4.23 The anticipated noise generated from the Contractor’s compound is also considered to be having a minor impact for the following reasons.
The existing neighbouring habitats to the west of the railway are already subject to continuous and intense periods of noise of a wide variety of frequencies, generated by the industrial activities that surround the site; The existing neighbouring habitats to the east of the railway are already subject to continuous and sporadic periods of noise of a narrower range of frequencies, generated by the railway, the Port Authority car storage, and the A249.
4.24 In summary, construction noise is of a temporary nature and will not add significantly to the background existing local noise levels. General literature on the impacts of noise on ecological species indicates that most species become accustomed to noise and are not greatly impacted by additional noise to the general backgrounding noise unless the noise is significantly loud and intermittent. In the context of the surrounding area, which includes a car storage facility, industrial activities to the west and the A249 dual carriageway it is considered that additional noise created as a result of the construction works and with all mitigation in place is likely overall to provide a minor impact which does not constitute a significant adverse effect on the integrity of the SPA.
Post Construction Noise
Rushenden Relief Road west of the railway line
4.25 The Relief Road to the west of the railway is set within an industrial area which is already subject to continuous and intense periods of noise of a wide variety of frequencies. Noise generating activities continue beyond daylight hours. To attenuate noise generated by the road a noise barrier will be constructed where the road rises on the embankment to cross the railway. This will also screen views of the road.
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Neatscourt Phase 1 and the Relief Road east of the railway line
4.26 Prior to the construction of the A249, the modelled noise experienced at Neatscourt Marsh, (47-50 dB (LAeq, 16hr)) was greater than levels that might have been expected at an isolated rural site (35-45 dB (LAeq, 16hr). In addition, the construction of the new A249 generated an increase of 9dB (LAeq, 16hr) at the proposed development site, from 56-59 dB (LAeq, 16hr) to 65-68 dB (LAeq, 16hr). The increase in noise on Neatscourt Marshes as a result of this development was 4 dB (LAeq, 16hr), increasing levels to 51-54 dB (LAeq, 16hr). These increases are shown in Table 8. Using the criteria established in the Environmental Statements (Neatscourt Phase 1 Environmental Statement, Table 15.4), the magnitude of the increase has been classified as ‘small’.
Table 8 Modelled noise increases associated with A249
Location Neatscourt Southern Land Phase 1 Boundary of south Neatscourt of Phase Site1 Neats court Phas e 1 site Noise level prior to 56-59 50-53 47-50 new A249 (dB LAeq, 16hr) Noise level with new 65-68 54-57 51-54 A249 (dB LAeq, 16hr) Increase level (dB LAeq, 9 4 4 16hr) Magnitude of increase Medium Small Small (scale taken from ESs)
4.27 The Neatscourt proposals will screen the marshes from noise generated by traffic along the A249. Based on the height of the building and the distances between the source, obstruction and receptor, using CRTN12 calculations, the decrease in noise level between the A249 and Neatscourt Marsh is predicted to be between 3-9dB (Laeq,16hr). The resulting noise levels experienced on the marsh as a result of traffic using the A249 are between 45-48 dB (LAeq, 16hr) would then be comparable to the level experienced on the marsh before the construction of the A249.
4.28 The noise generated by the Neatscourt development itself has a target level set at 45 dB (LAeq, 16hr) for the building compound and the distribution warehouse. This is less than that currently
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experienced on the Neatscourt Phase 1 site (65-69 dB LAeq, 16hr), and less than that currently experienced on Neatscourt Marsh (51-54 dB (LAeq, 16hr)
4.29 The target level will be achieved through the following measures:
the enclosure of the majority of activities within the warehouse and office buildings; the design of the building facade and the use of appropriate materials; the concentration of goods delivery during daytime hours (Neatscourt Phase 1 ES 3.2.4).
4.30 Noise generated by activities during the post construction phase will be further mitigated by the following measures:
The location of activities on Plots 1A, 1D, and 1E behind existing 24-hour activities (e.g. the Port Authority car storage); The creation of a 6 metre high landscaped bund along the southern boundary of Plot 1B, and the lowering of the ground level in Plot 1C, which will have the effect of absorbing noise generated from the Relief Road and the development area, and will reflect it away from the marshes to the south of the site; The provision of enhancement land elsewhere to mitigate impacts immediately adjacent to the site.
4.31 In addition as the Neatscourt Phase 1 application is in outline only, noise control planning conditions will be put in place to ensure that the predicted target noise levels of 45dB are not exceeded. In summary, the additional impact of noise from the proposals during the post construction phase will be negligible for the following reasons:
The existing habitats to the west of the railway are already subject to continuous noise from industrial and commercial activities; The existing neighbouring habitats to the east of the railway are already subject to 24-hour operation from the Port Authority car storage and the A249; The screening of noise from the A249 by the building on plots 1B and 1C; The screening of noise from the Neatscourt development by the bund along the southern boundary of plot 1B and the lowering of plot 1C; Conditions will control operational noise levels emitted by the development.
