South West River Basin District Flood Risk Management Plan 2015 to 2021 Habitats Regulation Assessment

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South West river basin district Flood Risk Management Plan 2015 to 2021 Habitats Regulation Assessment

March 2016

Executive summary

The Flood Risk Management Plan (FRMP) for the South West River Basin District (RBD) provides an overview of the range of flood risks from different sources across the 9 catchments of the RBD. The RBD catchments are defined in the River Basin Management Plan (RBMP) and based on the natural configuration of bodies of water (rivers, estuaries, lakes etc.).

The FRMP provides a range of objectives and programmes of measures identified to address risks from all flood sources. These are drawn from the many risk management authority plans already in place but also include a range of further strategic developments for the FRMP ‘cycle’ period of 2015 to 2021. The total numbers of measures for the South West RBD FRMP are reported under the following types of flood management action:

Types of flood management measures % of RBD measures Prevention – e.g. land use policy, relocating people at risk etc. 21 % Protection – e.g. various forms of asset or property-based protection 54% Preparedness – e.g. awareness raising, forecasting and warnings 21% Recovery and review – e.g. the ‘after care’ from flood events 1% Other – any actions not able to be categorised yet 3%

The purpose of the HRA is to report on the likely effects of the FRMP on the network of sites that are internationally designated for nature conservation (European sites), and the HRA has been carried out at the level of detail of the plan. Many measures do not have any expected physical effects on the ground, and have been screened out of consideration including most of the measures under the categories of Prevention, Preparedness, Recovery and Review. Others that may have effects but are in catchments that do not have any designated European sites have also been screened out of consideration.

Risk Management Authorities (RMAs) have for a long time been addressing the range of flood risks through a range of plans and actions. Much of the South West RBD FRMP presents measures that are ongoing from existing plans, which have already been subject to HRA. RMAs have considered the effects of these existing plan measures on European sites in published HRAs where required. These measures, their effects and agreed actions to mitigate the effects have been summarised under relevant RBD catchments within this report. Where RMAs have identified new flood risk management priorities for the next FRMP cycle period between 2015 and 2021, then the measures to implement these have been considered alongside existing plan measures in this HRA.

The following table summarises the numbers of measures that the HRA has considered:

FRMP RMA plans Screened out Measures from New cycle 1 measures existing plans measures1 South West RBD catchments 350 (44%) 268 (34%) 178 (22%)

1 Measures across several catchments are counted up for each catchment for HRA purposes which may be a different figure than reported in the FRMP.

The HRA has been carried out for the set of measures for each RBD catchment that address main river, sea and reservoir flooding alongside any measures volunteered by RMAs that address local flooding and thus form a ‘RBD plan’ within the FRMP. There are no Flood Risk Areas in the SW RBD that required separate consideration in the HRA. The findings are a summary of the risks to European sites and an indication of the need for future HRAs at a project level when developing local actions, as well as considering how to avoid and mitigate any residual risks to European sites. For the South West RBD FRMP, the main conclusions from the stages of assessment are as follows:

A determination was made to screen out measures that would not have physical effects on any European sites.

The effects of the measures from existing plans include effects of measures to address coastal flooding from SMPs, measures to address main river flooding from CFMPs and measures to address local flooding from local strategies. Existing controls and mitigation from these plans include: for SMPs, development of coastal strategies, accompanied by more detailed HRAs for relevant SMP Policy Areas, and for CFMPs and Local Strategies more detailed appraisal and assessment on plans or projects arising out of the plans to demonstrate meeting the requirements of the Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations).

The effects of the measures that are for new flood risk management priorities for the next FRMP cycle period of 2015 to 2021 have been considered within this strategic-plan level HRA as far as they can be assessed at this high level. This HRA considered the range of mitigation options that may be applicable. It is concluded that the measures are expected to be able to be avoided or mitigated as part of their development as local actions, and all measures have been identified as capable of being fully mitigated. It can therefore be concluded that at the plan level there is sufficient scope for ensuring no likely significant effects during its implementation. The detail of the controls and mitigation required will be assessed as part of requirements to meet consents under planning and other consenting mechanisms as part of a project level HRA, some of which may need to proceed to appropriate assessment in order to gather the necessary level of detail.

The HRA considers the potential for in-combination effects with other plans and projects. Given the level of information currently available, the assessment has identified the plans where the greatest risk of in-combination effects occur, but a detailed assessment can only be undertaken at the project level when details of location and design of measures are known. Key external plans to consider for in-combination effects are:

 Local Plans – plans of local planning authorities to determine consent for proposed developments including FCRM ‘Protection’ types of development and which require HRA for developments affecting European Sites  Water Resource Management Plans – plans to manage the supply of water to communities by Water Companies.  River Basin Management Plans – plans that seek to ensure the objectives of water dependent European Sites are maintained.

 Marine Plans – plans to manage the sustainable use of marine resources for inshore areas.

This HRA does not remove the need for HRA at a subsequent level, i.e. lower tier strategies, plans or projects that implement measures. This plan-level HRA does not give any weight to subsequent lower-tier plans or projects and their HRA outcomes.

As local actions are developed at a project level and the details of their scope and scale are known, this may identify additional effects on European sites that have not been assessed here, or were not appropriate to consider at this spatial scale of plan.

CONTENTS

1 Introduction ...... 6 1.1 Introducing this report ...... 6 1.2 Background to the FRMPs ...... 7 1.3 The South West RBD FRMP ...... 7 1.4 Background to Habitats Regulations Assessment ...... 9 2 European sites in the South West RBD ...... 11 2.1 European sites that could be affected by the FRMP...... 13 2.2 European sites and their status for FRMPs ...... 13 2.3 European sites and their management ...... 15 3 Approach to the HRA ...... 16 3.1 Description of the FRMP programmes of measures ...... 16 3.2 Screening and Likely Significant Effects ...... 16 3.3 Screening out catchments where no European sites are present ...... 17 3.4 Screening out measures that would not have physical effects ...... 17 3.5 Considering measures from existing plans ...... 18 3.6 Considering new measures for FRMP cycle 1 ...... 19 3.7 Considering the need for further stages of assessment ...... 19 4 South West River Basin District Catchments HRA ...... 20 4.1 Summary of Measures ...... 20 4.2 Screening and Likely Significant Effects ...... 22 4.3 Consideration of results and conclusion ...... 66 5 In combination effects with other plans and projects ...... 70 5.1 In-combination effects between RBD FRMPs ...... 70 5.2 In-combination effects with external plans ...... 71 6 Conclusion and Future HRAs ...... 73 Annex A Table A1 – HRA screening table for the FRMP measure categories

Table A2 – Management catchments and European sites in the South West RBD

Table A3 – Mitigation and control measures Annex B South West RBD European sites

1 Introduction

1.1 Introducing this report This report sets out the results of a strategic- plan level Habitat Regulations Assessment (HRA) into the likely significant effects on designated ‘European sites’ of the Flood Risk Management Plan (FRMP) for the South West River Basin District, published in December 2015. The HRA report has been prepared by the Environment Agency on behalf of the collective Risk Management Authorities (RMAs) that have responsibilities for information being published within the FRMP, and are thus the ‘competent authorities’ for the HRA of their respective published information, as follows:

 Information on flooding from main river, sea and reservoirs being published for the catchments of the river basin district (RBD) are the responsibility of the Environment Agency (for English catchments).

 Information on flooding from local sources being published for any Flood Risk Area (FRA) is the collective responsibility of Lead Local Flood Authorities within the FRA.

In preparing the HRA report the Environment Agency has consulted with Natural England (for English catchments) and Natural Resources Wales (for Welsh catchments). The Lead Local Flood Authorities in Flood Risk Areas are ‘competent authorities’ for HRA of their FRMP information and have agreed that this report will meet their HRA requirements.

FRMPs are new strategic plans for implementing the Flood Risk Regulations 2009 and the existing National Flood and Coastal Erosion Risk Management (FCERM) Strategy for England. They have been developed for River Basin Districts (RBDs) and Floods Risk Areas (FRAs) and draw together information from a range of existing strategies and plans that are in place and continue to be maintained by Risk Management Authorities. The HRA has been carried out at the level of detail published in the FRMP and takes into account HRAs that have already been undertaken for measures in existing plans, and at the level of detail provided by these existing plans. Whilst a HRA at this strategic level cannot obtain the level of detail necessary for in-depth assessment, the HRA summarises the likely risks and potential need for controls and mitigation and the range of generic mitigation options available, which will then proceed through further consideration once measures are developed as specific local actions. In this way, this high- level HRA will be helpful for future HRAs that consider the effects on European sites at a project level.

The report describes each of the main stages and results of the FRMP HRA as follows:

 Describing the network of European sites within the RBD (chapter 2)  The approach to the HRA (chapter 3)  Screening and assessing likely significant effects (chapter 4)  Appropriate assessment, alternative solutions and imperative reasons of overriding public interest (IROPI) (chapter 4)  Conclusion and future HRAs (chapter 6)

1.2 Background to the FRMPs Flood risk management plans (FRMPs) highlight the hazards and risks from rivers, the sea, surface water, groundwater and reservoirs and set out how risk management authorities, such as the Environment Agency and local authorities, will manage flood risk. They are required by the European Union Floods Directive and the Flood Risk Regulations 2009. The FRMPs must be reviewed and reissued every six years to describe progress.

The Environment Agency is required to prepare FRMPs for all of England covering flooding from main rivers, the sea and reservoirs. Lead Local Flood Authorities (county councils and unitary authorities) must prepare flood risk management plans for flood risk areas (there are ten flood risk areas in England) where the risk of flooding from local sources is significant as identified in Preliminary Flood Risk Assessments.

The 2015-2021 period will be the first cycle of the FRMPs, however RMAs already plan for flooding and a large proportion of the FRMP measures are taken from existing plans that have already been consulted on and published. This includes plans such as Catchment Flood Management Plans (CFMPs) and Shoreline Management Plans (SMPs) as well as Local Flood Risk Management Strategies that have been developed by local authorities. Some further strategic developments have been included for the 2015-2021 first cycle of the FRMP that build on existing plans and seek to address the key objectives of the Flood Risk Regulations 2009, such as: strengthening joint working of RMAs, developing more integrated management of the water environment, and updated priorities from any new understanding of flood risks including the implications of climate change.

1.3 The South West RBD FRMP The South West river basin district (RBD) includes Cornwall, Devon, Dorset and parts of Somerset, Hampshire and Wiltshire. The Isles of Scilly and Lundy Island are also included in the RBD. The RBD is predominantly rural and, with just over 5 million people living and working in it, the area has the lowest population density of any English region. The principal urban centres include Exeter, Plymouth, Torquay, Bournemouth and Poole. Tourism and recreation makes a significant contribution to the economy of the South West and many of its tourist destinations and activities are water related as, for example, associated with the area’s beaches, harbours, estuaries and rivers such as the Avon, Camel and Axe. The South West RBD is made up of 9 management catchments (see map in Figure 1 below).

The FRMP describes the scale of flood risk in the South West RBD. As a general summary the RBD is susceptible to: rapid onset flooding in small steep sided impermeable catchments; tide locking in lowland areas where water drains very slowly; delayed flooding in chalk catchments; and coastal flooding. Flood risk is extremely diverse and the management of flood risk is appropriate at a catchment level, for example:

 The Devon and Cornwall peninsula is where weather systems from the Atlantic Ocean first land and impact England. Small steep sided catchments respond quickly to rainfall. While numbers of properties at risk may be relatively low compared with other areas of the country, risk to life and community disruption from flooding is significant.  The uplands in Somerset generate quick run-off from short intense rainfall, but the lowland areas are very flat. Rainfall run-off travels quickly from the uplands, but pools in

the lowlands. Large areas are below sea level and tide locking is a particular feature of the Somerset Levels and Moors where water drains very slowly.  Watercourses in the Hampshire Avon receive significant flows from chalk aquifers. At the catchment scale these rivers react slowly to rainfall. Long periods of very wet weather result in long periods of flooding.  For Cornwall, Scilly, Poole and Christchurch Bays, numbers of property at tidal flood risk is set to increase threefold by 2105. Tidal flood risk will be the dominant flood risk in the region.  There are at least 8 locations where numbers of property within the tidal flood risk zone will increase by more than 1,000 properties by 2105. A further 9 communities will see dramatic increases at a community level in the number of properties at tidal flood risk.  Climate change may lead to increasingly uncertain weather patterns with potential for increased rainstorm intensities. Rising sea levels and potentially stormier conditions increase flood risk and pressure on coastal defences. Wave and wind action may increase flood risks to life and property, especially in the west of the region.  Communities will need to adapt to address both flood and erosion risk.

Figure 1 South West RBD catchments

The South West RBD FRMP sets out the objectives and measures that have been drawn by risk management authorities from existing plans or newly developed for the FRMP cycle period of 2015-2021. Existing measures in the South West RBD FRMP are derived from the following source plans:

 Shoreline Management Plans (SMPs)  Catchment Flood Management Plans (CFMPs)  Local Flood Risk Management Strategies (FRMS) developed by LLFAs.

There are no Flood Risk Areas in the South West RBD. The FRMP hence comprises measures within the 9 RBD catchments that the Environment Agency is responsible for as a RMA covering flooding from main rivers, the sea and reservoirs.

1.4 Background to Habitats Regulations Assessment In England and Wales, the Conservation of Habitats and Species Regulations 2010, as amended, commonly termed the Habitats Regulations, implements the European Union Habitats Directive (Directive (92/43/EEC) on the Conservation of natural habitats and of wild flora and fauna, and certain elements of the Wild Birds Directive (2009/147/EC). This legislation provides the legal framework for the protection of habitats and species of European importance in England.

Sites protected under the Habitats Regulations comprise Special Protection Areas (SPA), Special Areas of Conservation (SAC), candidate SACs (cSAC), Sites of Community Importance (SCI) and, as a matter of government policy, to potential Special Protection Areas (pSPA) and Ramsar sites (sites designated under the 1971 Ramsar Convention for their internationally important wetlands). These sites are referred to collectively as in this report as ‘European sites’.

Regulation 9(3) of the Habitats Regulations requires that a ‘competent authority’ must consider the requirements of Habitats Directive in exercising any of its functions. Article 6(3) of the Habitats Directive defines the requirements for assessment of plans and projects potentially affecting European sites. This requires that a competent authority, before deciding to undertake, or give any consent or authorisation for a plan or project which is likely to have a significant effect on a European site, and is not directly connected with or necessary to the management of that site, must carry out an appropriate assessment. The term commonly referred to for the assessment process is ‘Habitats Regulations Assessment’.

The South West FRMP is considered to fit within the definitions of a ‘plan’ as defined by the Habitats Directive, and requires a Habitats Regulations Assessment (HRA). The FRMP is a high-level planning document for the South West River Basin District (RBD) (see map in Figure 1), therefore potential impacts of the plan on European sites across the RBD are difficult to determine. Given the geographic scale and nature of the plan, the HRA has been tailored to be appropriate for the spatial area of coverage and the strategic nature of the plan.

The Habitats Regulations Assessment has followed a framework of four distinct stages, only moving to the next stage if required by the results of that stage of the assessment. The four stages are:

Stage 1: Screening and Likely Significant Effects is the process which initially identifies the likely impacts upon a European Site of a plan or project, either alone or in combination with other plans or projects, and considers whether these impacts may be significant. This stage also includes the development of mitigation to avoid or reduce any possible effects.

Stage 2: Appropriate Assessment is the detailed consideration of the impact on the integrity of the European Site of the plan or project, either alone or in combination with other plans or projects, with respect to the site’s conservation objectives and its structure and

9 function. This is to determine whether there is objective evidence that adverse effects on the integrity of the site can be excluded. This stage also includes the development of mitigation to avoid or reduce any possible effects.

Stage 3: Assessment of alternative solutions is the process which examines alternative ways of achieving the objectives of the plan or project that would avoid adverse impacts on the integrity of the European Site, should avoidance or mitigation be unable to avoid adverse effects.

Stage 4: Assessment where no alternative solutions exist and where adverse effects remain is made with regard to whether or not the plan or project is necessary for imperative reasons of overriding public interest (IROPI) and, if so, of any required compensatory measures.

2 European sites in the South West RBD

Within the South West RBD there are 58 SACs, 5 Sites of Community Importance (SCI), 14 SPAs in addition to one pSPA and 9 Ramsar sites. Some of the sites have more than one designation such as Chesil Beach and the Fleet, parts of which are designated as SPA, SAC and Ramsar.

Figure 2 - Map of the European sites in the South West River Basin District

The European Sites within the South West RBD encompass a wide diversity of habitat types, with a notable concentration of coastal and marine sites. In addition to freshwater habitats such as rivers, lakes and other wetlands, other frequently occurring habitat types within the RBD are heathlands, woodlands and grasslands.

The 9 Ramsar sites within the RBD are represented by inland and coastal sites in near equal proportion and are also designated as SPAs. Coastal sites include parts of the Severn Estuary as well as Poole Harbour and the Exe Estuary in addition to the Isles of Scilly and the shingle and lagoon habitats and species of Chesil Beach and the Fleet. The qualifying features for these sites include the internationally important assemblages of breeding seabirds associated with the Isles of Scilly and the overwintering and migratory assemblages of wetland birds attracted to the Exe and Severn estuaries. Poole Harbour is the best and largest example of a bar-built estuary in the UK and similarly supports internationally important assemblages of waterfowl including avocet, shelduck and black-tailed godwit. The lagoon characteristics and extensive intertidal mudflats of Poole Harbour also support

11 nationally rare plant and invertebrate species as well as important populations of breeding waterfowl, including common tern and Mediterranean gull.

Inland Ramsar/SPA sites include the Avon Valley and its chalk river system and associated areas of floodplain grassland, as well as the complex of designated sites that comprise the Dorset Heathlands. The Dorset Heathlands comprise extensive, but fragmented areas of wet and dry heathland centred around the estuary of Poole Harbour and adjacent to the urban conurbation of Bournemouth and Poole. The heathland areas support a large assemblage of nationally rare and scarce species, especially invertebrates, as well as important populations of heathland breeding birds such as nightjar, woodlark and Dartford warbler and overwintering birds of prey such as hen harrier. The Somerset Levels and Moors Ramsar/SPA is similarly represented by series of designated sites that cover extensive areas of flood plain drained by a large network of ditches, rhynes, drains and rivers. The site represents the largest area of lowland wet grassland and associated wetland habitat remaining in the UK. The area attracts internationally important numbers and assemblages of overwintering birds, such as Bewick’s swan, lapwing and teal, as well as representing one of the most important sites in southern England for breeding waders together with supporting diverse assemblages of aquatic invertebrates. The South West RBD also includes parts of the extensive site of the New Forest and its intricate mosaic of habitats comprising streams, ponds and other wetland habitats, dry and wet heathlands and grasslands and pasture woodlands. These habitats, in turn, support rare and diverse assemblages of plants and animals, particularly wetland invertebrate fauna and important breeding bird populations such as Dartford warbler, woodlark and the European honey buzzard.

