Appropriate Assessment East Riding of Yorkshire Council
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East Riding of Yorkshire Local Plan Allocations Document Habitat Regulations Assessment Stage 2- Appropriate Assessment East Riding of Yorkshire Council January 2014 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment Notice This report was produced by Atkins Limited for East Riding Council in response to their particular instructions. This report may not be used by any person other than East Riding Council without East Riding Council’s express permission. In any event, Atkins accepts no liability for any costs, liabilities or losses arising as a result of the use of or reliance upon the contents of this report by any person other than East Riding County Council. No information provided in this report can be considered to be legal advice. This document has 39 pages including the cover. Document history Job number: 5044788 Document ref: Client signoff Client East Riding of Yorkshire Council Project East Riding Proposed Submission Allocation Plan Document title Habitat Regulations Assessment Stage 2- Appropriate Assessment Job no. 5044788 Copy no. Document Habitat Regulations Assessment Stage 2- Appropriate Assessment reference Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment Table of contents Chapter Pages 1. Introduction and Background 1 1.1. Background to this Assessment 1 1.2. Previous HRA Work 2 1.3. Background to the HRA Process Error! Bookmark not defined. 1.4. Structure of this Report 4 2. Methodology 5 2.1. Stage 1 Habitat Regulations Assessment - Screening 5 2.2. Stage 2: Appropriate Assessment 6 3. The International Sites 8 4. Stage 2 – Appropriate Assessment 14 4.1. Summary of the Results of Stage 1 – Screening 14 4.2. Allocation Site HAV-A (205ha) 14 4.3. Assessment of Adverse Impact Upon Integrity 24 5. Mitigation 26 5.1. Hedon (Newton Garth) 27 5.2. Hedon Haven 28 6. Assessment of In Combination Effects 30 7. Conclusions 35 Tables Table 1: Information about the Humber Estuary SAC 8 Table 2: Information about the Humber Estuary SPA 9 Table 3: Information about the Humber Estuary Ramsar Site 11 Table 4: Conservation Objectives for the Humber Estuary SAC, SPA and Ramsar Site 13 Table 5: LDO Site Wintering Bird Survey Summary of Results 18 Table 6: Wider Hedon Haven Site Wintering Bird Survey Summary of Results 19 Table 7: HRAs Undertaken for Other Policies and Plans Included in this Appropriate Assessment 29 Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment 1. Introduction and Background 1.1. Background to this Assessment This Habitats Regulations Assessment (HRA) Stage 2: Appropriate Assessment has been carried out by Atkins Limited (Atkins) on behalf of East Riding of Yorkshire Council for the Local Plan Allocations Document. The Local Plan Allocations Documentis hereafter referred to as ‘the Plan’. The Plan covers the whole county of East Riding and is a document that allocates sufficient sites, alongside existing commitments, to meet the development needs of the East Riding identified in the Strategy Document to 2029. It is essential that East Riding of Yorkshire Council can provide enough homes and employment land to enable the local economy to grow and ensure people have access to homes that meet their needs. The purpose of the plan is to highlight where development sites are available, whilst also protecting East Riding's natural environment. The Plan puts forward the Council’s preferred locations for new housing and employment sites. The Plan is a site specific proposal document, based on the framework set by East Riding of Yorkshire Council. None of the proposals within the Plan are directly connected with, or necessary to, the nature conservation management of the international sites (described in Sections 2 and 3). The Plan includes identification of sites for the allocation of housing and employment sites (a total of 215 allocation sites). 1.2. Background to the HRA Process An HRA is required by the Conservation of Habitats and Species Regulations 2010 (the Habitats Regulations), for all plans and projects. Stage 1 of the HRA process is a screening stage which seeks to determine whether the plan or project might have a likely significant effect on a European site (either alone or in combination with other plans or projects). If a plan or project might have a likely significant effect (LSE) then a Stage 2 ‘appropriate assessment’ is required, except in cases where the plan or project is directly connected with or necessary to the management of the European site. The appropriate assessment determines whether the plan or project would have an adverse effect upon the integrity of the European site. European sites include Special Areas of Conservation (SAC) and Special Protection Areas (SPA). HRA is also required, as a matter of UK Government policy, for potential SPAs (pSPA), candidate SACs (cSAC) and