4.32 Furthermore, the predicted decrease in noise during the post- construction phase of between 3 and 9 dB (LAeq, 16hr) would
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represent a beneficial impact of ‘small - medium’ magnitude. However, given the anticipated increase in traffic along the A249 and new traffic using the Relief Road, the reduction in noise is predicted to be between 0.1-2.9 dB (LAeq, 16hr) which is assessed to be of ‘negligible’ magnitude. Given the ‘high’ sensitivity of the receptor, this is therefore considered to be a beneficial impact of ‘minor’ significance.
Lighting
4.33 Lighting during the construction phase is a potential source of disturbance to both the flora and fauna supported by the SPA, Ramsar and SSSI sites. Published research has shown that the introduction of a light source may have the following impacts:
The disruption of the circadian rhythm of some plants so changing the times of budding. Other plants seem to be unaffected and respond more to changes in temperature; The attraction of insects to light so providing a new food source for insectivorous birds and bats; The creation of conditions similar to daylight so that some nocturnal insects respond by prolonged settling, reducing time for feeding, breeding and egg laying; The fragmentation of habitats, and the creation of isolated colonies with the introduction of linear lighting; The reduced ability of female moths to attract males, and increased moth mortality as the larvae do not produce over- wintering pupae; The disruption of insect camouflage so increasing their vulnerability to predation; The temporary blinding by bright lights of those animals whose eyes are adjusted to low light conditions; The deterrence of mammals from using established foraging and breeding areas; The disruption of avian behavioural patterns such as courtship, mating reproductive cycles, migration, fat deposition and moulting.
4.34 The key features however seem to be the proximity and characteristics of the existing ecological species population, the characteristics of the lighting (i.e. the intensity, its duration and its geometry). Information relating to ecological species is provided in the Rushenden Relief Road and Neatscourt Phase 1 Environmental Statements, Chapter 3.
Disturbance from Construction Lighting
4.35 The location of temporary construction lighting is shown in table 9.
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Table 9 The location of temporary construction lighting
Location Description Impact
Neatscourt Night-time lighting for Hidden behind 24- Compound security and safety hour operation of floodlit Port Authority car storage
Cullet Drive Night-time lighting for Hidden behind Compound security and safety operational railway line and within industrial complex
Short term Engineering works which The bridge works are lighting of require work outside of hidden behind 24- specific works normal working hours hour operation of e.g. floodlit Port Authority construction of car storage the bridge over the railway
Extension of the Potential extension to Hidden behind 24- Port Authority working hours to maintain hour operation of car storage operational capacity floodlit Port Authority car storage
4.36 The lighting of the construction compounds is likely to be characterised as follows:
Downward directional luminaires to reduce light spillage; The use of low lighting columns (e.g. 4-5 metres high) to reduce light spillage; The use of low wattage luminaries.
4.37 In addition, the escape of light will be further reduced by the following:
The erection of 1.8m high, solid fencing around each compound to reduce visibility of the illuminated area; The early creation of a 6 metre high bund along the southern boundary of Plot 1B and the lowering of the ground level in Plot 1C which will have the effect of obscuring the compound from Neatscourt Marsh; The early erection of an avian visual screen at the base of the bund to further obscure the compound especially during the early construction of the bund.
4.38 The impacts of lighting from the contractor’s compounds will be negligible for the following reasons:
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The Cullet Drive compound is surrounded by 24-hour commercial/industrial security lighting; The Neatscourt contractor’s compound is adjacent to the 24-hour security lighting of the A249 and the street lighting around Borough Road housing estate.
4.39 The lighting of the compounds will be less intense than the existing adjacent security lighting and of a temporary nature, and will not significantly add to the local lighting load. The local flora and fauna are already accustomed to the existing security lighting in the surrounding area and are already accustomed to such light intensity and will therefore not be further impacted by these additional temporary light sources. Any additional light sources (e.g. for the bridge construction) will be of short duration, and is likely to have only a temporary minor and recoverable impact. The justification for this is that the existing neighbouring habitats to the west of the railway are already subject to continuous lighting from industrial and commercial activities. In addition, the existing neighbouring habitats to the east of the railway are also already subject to 24-hour lighting from the Port Authority car storage and the A249.
4.40 The lighting generated during the construction phase is likely to be similar to that already experienced, but is of a temporary nature. It will not add significantly to the local light load. Any impacts associated with lighting during construction are considered to be ‘neutral’ or ‘minor’ and do not constitute a significant effect on the integrity of the SPA.
Post Construction Lighting
4.41 Lighting generated during the post construction phase could also be a potential source of disturbance to the flora and fauna supported by the SPA/Ramsar/SSSI sites. The lighting therefore has been carefully selected and designed to ensure that there is no additional illumination in to the wider surrounding environment.
Rushenden Relief Road west of the railway line.
4.42 The lighting plan of the Relief Road is provided as Figure 7 and is summarised in Table 10 below.
Table 10 Summary of artificial lighting: Rushenden Relief Road
Location Description Wattage Height Inclination Numb (metres) er of Units
A249 SON/T High 150-250 10-12 Horizontal Not known
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Relief SON/T Plus 100-150 8 – 10 5 72 Road Lamp
4.43 The lighting of the relief road has lower columns and lower wattage luminaires than those of the A249 the eastern arm of which runs through the SPA/Ramsar/SSSI sites on the approach to the Sheppey Bridge. The impact of the Relief Road will therefore be expected to be less than for the existing A249 and not provide an additional cumulative impact on these sites.