The SPAs within the RBD are equally represented by coastal and inland sites and as highlighted above over half of the sites are also designated Ramsar sites. Additional inland SPA sites that support important populations of overwintering and breeding birds include the grasslands of Salisbury Plain, whilst sites that are of particular importance for their breeding birds include the East Devon Heaths and Porton Down for species such as the Dartford warbler, nightjar and stone curlew. Coastal SPA sites within the RBD range in size from Marazion Marsh in Cornwall with its large expanse of reedbeds supporting important populations of breeding, wintering and migratory birds to the Tamar Estuaries complex which is of importance for overwintering populations of pied avocet and little egret.

Across the RBD there are slightly more inland SACS than coastal sites, although the area also includes 5 SCIs that are of primary importance for their inshore and offshore reef habitats such as the sites at Lizard Point, Studland to Portland and Lyme Bay to Torbay. Some SACs are designated primarily due to the species they support. This includes sites such as Crookhill Brick Pit and Holnest and their populations of great crested newts, the chalkland flora of Fontmell & Melbury Downs and Prescombe Down and the bat populations associated with former quarry sites, such as Beer Quarry and Caves, and woodlands such as Brackett’s Coppice. Former mining sites in the RBD, such as the St Austell Clay Pits, are designated for the important lower plant communities that have developed following the cessation of mining works, whilst the River Camel is primarily designated for its protected fish species and otter population.

Many of the sites with the RBD are designated SACs in respect of their qualifying habitats. In addition to the river SACs of the Avon and the Axe, the RBD is characterised by a wide

12 diversity of coastal habitats. These include designated lengths of coastal cliffs, such as The Lizard, St Albans Head to Durlston Head, Isle of Portland to Studland Cliffs, Sidmouth Bay to West Bay and the Tintagel-Marsland-Clovelly Coast. Other coastal habitats include the estuarine and intertidal habitats associated with sites such as Plymouth Sound and Estuaries and Fal & Helford and the varied dune habitats of sites such as Dawlish Warren, Braunton Burrows, Penhale Dunes and the Dorset Heaths (Purbeck & Wareham) and Studland Dunes. Lundy Island and the Isles of Scilly complex are designated as SACs for their reef habitats, with the Isles of Scilly also designated for its extensive areas of sandbanks and intertidal mudflats and sandflats. Other designated habitats represented in the RBD include heathland, such as Dartmoor and Exmoor, the lowland heaths of Dorset and East Devon, the chalk grasslands of Salisbury Plain and woodlands, such as the West Dorset Alder Woods and Exmoor and Quantock Oakwoods. Sites with associated wetland habitats range from the extensive network of sites comprising the Somerset Levels and Moors to much smaller sites such as Crowdy Marsh on the edge of Bodmin Moor.

Annex B contains a summary of the European sites present within South West RBD. Table A2 in Annex A presents a summary of the European sites present within the management catchments of the South West RBD. In a number of cases European sites cross over the boundary of two or more management catchments, therefore a number of European site names / designations may appear against more than one management catchment.

2.1 European sites that could be affected by the FRMP The South West FRMP is a long term plan for the water environment, which could potentially affect both water dependent and non water-dependent European sites and their qualifying features.

Water dependent European sites are classified as protected areas under the WFD; each protected area European site has specific objectives to ensure their favourable conservation status. Supporting measures within the South West River Basin Management Plan (RBMP) should predominantly be beneficial for the conservation status of water dependent European sites and the South West FRMP seeks to align with the objectives of the South West RBMP wherever possible. Where feasible, FRMP measures that also aim to improve water body status within the South West RBMP / RBD are identified.

It is not possible from the outset to rule out, at the RBD scale, any (water-dependent or non water-dependent) European sites from being affected by the South West FRMP. The HRA (in particular Sections 4.2) reviews the European sites by management catchment, and determines whether any of the measures within the catchments are likely to lead to significant effects on European sites.

2.2 European sites and their status for FRMPs The South West RBMP provides summary information on the current status and baseline for water-dependent European sites as part of its monitoring data.

European sites in England, with the occasional exception, are also designated as SSSIs. Natural England monitors the conditions of SSSIs and their component units using six reportable condition categories: favourable; unfavourable recovering; unfavourable no change; unfavourable declining; part destroyed and destroyed.

The current status of water-dependent European site protected areas for the South West RBD is summarised in table 1 below. This gives the current area of water-dependent SSSI units of European protected areas in different condition categories as currently recorded on Natural England’s designated site data system. SSSI units underpin European protected areas and Natural England only collects data at a SSSI unit level. When SSSI units are in favourable condition, they are deemed to be meeting their conservation objectives.

The table shows that for the South West RBD, 44% of water-dependent SSSI units of European protected area sites are currently not compliant with the condition requirements.

Table 1: Status of water-dependent European sites based on assessment of SSSIs units for the South West RBD (Extract from Natural England databases August 2015)

Condition South West (ha) Favourable 33,792 Destroyed / Part destroyed 34 Unfavourable declining 2,036 Unfavourable no change 2,053 Unfavourable recovering 22,612

Total Area Unfavourable 26,735

% Unfavourable 44

The generic pressures on such sites in the South West region include forestry and woodland management and agricultural practices as, for example, levels of grazing and mowing regimes. These pressures can affect the condition and diversity of habitats present within a site as well as the particular species they support, such as the specialist plants, invertebrates and breeding birds associated with the Dorset Heathlands. Pressures typically linked to river and wetland sites, such as the Camel, Axe and Avon rivers include pollution from discharges, diffuse pollution from agricultural runoff, siltation, abstraction, physical modification, inappropriate weed control and weirs and structures, and invasive species. These pressures can affect qualifying habitats in addition to the diversity of aquatic and wetland plant and animal species, including qualifying fish species such as bullhead, Atlantic salmon and sea and brook Lamprey. Estuary sites, such as Poole Harbour and Plymouth Sound and the Tamar Estuaries Complex, are also subject to pressures from local fishery activities and from coastal squeeze with the potential loss of intertidal habitats and consequent impacts on the breeding and overwintering bird populations they support. Pressures identified for other coastal habitats, such as the sea cliffs of the Lizard and the dune habitats of Penhale, include invasive species and inappropriate coastal management resulting in the loss of the characteristic habitats and species of these areas.

Inappropriate water levels are identified as a pressure for certain sites, such as the Somerset Levels and Moors, because of importance of the area’s characteristic wetland habitats in supporting overwintering and migratory birds. Peat extraction is another identified pressure for this particular site as well as public access and the resulting disturbance to wintering birds. Other pressures associated with public access/disturbance and affecting

14 sites in the RBD include boating and fishing activities along the coastline of the Isles of Scilly and illegal vehicle use in the Exmoor Heaths. More generally, pressures from new and existing development activities are identified as affecting a wide range of sites across the RBD. Air pollution from atmospheric nitrogen deposition is also widely highlighted as a pressure, with the potential to harm characteristic habitats such as the dry heaths and Oak woodlands of the South Dartmoor Woods.

2.3 European sites and their management As part of a new strategic approach to managing all England’s European sites, new measures needed to achieve favourable conservation status for all European sites in England have been developed by Natural England. These are collectively referred to as Site Improvement Plans (SIPs), and are being developed by the Improvement Programme for England’s Natura 2000 sites (IPENS). The final publication of SIPs for all European sites in England is due to be in July 2015. SIPs were published for all European sites in England in 20152.

The South West FRMP recognises SIPs include actions where flood risk management is specifically a mechanism for their delivery. The following are the relevant SIPs for the South West RBD:

 Avon River and Valley  Braunton Burrows  Chesil Beach & The Fleet  Exe Dawlish  Poole Harbour  Portland-Studland & St Albans-Durlston  River Axe  River Camel

2 Site Improvement Plans for the South West River Basin District can be found on: http://publications.naturalengland.org.uk/category/6287197783195648

3 Approach to the HRA

The steps we have undertaken to complete the HRA are as follows:  describe the plan and the measures proposed  screen and assess the likely significance of any effects on European Sites  consider need for further stages of assessment (i.e. appropriate assessment, alternative solutions and IROPI)  determine a plan level conclusion

3.1 Description of the FRMP programmes of measures

3.1.1 River Basin District Catchments FRMPs for the River Basin District (RBD) are being published by the Environment Agency (for English catchments) and Natural Resources Wales (NRW) (for Welsh catchments), and are focused on measures principally to address flood sources from main river, the sea and reservoirs. The measures have been divided into catchments based on the River Basin Management Plans (where they are called ‘management catchments’).

Production of the FRMPs for the RBDs is the legal duty of the Environment Agency and NRW. Where any voluntary information on local sources of flooding within RBD catchments has been provided by LLFAs, these are published by joint agreement in the RBD FRMP. The Environment Agency and NRW are also the competent authority under the Habitats Regulations for the RBD FRMPs.

3.1.1 Flood Risk Areas FRMPs for Flood Risk Areas (FRAs) are being published by the Lead Local Flood Authorities (LLFAs) where the FRAs lie within their administrative boundaries. Production of the FRMPs for the FRAs are the legal duty of the respective LLFAs. The LLFAs responsible for the FRA FRMPs are also the competent authority under the Habitats Regulations.

3.1.1 Applying HRA The HRA process has been applied to each catchment of the RBD. A final summary of conclusions and recommendations for future HRAs is provided that also draws on a high- level summary of the potential for in-combination effects of the FRMP with other key plans.

3.2 Screening and Likely Significant Effects

This first stage of the HRA process requires consideration of screening and likely significant effects of measures on European Sites. The tasks undertaken to complete this are as follows, and set out in more detail below:

 screening out catchments where no European Sites are present

 screening out measures that would not have physical effects  considering measures from existing plans, with mitigation / controls already agreed in HRAs for any likely significant effects, or in some cases potential adverse effect on site integrity  considering new measures and their likely significant effects, with mitigation / controls where considered necessary  conclusion from screening and likely significant effects.

The results of these tasks for the South West RBD FRMP are provided in chapter 4.

3.3 Screening out catchments where no European sites are present Where there are no European sites present in a catchment, it was determined that no further consideration of measures in the catchment is required. Given the level of detail in the plan where the FRMP measures are mainly strategic in nature and are not specific on their precise location, there is insufficient details to consider downstream or down drift effects beyond the catchment. However, such screening for cross-catchment effects will be a requirement in assessing local plans and projects.

3.4 Screening out measures that would not have physical effects Every measure included within the FRMP is categorised according to one of the following 4 categories, accompanied by an M-code:

 Prevention (M2) - reducing the impacts of flooding through land use and development policy, relocation of assets at risk, or measures to divert the hazard to avoid harm.  Protection (M3) - protecting people from the risk of flooding; for example, by the maintenance, refurbishment of existing defences or building new defences.  Preparedness (M4) - by taking actions that prepare people for flooding; for example, by improving awareness of flood risk, or by providing warning and forecasting for floods.  Recovery and review (M5) - supporting recovery after flooding has happened and reviewing how things can be improved; for example, by improving the availability of recovery services such as providing temporary accommodation.  Other (M6) – measures not fitting in to any of the above categories.

Further definitions of each of the measures are set out in the FRMP according to a second tier of M-codes. For example, Prevention (M2) includes the second tier measure, M22, which is defined as “Prevention, removal or relocation measure to remove receptors from flood prone areas or to relocate receptors to areas of lower risk”. These measure definitions have been used as the basis for the initial screening out of the measures that require no for further consideration within the HRA.

The measure codes and their definitions are included as Table A1 (in Annex A to this document). Measures under ‘Preparedness’ (M4) and ‘Recovery and review’ (M5) will not result in development, demolition or changes of management ‘on the ground’ that could

17 result in effects on European Sites. These were therefore screened out from any further consideration. Similarly, under the ‘Prevention’ category (M2), only the removal or relocation of receptors from flood prone areas could potentially affect European sites. The measures that have been screened in to the assessment are set out below and have been highlighted in Table A1:  M22 – Prevention – removal or relocation (category)  M3 – Protection – all sub-categories  M6 – Other – not yet defined.

3.5 Considering measures from existing plans Risk Management Authorities have a range of plans in place for developing and implementing measures related to flooding from main river (in Catchment Flood Management Plans), to flooding from the sea (in Shoreline Management Plans) and related to local sources of flooding (e.g. in Local Flood Risk Management Strategies). These plans have been subject to HRA where relevant, and have reported on the effects on European Sites consistent with the level of detail of the plans.

For this HRA, these existing HRAs have been used to summarise the effects of measures from existing plans that are now set out under specific RBD catchments or FRAs. For many RBD catchments and FRAs there are multiple existing plans covering the geographic area but also some existing plans that are split across RBD catchments or FRAs. Nonetheless we have separated out the ‘screened in’ measures from individual existing plans and referenced the specific HRA results that apply to them.

The results from existing HRAs have considered the extent that they remain valid since they were published. This has been done by checking the status of the relevant European sites that were considered within the source plan’s HRA for any changes to site designations since the date of the HRA publication. The criteria were agreed with Natural England and comprised: whether there were any new / additional site designations, any changes in site boundaries, changes in designated site features, or any significant changes in site conditions.

The HRA results from Shoreline Management Plans are relatively recent with most published between 2010 and 2011. The HRA results from Catchment Flood Management Plans are a little older with most published between 2008 and 2010. The HRA results from Local Flood Risk Management Strategies are the most recent with the first ones being published around 2012 and most being published much more recently.

One of the main reasons for a likely change from when the effects of plan measures were reported in HRAs is where there have been boundary changes to European sites or to the scope of condition of the interest features of the sites i.e. specific habitats, species etc. Where we have been advised that such changes have occurred and are significant then this has triggered further consideration of the validity of the existing HRA results that we have relied upon.

3.6 Considering new measures for FRMP cycle 1 In reviewing the range of measures across existing plans covering all sources of flooding, Risk Management Authorities (RMAs) have taken the opportunity to put forward further strategic developments for the next 6 year cycle of the FRMP. These ‘new measures’ focus on: strengthening the joint working of RMAs across all flood sources; developing more integrated management of the water environment as set out in the River Basin Management Plans and other related plans; and updating flood risk information to help manage risks with communities.

For this HRA we have reviewed the set of new measures that have been ‘screened in’ for each catchment. As they are mostly ‘strategic’ measures without specific information on location or the form of action that would be developed on the ground, we have considered a range of factors that would give rise to any likely risks from this set of measures in a specific catchment, which includes:

 their general proximity in the catchment to European sites  whether they aim to address sources of flooding that are local, or main river or related to the coast  the mix of types of new measures within the catchment denoted by their M-codes (i.e. whether they are mainly maintenance, or channel works, or new solutions).

General proximity was considered by narrowing down the set of measures within a catchment to those that were closer in general and more likely to be connected to European sites by the hydrology of the catchment rather than applying specific buffer distances to individual measures.

3.7 Considering the need for further stages of assessment HRA steps were carried out for each RBD catchment of the RBD plan that is the responsibility of the Environment Agency. Further HRA steps were carried out for each FRA (by catchment) that is the responsibility of respective Lead Local Flood Authorities. The determination for each catchment or FRA that there are no likely significant effects to European sites, is based on the following assumptions:

 that this HRA does not remove the need for HRA at a subsequent level, i.e. lower tier strategies, plans or projects that implement measures, nor does it give any weight to their outcomes. Consideration of potential impacts and options available to mitigate for those impacts should assist, but not influence or constrain any lower-tier assessments.  that as local actions are developed at a project level and the details of their scope and scale are known, that this may identify additional effects on European Sites that have not been assessed here, or were not appropriate to consider at this spatial scale of plan.

4 South West River Basin District Catchments HRA

This chapter sets out the results of carrying out the HRA on the measures for the South West RBD catchments that are for flooding from main river, sea and reservoirs and for local flooding sources outside of Flood Risk Areas. This is the FRMP information for which the Environment Agency is the FRMP ‘statutory authority’ and HRA ‘competent authority’.

This section covers the following stages of the assessment:  Summary of measures being assessed  Screening and assessment of likely significant effects  Consideration of results and conclusion

4.1 Summary of Measures The initial screening and assessment of likely significant effects reviewed the measures for each of the 9 management catchments within the South West draft FRMP.

Figure 3 - Map of the South West river basin district and management catchments

A summary of the measures and their screening is given below for each catchment.

Table 2: Summary of measures by catchment

Management Number of measures related to types of 1 Number of new measures and 1 1

Catchment existing plans known level of detail

of measures measures of measures of of new European of

Number (out) in screened Number plans from existing Number cycle for measures Number Sites Catchments with no screened in measures All catchments have some screened in measures. Catchments with all measures from existing plans All catchments have new measures and from existing plans Catchments with new measures for cycle 1 of the FRMP South West 6 (16) 0 6 6 strategic/proximity unknown n/a RBD Wide 40 20 17 from CFMPs 20 8 not in proximity 16 West (24) 3 from SMP 2 strategic/proximity unknown Cornwall 10 specific/in proximity and the Fal North 28 18 16 CFMPs 10 2 not in proximity 7 Cornwall, (15) 2 from SMP 2 strategic/proximity unknown Seaton, 6 specific/in proximity Looe and Fowey Tamar 26 16 15 from CFMP 10 2 not in proximity 8 (17) 1 from SMP 3 strategic/proximity unknown 5 specific/in proximity South 84 39 16 from CFMPs 45 15 not in proximity 6 Devon (61) 11 from SMP 10 strategic/proximity unknown 12 from LFRMS 20 specific/in proximity North 60 34 21 from CFMPs 26 5 not in proximity 7 Devon (47) 3 SMP 6 strategic/proximity unknown 10 LFRMS 15 specific/in proximity East Devon 93 48 19 from CFMPs 45 8 not in proximity 12 (57) 11 SMP 9 strategic/proximity unknown 18 LFRMS 28 specific/in proximity South and 79 68 4 from CFMP 11 4 not in proximity 14 West (73) 45 from SMP 7 specific/in proximity Somerset 18 LLFA 1 Multi agency plan Dorset 24 21 18 from CFMP 3 3 specific/ in proximity 23 (31) 3 SMP Avon 6 4 4 from CFMP 2 2 specific/in proximity 6 Hampshire (9) Overall 446 268 130 from CFMPs 178 44 (6%)not in proximity Total 79 from SMPs 39 (5%) strategic/proximity (350) 58 from LLFAs unknown 1 from multi agency plan 96 (12%) specific/in proximity

% all 56% 34% 16% from CFMPs 22% measures 10% from SMPs 7% from LFRMS <1% from Multi agency plan 1 - all numbers are of 'screened in' measures, except those in brackets 2 - all %s are of total of all 'screened in and out' measures 'in proximity' means being generally in the same part of the catchment (specific distances are not applied, but further detail is provided in the assessment) 'specific' is where a measure is place specific, 'strategic' is where a measure is catchment or RBD-wide 3 Measures across several catchments are counted up for each catchment for HRA purposes which may be a higher figure than reported in the FRMP.

Of the total of 796 measures 56% have been screened in for HRA consideration (44% screened out). All management catchments within the South West RBD have some screened in measures and are considered further. There are 22 measures that are RBD-wide and are considered in section 4.2.4.1. There are no measures from neighbouring river basin districts that are included in SW RBD catchments.

4.1.1 Risks from existing plan measures 34% of all measures are screened in and from existing plans, of which 16% are from CFMPs and 10% from SMPs. Most risks are from SMP measures where adverse effects identified in the SMP HRA for specific policy areas are being addressed.