listed Wetlands of International Importance (Ramsar sites) for the purposes of considering plans and projects, which may affect them1. Hereafter all of the above designated nature conservation sites are referred to as ‘international sites’. An appropriate assessment (Stage 2 of the HRA process) is required if it is determined during the Stage 1 Screening assessment, that the project or plan will not have a likely significant effect on an international site. None of the proposals within the Plan are directly connected with, or necessary to, the nature conservation management of the international sites. The stages of HRA process are: Stage 1 – Screening: To test whether a plan or project either alone or in combination with other plans and projects is likely to have a significant effect on an international site. If it cannot be concluded that there will be no likely significant effect on any international site, Stage 2 is needed; Stage 2 – Appropriate Assessment: To determine whether, in view of an international site’s conservation objectives, the plan (either alone or in combination with other projects and plans) would have an adverse effect (or risk of this) on the integrity of the site with respect to the site structure, function and conservation objectives. If adverse effects are anticipated, potential mitigation measures to alleviate impacts should be proposed and assessed; 1 Department for Communities and Local Government (2012). National Planning Policy Framework. Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 1 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment Stage 3 – Assessment of alternative solutions: Where a plan is assessed as having an adverse effect (or risk of this) on the integrity of an international site, there should be an examination of alternatives (e.g. alternative locations and designs of development); and Stage 4 – Assessment where no alternative solutions remain and where adverse effects remain: In exceptional circumstance (e.g. where there are imperative reasons of overriding public interest), compensatory measures to be put in place to offset negative impacts. This report comprises the Stage 2 Appropriate Assessment of the HAV-A allocation site which was identified at Stage 1 as having a likely significant effect on the Humber Esturary SAC, SPA and Ramsar site. 1.3. Previous HRA Work Atkins completed a Stage 1 (Screening) assessment of the Draft Allocations Plan in February 20132. This report was revised following comments from Natural England in April 20133. The Draft Allocations Document, through Policy HAV1/2 proposed the development of the whole 240 ha of the site at Hedon Haven without any mitigation within the site. This assessment therefore starts by reassessing that proposal which formed part of the Draft Plan. This approach has been taken to enable the HRA to inform the development of the plan and record and justify any changes made to the plan as a result of this iterative HRA process. This approach has been followed with regard to advice from Natural England. The revised Stage 1 Screening assessment identified that the allocation of this site needed to be considered for Stage 2 assessment due to the likely significant effects on the Humber Estuary SPA and Ramsar site. The revised Stage 1 Screening assessment also identified that two other allocations, namely ECB-C at Elloughton-cum-Brough and HES-H at Hessle, needed to be considered for Stage 2 assessment, due to the likely significant effects on the Humber Estuary SPA, SAC and Ramsar site determined through previous HRAs undertaken for proposals on these sites. 1.3.1. Draft Policy HAV1/2 - Hedon Haven (240 ha) Draft Policy HAV1/2 - Hedon Haven (240ha) This site is allocated to cater for the expansion of the Port of Hull. Proposals will be required to; a. Ensure that they have no adverse impact on the integrity of the Humber Estuary Special Protection Area and Special Area of Conservation and, if necessary, provide appropriate mitigation measures; b. Mitigate their impact on the road network, incorporating a direct road link to Alexandra Dock and the provision of a Park and Ride facility in the northern part of the site or other such measures as are necessary; c. Maintain the visibility that significant historic features within the landscape have of each other; d. Provide a landscaped buffer to all external site boundaries, which incorporates landscape enhancement measures appropriate to the surrounding landscape character; e. Maintain clear separation between the proposed development and the settlements of Paull and Hedon; f. Incorporate or divert the existing public Right of Way that runs along the waterfront and across the eastern part of the site; and g. Incorporate regional sustainable drainage systems potentially including significant regional detention systems and/or permanent pumping capacity or other such measures as are necessary.