4.44 The luminaire design is such that lighting is directional, and light dissipates quickly away from the road as illustrated by Table 11. Light is effectively kept within the highway boundary, being reduced to less than 1 lumen or 0.5% of the illumination at ground level at the base of the column. The impact will therefore be negligible outside of the highway boundary and therefore unlikely to have an effect on the intertidal mudflats and also the saline lagoon.
Table 11 Decreasing light intensity (lumens) with increasing distance from column
Increasing distance from lighting column 0- 3- 5-8m 8- 10-20m 20m+ 3m 5m 10m Lumens 20 15- 10- 5-10 1-5 <1 20 15 Feature Highway Embankment Outside of Highway boundary
Neatscourt Phase 1 east of the Railway line
4.45 Figure 8 illustrates the lighting plan for Neatscourt Phase 1 and Table 12 below summarises the type of artificial lighting for Neatscourt Phase 1
Table 12 Summary of the type of artificial lighting for Neatscourt Phase 1
Location Description Wattage Height Inclination Number (metres) of units Plots Plots 1A, 1D &1E will be the subject of separate planning 1A,1D &1E applications Plot 1B SON/T Plus 250 8 30 53 Lamp Plot 1B SON/T Plus 100 5 5 27 Lamp Plot 1C Plot 1C will be the subject of a separate planning application
4.46 In addition both the proposed Neatscourt Phase 1 buildings on Plots 1B and 1C and the southern bund will provide a screen to shield views of the road from Neatscourt Marsh. Table 13 shows
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the calculated distance from the southern boundary of the Neatscourt development beyond which, views of the A249 are possible.
Table 13 Screening effects of the Neatscourt Phase 1 buildings
A294 Distance from Distance to Lighting boundary the of Neatscourt Swale from which Channel the luminaire are screened
10m high 3000m 1600m column
12m high 1000m 1600m column
4.47 The development will therefore provide a beneficial screen for fauna for the whole of Neatscourt Marsh. In this respect the buildings will reduce the impact of lighting of the marsh from the A249 in part, and may be considered to be beneficial. The impact of the lighting of the Neatscourt development will be approved pursuant to a planning condition and will be mitigated by the following measures:
Lower lighting columns. Lower wattage luminaires to provide diffuse lighting and reduce attraction to invertebrates; Directional luminaires; High pressure sodium lighting (SON) which has excellent directional properties; The siting of lighting in Plots 1B and 1C primarily on the side facing the A249 and on the opposite site to Neatscourt Marsh; The provision of enhancement land elsewhere to mitigate impacts immediately adjacent to the site.
4.48 In summary the impact of light from the proposals during the post construction phase will be negligible for the following reasons:
The existing habitats to the east of the railway are already subject to the 24-hour lighting from the Port Authority car storage and the A249; The screening of light from the A249 by the building on plots 1B and 1C; The screening of light from the Neatscourt development by the bund along the southern boundary of plot 1B and the lowering
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of plot 1C;
4.49 In the context of the surrounding area, which includes a trunk road network, industrial works and the 24-hour operation of a car storage facility, all of which are comprehensively lit with industrial lamps, and as a result of proposed mitigation measures, any impacts associated with lighting of the proposals on the SPA and Ramsar sites are therefore considered to be ‘neutral’ or ‘minor’ which do not constitute a significant adverse effect on the integrity of the SPA.
Disturbance from Activity
Construction Phase
4.50 Movement during the construction phase is a potential source of disturbance to the flora and fauna supported by the SPA/Ramsar/SSSI sites. Published research induicates that disturbance from activity may have the following impacts:
The deterrence of birds and mammals from using established foraging/feeding and breeding areas; The deterrence of birds from feeding in a particular area due to reduced line of sight; The disruption of avian behavioural patterns such as courtship, mating reproductive cycles, migration, fat deposition and moulting.
4.51 Movement will be concentrated around the contractor’s compounds (i.e. the collection of stored material, the storage of plant and materials, and movement associated with plant storage and the offices). Construction activities will be reduced or screened from view from the SPA/Ramsar/SSSI sites by the following measures:
The siting of the Cullet Drive compound to the west of the railway behind existing features and the railway embankment to the east; The siting of the Neatscourt Phase 1 compound to the east of the railway behind existing features including the Port Authority car storage to the southeast, The early erection of a 6m high landscaped bund along the southern boundary of Plot 1B; The erection of 1.8m high, solid fencing around the perimeter; The limiting by condition of the majority of construction activity to daylight hours (many local organisations operate throughout the night, such as the Port Authority car storage); The early erection of a temporary avian screen at the
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base of the bund to obscure the construction of the bund during its early stages; The early lowering of the ground level by approximately 2m below the surrounding ground level.
4.52 The additional impact of movement is anticipated to be ‘small’ as there are few existing habitats to the west of the railway, and these are already subject to disturbance from movement associated with the neighbouring industrial activities. Also the existing neighbouring habitats to the east of the railway are already subject to continuous and sporadic disturbance from movement associated with informal recreational activity, the railway line, the Port Authority car storage and the A249.