Most risks to European Sites that are being addressed by existing plans relate to the (10%) measures in SMPs, and more specifically where the SMP is managing likely adverse effects, such as in the catchments of South Devon, East Devon, South and West Somerset and Dorset.

4.1.2 Risks from new measures 22% of all measures are screened in and new, of which 5% are strategic, 6% are not in proximity to any European Sites and 12% are more specific improvements that are in proximity to sites. The most likely risks will be related to the development of local actions for the specific improvements in the next FRMP cycle. New measures can be found in all the catchments, although with particular concentrations in the South Devon, North Devon, East Devon and West Cornwall and the Fal catchments. The future strategic measures may also present a risk depending on where they are implemented.

4.2 Screening and Likely Significant Effects The management catchments that make up the South West RBD FRMP are set out in table 3 below. The colour coding in the table summarises the nature and source of the bundle of measures, which forms the basis for how each management catchment has been assessed. The following sub-sections consider each of the management catchments in turn.

Table 3 Management Catchments of the South West RBD /FRMP

Management Catchment Category Management Catchments Management catchments with no None European Sites present. Management catchments with no None ‘screened in’ measures. Management catchments with all None measures from existing plans. Management catchments with new  West Cornwall and  North Devon measures. the Fal  East Devon  North Cornwall,  South and West Seaton, Looe and Somerset Fowey  Dorset  Tamar  Avon Hampshire  South Devon

4.2.1 Management catchments with no European sites present

All management catchments within the South West RBD have European sites present, therefore no management catchments have been ruled out of further consideration on this basis.

4.2.2 Management Catchments with no ‘screened in’ measures

All management catchments within the South West RBD have screened in measures, therefore no management catchments have been ruled out of further consideration on this basis.

4.2.3 Management Catchments with all measures from existing plans

There are no management catchments within the South West RBD with measures only from existing plans.

4.2.4 Management Catchments with New Measures

4.2.4.1 South West River Basin District European New measures Existing plan measures sites Screened in Screened out Screened in Screened out See Figure 2 6 16 0 0

The South West FRMP includes 22 measures that apply to all the management catchments within the South West RBD. All the new measures are from the Environment Agency as part of the FRMP.

Of the new measures 6 are screened in for further consideration as they relate to flood protection (M3) and 16 screened out as they relate to flood prevention (M21, M23, M24), preparedness for flood events (M41, M42, M43, M44) and recovery and review (M53).

Half of the protection measures screened in for further consideration relate to natural flood management / runoff and catchment management (M31) with the other measures referring to channel, coastal and floodplain works (M33) and other protection (M35). At the scale of the RBD the proposed measures do not specify particular locations and refer to general opportunities such as: working with partners to encourage best farming practices; working with Natural England and other partners to identify opportunities for floodplain restoration and increasing storage in the upper catchment; and producing opportunity maps in support of working with natural processes. Other RBD wide measures refer in general terms to the review of System Asset Management Plans, securing funding and delivering emergency works where needed and incorporating climate change allowances into flood risk management works.

Given the RBD wide context for these measures they are framed in general terms. The FRMP does not constrain how or where measures are implemented. When the measures are instigated, however, they will be subject to project level control through the relevant consenting process and the associated requirement for consideration of project level HRA. At this strategic plan level, a range of mitigation options have been identified (see Table A3, Annex A). In light of the mitigation options available to adequately avoid or mitigate for impacts, the measures are screened as not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

4.2.4.2 West Cornwall and the Fal Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 16 20 6 20 18

Within the West Cornwall and Fal management catchment there are 16 European sites comprising 10 SACs and 2 SCIs; 2 SPAs3; 1 pSPA; and 1 Ramsar site4. The most extensive of these sites are associated with the area’s coastline and include to the south of the management catchment the Fal & Helford SAC, Lands End and Cape Bank SCI, Lizard Point SCI and Falmouth Bay and St Austell Bay pSPA, in addition to the Isles of Scilly SPA/Ramsar and Isles of Scilly Complex SAC. Along the north coast there is the Godrevy Head to St Agnes SAC near to St Agnus and the Penhale Dunes SAC located north of Perranporth. The Lizard SAC forms an extensive complex of sites south of Helston, whilst other smaller discrete sites occur throughout the management catchment, such as Lower Bostraze & Leswidden SAC near St Just, Marazion Marsh SPA to the west of Penzance, Tregonning Hill SAC north of Porthleven and Carrine Common SAC south of Truro. In the north of the catchment the Breney Common and Goss & Tregoss Moors SAC forms another extensive complex of sites to the north of St Austell, this contrasting with the localised site of the St Austell Clay Pits SAC.

In total there are 64 measures for the West Cornwall and the Fal management catchment. The majority of these measures (38) are derived from existing plans, together with 26 new measures as part of the FRMP.

New Measures

A total of 26 measures are proposed by the Environment Agency. Of these, 6 measures are screened out as they relate to flood avoidance (M21), flood prevention (M24), flood warning and forecasting (M41) and preparedness for flood events (M43). Twenty measures are screened in as they relate to flood protection (M3). These measures comprise: 1 measure

3 http://publications.naturalengland.org.uk/publication/2745361 4 Isles of Scilly SPA/Ramsar; Breney Common and Goss & Tregoss Moors SAC; Lower Bostraze & Leswidden SAC; St Austell Clay Pits SAC; Penhale Dunes SAC; Tregonning Hill SAC; Carrine Common SAC; Godrevy Head to St Agnes SAC; The Lizard SAC; Fal & Helford SAC; Isles of Scilly Complex SAC; Marazion Marsh SPA; Lands End and Cape Bank SCI; Lizard Point SCI; Falmouth Bay and St Austell Bay pSPA

24 for water flow regulation (M32) and refers to the preparation of a Water Level Management Plan for Marazion Marsh; and 19 measures for channel, coastal and floodplain works (M33). Given the scope of the former measure, which is likely to support the conservation objectives of the Marazion Marsh SPA and be subject to project level controls through the relevant regulatory process, the measure is not considered further in the assessment. The measure aligns with the SIP for the Marazion Marsh SPA and action 1A (Hydrological Changes) with respect to developing and implementing a Water Level Management Plan for the site.

Two measures for channel, coastal and floodplain works (M33) are broadly defined and refer in general terms to working with South West Water to better align investment by risk management authorities and to working with partners to improve the flood resilience of critical rail infrastructure in Cornwall. Overall, these measures seek to address flooding from a range of sources including main river, ordinary watercourses and the sea as well as tackle coastal erosion. The FRMP does not constrain how or where measures are implemented. The above measures, however, will be subject to further investigation and appraisal. They will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Just under half of the measures (8) for channel, coastal and floodplain works (M33) are in general locations that are some distance (over 5km to 10km) from the nearest European site. The general areas where new measures are indicated include Copperhouse (near Hayle), Gilberts Coombe (north of Redruth), Hayle, Ladock, Newlyn and Portreath. Most of the measures are seeking to address flooding from main river, with a smaller number seeking to address flooding from the sea as in the case of Newlyn, Hayle and Copperhouse and additionally from main river and ordinary watercourses at Hayle. The precise nature of the measures is not yet determined with the measures subject to further investigation and appraisal. Overall, given the distances to designated sites, the measures are not likely to lead to a significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining new measures (9) involving channel, coastal and floodplain works (M33) are in general locations that are in closer proximity to European sites. These include:

 Helston with The Lizard SAC and Fal & Helford SAC in the wider area;  Penzance with the Marazion Marsh SPA located approximately 3km along the coast;  Penryn with the Fal and Helford SAC and Falmouth Bay and St Austell Bay pSPA in the vicinity;  Mevagissey and St Austell (3 measures) which are adjacent to the Falmouth Bay and St Austell Bay pSPA;  Perranporth with the Penhale Dune SAC located immediately to the north; and  St Mawes which is directly adjacent to the extensive Fal & Helford SAC and Falmouth Bay and St Austell Bay pSPA.

The new measures are seeking to address flooding from main river (Helston; Perranporth; Mevagissey; St Austell) or flooding from the sea (Penzance; Penryn; St Mawes). The precise nature of the measures, however, is not yet determined with the measures subject to further investigation and appraisal. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. Given these controls, the measures are not likely to lead to significant effect on European sites.

Existing plan measures – West Cornwall CFMP

In total 28 measures are drawn from the West Cornwall CFMP. Of these, 11 measures are screened out as they relate to preparedness for flood events (M41, M42, M43). One measure relates to flood risk prevention (M23) and is hence screened out and not considered further in the assessment.

Over half (17) of the measures are screened in for further consideration as they relate to flood protection (M3). These protection measures include: 7 measures for natural flood management / runoff and catchment management (M31); 9 measures for channel, coastal and floodplain works (M33); and 1 measure for surface water management (M34).

The West Cornwall management catchment aligns with the boundaries of the West Cornwall CFMP. The West Cornwall CFMP measures included within the West Cornwall management catchment implement the policies of the CFMP, which were assessed by the West Cornwall CFMP HRA5. The CFMP HRA considered potential effects on the following European sites within the management catchment: Breney Common Goss and Tregoss Moors SAC; St Austell Clay Pits SAC; Newlyn Downs SAC; Penhale Dunes SAC; Godrevy Head to St Agnes SAC; Carrine Common SAC; Fal and Helford SAC ; The Lizard SAC; Tregoning Hill SAC; Lower Bostraze and Leswidden SAC; and Marazion Marsh SPA. Potential effects on a number of sites (St Austell Clay Pits SAC; Tregonning Hill SAC; Lower Bostraze and Leswidden SAC); where screened out as no likely significant effects were identified as a result of policies in the CFMP. An appropriate assessment was undertaken for the remaining sites within the management catchment. Overall, this concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the designated sites.

The West Cornwall CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations.

5 West Cornwall CFMP, Environmental Report Appendix B, Appendices E and F (Forms HR01 and HR02) (2009)

Since the publication of the West Cornwall CFMP the Falmouth Bay and St Austell Bay pSPA has been proposed and consulted on. Projects arising out of the CFMP will hence also need to have regard to this proposed European Site in meeting the requirements of the Habitats Regulations in addition to the two SCIs.

Existing plan measures - Rame Head to Hartland Point SMP2 [Cornwall and Isles of Scilly]

In total 10 measures are drawn from the Rame Head to Hartland Point SMP [Cornwall and Isles of Scilly]. Of these, 7 measures are screened out as they relate to flood prevention (M24) and preparedness for flood events (M41, M43).

Three measures are screened in for further consideration as they relate to flood protection (M3) or flood prevention (M22) and screened in on a precautionary basis. The latter measure relates to influencing the planning process and is hence not considered further. Both of the protection measures relate to channel, coastal and floodplain works (M33) and refer to delivering a prioritised programme of beach and dune management in support of flood and coastal protection in Cornwall and the Isles of Scilly and the development of beach and dune management plans.

The SMP covers the entire coastal extent of the West Cornwall and the Fal management catchment and also extends to the adjacent management catchment of North Cornwall, Seaton, Looe and Fowey. The SMP measures incorporated within the West Cornwall and the Fal management catchment implement the policies of the SMP, which were assessed by the Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP2 HRA6.

The SMP HRA assessed potential effects on the following European sites within the management catchment: Penhale Dunes SAC; Godrevy Head to St Agnes SAC; The Lizard SAC; Marazion Marsh SPA; Fal & Helford SAC; Lands End to Cape Bank SAC; and Isles of Scilly SPA/Ramsar site. Overall, the HRA concluded that the policies within the SMP will not have an adverse effect on the integrity of European sites.

Since the publication of the SMP the Falmouth Bay and St Austell Bay pSPA has been proposed and consulted on. Projects arising out of the SMP will hence also need to have regard to this proposed European Site in meeting the requirements of the Habitats Regulations in addition to the two SCIs.

4.2.4.3 North Cornwall, Seaton, Lowe and Fowey Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 7 10 4 18 11

In the North Cornwall, Seaton, Looe and Fowey management catchment there are 7 European sites all of which are SACs and include the following: Crowdy Marsh SAC; Breney Common and Goss & Tregoss Moors SAC; Tintagel-Marsland-Clovelly Coast SAC; Phoenix

6 Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP 2 HRA, Appendix I, Forms HR01, HR02, Final Assessment Tables (2010) http://www.ciscag.org/finalsmpindex.html

United Mine & Crow's Nest SAC; Polruan to Polperro SAC; River Camel SAC; Newlyn Downs SAC. The European sites are widely distributed across the management catchment and associated with both its coastal and inland areas. To the north of the catchment there is the extensive linear designation of the River Camel SAC as well as discrete inland sites such as Crowdy March SAC and along the coast the Tintagel-Marsland-Clovelly Coast SAC. The Newlyn Downs SAC is located to the far south west f the management catchment to the south of Newquay. Near the eastern border of the management catchment, north of Liskeard, these is one of the complex of sites comprising the Phoenix United Mine and Crow`s Nest SAC. Further south along the coast there is the Polruan to Polperro SAC.

In total there are 43 measures for the North Cornwall, Seaton, Looe and Fowey management catchment. Over half of these measures (29) are derived from existing plans, with 14 new measures as part of the FRMP.

New Measures

Fourteen measures are from the Environment Agency. Of these, 1 measure is screened out as it relates to flood avoidance (M21) and 3 measures are screened out relating to flood warning and forecasting (M41) and preparedness for flood events (M43). The remaining 10 measures screened in as they relate to flood protection (M3) or other (M6). These measures include 9 measures for channel, coastal and floodplain works (M33). One additional measure is identified as other (M61) and relates to the River Camel Restoration and working towards delivery of targets for the favourable condition of the designated site through regulatory and operational activities. Given the scope of this measure, it is not considered further in the assessment since it is likely to support the conservation objectives of the River Camel SAC and will be subject to project level controls through the relevant regulatory process. This measure broadly aligns with the SIP for the River Camel SAC where the Environment Agency is identified as a delivery partner or lead body for actions in respect of water pollution, in-stream structures, invasive species and water abstraction.

With respect to the remaining protection measures (M33) 2 measures relate to addressing flooding from the sea at Looe and Padstow, which are at a distance (over 6km along the coast and 9km downstream respectively) from the nearest European site. Given this distance, the measures are not likely to lead to significant effect on European sites.

The remaining 5 protection measures (M33) seek to address flooding from the sea or main river and are in general locations that are in closer proximity to European sites, such as Bude, Fowey, Wadebridge (2 measures), and Polperro. At Bude the Tintagel–Marsland– Clovelly Coast SAC is along the nearby coastline (within 1km), whilst Wadebridge is 2km downstream of River Camel SAC. At Polperro along the coast there is the Polruan to Polperro SAC, which is also within 1km to the south of Fowey. The precise nature of the measures is not yet determined with the measures subject to further investigation and appraisal and in some cases localised solutions are likely, such as upgrading existing trash screens at Polperro. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. Given these controls, the measures are not likely to lead to significant effect on European sites. This is a plan- level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – East Cornwall CFMP

There are 21 measures drawn from the East Cornwall CFMP of which 4 measures are screened out as they relate to flood prevention (M21), preparedness for flood events (M41, M43) and flood risk prevention (M23).

In total 16 measures are screened in for further consideration as they relate to flood protection (M3). These protection measures include: 2 measures for natural flood management / runoff and catchment management (M31) and 13 measures for Channel, coastal and floodplain works (M33). One measure relates specifically to surface water management (M34) and addressing flooding from surface water, ground water and sewers. The measure refers in general terms to investigating and implementing surface water management improvements in prioritised locations (not specified) and working with other risk management authorities.

The North Cornwall, Seaton, Looe and Fowey management catchment corresponds to the boundaries of the East Cornwall CFMP. The East Cornwall CFMP measures included within the North Cornwall, Seaton, Looe and Fowey management catchment implement the policies of the CFMP, which were assessed by the East Cornwall CFMP HRA7. The CFMP HRA considered potential effects on the following European sites within the management catchment: Breney Common and Goss & Tregoss Moors SAC; Crowdy Marsh SAC; Culm Grasslands SAC; Newlyn Downs SAC; Phoenix United Mine & Crows Nest SAC; Polruan to Polperro SAC; River Camel SAC; and Tintagel-Marsland-Clovelly Coast SAC.

For two sites (River Camel SAC and Tintagel-Marsland-Clovelly Coast SAC) the HRA identified likely significant effects and therefore an appropriate assessment was undertaken. The remaining sites were screened out as no likely significant effects could be identified as a result of policies in the CFMP. Overall, the appropriate assessment for the River Camel SAC and Tintagel-Marsland-Clovelly Coast SAC concluded that the policies and actions

7 East Cornwall CFMP, Environmental Report Appendix B, Appendices E and F (Forms HR01 and HR02) (2009)

29 within the CFMP will not have an adverse effect on the integrity of the designated sites.

Proposed mitigation: The avoidance measures identified in the appropriate assessment ensure that the CFMP policies can be implemented without adverse effects on the integrity of European sites. These are summarised in the CFMP Environmental Report and Habitats Regulations Assessment (Appendix: B;E;F).

The East Cornwall CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations.

Existing plan measures – Rame Head to Hartland Point SMP2 [Cornwall and Isles of Scilly].

In total 8 measures are drawn from the Rame Head to Hartland Point SMP2 [Cornwall and Isles of Scilly]. Most of these measures (6) are screened out as they relate to flood prevention (M24) and preparedness for flood events (M41, M43).

One measure is screened in as it relates to flood protection (M3) and specifically channel, coastal and floodplain works (M33). The measure refers in general terms to delivering a prioritised programme of beach and dune management in support of flood and coastal protection and the development of beach and dune management plans. One measure relates to flood prevention (M22) and is screened in on a precautionary basis as the measure relates to influencing the planning process.

The SMP covers the northern and southern coastal extent of the North Cornwall, Seaton, Looe and Fowey management catchment management catchment and also extends to the adjacent management catchment of West Cornwall and the Fal as well as to a small part of the Tamar catchment. The SMP measures incorporated within the North Cornwall, Seaton, Looe and Fowey management catchment implement the policies of the SMP, which were assessed by the Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP2 HRA8.

The SMP HRA assessed potential effects on the following European sites within the management catchment: Tintagel-Marsland-Clovelly Coast SAC; Polruan to Polperro SAC; River Camel SAC. Overall, the HRA concluded that the policies within the SMP will not have an adverse effect on the integrity of European sites.

4.2.4.4 Tamar Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 8 10 7 16 10

8 Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP 2 HRA, Appendix I, Forms HR01, HR02, Final Assessment Tables (2010) http://www.ciscag.org/finalsmpindex.html

Within the Tamar management catchment there are 8 European sites comprising 6 SACs, 1 SCI and 1 SPA. These sites include the following: Phoenix United Mine & Crow's Nest SAC; Culm Grasslands SAC; South Dartmoor Woods SAC; Dartmoor SAC; Blackstone Point SAC; Plymouth Sound & Estuaries SAC; Tamar Estuaries Complex SPA; and Start Point to Plymouth Sound and Eddystone SCI. The majority and most extensive of the European sites within the management catchment are associated with its coastal area to the south of the catchment and including sites such as Plymouth Sound & Estuaries SAC, Tamar Estuaries Complex SPA and Start Point to Plymouth Sound and Eddystone SCI. To the south east of the management catchment the Dartmoor SAC extends across the border with the South Dartmoor Woods SAC forming a complex of sites. The Culm Grasslands SAC is the only European site in the northern part of the management catchment, whilst the Phoenix United Mine and Crow`s Nest SAC is located near the western edge of the management catchment near Pensilva.