4.53 The movement generated by the construction phase of the proposals, is likely to be greater than that already experienced, but is of a temporary nature, and will not add significantly to the quantity of visible movement. The local flora and fauna will be accustomed to such movement and will not be greatly impacted by these sources of movement.
4.54 In the context of the surrounding area, which includes a trunk road network, industrial works and the 24-hour operation of a car storage facility, and as a result of proposed mitigation measures, any impacts associated with the visibility of construction activities from the marsh are predicted to be ‘neutral’ or ‘minor’ which do not constitute an adverse impact on the integrity of the SPA.
Post Construction
Rushenden Relief Road west of the railway line
4.55 Post construction activities will be reduced or screened from view from the SPA/Ramsar/SSSI sites by the erection of solid fencing at the highest point of the bridge over the railway to obscure potential views from the SPA/Ramsar/SSSI.
Neatscourt Phase 1 east of the railway
4.56 The impact of visible activities on the Neatscourt Phase 1 development site will be mitigated by the erection of a 6 metre high bund along the southern boundary of Plot 1B. In addition the lowering of the ground level in Plot 1 which will have the effect of obscuring the activity in Plots 1B and 1C. The activity in Plots 1A, 1D, and 1E will be obscured by the Port Authority car storage. The bund has been designed to provide a gradual slope to a false horizon so that birds occupying the grazing marsh are not unsettled by a feature which is alien to the landscape. The bund will be grassed to resemble the grazing marsh vegetation. Only the side facing the warehouse will be landscaped to soften its visual impact and to enhance its noise
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absorption characteristics. To reduce night-time impacts, the delivery of goods to the distribution warehouse is to take place predominantly during the daytime. These measures would also be supported by the provision of enhancement land elsewhere to mitigate impacts immediately adjacent to the site.
4. 57 The impact of visible disturbance during the post construction phase will be negligible. This is attributed to the fact that:
The existing habitats to the east of the railway are already subject to continuous disturbance from existing commercial and industrial activities that surround the site; The existing habitats to the east of the railway are already subject to 24-hour disturbance from the activities at the Port Authority car storage, and from traffic on the A249; The screening of movement from the A249 by the buildings on plots 1B and 1C; The screening of movement from the Neatscourt development by the bund along the southern boundary of plot 1B and the lowering of plot 1C.
4.58 In the context of the surrounding area, which includes a trunk road network, industrial works and the 24-hour operation of a car storage facility, and as a result of proposed mitigation measures, any impacts associated with the visibility of construction activities from the marsh are predicted to be ‘neutral’ or ‘minor’ and do not constitute an adverse impact on the integrity of the SPA.
4.59 A summary of the impacts, mitigation and significance of effects on the SPA/Ramsar sites is given in Table 14 at the end of this report.
Cumulative assessment of Rushenden Relief Road and Neatscourt Phase I
4.60 The non-SPA areas of grazing marsh within the development area which would be lost to the Rushenden Relief Road and the Neatscourt Phase 1 developments support birds, plants and invertebrates for which the adjacent Medway Estuary and Marshes SPA/Ramsar Site and Swale SPA/Ramsar Site are designated. The non-SPA grazing marsh is considered to support similar species of birds, plants and invertebrates to the SPA grazing marsh immediately adjacent to the Site.
4.61 The displacement of birds from the non-SPA grazing marsh would be mitigated for by the habitat creation of an area the same size as the non-SPA grazing marsh, in locations adjacent to the SPA. In addition, management and improvement of the grazing marsh habitat within the SPA to help meet the conservation objectives of the SPA into more sympathetic management for
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birds and invertebrates to improve the quality of the SPA/Ramsar sites is also to be undertaken.
4.62 In conclusion the developments within Neatscourt Phase 1 and the Rushenden Relief Road would result in the loss of grazing marsh outside the SPA/Ramsar which currently support SPA/Ramsar species including birds, plants and invertebrates. Potential negative impacts in the early years following construction to the SPA/Ramsar sites would be offset by the enhancement of a minimum of 14 ha of land within the existing SPA which would be undertaken prior to the commencement of the developments, thereby ensuring that the enhanced land is available for use prior to any loss of the non –SPA grazing marsh, to ensure that any short-term impact is also mitigated. In addition, the creation of 13.2 ha of replacement grazing marsh in other locations adjacent to the SPAs will ensure that in the future, there will be no net loss in the amount of land available for use for SPA species. This in association with the post construction monitoring for a minimum of 10 years will provide for the long-term improvement of the SPAs thereby ensuring no adverse impact on integrity of the SPAs and their ability to support to support the populations of birds for which they have been classified.
Assessment of Relevant Other Schemes within the boundaries of the SPA/Ramsar Sites.
4.63 As discussed in chapter 2, Information was sought from Swale Borough Council, Canterbury City Council and Medway Council. The developments of relevance to this assessment are indicated on Figure 9 and described below and their impacts where known on the SPA/Ramsar sites.
London Array Offshore Windfarm (Onshore and Offshore Works)
4.64 The London Array Project covers 90 square miles between Margate in Kent and Clacton, Essex. The scheme comprises of 341 turbines rising from the sea about 12 miles off the Kent and Essex coasts. The onshore works also includes the installation of buried marine and terrestrial cables, the construction of a substation and access road and works associated with alterations of the existing National Grid overhead lines.
Relevant Impacts:
4.65 The London Array Scheme has the potential to cause disturbance impacts on birds within the Swale SPA/Ramsar. Assessment of the scheme highlighted adverse effects to red-throated divers. As a consequence, the scheme was detailed to reduce the number of first phase turbines. The assessment also stated that the cable laying works could affect invertebrates on the foreshore as a
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result of physical damage from machinery and personnel. Also that damage could cause the removal of food plants and burrowing insects from the removal of sediment. Mitigation measures have been incorporated into the proposals to avoid damaging the ecological interest and maintain the ecological value of the site. These include harvesting of seeds from plant species of concern and subsequent scattering over the site following implementation of construction works The assessment found that whilst potentially negative impacts arising from the construction were identified, it was considered that appropriate mitigation could be implemented in most cases. Of these, only those associated with the net loss of small areas would be likely to be permanent.
Assessment:
4.66 The London Array Offshore Windfarm (Onshore works) Report Towards an Appropriate Assessment found that the provision of the buried marine and terrestrial cables and construction of a substation and access road and works associated with alterations of the existing National Grid overhead lines would be likely to have a significant effect on The Swale SPA and Ramsar site.
4.67 It was considered that, subject to the implementation of appropriate mitigation measures, including mitigation measures proposed in the Environmental Statement, the proposed works would not have an adverse effect on the integrity of The Swale SPA and Ramsar site and also the special interest of The Swale SSSI. Natural England accepted that the adverse impacts could be mitigated and that residual impacts could also be offset by the provision of compensatory habitats, as outlined in the Environmental Statement. In addition it was also recommended that all mitigation and compensatory habitat provision should be secured by conditions or legally binding obligations attached to the permission, consent or licence authorising the works, to provide confidence that the relevant statutory and policy requirements will be met. A recommendation was made for the effectiveness of the mitigation measures to be monitored and reported to the relevant regulatory authorities and information derived from the monitoring programme used to inform implementation of the later phases of the development.
4.68 The onshore works are located approximately 10km to the southeast of the Relief Road and Neatscourt developments. The exact start date is not known, however it is likely that construction activities will commence after the completion of the Neatscourt Phase 1. The cumulative impact of construction activities can therefore predominantly be attributed to the construction of the Relief Road. However, by the time this project begins on site, the bund to the south of the Neatscourt Phase 1
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would have been constructed; the enhancement to the land within the SPA carried out and the grazing marsh replacement land secured and operational. Given the fact that the Neatscourt Phase 1 development shields the Relief Road from the SPAs it is unlikely that there would be a significant cumulative impact to adversely affect the integrity of the SPAs.
Queenborough and Rushenden Masterplan Proposed Supplementary Planning Document
4.69 The proposals include new residential, employment, community and a marina linked together by open landscape/ecological corridors and open spaces. Most of the new development will be centred on brownfield land that occupies an area once used for heavy industry. Some early modelling has indicated the likely increases in boat movements within the estuary however the current status of the masterplan is that it is still a flexible design with further design modifications still to be undertaken and the decision to pursue a marina option has not yet been taken.
Relevant Impacts:
4.70 Potential increased human disturbance through increased boat movements into the existing creek and the proposed marina – this would be of greatest relevance during the autumn, winter and early spring periods where the estuary is used by the greatest number of birds.
Assessment:
4.72 Only outline assessments have been made to date on the relative impacts of the masterplan and it is difficult therefore, to assess with any degree of accuracy the impact of the masterplan as a whole. Certainly the residential, employment and community elements would not affect the Spa/Ramsar directly as these would be developed on previously developed brownfield land and the associated landscape open spaces would provide a positive contribution to the immediate environment. Also careful attention at the detailed design stage would be paid to ensure that there would be no public access to the marshes. The nature and scale of the marina has yet to be developed and therefore it is difficult to adequately assess its impact on the SPA/Ramsar although it is likely that some impact will arise from the increase in boat traffic within the Estuary. At the appropriate stage detailed modelling of the marina and its potential effects will have to be undertaken to inform the design process and prior to the adoption of any masterplan or planning permission being granted for any development.
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Grain Liquid natural Gas Importation and Storage Facility
4.73 The proposals are for demolition of Jetty 8, construction of a new jetty approach and head, construction of LNG storage tanks and a nitrogen facility and a short above ground section of LNG pipeline.
Relevant Impacts:
4.74 Potential disturbance during the demolition and construction of Jetty 8 of the SPA/Ramsar bird species within the Medway Estuary and marshes SPA/Ramsar Site. No physical impact on the Spa itself.
Assessment
4.75 The Environmental Statement states that appropriate mitigation measures will be implemented during construction and that the development will not have an adverse impact on the integrity of the SPA. A Strategic Ecological Plan is to be implemented during the operation developed in consultation with Natural England. The Environmental Statement concluded that development would not have an adverse impact on the integrity of the SPA.