In total there are 43 measures for the Tamar management catchment. Over half of these measures (26) are from existing plans with only 17 new measures as part of the FRMP.

New Measures

Seventeen new measures are from the Environment Agency. Seven measures are screened out as they relate flood avoidance (M21), flood prevention (M24), flood warning and forecasting (M41) and preparedness for flood events (M43). The remaining 10 measures are screened in as they relate to flood protection (M3). These measures include 1 measure for natural flood management / runoff and catchment management (M31) and 9 measures for channel, coastal and floodplain works (M33).

The single measure for natural flood management / runoff and catchment management (M31) involve investigations in the area of the Tamar catchment and Estuary with regard to habitat creation in support of flood risk management. The final scope and content of the measure has not yet been defined and lacks detail with regards to the type of actions and the specific areas that will be affected. Two measures for channel, coastal and floodplain works (M33) are similarly broadly defined and refer in general terms to working with South West Water to better align investment by risk management authorities and to working with partners to improve the flood resilience of critical rail infrastructure in Cornwall. Overall, these measures seek to address flooding from a range of sources including main river, ordinary watercourses and the sea as well as tackle coastal erosion.

The FRMP does not constrain how or where measures are implemented. The above measures, however, will be subject to further investigation and appraisal. They will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining protection measures involving channel, coastal and floodplain works (M33) are in general locations, such as Kingsand, Gunnislake, Saltash, Plympton, Calstock and

Newport (Launceston). All the measures seek to address flooding from the sea or main river. Newport is over 15km from the nearest European site and given this distance, the measure is not likely to lead to significant effect on European sites.

With respect to the other locations, Plympton is to the east of Plymouth and at a greater distance (over 5km upstream) from the Plymouth Sound & Estuaries SAC. However, the other locations are in closer proximity to European sites, for example, Gunnislake is immediately upstream of the Plymouth Sound & Estuaries SAC whilst Kingsand, Saltash and Calstock are adjacent to the SAC. In the case of Saltash, the Tamar Estuaries Complex SPA is also in close proximity. The precise nature of the measures is not yet determined with the all measures subject to further investigation and appraisal. The measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. Given these controls and, in the case of Plympton the distance to the nearest site, overall the measures are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – Tamar CFMP

In total there are 19 measures drawn from the Tamar CFMP. Of these, 4 measures are screened out as they relate to flood prevention (M23) flood warning and forecasting (M41) and preparedness for flood events (M43).

Fifteen measures are screened in for further consideration as they relate to flood protection (M3). The protection measures include: 4 for natural flood management / runoff and catchment management (M31): 10 for channel, coastal and floodplain works (M33) and one for surface water management.

The Tamar management catchment corresponds to the boundaries of the Tamar CFMP. The Tamar CFMP measures included within the Tamar management catchment implement the policies of the CFMP, which were assessed by the Tamar CFMP HRA9. The CFMP HRA considered potential effects on the following European sites within the management catchment: Plymouth Sound and Estuaries SAC; South Dartmoor Woods SAC; Dartmoor SAC; Blackstone Point SAC; Phoenix United Mine and Crows Nest SAC; Culm Grasslands SAC; and Tamar Estuaries Complex SPA. Potential effects on one site (South Dartmoor Woods SAC) were screened out as no likely significant effects could be identified as a result of policies in the CFMP. For the remaining sites the HRA identified likely significant effects and therefore an appropriate assessment was undertaken. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the European sites.

Proposed mitigation: The avoidance measures identified in the appropriate assessment ensure that the CFMP policies can be implemented without adverse effects on the integrity

9 Tamar CFMP, Environmental Report Appendix B, Appendices E & F (Forms HR01 and HR02) (2009)

32 of European sites. These are summarised in the CFMP Environmental Report and Habitats Regulation Assessment (Appendix: B; E; F).

The Tamar CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations.

Since the publication of the CFMP, projects arising out of the CFMP will also need to have regard to the SCI within the management catchment.

Existing plan measures - Rame Head to Hartland Point SMP2 [Cornwall and Isles of Scilly].

Seven measures are drawn from the Rame Head to Hartland Point SMP2. Of these 6 measures are screened out as they relate to other prevention (M24) and preparedness for flood events (M41, M43). One measure is screened in as it relates to flood protection (M3) and specifically channel, coastal and floodplain works (M33) The measure refers in general terms to delivering a prioritised programme of beach and dune management in support of flood and coastal protection and the development of beach and dune management plans.

The SMP covers a small part of the coastline in the Tamar management catchment, but extends to the adjacent catchment of North Cornwall, Seaton, Looe and Fowey and further south to the West Cornwall and the Fal management catchment. The SMP measures incorporated within the Tamar management catchment implement the policies of the SMP, which were assessed by the Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP2 HRA10.

The SMP HRA assessed potential effects on the following European sites within the management catchment: Plymouth Sound & Estuaries SAC and Prawle Point to Plymouth Sound & Eddystone cSAC. Overall, the HRA concluded that the policies within the SMP will not have an adverse effect on the integrity of European sites.

4.2.4.5 South Devon Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 6 45 3 39 58

In the South Devon management catchment there are 6 European sites 4 of which are SACs and 2 are SCIs and comprise the following: South Devon Shore Dock SAC; South Hams SAC; South Dartmoor Woods SAC; Dartmoor SAC; Lyme Bay and Torbay SCI; Start Point to Plymouth Sound and Eddystone (SCI). A large proportion of the southern coastline within the management catchment is subject to designation, including the Lyme Bay to Torbay SCI from Dartmouth to the north of Torquay; the Start Point to Plymouth Sound and Eddystone SCI near Salcombe; and the South Devon Shore Dock SAC. In the north of the catchment

10 Cornwall and Isles of Scilly (Ramehead to Hartland point) SMP2 HRA, Appendix I, Forms HR01, HR02, Final Assessment Tables (2010) http://www.ciscag.org/finalsmpindex.html

33 extensive areas are covered by the complex of sites comprising the South Dartmoor Woods SAC and Dartmoor SAC. The South Hams SAC also forms a smaller complex of sites in the centre of the catchment in the area of Chudleigh and Buckfastleigh.

There are 145 measures for the South Devon management catchment. The majority of these measures (97) are derived from existing plans with 48 new measures as part of the FRMP.

New Measures

There are 48 new measures, of which 20 are from the Environment Agency and 28 are from LLFAs (South Hams District Council, Devon County Council, Teignbridge District Council, Torbay Council).

All the measures from the Environment Agency are screened in as they relate to flood protection (M3) and comprise: 4 measures for natural flood management / runoff and catchment management (M31); 2 measures for water flow regulation; 12 measures for channel, coastal and floodplain works (M33); and 3 measures for other protection (M35). Two of the latter measures (M35) refer to an individual property protection (IPP) scheme at Bayards Cove and installation of webcams on flood risk assets. Given the scope of these measures they are not considered further in the assessment as they are unlikely to affect European sites.

A number of these measures (8) are framed in general terms and refer to the following:

 investigating potential habitat creation in association with the Devon Wet Woodlands project (M31);

 investigating habitat creation and river restoration opportunities in support of WFD (M31);

 investigating intertidal habitat creation associated with the South Devon Creek Restoration project (M31);

 developing a programme for addressing heavily modified water bodies (M32);

 investigating the restoration and recovery to favourable condition of the Dartmoor SAC / SSSI through the Dartmoor Mires Project;

 refurbishing tidal gates (M33); and

 repairs to and assessing improvements in the standard of protection of flood/coastal assets (M33).

European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Six measures comprising channel, coastal and floodplain works (M33) or other protection (M35) are in general locations at a distance from the nearest European site. These include proposed flood risk management measures in the following broad locations:

 Totnes (2 measures) which is over 8km inland from the coastal Lyme Bay and Torbay SCI and over 5km to one of sites comprising the South Hams SAC and with no hydrological connection;

 Harbertonford (Palmers Dam Reservoir) which is over 7km to one of sites comprising the South Hams SAC and with no hydrological connection;

 Newton Abbot and Teigngrace with the nearest site (South Hams SAC) over 5-6km to the north; and

 Kingsteignton with the nearest site (South Hams SAC) 4km to the north and with no hydrological connection.

These measures seek to address flooding from various sources, including main river, ordinary watercourses, surface water, the sea and also reservoirs in support of regulatory works under the Reservoirs Act. The final solutions for most of the measures are not yet fully defined and will be subject to further investigation and appraisal at the project level, whilst in several cases localised solution are likely such as reinstatement of a failing wall. Overall, given the distances and that the measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), the measures are not likely to lead to a significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining measures (4) involving channel, coastal and floodplain works (M33) are in general locations that are in closer proximity to European sites. The measures are seeking to address flooding from a range of sources including the sea, main river, ordinary watercourses and surface water and include:

 Bovey Tracey (north of Newton Abbot) approximately 3km downstream of South Dartmoor Woods SAC;

 Paignton (2 measures) adjacent to the Lyme Bay and Torbay SCI; and

 Salcombe within 1km of the Start Point to Plymouth Sound and Eddystone SCI.

The final solutions for the majority of the measures are not yet fully defined and will be subject to further investigation and appraisal at the project level, whilst in one case a localised solution is indicated with respect to repairing a culvert. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated

35 requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Twenty eight measures are proposed by four LLFAs and include the following:

Seven measures are from Devon County Council, two of which are screened out as they relate to flood prevention (M23, M21). The remaining measures relate in near equal numbers to channel, coastal and floodplain works (M33) and natural flood management / runoff and catchment management (M31). The measures are seeking to address flooding from main river, ordinary watercourses and surface water and in the case of Kingsbridge also flooding from the sea. Most of the indicated locations for the measures are at considerable distance from the nearest European site. Kingsbridge, for example, is over 8km to the Start Point to Plymouth Sound and Eddystone SCI, whilst Modbury is over 7km from the same site and the nearest site to Ivybridge is the Dartmoor SAC over 5km north of the town. The measure associated with Stokeinteighhead (south east of Newton Abbot) is over 2km from the coastal Lyme Bay and Torbay (SCI), but is not hydrologically linked. The measure associated with Dartmouth is in closer proximity to a European site and within 1km of the Lyme and Torbay SCI. The final solutions for the measures are subject to further investigation/appraisal, whilst in the case of Ivybridge a localised intervention to a specific area of the town is indicated. Given the scope of the measures, the distances to European sites and that the measures will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Three measures are from South Hams District Council all of which relate to channel, coastal and floodplain works (M33). The measures refer to flood and coastal erosion risk management measures in the general areas of Beesands, Salcombe and Hope Cove. The first two measures are seeking to tackle coastal erosion and flooding from the sea respectively, whilst flooding from ordinary watercourses is the main focus for the latter measure. All the measures are in the general vicinity of European sites. Beesands, for example, is approximately 3km north along coast from Start Point to Plymouth Sound and Eddystone SCI and over 7km south of the Lyme Bay and Torbay SCI. Hope Cove is within 1km of the coastal Start Point to Plymouth Sound and Eddystone SCI, whilst Salcombe within 1km of the same site. The measures at Beesands and Hope Cove are subject to further investigation and appraisal, whilst a localised solution is indicated for Salcombe with respect to the installation of flood gates between properties in the town. Taking this into account and that the measures will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Five measures are from Teignbridge District Council all of which relate to channel, coastal and floodplain works (M33). The measures refer to flood risk management measures in the general locations of Chudleigh, Combeinteignhead, Coombe Vally (Teignmouth), Teignmouth and Dawlish. These are seeking to address flooding from a variety of sources including ordinary watercourse, main river and suface water and from the sea in the case of Teignmouth and Dawlish. Three of the measures are at a distance from the nearest SAC and or are not hydrologically linked and include:

 Combeinteignhead with the nearest SAC the coastal Lyme Bay and Torbay SCI over 4km to the south;

 Coombe Valley (Teignmouth) on the western urban edge of Teignmouth and over 5km to the Exe Estuary SPA/Ramsar site to the north;

 Teignmouth Point with the Lyme Bay and Torbay SCI the nearest designated site over 3km to south along the coast, and additionally with a localised solution indicated with respect repairs to an existing sea wall.

Two of the measures are in closer proximity to European sites and comprise Chudleigh with the South Hams SAC immediately to south of the town and Dawlish with the Exe Estuary SPA/Ramsar site and Dawlish Warren SAC within 2km to the north. The final solutions for the measures are subject to further investigation and appraisal, whilst in the case of Teignmouth a localised intervention is indicated. Taking this into account, the distance to European sites and that the measures will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Thirteen measures are from Torbay District Council one of which is screened out as it relates to flood prevention (M23). The remaining measures (12) relate to flood protection (M3) and comprise: 1 measure natural flood management / runoff and catchment management (M31); 1 measure for water flow regulation (M32); and 10 measures for channel, coastal and floodplain works (M33). These measures refer to flood risk management measures in the broad locations of Brixham, Broadsands (2 measures), Cockington, Collaton St Mary, Monksbridge (Brixham), Occombe Valley (Paignton), Paignton, Torbay (2 measures), Hollicombe, Torquay. The measures are seeking to address flooding from a variety of sources including main river, ordinary watercourse, surface water, the sea and in the case of Broadsands also coastal erosion. The majority of these measures are associated with general locations that are in proximity to European sites, in particular the extensive Lyme Bay and Torbay SCI which extends along the coast line adjacent to Brixham, Broadsands, Paignton, Torbay, Hollicombe and Torquay. Additionally, one of the complex of sites comprising the South Hams SAC is to the north of Brixham. Cockington and Collaton St Mary are located towards the inland urban edge of Torquay and Paignton and aimed at tackling flooding from main river, ordinary watercourses and surface water and hence less likely to be linked hydrologically to the coastal Lyme Bay and Torbay SCI. Overall, the final solutions for the measures are subject to further investigation and appraisal, whilst in the case of Torquay, for example, a localised solution is indicated in terms of repairs to existing

37 structures. The FRMP does not constrain how or where measures are implemented. The measures will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – South Devon CFMP

In total there are 37 measures drawn from the South Devon CFMP. Over half (23) of these are screened out as they relate to flood prevention (M21, M24), preparedness for flood events (M41, M42, M43).

Just under half (14) of the measures are screened in for further consideration as they relate to flood protection (M3). These measures include: 5 measures for natural flood management / runoff and catchment management (M31); 4 measures for channel, coastal and floodplain works (M33); 3 measures for surface water management (M34); and 2 measures for other protection.

The South Devon management catchment corresponds to the boundaries of the South Devon CFMP. The South Devon CFMP protection measures included within the South Devon management catchment implement the policies of the CFMP, which were assessed by the South Devon CFMP HRA11. The CFMP HRA considered potential effects on the following European sites within the management catchment: Dartmoor SAC; South Devon Shore Dock SAC; South Dartmoor Woods SAC; and South Hams SAC. Potential effects on two European sites (South Dartmoor Woods SAC and South Devon Shore Dock SAC) were screened out as no likely significant effects could be identified as a result of policies in the CFMP. For the remaining sites (Dartmoor SAC and South Hams SAC) the HRA identified likely significant effects and therefore an appropriate assessment was undertaken. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the sites.

Existing plan measures – East Devon CFMP

One measure is based on the East Devon CFMP and is screened in as it relates to other protection (M35) and specifically to the development and delivery of System Asset Management Plans to reduce maintenance levels.

11 South Devon CFMP, Environmental Report Appendix B, Annex B, Forms HR01 and HR02 (2009)

As a general, strategic measure this has been assessed by the HRA for the East Devon CFMP. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of European sites.

Existing plan measures – North Devon CFMP

One measure is based on the North Devon CFMP and relates to flood prevention (M22 - removal or relocation) and screened in on a precautionary basis. The measure refers in general terms to investigating ways in which people can be moved out of flood risk areas over the lifetime of the Catchment Flood Management Plans. Given the scope of the measure this is not considered further in the assessment.

Existing plan measures – Exe CFMP

Two measures are based on the Exe CFMP. Both measures are screened out as they relate to flood prevention (M21) and to preparedness for flood events (M43).

Existing plan measures - Durlston Head to Rame Head SMP2 [South Devon and Dorset]

A total of 31 measures are drawn from the Durlston Head to Rame Head SMP2 (South Devon and Dorset]. Of these, 20 measures are screened out as they relate to flood prevention (M21, M24) and preparedness for flood events (M41, M42, M43, M44).

Eleven measures are screened in for further consideration as they relate to flood protection (M3) and other (M6). These measures include: 1 measure for natural flood management / runoff and catchment management; 7 measures for channel, coastal and floodplain work (M33); and 3 measures for other protection (M35). The set of measures includes a number (4) that relate to general ways of working or tasks such as undertaking periodic inspections of assets, using the Regional Habitat Creation Programme to develop plans for any required mitigation or ensuring that works take account of heritage and natural conservation interest. Other measures refer to the preparation of plans such as preparing Asset Management Plans and completing studies, for example, relating to the Teign Estuary and Torbay. The adaptation of defences in relation to sea level rises is also referred to general terms for several broad locations such as Torbay and Teignmouth.

The SMP covers the entirety of the coastline within South Devon management catchment. With respect to the European sites within the South Devon management catchment, the HRA of the SMP12 determined that the policies in the plan would not lead to a significant adverse effect on the South Devon Shore Dock SAC and South Hams SAC. The subsequent appropriate assessment considered further the following sites within the South Devon management catchment: Poole Bay to Lyme Bay cSAC and Prawle Point to Plymouth Sound & Eddystone cSAC. The appropriate assessment concluded that, providing avoidance measures are put in place (as set out in the HRA) the SMP as proposed can be shown to have no adverse effect on the integrity of the following European sites: Prawle Point to Plymouth Sound and Eddystone cSAC and Poole Bay to Lyme Bay Reefs cSAC in the medium and long-term.

12 South Devon and Dorset SMP2, Appendix J Appropriate Assessment (HR01; HR02; IROPI Case) (June, 2011) http://www.sdadcag.org/docs/html/frameset.htm

The appropriate assessment, however, identified that the potential interest features of some European sites outside of the South Devon management catchment may be adversely affected.

As a consequence of the conclusion of the HRA of the potential for adverse effects on integrity of European sites outside of the South Devon management catchment, a Statement of Case for Imperative Reasons of Over-riding Public Interest (IROPI) was submitted to the Defra Secretary of State.

Proposed mitigation: As outlined under the East Devon Management Catchment the Exe Estuary Flood and Coastal Erosion Risk Management Strategy was published in May 201413. Its supporting HRA was also subject to Statement of Case for Imperative Reasons of Over-riding Public Interest. This included proposed compensatory habitat (intertidal) creation together with improvements in terrestrial and freshwater habitats in the area.

Projects to deliver compensatory habitat to meet the required first epoch have been identified and are currently being progressed by the Environment Agency as part of the 6 year Medium Term Programme.

The SMP has been signed off as setting the strategic direction for managing coastal flood risk, on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this SMP to show it and they have met the requirements of the Habitats Regulations.