Construction of two advanced supercritical (ASC) coal-fired generating units (demolition of Kingsnorth power station)
4.76 The proposals are for the construction of two 800 MW generating units, each including a supercritical boiler and steam turbine, housed in separate buildings, a desalination plant and two 50MW oil-fired gas turbines
Relevant Impacts:
4.77 Potential disturbance during the construction period on the SPA/Ramsar and bird species within the Medway Estuary and Marshes SPA/Ramsar Site. No physical impact on the Spa itself.
Assessment
4.78 The site is immediately adjacent to the Medway Estuary and Marshes SPA/Ramsar site but does not include land within it. Impacts to the SPA/Ramsar site are mentioned in the Environmental Statement but the wintering bird data was not yet available to carry out a full assessment of impacts on designated sites. The Environmental Statement did conclude however that the proposal was unlikely to adversely affect the surrounding
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area. We understand that a report to inform an appropriate assessment is being prepared by the applicants.
Construction of three additional Liquid Natural Gas (LNG) storage tanks.
4.79 The proposals are for the construction of three additional Liquid Natural Gas (LNG) storage tanks and ancillary works including pipe racks, pumps, security fencing and lighting, internal site access roads and the erection of a temporary concrete batching facility.
Relevant Impacts:
4.80 Potential disturbance during the construction period on the SPA/Ramsar and bird species within the SPA/Ramsar; Lighting impacts on the SPA/Ramsar;Loss of habitat used by SPA/Ramsar species. No physical impact on the Spa itself.
4.81 Assessment
No further information is available.
Isle of Grain Proposed Wind Farm
4.82 The proposals are for the construction of a wind farm at the BP Oil Fuel Terminal, comprising ten turbines, a meteorological mast and a 33kV switch room.
Relevant Impacts:
4.83 Potential disturbance during the construction period on the Medway Estuary and Marshes SPA/Ramsar site. The main habitat to be affected during construction is predominantly semi- improved neutral grassland with smaller areas of marshy grassland and short sections of dry ditches. In addition, SPA/Ramsar bird species would be temporarily affected.
Assessment
4.84 The Environmental Assessment identified that although information on disturbance impacts on intertidal waders is limited, studies have suggested that waders habituate quickly to disturbance stimuli provided they are regular, predictable and not accompanied by the presence of humans. Due to this and the relatively low numbers of SPA birds in the area near to the turbines it has been concluded that the overall impacts to the birds was negligible to minor adverse. One year monitoring programme, developed with Natural England is to be implemented post construction. With regard to habitat loss, mitigation will be undertaken to ensure that there is no net loss.
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Damhead Creek II
4.85 The proposals are for the expansion of Combined Cycle Gas Turbine power station at Damhead Creek. Proposal would burn natural gas delivered to the site through existing pipeline.
Relevant Impacts:
4.86 Potential disturbance during the construction period on the SPA/Ramsar and bird species within the Medway Estuary and marshes SPA/Ramsar Site; potential loss of habitat used by SPA/Ramsar species
4.87 Assessment
Limited information is available at this stage, no reference has been made in the scoping report relevant to the Medway Estuary and Marshes SPA/Ramsar site or potential impacts that may or may not occur as a result of the proposals.
Swale Gateway, Ridham
4.88 Outline permission has been granted for light industrial development at locations north of Kemsley. Reserved matters have been approved for a significant area of the site known as G Park, Sittingbourne.
Relevant Impacts:
4.89 The site adjoins The Swale SPA/Ramsar site. The sire was assessed and was deemed to be of low nature conservation value. Potential disturbance during the construction period however could occur for some SPA/Ramsar bird species. Other impacts relate to potential lighting impacts and increased human disturbance on the SPA/Ramsar.
Assessment
4.90 All sites are adjacent to the Swale SPA/Ramsar. Natural England has accepted the principle of employment development and has reviewed the precautionary and advanced mitigation measures to ensure that the long-term interests of protected species are taken into account. Development Guidelines have been prepared as a condition of the Outline Planning Permission including a Nature Conservation and Landscape Strategy. These include a buffer and new ditches between the SPA/Ramsar/SSSI and any new development of between 50m and 100m in depth which would be maintained and enhanced
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as part of a Section 106 Agreement, for nature conservation to compensate for the loss of habitat inter alia within the G. Park Site with no development within the buffer area. No impact assessment was available. The site would be developed as a number of discrete projects over an extended period of time.
Iwade
4.91 An area has been proposed for residential development in close proximity to the Medway Estuary and Marshes SPA. No further information is available
Relevant Impacts:
4.92 Disturbance during the construction period on SPA/Ramsar bird species. In addition, lighting impacts and increased human disturbance on the SPA/Ramsar.
Assessment
4.93 No further information is available regarding the habitats present within the proposed site boundary or potential impacts through development. The site however is close to, but at some distance from immediately the SPA/Ramsar designated sites and all the relevant impacts listed above could occur.
In Combination Assessment
4.94 The in-combination assessment should consider the likely timings of the proposals in terms of cumulative disturbance impacts at different locations around the designated sites. In addition, cumulative impacts on SPA/Ramsar species throughout the individual proposals need to be considered to assess the overall impact on the features for which the sites are designated.