Existing plan measures - Devon County Council Local Flood Risk Management Strategy

A total of 24 measures are taken from the Devon County Council LFRMS. Half of these measures are screened out as they relate to flood prevention (M21, M24) and preparedness for flood events (M41, M42, M43).

The remaining measures (12) are screened in for further consideration as relate to flood protection (M3). These measures encompass: 2 measures for water flow regulation; 7 measures for channel, coastal and floodplain works (M33); and 3 measures for surface water management (M34).

The principles and proposed actions of the Devon LFRMS were assessed by the supporting HRA (Final Report March 2015). This concluded no Likely Significant Effects on European sites, whilst the LFRMS includes the commitment to ensuring that HRA issues will be addressed for all studies and projects listed in the emerging Action Plan. With regard to the emerging Action Plan the HRA also identifies where project level HRA will be built into relevant studies and subsequent projects.

13 Exe Estuary Flood and Coastal Erosion Risk Management Strategy (May, 2014) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421989/ExeStrategyBr ochure06_Final.pdf

4.2.4.6 North Devon Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 7 26 2 34 45

Within the North Devon management catchment there are 7 European sites all of which are SACs and comprise the following: Braunton Burrows SAC; Exmoor & Quantock Oakwoods SAC; Exmoor Heaths SAC; Tintagel-Marsland-Clovelly Coast SAC; Culm Grasslands SAC; Dartmoor SAC; Lundy SAC. A number of sites are associated with the coast line to the north of the catchment, including Tintagel-Marsland-Clovelly Coast SAC, Braunton Burrows SAC (west of Bournemouth) and the offshore Lundy SAC. The Dartmoor SAC extends across the southern boundary of the management catchment near Okehampton. The Culm Grasslands SAC forms a complex of sites that are predominantly distributed along the western border of the management catchment, although several sites are also located further east. To the north east of the management catchment the Exmoor Heath SAC and Exmoor & Quantock Oakwoods SAC extend across large areas in the area of Lynton and Coombe Martin.

In total there are 107 measures for the North Devon management catchment. The majority of these measures (79) are derived from existing plans, with only 28 new measures as part of the FRMP.

New Measures

There are 28 new measures, most of which are from the Environment Agency (19) with the remaining 9 measures from a number of LLFAs (Devon County Council, Torridge District Council, West Devon District Council).

All the measures from the Environment Agency relate to flood protection and are hence screened in for further consideration. The protection measures include: 5 measures for natural flood management / runoff and catchment management (M31); 1 measure for water flow regulation (M32); 12 measures for channel, coastal and floodplain works (M33); and one other protection measure (M35) referring to the installation of webcams on flood assets. Given the scope of the latter measure, it is not considered further in the assessment.

Six of these measures are framed in general terms and refer to the following:

 investigating habitat creation and river restoration opportunities in support of WFD (M31);

 developing a programme for addressing heavily modified water bodies (M32);

 investigating potential habitat creation in association with the Devon Wet Woodlands project (M31);

 refurbishing tidal gates (M33); and

 repairs to and assessing improvements in the standard of protection of flood/coastal assets (M33).

The measures seek to address flooding from a variety of sources, including from main river, ordinary watercourses and the sea. At this stage the measures lack detail with regards to the precise nature of the actions and the specific locations that will be affected. The FRMP does not constrain how or where measures are implemented. The above measures, however, will be subject to further investigation and appraisal. They will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Four of the measures for channel, coastal and floodplain works (M33) are in general locations at a distance from European sites. These include proposed measures in the area of: Barnstaple (2 measures) and 9km upstream of the coastal Braunton Burrows SAC); Bishop’s Tawton which is over 13km upstream of Braunton Burrows SAC); and Ilfracombe with the Exmoor Heaths SAC over 9km to the west. These measures are seeking to address flooding from a range of sources including main river, ordinary watercourses, surface water and the sea. The final solutions for most of the measures are not yet fully defined and will be subject to further investigation and appraisal at the project level, whilst in the case of one measure a localised solution is likely in terms of repairs to an existing asset. Overall, given the distances and that the measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), the measures are not likely to lead to a significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining measures (5) involving channel, coastal and floodplain works (M33) are in general locations that are in closer proximity to European sites. The final solutions for the measures are not yet fully defined and will be subject to further investigation and appraisal at the project level. The measures seek to address flooding from a number of sources, including main river, ordinary watercourses, surface water and the sea and include:

 Bideford (3 measures) approximately 5km upstream from Braunton Burrows SAC on the coast;

 Braunton approximately 2km inland from Braunton Burrows SAC; and

 Wrafton approximately 2km inland from Braunton Burrows SAC.

Additionally, 3 measures relating to natural flood management / runoff and catchment management (M31) refer to investigating intertidal and freshwater habitat creation opportunities. These measures seek to address flooding from main river, ordinary watercourses and the sea and are also at locations in closer proximity to European sites including:

 Chivenor, south of Braunton and within 2km of the Braunton Burrows SAC;

 Penhill, east of Barnstaple and within 5km of Braunton Burrows SAC; and

 Taw / Torridge Estuary with the Braunton Burrows SAC extending to the estuary in the area of its coastal extent.

Overall, given that the above measures will be subject to further investigation and appraisal and will need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

There are 9 new measures as part of the FRMP from LLFAs and comprise the following:

 Devon County Council: Two measures are screened out as they relate to flood prevention (M21, M23), with one measure screened in as it refers to surface water management (M34) in the general area of Braunton. The measure seeks to address flooding from a range of sources including main river, ordinary watercourses, the sea and surface water. Localised solutions are indicated in terms of alterations to highways, local drainage, culverts and inlet structures and the creation of small flood storage areas. Braunton is approximately 2km inland from the Braunton Burrows SAC. Taking account of the localised solutions and that the measure will need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

 West Devon District Council: One measure is screened in as it involves channel, coastal and floodplain works (M33) in the area of South Zeal to address flooding from ordinary watercourses. South Zeal is within 1km of the edge of the Dartmoor SAC. A localised solution is indicated in terms of strengthening the banks of the ordinary watercourse. Given the sources of flooding the measure is seeking to address, the likely localised solution and that the measure will be subject to project level controls through the relevant consenting process, it is not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

 Torridge District Council: Five measures are screened in with all relating to channel, coastal and floodplain works (M33) and seeking to address coastal erosion in the general areas of Buck’s Mill, Westward Ho! and Northam Burrows. All the measures are seeking to address flooding from the sea or coastal erosion. Braunton Burrows SAC is approximately 4km north of Westward Ho! along the coast and the Taw/Torridge Estuary, whilst the Tintagel–Marsland–Clovelly Coast SAC is approximately 7km to the south along the coast. Buck’s Mills is within the Tintagel–Marsland–Clovelly Coast SAC. Two measures are associated with this area, although localised solutions are indicated such as the reconstruction of the seawall and slip way and cliff stabilisation. A further

measure is associated with the area of Northam Burrows and the Taw Torridge Estuary, with the Braunton Burrows SAC extending north of the estuary. The final solutions for the measures are subject to further investigation/appraisal, whilst in the case of Buck’s Mills localised solutions are indicated. Given that the measures will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), they are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – North Devon CFMP

In total there are 36 measures drawn from the North Devon CFMP. Nearly half of these measures (16) are screened out as they relate to flood prevention (M21, M24), preparedness for flood events (M41, M43).

Just over half of the measures (20) are screened in for further consideration as they relate to flood protection (M3) (17 measures) and flood prevention (removal or relocation) (M22) (3 measures).

The protection measures include: 3 measures for natural flood management / runoff and catchment management (M31); 7 measures for channel, coastal and floodplain works (M33); 2 measures for surface water management M34); and 5 other protection measures.

The North Devon management catchment corresponds to the boundaries of the North Devon CFMP. The North Devon CFMP protection measures included within the North Devon management catchment implement the policies of the CFMP, which were assessed by the North Devon CFMP HRA14. The CFMP HRA assessed potential effects on the following European sites within the management catchment: Dartmoor SAC; Tintagel- Marsland-Clovelly Coast SAC; Exmoor Heaths SAC; Exmoor and Quantock Oakwoods SAC; Culm Grassland SAC; and Braunton Burrows SAC. Potential effects on Tintagel- Marsland-Clovelly Coast SAC were screened out as no likely significant effects could be identified as a result of policies in the CFMP. For the remaining sites the Habitat Regulations Assessment identified likely significant effects and therefore an appropriate assessment was undertaken. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the site.

The North Devon CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations.

14 North Devon CFMP, Environmental Report Appendix B, Annex B, Forms HR01 and HR02 (2009)

Existing plan measures – South Devon CFMP

Two measures are based on the South Devon CFMP, but are screened out as they both relate to flood risk prevention (M21).

Existing plan measures – East Devon CFMP

Existing plan measures – Exe CFMP

Two measures are based on the Exe CFMP. Both measures are screened out as they relate to flood prevention (M21) and to preparedness for flood events (M43).

Existing plan measures - Hartland Point to Anchor Head - SMP2

Total 21 measures drawn from the Hartland Point to Anchor Head SMP2. Of these 18 measures are screened out as relate to flood prevention (M21, M24) and preparedness for flood events (M41, M42, M43, M44). Three measures are screened in for further consideration as relate to flood risk protection (M3) and specifically to natural flood management / runoff and catchment management (M31), channel, coastal and floodplain works (M33) and other protection (M35). These measures refers to ways of working with partners, undertaking periodic defence inspections and a general reference to using the Regional Habitat Creation Programme (RHCP) to develop plans for any required mitigation and compensatory habitat. Given the scope of these measures they are not considered further in the assessment.

Existing plan measures - Devon County Council Local Flood Risk Management Strategy

Total of 17 measures derived from the Devon County Council LFRMS. Of these 7 measures screened out as relate to flood prevention (M21, M24), preparedness for flood events (M41, M43, M44).

Ten measures are screened in for further consideration as relate to flood protection (M3) and encompass: 2 measures for water flow regulation (M32); 5 measures for channel, coastal and floodplain works (M33); and 3 measures for surface water management (M34).

4.2.4.7 East Devon Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 12 45 2 48 55

Within the East Devon management catchment there are 12 European sites comprising: 7 SACs; 1 SCI; 2 SPAs; and 1 Ramsar site15. These sites are mostly clustered in the north and south of the management catchment. In the north of the catchment there is the complex of sites comprising the Exmoor Heaths SAC. To the south of the catchment there are number of coastal sites, such as the Exe Estuary SPA/Ramsar, Sidmouth to West Bay SAC, Dawlish Warren SAC and Lyme Bay and Torbay SCI, and inland sites such as the East Devon Heaths SPA, River Axe SAC and Beer Quarry & Caves SAC.

In total there are 150 measures for the East Devon Management catchment. The majority of these measures (103) are from existing plans together with 47 new measures as part of the FRMP.

New Measures

A total of 46 new measures are from the Environment Agency and LLFAs (Devon County Council, East Devon District Council, Exeter District Council).

Over half of the new measures are from the EA (33) and all are screened in for further consideration as they relate to flood protection (M3). These measures include: 6 measures for natural flood management / runoff and catchment management (M31); 5 measures for water flow regulation (M32); 21 measures for channel, coastal and floodplain works (M33); and 1measure for other protection (M35). The latter measure (M35) relates to the installation of webcams on flood risk assets and is hence not considered further given its scope. Two measures for water flow regulation (M32) refer to the preparation of a new Water Level Management Plan for the Exminster Marshes (associated with the Exe Estuary SPA/Ramsar) and to the River Axe SAC River Restoration Project with respect to better understanding reasons for failure and informing solutions as part of wider projects. Given the scope of these measures they are not considered further in the assessment as they are likely to support the conservation objectives of the associated designated sites. The measure for the River Axe, for example, supports the range of actions identified in the SIP where the Environment Agency is delivery partner or lead body.

A further 9 measures are framed in general terms and refer to the following:

 investigating potential habitat creation in association with the Devon Wet Woodlands project (M31);

 investigating habitat creation and river restoration opportunities in support of WFD (M31);

15 Exe Estuary SPA/Ramsar; Beer Quarry & Caves SAC; Dawlish Warren SAC; East Devon Pebblebed Heaths SAC; Exmoor & Quantock Oakwoods SAC; Exmoor Heaths SAC; River Axe SAC; Sidmouth to West Bay SAC; Culm Grasslands SAC; East Devon Heaths SPA; Lyme Bay and Torbay SCI

 developing a programme for addressing heavily modified water bodies (M32);

 identifying catchment scale opportunities in association with the River Exe Catchment Management Approach;

 Culm National Character Area Habitat Creation Project (M31);

 Identifying habitat creation opportunities in association with the Exmoor Mires Partnership Project 2015-20 (M31);

 refurbishing tidal gates (M33);

 repairs to and assessing improvements in the standard of protection of flood/coastal assets (M33).

Five measures for channel, coastal and floodplain works (M33) are in general locations at a distance from European sites. The measures are seeking to address flooding from various sources including main river, ordinary watercourses and surface flooding and are associated with the following locations:

 Tiverton (2 measures) with the nearest European site (Culm Grasslands SAC) over 11km to the north west;

 Bampton, to the north of Tiverton, and over 7km from the nearest SAC (Exmoor Heaths) to the north and with no hydrological connection;

 Stoke Canon, to the north of Exeter, and over 13km upstream of the Exe Estuary SPA/Ramsar site;

 Whimple, to the east of Exeter, and over 5km to the nearest European sites of the East Devon Pebblebed Heaths (SAC) and East Devon Heaths (SPA) and with no hydrological connections.

The final solutions for the measures are not yet determined and will be subject to further investigation and appraisal, whilst in the case of Whimple a localised solution is indicated in terms of improving conveyance capacity of a culvert. Given the distances to European sites, lack of hydrological connectivity and that the measures will be subject to project level controls through the relevant consenting process, the measures are not likely to lead to

47 significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining new measures (16) for channel, coastal and floodplain works (M33) and for natural flood management / runoff and catchment management (M31), refer to investigations of flood risk management measures and habitat creation that are in closer proximity to European sites. The measures, for example, are in the following broad locations:

 Alphin Brook to the west of Exeter and 6km upstream of the Exe Estuary SPA/Ramsar site and Exwick to the north of Exeter and approximately 5km upstream from the designated site;

 Clyst St Mary, Starcross and Cockwood, Topsham and Exeter all of which are in the general vicinity of the Exe Extuary SPA/Ramsar site;

 Seaton, which is in proximity to the Lyme Bay and Torbay SCI and Sidmouth to West Bay SAC;

 Metcombe and Newton Poppleford where the East Devon Pebblebeds SAC is in the wider vicinity;

 Withycombe with the Exmoor Heaths SAC in the wider area;

 Lympstone which is adjacent to the Exe Estuary SPA/Ramsar site;

 Dawlish Warren and Exmouth which are in direct proximity to the Dawlish Warren SAC and Exe Estuary SPA/Ramsar site; and

 Exe Estuary (intertidal habitat creation) and the Otter Estuary (managed realignment).

Most of the measures are seeking to address flooding from a range of sources including main river, ordinary watercourses, surface water and the sea. In several cases localised solutions are indicated, for example, the refurbishment of trash screens or repairs to an existing asset. However, for the majority the final solutions for the measures are not yet determined and subject to further investigation and appraisal. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

A further 14 measures are proposed by LLFAs and include the following:

Nine measures are from Devon County Council, of which two measures are screened out as they relate to flood prevention (M21, M23) with the rest screened in as they relate to flood protection. These include: 1 measures for water flow regulation (M32); 4 measures for channel, coastal and floodplain works (M33); and one measure for surface water

48 management (M34). Most of the measures are directed at tackling flooding from main river, ordinary watercourses and surface water, with only one measure focusing on coastal erosion (Branscombe) and Sidmouth on flooding from the sea. Apart from Feniton (8km to the nearest SAC), all the general locations indicated are in proximity to European sites as, for example: Branscombe is in direct proximity to Sidmouth to West Bay (SAC); Axminster Millbrook is located near to the River Axe SAC; Colaton Raleigh Flood Improvements is 2km downstream of East Devon Pebblebed Heaths SAC and East Devon Heaths SAC; Exeter is in the general vicinity of the Exe Estuary SPA/Ramsar site; the Sidmouth to West Bay SAC is directly along the coast north of Sidmouth; and Uplyme is 2km upstream of the coastal Lyme Bay and Torbay SCI and Sidmouth to West Bay SAC. Although as localised solution is indicated for Axminster with respect to upgrading a culvert, the final solutions for the remaining measures are subject to further investigation appraisal. Taking this into account and that the measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A), the measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Three measures are from East Devon District and all are screened in as they relate to flood protection (M3) and specifically to channel, coastal and floodplain works (M33). One measure is associated with Feniton to the west of Honiton and over 8km to the nearest SAC (East Devon Pebblebed Heaths SACand East Devon Heaths SAC) with no hydrological connection. A further two measures relate to updating the beach management plans for Seaton/Axmouth Harbour and for Sidmouth and seek to address flooding from the sea and coastal erosion. The locations are in close proximity to European sites (Lyme and Torbay SCI and Sidmouth to West Bay SAC). The precise detail of the measures will be informed by the update to the respective plans. The measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the associated works to be designed and implemented to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Two measures are from Exeter District Council and both are screened in as they relate to channel, coastal and floodplain works (M33) and to natural flood management / runoff and catchment management (M31). Both measures are in the general area of Exeter and seek to address flooding from main river plus ordinary watercourses and surface water. The Exe Estuary SPA/Ramsar site is to the south of Exeter. The final solutions for the measures are not yet determined and subject to further investigation and appraisal. The measures will also be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for

49 lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – East Devon CFMP

In total there are 13 measures derived from East Devon CFMP. Of these, 6 measures are screened out as they relate to flood prevention (M24) and preparedness for flood events (M41, M43).

Seven measures are screened in for further consideration as they relate to flood protection (M3). These include 3 measures for natural flood management / runoff and catchment management (M31); 3 measures for channel, coastal and floodplain works (M33); and 1 measure for other protection (M35).

The East Devon CFMP is one of 2 CFMPs within the East Devon management catchment; the other CFMP comprises the Exe CFMP. The East Devon CFMP protection measures included within the East Devon management catchment implement the policies of the CFMP, which were assessed by the East Devon CFMP HRA16. The CFMP HRA assessed potential effects on the following European sites within the management catchment: Beer Quarry and Caves SAC; East Devon Pebblebed Heaths SAC; River Axe SAC; Sidmouth to West Bay SAC; and East Devon Pebblebed Heaths SPA. The CFMP HRA concluded that the policies and actions within the CFMP were not likely to have a significant effect on the following sites: East Devon Pebblebed Heaths SAC; Beer Quarry and Caves SAC; Sidmouth to West Bay SAC; and the East Devon Pebblebed Heaths (SPA). The HRA identified likely significant effects on the River Axe SAC and an appropriate assessment was undertaken. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the site.

The East Devon CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans and projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations. Since the publication of the CFMP, projects arising out of the CFMP will also need to have regard to the SCI within the management catchment.

Existing plan measures – Exe CFMP

In total there are 23 measures derived from the Exe CFMP. Of these, 12 measures are screened out as they relate to flood prevention (M21, M23, M24) and preparedness for flood events (M43).

Eleven measures are screened in for further consideration as they relate to flood protection (M3). These include; 1 measure for natural flood management / runoff and catchment

16 East Devon CFMP, Environmental Report Appendix B, Appendix K Forms HR01, HR02 (2009)

50 management (M31); 7 measures for channel, coastal and floodplain works (M33); 1 measures for surface water management; and 2 measures for other protection (M35).

The Exe CFMP is one of 2 CFMPs within the East Devon management catchment; the other CFMP comprises the East Devon CFMP. The Exe CFMP protection measures included within the East Devon management catchment implement the policies of the CFMP, which were assessed by the Exe CFMP HRA17. The CFMP HRA assessed potential effects on the following European sites within the management catchment: Dawlish Warren SAC; East Devon Pebblebed Heaths SAC; East Devon Heaths SPA; Exe Estuary SPA/Ramsar site; Exmoor & Quantock Oakwoods SAC; and Exmoor Heaths SAC. The HRA identified likely significant effects for these sites and an appropriate assessment was undertaken. This concluded that there is not likely to be an adverse effect on the integrity of these sites.

The Exe CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans and projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations. Since the publication of the CFMP, projects arising out of the CFMP will also need to have regard to the SCI within the management catchment.

Existing plan measures – South Devon CFMP

Two measures are based on the South Devon CFMP, but are screened out as they both relate to flood risk prevention (M21).

Existing plan measures – North Devon CFMP

Existing plan measures - Durlston Head to Rame Head SMP2 (South Devon and Dorset)

In total 32 measures are derived from Durlston Head to Rame Head SMP (South Devon and Dorset). Of these, 21 measures are screened out as they relate to flood prevention (M21, M24) and preparedness for flood events (M41, M42, M43, M44). The remaining 11 measures are screened in for further consideration as they relate to flood protection (M3) and comprise: one measure for natural flood management / runoff and catchment management (M31); 9 measures for channel, coastal and floodplain works (M33); and one measure for other protection (M35). Over half of these measures relate to general ways of working, such as ensuring the consideration of nature conservation and heritage interests as

17 Exe CFMP, Environmental Report Appendix B, Annex A, Forms HR01 and HR02 (2009)

51 well as landscape character, and to general provisions such as undertaking periodic inspections and using the Regional Habitat Creation Programme to develop plans for mitigation/compensation.

The SMP covers the entirety of the coastline within East Devon management catchment and extends to the neighbouring catchments of South Devon and Dorset. With respect to the European sites within the East Devon management catchment, the HRA of the SMP18 considered further as part of the appropriate assessment the following sites within the catchment: Poole Bay to Lyme Bay cSAC; Sidmouth to West Bay SAC; Exe Estuary SPA/Ramsar site; Dawlish Warren SAC.

The appropriate assessment concluded that, providing avoidance measures are put in place (as set out in the HRA) the SMP as proposed can be shown to have no adverse effect on the integrity of the following European sites: Poole Bay to Lyme Bay Reefs cSAC and Dawlish Warren SAC in the medium and long-term.

The appropriate assessment, however, also concluded that the potential interest features, and hence the integrity, of some Euoprean sites may be adversely affected. With respect to sites within the East Devon management catchment the assessment concluded: uncertain effect on the integrity of the Sidmouth to West Bay SAC and a potentially adverse effect on the integrity of the Exe Estuary SPA/Ramsar site and Dawlish Warren SAC in the short-term.

The assessment identified that, in most cases, predicted adverse effects will be as a result of continued coastal squeeze against existing defences, resulting in the progressive loss of habitats and their associated species as a result of sea level rise against coastal defences. The assessment confirms that a study to quantify the potential habitat losses and gains will be carried out. Furthermore, Compensatory intertidal and dune habitat will be sought through the Regional Habitat Creation Programme (RHCP) to retain the ecological functionality of the European sites (where possible). Compensation for loss of cliff exposure will be provided by restoration (i.e. removal of defences) within or close to the designated sites, wherever possible.

As a consequence of the conclusion of the HRA of the potential for adverse effects on integrity of European sites, a Statement of Case for Imperative Reasons of Over-riding Public Interest (IROPI) was submitted to the Defra Secretary of State and subsequently approved.

Proposed mitigation: Exe Estuary Flood and Coastal Erosion Risk Management Strategy was published in May 201419 and covers the whole of the Exe Estuary, from Exmouth and Dawlish to Exeter, including adjacent coastline between Holcombe and Sandy Bay (Straight Point). The Strategy identifies how the Environment Agency and partners will manage tidal flood risk and erosion in and around the Exe Estuary in Devon, with an emphasis on the years up to 2030. The strategy concludes that the Environment Agency and partners should continue to defend most of the developed coastline, although some defences may need

18 South Devon and Dorset SMP2, Appendix J Appropriate Assessment (HR01; HR02; IROPI Case) (June, 2011) http://www.sdadcag.org/docs/html/frameset.htm

19 Exe Estuary Flood and Coastal Erosion Risk Management Strategy (May, 2014) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421989/ExeStrategyBr ochure06_Final.pdf

52 moving or altering. The Exe Strategy was subject to a HRA20 which considered potential effects on the Exe Estuary SPA/Ramsar and Dawlish Warren SAC. The HRA Screening report concluded that the draft Exe Estuary FCERM Strategy had the potential to have significant effects on the European Sites considered (Dawlish Warren SAC and the Exe Estuary SPA and Ramsar site) and these effects would be considered further through an Appropriate Assessment. The Appropriate Assessment concluded that adverse effects on Dawlish Warren SAC can be avoided through appropriate mitigation measures, although it was not possible to conclude that the Strategy will not have adverse effect on the integrity of the Exe Estuary SPA/Ramsar site. As a consequence of this a Statement of Case for Imperative Reasons of Overriding Public Interest was submitted to the Secretary of State, which also included proposed compensatory habitat (intertidal) creation together with improvements in terrestrial and freshwater habitats in the area.

Existing plan measures – Exe Flood and Coastal Risk Management Strategy

One measure relates to the completion and publication of the Exe Flood and Coastal Erosion Risk Management Strategy and is not considered further as it relates to flood prevention (M24). [As confirmed above in relation to the Durlston Head to Rame Head SMP2 (South Devon and Dorset) the Exe Strategy has since been published].

Existing plan measures – Devon County Council Local Flood Risk Management Strategy

A total of 31 measures are derived from the Devon County Council LFRMS. Of these 13 measures screened out as they relate to flood prevention (M21, M24), preparedness for flood events ((M41, M43, M44).

Eighteen measures are screened in for further consideration as relate to flood protection (M3). These include: 2 measures for waterflow regulation; 12 measures for channel, coastal and floodplain works (M33); 3 measures for surface water management; and 1 measure for other protection (M35).

20 Exe Estuary Flood and Coastal Erosion Risk Management Strategy HRA Screening Report (2012) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/292814/LIT_8613_3fd4 d1.pdf

4.2.4.8 South and West Somerset Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 14 11 20 68 53

Within the South and West Somerset management catchment there are 14 European sites comprising: 10 SACs; 2 SPAs; and 2 Ramsar sites21. The Severn Estuary SAC/SPA/Ramsar site extends to the northern part of coastal area of the management catchment in the area of Burnham-on-Sea. The majority of the designated sites, however, are located in the centre and towards the north western boundary of the management catchment. The extensive complex of sites comprising the Somerset Levels & Moors SPA/Ramsar site occur to the south of Wells and extending south to Othery, Langport and Yeovil. Other composite sites in this area include the Mendip Grasslands SAC, Mendip Woodlands SAC, and North Somerset and Mendip Bats SAC. West of Minehead the Exmoor Heaths SAC forms another extensive complex of sites. Smaller groups of designated sites include Exmoor and Quantock Oakwoods (SAC) to the north of the catchment. Discrete sites within the catchment include Bracket's Coppice SAC to the south of Yeovil, Quants SAC to the south of Taunton and to the east Holme Moor and Clean Moor SAC and to the north Hestercombe House SAC.

In total there are 152 measures for the South and West Somerset management catchment. Most of the measures (121) are derived from existing plans with only 31 new measures as part of the FRMP.

New Measures

A total of 31 new measures are from the Environment Agency as part of the FRMP. Of these 20 measures are screened out as they relate to flood prevention (M21, M23), preparedness for flood events (M41, M42, M43, M44) and to recovery and review (M53). The remaining 11 measures are screened in for further consideration and comprise: 1 measure relating to water flow regulation (M32); 6 measures relating to channel, coastal and floodplain works (M33); 2 measures for surface water management (M34); and 2 measures identified as other protection (M35).

Four measures of these protection measures are in general locations at a distance from European sites. The measures are primarily seeking to address flooding from surface water, although flooding from main river is also referenced in one case. The measures are associated with the following locations:

 Durleigh - located on the south western edge of Bridgwater with the nearest European site the Severn Estuary SAC/SPA/Ramsar site over 7km to the north of Bridgwater;

21 Severn Estuary SAC/SPA/Ramsar site; Somerset Levels & Moors SPA/Ramsar site; Bracket's Coppice SAC; Mendip Limestone Grasslands SAC; Mendip Woodlands SAC; North Somerset & Mendip Bats SAC; Exmoor & Quantock Oakwoods SAC; Exmoor Heaths SAC; Hestercombe House SAC; Holme Moor & Clean Moor SAC; Quants SAC

 Bruton – with the nearest European site over 10km to the north, Mendip Woodlands SAC;  Watchet – the nearest European site is over 6km inland to the south east (Exmoor & Quantock Oakwoods SAC) and not hydrologically connected; and  Washford – located just to the south of Watchet with the nearest European site over 6km inland to the south east (Exmoor & Quantock Oakwoods SAC) and not hydrologically connected.

The final solutions for the measures are not yet determined and will be subject to further investigation and appraisal, whilst in the case of Washford a localised solution is indicated associated with the maintenance of an existing scheme. Given the distances to European sites, lack of hydrological connectivity and that the measures will be subject to project level controls through the relevant consenting process, the measures are not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

The remaining new measures (7) for channel, coastal and floodplain works (M33), other protection (M35) and water flow regulation (M32), refer to investigations of flood risk management measures that are in closer proximity to European sites. The measures, for example, are in the following broad locations:

 Weston-super-Mare – with the Severn Estuary SAC/SPA/Ramsar site extending along the coast in this general area;  Bathpool – located on the north eastern edge of Taunton with the closest European site over 4km to the east and comprising one of the complex of sites designated under the Somerset Levels and Moors SPA and Ramsar site;  Langport (2 measures) - in the surrounding area there are a number of sites designated as part of the Somerset Levels and Moors SPA and Ramsar site, with the nearest within 2km of Langport;  Bridgwater – the Severn Estuary SAC/SPA/Ramsar site is approximately 4km downstream on the River Parrett and in the wider area (generally over 5km) there are a number of sites designated as part of the Somerset Levels and Moors SPA and Ramsar site;  Highbridge - located to the south of Burnham-on-Sea and in close proximity (within 1km) to the Severn Estuary SAC/SPA/Ramsar site;  Allerford and Bossington - the general area indicated is in close proximity to the Exmoor Heaths SAC (within 1km) and further to the west the Exmoor & Quantock Oakwoods SAC.

The measures are seeking to address flooding from a range of sources, including main river and the sea. In several cases localised solutions are indicated, for example, working with partners to improve flood defences during the redevelopment of sites. The final scope, content and location of the measures, however, have not yet been defined and the measures will be subject to further investigations and appraisals. All the measures will also be subject to project level controls through the relevant consenting process with the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites.

These measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – North and Mid Somerset CFMP

Two measures are derived from North and Mid Somerset CFMP and screened out of further consideration as they relate to flood risk preventions (M2) and preparedness for flood risk (M41).

Existing plan measures – Parrett CFMP

In total 15 measures are from the Parrett CFMP, of which 11 are screened out as they relate to flood risk prevention (M21; M23, M24) and preparedness for flood events (M41; M42; M43; M44). Four measures are screened in and comprise 2 measures for channel, coastal and floodplain works (M33), 1 measure for other protection (M35) and 1 measure identified as other M61. The protection measures included within the South and West Somerset management catchment implement the policies of the CFMP, which were assessed by the Parrett CFMP HRA22. Potential effects on the following European sites were screened out as no likely significant effects could be identified as a result of policies in the CFMP: Bracket’s Coppice SAC; Hestercombe House SAC; Holme Moor and Clean Moor SAC; Quants SAC; and the Severn Estuary SPA. However, likely significant effects were identified for the Somerset Levels and Moors SPA and Ramsar sites and the Severn Estuary cSAC and Ramsar site and for these sites an appropriate assessment was undertaken. Overall, the HRA concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the European sites.

Proposed mitigation: The appropriate assessment of the CFMP identified mitigation measures to be taken to ensure that significant adverse effects on the integrity of these sites can be avoided. The Parrett CFMP (Appendix B) provides a summary of the mitigation measures.

Existing plan measures – Hartland Point to Anchor Head SMP2

In total 66 measures are derived from Hartland Point to Anchor Head SMP2. Of these 21 measures are screened out of further consideration in the assessment as they relate to flood prevention (M24) and preparedness for flood events (M41, M42, M43, M44).

Forty five measures are screened in for further consideration as they relate to flood protection (M3) or other (M6). These measures include: 1 measure for natural flood management / runoff (M31); 15 measures for channel, coastal and floodplain works (M33); 1 measure for surface water management; 12 measures for other protection (M35); and 16 measures identified as ‘other’ M61. This latter set of measures primarily relates to general activities such as: engaging with partners; undertaking studies to inform future management; ensuring references and linkages to existing strategic studies and objectives such as the RBMP and WFD objectives; improved data monitoring and collation; and ways of workings such as considering heritage and nature conservation interests. The other protection

22 Parrett CFMP, Appendix B Environmental Report, Forms HR01 and HR02 (2009)

56 measures (M3) refer to a range of flood and coastal erosion risk management activities such as: monitoring; reviewing the condition of assets and developing Asset Management Plans; engaging with partners with regard to adaptation plans and funding; undertaking studies to inform understanding and future management decisions; and building in incremental adaptation to beach and defence management to manage risks from sea level rise. A small sub-set of protection measures refer to:

 investigating potential flood risk management measures in the area of Weston-Super- Mare in line with the Severn Estuary Flood Risk Management Strategy;  the continuation of beach recycling and dune management in the area of Weston-super- Mare; and  undertaking a study to establish the possible effects of a managed realignment of the Axe Estuary.

The first two groups of measures can be related to the SMP Policy Units 7e05-06 [Uphill to Weston-super-Mare (Anchor Head)]. The preferred policies within these units are hold the line for Weston-super-Mare over the short to longer term, and for Uphill to Weston-super- Mare (south) for managed realignment over the similar period.

The measure for investigating opportunities for managed Realignment in the Axe Estuary relates to SMP Policy Units 7e02-7e04 (Axe Estuary). The preferred policies within these units (covering the Axe Estuary) are hold the line and or managed realignment varying over the short, medium and longer term.

The effects of the implementation of the policies of the SMP2 have been assessed by the Hartland Point to Anchor Head SMP2 HRA23. For the plan as whole the HRA concluded that there would be a potentially adverse effect on the Severn Estuary SAC/SPA/Ramsar site and a potentially adverse effect on the Somerset Levels and Moors SPA/Ramsar site (within the South West RBD). In conjunction with the Anchor Head to Lavernock Point SMP (Severn Estuary Shoreline Management Plan Review ( SMP2), the Hartland Point to Anchor Head SMP2 is currently subject to a Statement of Case (SoC) for Imperative Reasons of Over-riding Public Interest (IROPI) and outline compensatory habitat proposals, which is under review by the Defra Secretary of State and Welsh Minster for agreement.

Proposed Mitigation: Pending sign off of the SMP it, nevertheless, provides a strategic direction for managing coastal flood risk, on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this SMP to show it and they have met the requirements of the Habitats Regulations. Compensatory habitat will also be delivered through the Habitat Delivery Plan of the Severn Estuary Coastal Erosion and Flood Risk Management Strategy (SEFRMS).

The emerging SEFRMS provides an overarching framework within which individual flood risk management projects will be further assessed in detail before implementation. This includes any requirement for Environmental Impact Assessment as well as any further requirement for HRA. HRAs will be undertaken for specific development proposals associated with this strategy in any case where they might affect a European site. HRAs of proposed projects may ultimately influence the implementation of specific policies on a site by site basis.

23 Shoreline Management Plan Review (SMP2), Hartland Point to Anchor Head (2010), Appendix J Appropriate Assessment.

A Statement of Case (SoC) for Imperative Reasons of Over-riding Public Interest (IROPI) and outline compensatory habitat proposals for the emerging SEFRMS is currently being developed for submission to the Defra Secretary of State and Welsh Minster for agreement.

The SEFRMS includes a Habitat Delivery Plan which includes the identification of areas for compensatory habitat for offsetting losses of intertidal habitat due to coastal squeeze and for offsetting losses of designated habitats resulting from the construction of new or enlarged defences around the estuary. The Strategy has identified sufficient amounts of compensatory habitat can be created to offset the intertidal habitat losses that will occur as a direct result of the Strategy. Two habitat creation projects are complete: Stroat (including Alvington & Plusterwine) and Steart. The latter will deliver 237 Ha of intertidal habitat in the short term meeting the first epoch habitat losses. Another project (Congresbury Yeo) is in progress and will deliver 11 Ha of habitat.

It is planned the Regional Habitat Creation Project (RHCP) and NE/NRW site condition monitoring will monitor the functionality of newly created habitat and its compensation for lost habitat. The extent of medium and long term compensatory habitats needed will be monitored and reviewed through the Strategy’s monitoring plan and the RHCP with further compensatory sites being advanced as needed, based on climate change and sea level rise predictions and on-going discussions with landowners and others.

Existing plan measures - Somerset Local Flood Risk Management Strategy

A total of 13 measures are derived from Somerset Local Flood Risk Management Strategy of which 9 screened out of further consideration in the assessment as relate to flood prevention (M21, M23), preparedness for flood events (M42, M43) and M1 (referring to consultation in general terms with RMAs).

Four measures are screened in for further consideration as they relate to flood protection (M3). These measures include: one measure for surface water management (M34); one measure for other protection (M35) and water flow regulation (M32); two measures for natural flood management / runoff and catchment management (M31).

The HRA for the Somerset LFRMS24 recommends measures to ensure the actions from the LFMS comply with the requirements of the Habitats Regulations and are not likely to have significant effects on European Sites.

Existing plan measures – North Somerset LFRMS

A total of 21 measures are derived from the North Somerset LFRMS. Of these measures 10 are screened out as they relate to flood risk prevention (M24, M23) and recovery and review (M53).