4.95 Obviously with different proposals all at different stages within the planning process it is difficult to fully ascertain the levels of potential impacts where information is not currently available. However, based on the wide array of where the developments are geographically and within the planning process; and the fact that it is unlikely that they would occur at the same time, impacts on both SPA/Ramsar sites are considered to be negligible.
4.96 The remaining impacts would therefore be the cumulative effect of development on SPA/Ramsar species due either to indirect impacts on the SPA/Ramsar sites (lighting, noise access) or loss of habitat used by SPA/Ramsar species but not included within the designation. Mitigation measures in the form of design, replacement land and enhancement of existing habitats are
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however prescribed to offset these impacts for all the developments that have been assessed and for those where impacts are unknown at this time, good and best practice would surely be followed to reduce and mitigate impacts so that overall the operational effects on the SPAs would be negligible.
4.97 Cumulative impacts would also include the increased encroachment of urban environments on the two SPA/Ramsar sites. As studies have suggested that waders habituate quickly to disturbance stimuli provided they are regular, predictable and not accompanied by the presence of humans, it is likely that the combined impacts from the power station proposals would not be significant but the increased human impacts in the areas of residential and industrial developments may in combination have a negative impact if not offset/mitigated. Research into the development proposals would suggest that this impact has been considered and offset by mitigation. It should also be noted, that none of these schemes appear to have raised ecological impacts that are either so significant or for which, appropriate mitigation measures are not being proposed and put in the place. With the exception of the London Array onshore works (and it should be noted that the Appropriate Assessment for that project found a neutral impact on the integrity of The Swale SPA), none of these schemes has been referred to the Secretary of State for approval notwithstanding any outstanding adverse Impact on the Integrity of the SPA/Ramsar sites There is no evidence therefore of any likely cumulative adverse Impact arising from other projects in the area.
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5.0 Conclusions on the impact on integrity of the Medway Marshes Estuary SPA/Ramsar and Swale SPA/Ramsar Sites
5.1 Taking into account the extensive mitigation measures proposed, and adopting a precautionary approach to the assessment, the Neatscourt Phase 1 and Rushenden Link Road applications are considered to have a NEUTRAL effect on the overall integrity of the nearby SPA/Ramsar sites. This conclusion is based upon the following:
Context for the Neatscourt Phase 1 and Rushenden Relief Road
5.3 The application sites and parts of the adjoining SPA/Ramsars sites are already the subject of noise, visual and light pollution from existing urban development in the immediate vicinity, in particular the recently completed A249, existing recreation uses, the adjoining Port car storage compound, the railway, and the adjoining urban areas. This is relevant because whilst the proposed development has its own impacts, it also serves in some instances to mitigate against existing sources of disturbance in the area. It is therefore relevant to look at the net effect of the development, and the potential for enhancement compared to the existing baseline conditions.
5.4 A number of mitigation measures have been proposed including:
The mitigation measures in the form of enhancement measures within the SPA prior to the commencement of development to ensure that the enhanced land is available for use prior to any loss of the non SPA grazing marsh, to ensure that any short-term impact is mitigated to help support and sustain the conservation objectives of the SPA. Replacement of the non-SPA grazing marsh lost to the development itself by the provision of an equivalent area of grazing marsh adjacent to the SPA elsewhere; Orientation and design of built development both to reduce the impact of human activity and disturbance on the adjoining SPA/Ramsar sites, and to provide a buffer to existing noise and disturbance from the A249; Provision of bunding to the southern boundary of the site to minimise disturbance from on-going operations on the new development, and to reduce the impact of disturbance during construction; Replacement of water-courses lost as a result of the development with double the length of new water-courses, including translocation of plants and sediment to assist in populating the new water-course network, and with the
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benefit of a maintenance/management programme to control water quality (in contrast to the existing situation); Erection of fencing to control access and reduce disturbance to the adjoining SPA/Ramsar sites; Careful design of lighting to minimise impact on the adjoining SPA/Ramsar sites, and including no night time working during the construction phases; A Construction Method Statement to be provided to assess and manage risks during the construction stage, to ensure best practice followed; An Ecological Construction Management and Monitoring Plan to be implemented, and which would include a Watching Brief during the construction period with a suitably experienced Project Ecologist to advise and supervise works which may affect ecological interests; A long-term (10 years minimum, post construction) Site Management and Monitoring Plan to be provided to ensure favourable continuity of the above mitigation measures.
Impact Assessment and effect on integrity
5.5 In terms of the SPA and the impact on birds, three adverse impacts are identified, being:
1. The loss of an area of existing non-SPA grazing marsh (estimated to be 13.2 ha), that has a role in supporting populations of species of the same type as are found within and for which the adjacent SPA is noted. Although this land is not within the SPAs, its removal from grazing marsh use could have an adverse impact on the populations supported on the adjoining SPA via a reduction in the overall extent of habitat available for SPA birds to use. [However it is considered that if this area of land was critical to the integrity of the SPA then it would have been designated. This suggests that its loss will not have a significant adverse impact on the integrity of the much larger SPA.] Mitigation for this possible effect is covered by the provision of 13.2ha of replacement grazing marsh in other locations adjacent to the SPAs and the enhancement of a minimum of 14 ha of land within the SPA thereby ensuring that there is no net loss in the amount of land available for use by the SPA bird population prior to the commencement of development and consequently no impact on integrity of the SPAs.