The remaining 11 measures are screened in as they relate to flood protection (M3). These measures comprise: 2 measures for natural flood management / runoff and catchment (M31); 3 measures for channel, coastal and floodplain works (M33); 5 measures for surface water management (M34); and 1 measure for other protection (M35). North Somerset Council has undertaken a HRA of the LFRMS (July, 2013). The following European sites

24 Somerset County Council Local Flood Risk Management Strategy, Habitats Regulation Assessment (Test of Likely Significance( (November, 2013)

58 were considered: Avon GorgeWoodlands SAC; Chew Valley Lake Spa; Mells Valley SAC; Mendip Limestone Grasslands SAC; Mendip Woodlands; North Somerset and Mendip Bats SAC; Severn Estuary SAC/SPA/Ramsar site; Somerset Levels SPA/Ramsar site. The HRA concluded that the following sites were unlikely to require further assessment: Avon Gorge Woodlands SAC; Chew Valley Lake SPA; Mells Valley SAC; Mendip Limestone Grasslands SAC; Mendip Woodlands SAC; and Somerset Levels and Moors SPA/Ramsar site. Effects on the Severn Estuary designations were also considered to be either positive or ‘de minimis’ negative. In order to ensure no likely significant effect on European sites, the HRA advises that project level assessment HRA is undertaken for any schemes in Claverham, Congresbury East, Hutton, Winscombe and Wrington, due to potential effects on the grassland and woodland qualifying interests of the North Somerset and Mendip Bats SAC.

Existing plan measures – North Somerset SWMP

A total of 3 measures are derived from the North Somerset SWMP. All measures are screened in as they relate to flood risk protection (M3) and refer to surface water management (M34) and seeking to address surface water flooding and or from ordinary watercourses. For HRA purposes the LLFA made reference to the HRA of the LFRMS (see above) and included a commitment to undertake project level HRA.

Existing plan measures – Multi Agency Plans

One measure (M33) is derived from the planning process associated with Hinkley C power station and refers to investigating the potential for improved flood defence scheme for coastal flooding in the general area of Stolford/Lilstock. The measure is screened in for consideration. The Severn Estuary SAC/SPA/Ramsar site extends along the coast and the River Parrett in this general area. The final scope, content and location of the measure have not yet been defined and will be subject to further investigation and appraisal. The measure will also be subject to project level controls through the relevant consenting process with the consideration of project level HRA (see Table A3, Annex A). This will enable any associated project/scheme to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measure is therefore not likely to lead to significant effect on European sites.

4.2.4.9 Dorset Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 23 3 4 21 27

Within the Dorset management catchment there are 23 European sites comprising: 13 SACs; 2 SCIs; 4 SPAs; and 4 Ramsar sites25. A significant proportion of these sites are

25 Chesil Beach & the Fleet SAC/SPA/Ramsar site; Avon Valley SPA/Ramsar site; Dorset Heathlands SPA/Ramsar site; Poole Harbour SPA/Ramsar site; Crookhill Brick Pit SAC; Cerne & Sydling Downs SAC; Dorset Heaths (Purbeck & Wareham) & Studland Dunes SAC; Fontmell & Melbury Downs SAC; Isle of Portland to Studland Cliffs SAC; St Albans Head to Durlston Head SAC; Rooksmoor SAC; Sidmouth to West Bay SAC;

59 associated with coastal areas of the management catchment, such as Chesil Beach & the Fleet SAC/SPA/Ramsar, Lyme Bay and Torbay SCI, Studland to Portland SCI, Isle of Portland to Studland Cliffs SAC, Dorset Heaths (Purbeck & Wareham) & Studland Dunes SAC, Sidmouth to West Bay SAC and Poole Harbour SPA/Ramsar site. The Dorset Heaths SAC and Dorset Heathlands SPA/Ramsar form a particular concentration of sites in the area of Bournemouth, Poole and Wareham and extending to the eastern border of the management catchment. North of Dorcester the Cerne and Sydling Downs SAC forms a similar complex of sites towards to the north west of the management catchment.

In total there are 55 measures for the Dorset catchment. The vast majority (48) of these are derived from existing plans with only 7 new measures as part of the FRMP.

New Measures

Seven measures are from the Environment Agency. Four of these measures are screened out as they relate to flood prevention (M23) and preparedness for flood events (M42).

Three measures are screened in for further consideration as they relate to flood protection (M3), with all identified as channel, coastal and floodplain works (M33). Two measures refer to investigations of options for flood risk management measures in Bridport and West Bay, whilst one measure refers to partnership working in the general area of Weymouth for the future delivery of strategic flood risk management measures. The two measures for Weymouth and West Bay are seeking to address flooding from the sea, whilst the measure for Bridport is aimed at tackling flooding from main river.

The general locations of these measures are in potential proximity (within 3km) to several coastal European sites, including Lyme and Torbay SAC, Sidmouth to West Bay SAC, Chesil Beach & the Fleet SAC/SPA/Ramsar site and Isle of Portland to Studland Cliffs SAC. The final solutions for the measures, however, are not yet determined with the measures subject to further investigation and appraisal. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – Dorset Stour CFMP

Thirteen measures are drawn from the Dorset Stour CFMP. Six of the measures are screened out as they relate to flood prevention (M21) and preparedness for flood events (M41, M42, M43, M44). Seven measures are screened in for further consideration as they relate to flood protection (M3). These measures include: 1 measure referring to channel,

West Dorset Alder Woods SAC; Dorset Heaths SAC; River Avon SAC; Holnest SAC; Lyme Bay and Torbay SCI; Studland to Portland SCI

60 coastal and floodplain works (M33) and other protection (M35); and 6 measures referring to other protection (M35).

The Dorset Stour CFMP is one of three CFMPs covering the Dorset management catchment; the other CFMPs comprise the West Dorset CFMP and the Frome & Piddle CFMP. The Dorset Stour CFMP protection measures included within the Dorset management catchment implement the policies of the CFMP, which were assessed by the Dorset Stour CFMP HRA26. The CFMP HRA assessed potential effects on the following European sites within the management catchment: Dorset Heaths SAC; Dorset Heathlands SPA/Ramsar site; Holnest SAC; Rooksmoor SAC; and Fontmell and Melbury Downs SAC.

The CFMP HRA concluded that the policies and actions within the CFMP were not likely to have a significant effect on Rooksmoor SAC and Fontmell and Melbury Downs SAC. For the remaining sites, an appropriate assessment was undertaken and this concluded that the policies and actions within the CFMP will not have an adverse effect on their integrity.

The Dorset CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put in to effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations. Since the publication of the CFMP, projects arising out of the CFMP will also need to have regard to the SCI within the management catchment.

Existing plan measures – Frome and Piddle CFMP

Sixteen measures are derived from the Frome and Piddle CFMP. Of this total, 7 measures are screened out as they relate to flood prevention (M21) and preparedness for flood events (M41, M42, M43, M44). Nine measures are screened in for further consideration as they relate to flood protection (M3). These measures include: 2 measures for natural flood management / runoff and catchment management (M31); 2 measures referring to channel, coastal and floodplain works (M33); 3 measures for other protection (M35); and 2 measures for channel, coastal and floodplain works (M33) and other protection (M35).

The Frome and Piddle CFMP is one of three CFMPs covering the Dorset management catchment; the other CFMPs comprise the West Dorset CFMP and the Dorset Stour CFMP. The Frome & Piddle CFMP protection measures included within the Dorset management catchment implement the policies of the CFMP, which were assessed by the Frome & Piddle CFMP HRA27.

The CFMP HRA concluded that the policies and actions within the CFMP were not likely to have a significant effect on the following European sites within the management catchment:

26 Dorset Stour CFMP, Environmental Report Appendix B, Annex B, Forms HR01 and HR02 (2009) 27 Frome & Piddle CFMP, Environmental Report Appendix B, Annex B, Forms HR01 and HR02 (2009)

Cerne and Sydling Downs SAC; Dorset Heathlands SPA/Ramsar site; Dorset Heaths SAC; Heaths (Purbeck and Wareham) and Studland Dunes SAC; Isle of Portland to Studland Cliffs SAC; St Albans Head to Durlston Head SAC; and West Dorset Alder Woods SAC. The HRA identified likely significant effects on the Poole Harbour SPA/Ramsar site and therefore an appropriate assessment was undertaken. This concluded that the policies and actions within the CFMP will not have an adverse effect on the integrity of the sites.

The Frome & Piddle CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations. Since the publication of the CFMP, projects arising out of the CFMP will also need to have regard to the SCI within the management catchment.

Existing plan measures – West Dorset CFMP

Nine measures are drawn from the West Dorset CFMP, of which 7 measures are screened out as they relate to flood prevention (M21, M24) and preparedness for flood events (M41, M42, M43, M44). Two measures are screened in for further consideration as they relate to flood protection (M3), with both identified as other protection (M35).

The West Dorset CFMP is one of three CFMPs covering the Dorset management catchment; the other CFMPs comprise the Frome & Piddle CFMP and the Dorset Stour CFMP. The West Dorset protection measures included within the Dorset management catchment implement the policies of the CFMP, which were assessed by the West Dorset CFMP HRA28. The CFMP HRA assessed potential effects on the following European sites within the management catchment: Chesil and the Fleet SAC/SPA/Ramsar site; Crookhill Brick Pit SAC; Isle of Portland to Studland Cliffs SAC; Sidmouth to West Bay SAC; and West Dorset Alder Woods SAC. The CFMP HRA concluded that the policies and actions within the CFMP were not likely to have a significant effect on these sites.

There is some uncertainty as to the conclusions of the HRA and hence as a precautionary approach the two retained measures from the CFMP are considered further. The two measures refer in general terms to:

 the use and update as necessary of System Asset Management Plans (SAMPs) in order to assess appropriate maintenance regimes of existing flood defence assets; and  working with partner organisations to identify and investigate options to improve the flood resilience of critical infrastructure.

At this stage the measures lack detail with regards to the precise nature of the actions and the specific locations that will be affected. The measures will be subject to further

28 West Dorset CFMP, Environmental Report Appendix B, Annex B, Form HR01 (2008)

62 investigation and appraisal. They will also need to adhere to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites.

Existing plan measures - Durlston Head to Rame Head SMP2 (South Devon and Dorset)

Five measures are drawn from the Durlston Head to Rame Head SMP. Three of these measures are screened out as they relate to preparedness for flood events (M42, M44). Two measures are screened in for further consideration as they relate to flood protection (M3) and both to channel, coastal and floodplain works (M33). The measures refer in general terms to developing options to improving the flood and coastal defences in Weymouth and Weymouth Bay and Portland.

The SMP covers the majority of the coastline within the Dorset management catchment. With respect to the European sites within the Dorset management catchment, the HRA of the SMP29 determined that the policies in the plan would not lead to a significant adverse effect on the Crookhill Brick Pit SAC and the Chesil Beach and The Fleet SPA/Ramsar site. The subsequent appropriate assessment concluded that, providing avoidance measures are put in place (as set out in the HRA) the SMP as proposed can be shown to have no adverse effect on the integrity of the following European site within the management catchment: Poole Bay to Lyme Bay Reefs cSAC in the medium and long-term. The appropriate assessment, however, also concluded that the potential interest features, and hence integrity, of some European sites may be adversely affected. With respect to sites within the Dorset management catchment the assessment concluded: uncertain effect on the integrity of the Isle of Portland to Studland Cliffs SAC, Chesil Beach and the Fleet SAC and Sidmouth to West Bay SAC.

Proposed mitigation: For the SMP as a whole and its supporting action plan the Regional Habitat Creation Programme (RHCP) provides the main framework for securing suitable compensatory habitat.

Existing plan measures - Hurst Spit to Durlston Head SMP2 [Poole and Christchurch Bays]

Five measures are drawn from the Hurst Spit to Durlston Head SMP2. Four measures are screened out as they relate to flood prevention (M24) and preparedness for flood events (M44). One measure is screened in for further consideration as it relates to flood protection (M3) and refers to other protection (M35) with reference to implementing the preferred options from the Poole and Wareham Strategy.

29 South Devon and Dorset SMP2, Appendix J Appropriate Assessment (HR01; HR02; IROPI Case) (June, 2011) http://www.sdadcag.org/docs/html/frameset.htm

The HRA30 of the SMP concluded that the policies of the plan could have an adverse effect on the integrity of the following European sites: Dorset Heathlands SPA; Dorset Heaths SAC; Poole Harbour SPA/Ramsar; Dorset Heaths (Purbeck and Wareham) and Studland Dunes SAC; and the Solent and Southampton Water SPA and Solent Maritime SAC both of which are with the South East RBD. As a consequence of this a Statement of Case of Imperative Reasons of Over-riding Public Interest (IROPI) was submitted to the Defra Secretary of State. This included compensatory habitat requirements identified by the appropriate assessment.

The supporting Poole and Wareham Flood and Coastal Erosion Risk Management Strategy was tasked further developing the policy options from the SMP as well as with further clarifying and identifying the required compensatory habitat. The HRA for the Strategy31 was unable to conclude that the strategy will not have an adverse effect on the integrity of the Poole Harbour SPA and the Poole Harbour Ramsar site. As such, a Statement of Case of Imperative Reasons of Over-riding Public Interest (IROPI) was submitted to the Defra Secretary of State together with proposed compensatory habitat requirements.

The Poole and Wareham flood and coastal erosion risk management strategy was adopted in April 201532. The strategy sets out how the Environment Agency will manage flood and coastal erosion risks for the whole of Poole Harbour and Wareham, and the coastlines of Poole Bay, Studland Bay, Swanage Bay and Durlston Bay including Bournemouth and Swanage. Projects to deliver compensatory habitat to meet the required first epoch have been identified and are currently being progressed by the Environment Agency as part of the 6 year Medium Term Programme.

4.2.4.10 Avon Hampshire Management Catchment European New measures Existing plan measures sites Screened in Screened out Screened in Screened out 17 2 1 4 8

Within the Avon Hampshire management catchment there are 17 European sites comprising: 9 SACs; 5 SPAs; and 3 Ramsar sites33. The Salisbury Plain SAC/SPA covers an extensive area in the north of the management catchment, whilst the New Forest SAC/SPA/Ramsar site extends across the eastern border of the catchment. The River Avon SAC is a significant linear designation along the River Avon and its tributaries and extending north to south throughout the management catchment. The Avon Valley SAC/SPA/Ramsar site is another extensive linear designation that extends from Fordingbridge to Christchurch in the south of the management catchment. Other European sites, such as the Dorset

30 Poole and Christchurch Bays SMP2, HRA Appendix J (2010) http://www.twobays.net/smp2.htm 31 Poole and Wareham Flood and Coastal Erosion Risk Management Strategy Habitats Regulation Assessment (July, 2013) 32 Poole and Wareham flood and coastal erosion risk management strategy (2015) https://www.gov.uk/government/publications/poole-and-wareham-flood-and-coastal-erosion-risk- management-strategy

33 Avon Valley SPA/Ramsar site; Dorset Heathlands SPA/Ramsar site; New Forest SAC/SPA/Ramsar site; Porton Down SPA; River Avon SAC; Chilmark Quarries SAC; Fontmell & Melbury Downs SAC; Great Yews SAC; Pewsey Downs SAC; Prescombe Down SAC; Salisbury Plain SPA/ SAC; Dorset Heaths SAC

Heathlands SPA/Ramsar site, Porton Down SAC and Pewsey Downs SAC, typically form a complex of sites along the eastern and western borders of the management catchment.

In total there are 15 measures for the Avon Hampshire management catchment. The majority of these measures (12) are drawn from existing plans with only 3 new measures as part of the FRMP.

New Measures

The 3 new measures are from the Environment Agency, of which one is screened out as it relates to flood prevention (M23).

Two measures are screened in for further consideration as they relate to flood protection (M3). Both measures comprise investigations of potential flood risk management / alleviation measures at Tisbury (Wiltshire) and Christchurch; the former seeking to address flooding from main river and the latter from the sea.

The general locations of these measures are potentially in proximity to European sites, although it is difficult to predict potential impacts. Tisbury is located approximately 1.5km upstream of the River Avon SAC, whilst European sites in the general area of Christchurch include the River Avon SAC, Avon Valley SPA/Ramsar site, Dorset Heaths SAC and Dorset Heathlands SPA. The final solutions for the measures, however, are not yet determined with both subject to further investigation and appraisal. The FRMP does not constrain how or where measures are implemented. The measures, however, will be subject to project level controls through the relevant consenting process and the associated requirement for the consideration of project level HRA (see Table A3, Annex A). This will enable the projects to be designed to avoid or adequately mitigate for any adverse effects on European sites. The measures are therefore not likely to lead to significant effect on European sites. This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it influence the conclusions or specific need for appropriate assessment to investigate mitigation options in more detail.

Existing plan measures – Hampshire Avon CFMP

Ten measures are drawn from the Hampshire Avon CFMP, of which 6 are screened out as they relate to flood prevention (M21) and preparedness for flood events (M41, M42, M43, M44). Four measures are screened in for further consideration as they relate to flood protection (M3).

The Avon Hampshire management catchment is within the Hampshire Avon CFMP. The boundaries of the management catchment align with those of the CFMP. The CFMP protection measures included within the Avon Hampshire management catchment implement the policies of the CFMP, which were assessed by the Hampshire Avon CFMP HRA34.

The Hampshire Avon CFMP HRA assessed potential effects on the following European sites within the management catchment: River Avon SAC; Salisbury Plain SAC/SPA; Chilmark Quarries SAC; Dorset Heaths/Heathlands SAC/SPA/Ramsar site; New Forest

34 Hampshire Avon CFMP, Environmental Report Appendix B, Annex B, Forms HR01 and HR02 (2009)

SAC/SPA/Ramsar site; and Avon Valley SPA/Ramsar site. The HRA concluded that the policies and actions within the CFMP were not likely to have a significant effect on Chilmark Quarries SAC. For the remaining sites, an appropriate assessment was undertaken and this concluded that the policies and actions within the CFMP will not have an adverse effect on their integrity.

Proposed mitigation: The avoidance measures identified in the appropriate assessment ensure that the CFMP policies can be implemented without adverse effects on the integrity of European sites. The results of the assessment and avoidance measures are summarised in the CFMP Environmental Report and Habitats Regulation Assessment (Appendix B, Annex B).

The Hampshire Avon CFMP has been signed off as setting the strategic direction for managing flood risk in the catchment on the basis that it cannot be put into effect until more detailed appraisal and assessment has taken place on plans or projects arising out of this CFMP to show it and they have met the requirements of the Habitats Regulations.

Existing plan measures - Hurst Spit to Durlston Head SMP2 [Poole and Christchurch Bays]

Two measures are derived from the Hurst Spit to Durlston Head SMP2. Both of these measures are screened out from further consideration as they relate to flood prevention (M24) and preparedness for flood events (M44).

4.3 Consideration of results and conclusion The assessment of likely significant effects has been carried out for each catchment in turn. The risks to European Sites for those measures drawn from existing plans have been considered together with reference to existing HRAs and existing controls in place. The potential risks arising from new strategic priorities for the next FRMP cycle have also been considered.

In all catchments the conclusions are that likely significant effects can be avoided or mitigated by appropriate controls and actions that are currently in place or will be in place at a project level, when local actions are developed to implement the plan.

4.3.1 Risks from existing plan measures 34% of measures are from existing plans, of which 17% are from CFMPs and 10% from SMPs. Most risks are from SMP measures where adverse effects identified in the SMP HRA for specific policy areas are being addressed.

All risk management authorities responsible for implementing the measures in the FRMP that are sourced from the existing CFMPs and SMPs, where risks to Europeans sites have been identified, need to take account of the HRAs of those plans (as identified in section 4.2 above) and any mitigation proposals or statements made within them. Most risks to European Sites that are being addressed by existing plans relate to the (10%) measures in SMPs, and more specifically where the SMP is managing likely adverse effects, such as in the catchments of South Devon, East Devon, South and West Somerset and Dorset.