2. Increased activity on land adjacent to the SPAs via the encroachment of built development and associated use on the land adjacent to the SPAs, thereby leading to less favourable conditions for birds. The context for the site is that the SPA land is already subject to some disturbance from existing urban and infrastructure uses, in particular
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the A249. The built development will assist in ‘shadowing’ some of the noise and visual impact of these uses and also provide a beneficial impact in reducing noise on SPA land adjoining the development site. At the same time, however, it will introduce activity of its own. A range of Mitigation measures are provided, including the design (orientation, zoning of noisy activities etc) of the site to reduce activity at the southern side, the provision of a substantial bund to create a false horizon for birds using the SPA grazing marsh, proposed restrictions on access and disturbance during construction and post construction phases, and strict control of lighting, all of which are achievable in the outline applications by the use of appropriate planning conditions. Subsequently in relation to this potential significant effect it can be concluded that the proposals will not have significant adverse impacts on the integrity of the SPA.
3. Potential temporary disturbance during construction of the Relief Road of land north of the Link Road in the vicinity of the existing saline lagoon. Activity in this location by SPA recognised species is limited to 1 species (Redshank) at a low level of activity. Although the footpath, cycleway and footbridge have been removed from the planning application there is still potential for temporary adverse effects to occur during the construction phase. Post construction negligible impact would occur due to the visual and acoustic screening of the road on embankment in the vicinity of the lagoon. The lagoon area is already in close proximity to urban development and active recreation uses. Mitigation is provided for any marginal localised effect by the enhancement of land within the existing SPAs as described above.
5.6 The overall impact is therefore:
No loss of habitat either within or adjacent to the SPAs (by provision of replacement land); and Enhancement of a minimum of 14 ha of land in within the SPAs prior to the commencement of development to increase the ability of the SPAs to support bird populations, to mitigate for the marginal remaining adverse impacts on bird habitat (before on-site mitigation and management measures have been implemented) of increased disturbance on the SPAs by activity on the application sites; and To adhere to the general Conservation Objectives for the Medway Estuary and Marshes SPA and The Swale SPA.
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5.7 Potentially therefore the overall effect will be beneficial to the integrity of the SPAs by not only maintaining the overall extent of habitat but by enhancement works within the designated areas.
5.8 In terms of the impacts on flora and invertebrates, the proposed developments similarly involve no loss of land or habitat from within the Ramsar sites. However, three potential adverse impacts have been identified, which are:
a. Loss of 13.2 ha of grazing marsh on non-Ramsar land (i.e. on the application sites) which may support species for which the Ramsar is noted. Mitigation for this is provided by the replacement of 13.2 ha of grazing marsh elsewhere adjacent to the Ramsar sites;
b. Loss of the network of water-courses on the non-Ramsar land (the application sites) which feed into the network of water-courses on the Ramsar sites. Mitigation for this effect is covered by the provision of a replacement network of water-courses within the applications sites on a two for one basis, and with translocation of sediment and flora from the existing to the new water-courses, coupled with a long-term Management Plan;
c. Possible adverse effects on water-quality arising from activities within the application areas, and transferring into the adjoining Ramsar sites. Potential for such adverse effects exist already, from the A249 and from other activities in the local area. The network of water-courses to be re-provided have been designed to minimise and localise the likelihood of adverse effects, thereby creating in effect a better network of water-courses than exist at present. Moreover, the proposed development will introduce positive management obligations to help to further minimise the risk of an adverse effect on water quality.
5.9 Overall, therefore, there will be no loss of water-courses in the area capable of sustaining flora and invertebrates, and, notwithstanding the facts that it will take time for colonisation to occur and some new water-course network will be in closer proximity to built development, there will be a longer length of water-courses overall. Although there will be more human activity in close proximity to the new water-course network, the extra length of the network provides more opportunity for adverse water quality to be ‘filtered out’ prior to it entering the adjoining Ramsar area. Moreover, unlike the existing situation, a programme of management will be introduced as part of the overall Site Management and Monitoring Plan. There is therefore the potential for enhancement compared to the existing situation, but again adopting a cautious approach.
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Cumulative Effects
5.10 This overall impact on biodiversity for Neatscourt Phase 1 and Rushenden Link Road planning applications and other known developments within the SPA/Ramsar sites has been assessed. This also includes the emerging Masterplan for Queenborough and Rushenden although proposals are still at an early stage. Agreement has however, already been reached that a separate Appropriate Assessment for the wider Masterplan will be undertaken before that project is considered further by Swale Borough Council. This will provide an appropriate vehicle for any effects to be considered. With regard to other infrastructure projects in the wider area, all propose appropriate mitigation measures which have or are being discussed prepared in consultation with Natural England to offset any negative impacts thereby maintaining the integrity of the SPAs. All the evidence suggests therefore, that there will be no in-combination of cumulative impact on the integrity of the SPAs.
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