4.3.2 Risks from new measures 23% of measures are new, of which 5% are strategic, 6% are not in proximity to any European Sites and 12% are more specific improvements that are in proximity to sites. The most likely risks will be related to the development of local actions for the specific improvements in the next FRMP cycle. New measures can be found in all the catchments, although with particular concentrations in the South Devon, North Devon, East Devon and West Cornwall and the Fal catchments. The future strategic measures may also present a risk depending on where they are implemented.

4.3.3 Control and Mitigation for main risks from new cycle 1 measures Controls The principal controls for the development of local actions from new FRMP measures that are more specific and are in the proximity of European Sites comprise the consenting procedures, in place to assess proposed actions in order to authorise implementation. Actions involving construction or creation of new, or changes to, alteration or improvement of existing flood defence structures affecting main river are likely to require planning permission. In some cases, flood risk management may ordinarily be permitted development. Other types of actions may require controls under Flood Defence Consents from the Environment Agency for main rivers or Lead Local Flood Authority (LLFA) for non- main watercourses.

Where a European site is potentially affected, the need for project level HRA is determined through the planning process, the required information is submitted with the planning application, with the assessment being the responsibility of the local planning authority as competent authority. A determination is made in consultation with Natural England (and Natural Resources Wales where Welsh sites are potentially affected). Even where the action would normally be permitted development, approval of the local planning authority is required where a development is likely to have a significant effect on a European site.

As part of these consenting mechanisms, the measures cannot receive approval to proceed until it has been demonstrated that they will not result in adverse effects on integrity of any affected European sites. Or, where an adverse effect cannot be avoided, a case for ‘Imperative Reasons of Overriding Public Interest’ (IROPI) that includes the identification of compensatory measures is approved by the Secretary of State for Environment, Food and Rural Affairs. Table A3 in Annex A provides additional detail on the consenting processes and the consideration of the Habitats Regulations as they relate to measures to address flooding from the various flooding sources (e.g. main river, ordinary watercourses, tidal, reservoir).

Mitigation Implementation of measures at the subsequent tier of plan or project, if deemed likely to result in significant effect on one or more European sites, may need to include mitigation to avoid or reduce potential effects. Specification of mitigation should be tailored to the specifics of a project, and to the sites and features potentially affected, through the project level HRA process and through consultation with Natural England (and Natural Resources Wales where Welsh sites are affected), ideally early in a project’s appraisal and design. That way, mitigation can be incorporated into the way that the project is designed and built,

tailored to the specifics of the site/s and their qualifying features, and therefore be most effective in avoiding or reducing potential adverse effects. Project-level mitigation for European site species would consider the potential impacts arising from construction and operation of the project / measure, alongside any site specific sensitivities of the affected species. Depending on the nature of the project, identification of the use of habitats in proximity by qualifying species and the functioning role of those supporting habitats affected, may either be established by existing data / studies or may need to be established through site survey. Construction-related mitigation should consider managing the timing of activities to avoid ecologically sensitive periods, such as breeding, over-wintering or migratory passage periods for birds, or migratory periods for anadromous fish. The exact timings for these construction ‘windows’ may vary for different sites in the RBD, depending on the presence, distribution and proximity of qualifying species present. Avoidance or reduction of visual or noise disturbance to species may also consider the use of techniques such as screening, segregation or establishing buffer zones, recognising that some species may be more vulnerable or sensitive than others (for example different bird species can vary in their flight response). For potential construction impacts on habitats, such as loss of habitat or physical damage, key construction-focused mitigation should focus on the avoidance of working on, or in proximity to sensitive habitats, and development of site sensitive construction techniques. This may for example include avoiding heavy plant usage in particular areas, or screening / creation of buffer zones to avoid any disturbance or physical damage. This can be informed through site specific / project-level HRA, and supporting survey where necessary, to establish the presence, nature and sensitivities of potentially affected habitats. For potential operational effects, sensitive and sympathetic design can minimise or avoid effects, such as appropriate location or layout of any structures (set-back from sensitive habitats) or minimising footprints where possible. Project-level HRA should also consider potential changes in physical processes, such as changes to flows / velocities and the physical regime, and potential water quality changes, for example due to the addition or removal of a structure or a changed profile of the riparian zone / channel banks. Such effects, as identified through the HRA, should inform a project’s appraisal and the building of suitable mitigation into the design.

4.3.4 Conclusion The assessment above has considered the FRMP information in RBD catchments that the Environment Agency are responsible for and has screened the measures as having no likely significant effect. This is concluded in light of the range of avoidance and mitigation measures available. Regulatory controls will identify any risks to European sites when the actions required to implement the measures are developed. The FRMP itself also makes it clear that before any measures in the plan are implemented they must be subject to the requirements of the Habitats Regulations by the relevant competent authority. This is already the case for measures from existing plans where HRAs have identified risks to European sites and where any adverse effects that cannot be ruled out have been addressed through appropriate mitigation and compensatory provision.

It is concluded that for the FRMP information on RBD catchments that the Environment Agency is responsible for, at this strategic-plan level the measures are screened as being not likely to have any significant effects on any European sites, alone or in combination with other plans or projects (see chapter 6). Given this conclusion, there is no requirement to progress to the next stage of the Habitats Regulations assessment (an ‘appropriate assessment’ to examine the question of adverse effect on the integrity of European sites). Lower-tier assessments will be required and will be assisted by the information gathered in this high-level assessment, but their conclusions will not be influenced by this HRA, and each individual plan or project must be assessed as necessary in order to meet the requirements of the Habitats Regulations.

5 In combination effects with other plans and projects

The Habitats Directive and the Habitats Regulations require competent authorities to consider the assessment of effects on a European site in combination with other plans or projects. The Habitats Regulations Assessment of the FRMP has demonstrated that, for those measures where there is a potential effect on a European site, there is insufficient detail available at this stage to understand the site-specific context in terms of location or outline design of the flood risk management solution to be able to assess the likely effects in the detail necessary to advise on site- specific avoidance and mitigation required. Rather, the assessment has set out the range of avoidance, mitigation and control measures that can be applied.

The application of HRA requirements at the project or lower-tier plan level will take place when a greater level of detail will be available. Given the lack of available information on the location and design of solutions and therefore the associated effects, we are also unable to meaningfully assess the in-combination effects with other plans and projects. This section has therefore set out the types of plans and projects where interactions are possible and more detailed consideration of these will be required in the HRAs for projects or lower tier plans.

The potential for in-combination effects lies with the following potential interactions:  Between different RBD FRMPs  The RBD FRMP with other external plans within the RBD.

The in combination effects with existing Risk Management Authority plans during the period of the plan, including Shoreline Management Plans, Catchment Flood Management Plans and Local Strategies, have been considered as part of the FRMP assessments undertaken within each RBD catchment and flood risk area (see previous sections). This is because the FRMP has already considered how the objectives and measures of these existing plans combine and relate to the 6 year cycle 2015 to 2021 of the FRMP.

5.1 In-combination effects between RBD FRMPs The South West RBD shares a border with four other RBDs:

 Severn, to the north west of the RBD  South East, to the east of the RBD  Thames a small area to the north east of the RBD and There are some European sites that span these borders of the South West RBD. To the north the main cross-border site is the Severn Estuary SAC/SPA/Ramsar site. Towards the border with the Severn RBD there are also sites associated with the composite designations of the Mendip Woodlands SAC and the North Somerset and Mendip Bat sites SAC. The Pewsey Downs SAC is cross-border with the small length of the Thames RBD. With the South East RBD, the main cross-border sites include the Salisbury Plain SAC and Porton Down SPA and further to the south the extensive New Forest SAC/SPA/Ramsar site.

In general more FRMP measures are located close to where the risks of flooding to people and property are greatest and as a result less are located close to the water shed margins of

70 catchments that are the borders of RBDs. There are however, catchment or RBD wide measures that relate to these borders and often involve working with natural processes. At this level of the plan, the nature of such measures on any specific European sites that cross RBD borders are not sufficient to identify effects and such measures are considered to result in no likely significant effects to cross border European sites. Such effects may be important for lower tier plans and project level assessments to consider when more details of the measures and the effects are known.

5.2 In-combination effects with external plans Potential for in-combination effects with external plans will depend on the specific locations and design of actions or measures arising from the FRMP, external plan or project. Nevertheless, a number of plans that could give rise to projects that have the potential to contribute to an in-combination effect have been identified.

At this stage, given the uncertainty of location and design of measures in the FRMP, there is limited value in examining other plans in detail and speculating on where interactions might occur. We have therefore taken the approach of identifying key plans that should be considered in the HRAs for projects or lower tier plans or strategies, as described below. However, this is not a definitive list; there are a range of plans and projects that will need to be taken account of in the HRAs for lower-tier plans projects, when considering potential in- combination effects.

Local Plans: Local Plans set out a vision and a framework for the future development of the area, addressing needs and opportunities in relation to housing, the economy, community facilities and infrastructure – as well as a basis for safeguarding the environment, adapting to climate change and securing good design. During their development and before they are adopted, plans will be subject to an HRA where there is the potential for significant effects on a European site or sites. Other local plans that may be relevant to also consider relate to transport, minerals and waste.

Water Resource Management Plans: These plans set out the investment needed to ensure that there is sufficient water to continue supplying communities over the 25 years from 2015 to 2040. A number of Water Companies have responsibilities across the South West RBD, including South West Water, Wessex Water, Bristol Water and Sembcorp Bournemouth Water. The HRAs of the plans concluded that they will have no significant effects on European sites alone or in combination with other known plans and projects.

River Basin Management Plan (RBMP): RBMPs set statutory objectives for river, lake, groundwater, estuarine and coastal water bodies and summarise the measures needed to achieve them. Because water is linked to land, they also inform decisions on land-use planning. The RBD that provides the spatial boundary for the FRMP is the same as that used for the RBMP. The planning timeframe is also the same, so the plan for the period 2015-21 is currently being prepared. Water-dependent European sites are designated as “Protected Areas” under the Water Framework Directive, and the RBMPs include measures to ensure that the objectives for these areas are achieved. While it is unlikely that the plan will result in a significant effect on a European site, an HRA is being undertaken to identify any risks and unanticipated effects.

Marine Plans: Marine plans set out priorities and directions for future development within the plan area, inform sustainable use of marine resources and help marine users understand the best locations for their activities, including where new developments may be appropriate. Marine plans are proposed for the inshore and offshore areas of England. Only interactions with the inshore plan would be expected. Marine plans are required to be produced by 2021.

The South West (inshore) Marine Plan is not yet publicly available and in preparation. The South Inshore Marine Plan is further advanced in its preparation and the MMO expects to publish a consultation draft of the plan at the end of 2015, this supported by a HRA. The pre-screening report35 for the Habitats Regulation Assessment for the South marine plans presents the findings from the initial ‘Pre-Screening’ phase of the HRA process and outlines the work required to deliver a Habitat Regulations Assessment for the South marine plans. The pre-screening phase identified a total of 293 European/Ramsar sites by using a 100km buffer zone around the South marine plan areas. The 293 sites comprise of: 64 SPAs; 188 SACs/cSACs/SCIs; 33 Ramsar sites and 8 compensatory (managed realignment) sites. Further to this ‘Pre-Screening’ phase, the subsequent assessment stages will then consider the particular environmental pressures brought about by the relevant South marine plan policies. An assessment of their impacts on the integrity of the European/Ramsar sites will be made with regard to relevant conservation objectives of the European/Ramsar sites. The impacts of these policies will need to be assessed in-combination with other plans or projects influencing the South marine plan areas. Any additional mitigation measures that might be needed to ensure the South marine plans will not have an adverse effect on integrity (AEOI) of any European/Ramsar sites will be identified.

35 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/331158/MMO1071_HR A_Final_Report_140715.pdf

6 Conclusion and Future HRAs

This HRA has been carried out at the level of published detail in the South West RBD FRMP. For measures from existing plans, the HRA has summarised the results from existing HRAs of these plans. For any new strategic measures provided for the new FRMP cycle (2015-2021), the HRA has considered the effects at a strategic level as local actions will be developed at lower tiers of plans or projects. The HRA has determined a conclusion for the FRMP and provides a basis to identify options to avoid or mitigate for impacts to give confidence that the plan can be screened as having no likely significant effect. The HRA also makes clear that these will require further case-specific consideration during determination of any authorisations or consents by the relevant competent authority as to their effects on European sites, and then inform the appropriate mechanisms to be applied to secure any mitigation required.

The strategic nature of the FRMP limits the extent to which in-combination effects can be considered. Nevertheless, the potential for in-combination effects has been considered and a summary of the plans that will be important for assessments at project level to consider have been identified.

The HRA conclusions for the FRMP is that there is sufficient scope for future avoidance and mitigation to have confidence that the plan can be screened out of any likely significant effects. This is based on controls already in place for measures from existing plans (with agreed HRAs and the necessary avoidance, mitigation or compensation secured), and controls that projects will have in place when developing local actions for any new strategic measures in the FRMP.

Future HRAs should make specific reference to this strategic-plan HRA for risks related to the ‘screened in’ measures where they are considered close enough to European Sites to need detailed consideration at project level. Future HRAs should also make specific reference to HRAs for existing plans with agreed controls in place, and to any further controls and mitigation in this strategic HRA related to any new strategic developments for the new cycle of the FRMP.

This HRA does not remove the need for HRA at a subsequent level, i.e. lower-tier strategies, plans or projects that implement measures, including the need for detailed appropriate assessment where required.

As local actions are developed at a project level and the details of their scope and scale are known, this may identify additional effects on European Sites that have not been assessed here, or were not appropriate to consider at this spatial scale of plan.

ANNEX A

Table A1 HRA screening table for the FRMP measure categories

Measure Measure description Screen Justification code ed in or out M2 Prevention M21 Prevention, avoidance measure to prevent the location of new or additional Out Comprises prevention and avoidance measures receptors in flood prone areas such as land use planning policies or regulation therefore unlikely to result in physical intervention. M22 Prevention, removal or relocation measure to remove receptors from flood prone In Removal or relocation measures may involve areas or to relocate receptors to areas of lower risk physical intervention, with potential for effects on European sites where these interventions are in proximity. Screened in on a precautionary basis. M23 Prevention, reduction measures to adapt receptors to reduce the adverse Out Flood risk prevention / reduction / adaption to consequences in the event of a flood actions or buildings, public networks etc buildings etc will not result in physical interventions affecting European sites. M24 Prevention, other prevention measures to enhance flood risk prevention (may Out Flood risk modelling / assessment will not result in include flood risk modelling and assessment, flood vulnerability assessment, physical interventions affecting European sites. maintenance programmes or policies etc) M3 Protection M31 Natural flood management/run off and catchment management. Measures to In reduce the flow into natural or artificial drainage systems such as overland flow interceptors and/or storage, enhancement of infiltration, etc and including in- channel, flood plan works and the reforestation of banks, that restore natural systems to help slow flow and store water. M32 Water flow regulation. Measures involving physical intervention to regulate flows In such as construction modification or removal of water retaining structures (e.g. Measures comprise physical activities or dams or other on-line storage areas) or development of existing flow regulation interventions resulting in actual changes on the rules and which have significant impact on the hydrological regime. ground or effects on flows / movement of water and M33 Channel, coastal and floodplain works. Measures involving physical In changes to physical processes. interventions to freshwater channels, mountain streams, estuaries, coastal water and flood prone areas of land, such as construction, modification or removal of structures or the alteration of channels, sediment dynamics, management dykes etc. M34 Surface water management measures involving physical interventions to reduce In surface water flooding, typically, but not exclusively in an urban environment such as enhancing artificial drainage capacity or through SuDS

Measure Measure description Screen Justification code ed in or out M35 Other measures to enhance protection against flooding which may include flood In defences, asset maintenance programmes or policies. M4 Preparedness M41 Flood forecasting and warning. Measures to establish or enhance a flood Out forecasting or warning system. M42 Emergency event response planning/contingency planning measures to Out establish or enhance flood event institutional emergency response planning Measures do not comprise or result in physical M43 Public awareness and preparedness. Measures to establish the public Out changes or interventions. awareness or preparedness for flood events. M44 Other measures to establish or enhance preparedness for flood events to reduce Out adverse consequences. M5 Recovery and review M51 Recovery and review (planning for recovery and review phases is in principle Out part of preparedness) individual and society recovery, clean up and restoration activities (buildings, infrastructure etc). Health and mental health supporting Measures on the whole do not comprise or result in actions, inc managing stress disaster financial assistance (grants, tax) inc physical changes or interventions. Measures disaster legal assistance, disaster unemployment assistance, temporary or involving physical activity are focused on restoration permanent, relocation, other. at a local level, i.e. buildings etc., none of which M52 Environmental recovery, clean up and restoration activities (with several sub- Out considered likely to result in physical effects on topics as mould protection, well-water safety and securing hazardous material European sites. containers). M53 Other recovery, review and lessons learnt from flood events, insurance policies. Out M6 Other M61 Other measures not fitting in to any of the other categories (M2-4) or their sub- In M61 code includes a variety of different kinds of categories. measures, but includes measures such as habitat creation, floodplain restoration, managed realignment. Therefore screened in on a precautionary basis.

Table A2 Management Catchments and European sites in the South West RBD / FRMP

Management European Site Management European Site Catchment Catchment  Isles of Scilly SPA/Ramsar  Crowdy Marsh SAC West Cornwall  Breney Common and Goss & Tregoss Moors North  Breney Common and Goss & Tregoss Moors and the Fal SAC Cornwall, SAC  Lower Bostraze & Leswidden SAC Seaton, Looe  Tintagel-Marsland-Clovelly Coast SAC  St Austell Clay Pits SAC and Fowey  Phoenix United Mine & Crow's Nest SAC  Penhale Dunes SAC  Polruan to Polperro SAC  Tregonning Hill SAC  River Camel SAC  Carrine Common SAC  Newlyn Downs SAC.  Godrevy Head to St Agnes SAC  The Lizard SAC  Fal & Helford SAC  Isles of Scilly Complex SAC  Marazion Marsh SPA  Lands End and Cape Bank SCI  Lizard Point SCI  Falmouth Bay to St Austell Bay pSPA  Phoenix United Mine & Crow's Nest SAC Tamar  Culm Grasslands SAC South Devon  South Devon Shore Dock SAC  South Dartmoor Woods SAC  South Hams SAC  Dartmoor SAC  South Dartmoor Woods SAC  Blackstone Point SAC  Dartmoor SAC  Plymouth Sound & Estuaries SAC  Lyme Bay and Torbay SCI  Tamar Estuaries Complex SPA  Start Point to Plymouth Sound and Eddystone  Start Point to Plymouth Sound and Eddystone (SCI) SCI

Management European Site Management European Site Catchment Catchment  Braunton Burrows SAC  Exe Estuary SPA/Ramsar North Devon  Exmoor & Quantock Oakwoods SAC East Devon  Beer Quarry & Caves SAC  Exmoor Heaths SAC  Dawlish Warren SAC  Tintagel-Marsland-Clovelly Coast SAC  East Devon Pebblebed Heaths SAC  Culm Grasslands SAC  Exmoor & Quantock Oakwoods SAC  Dartmoor SAC  Exmoor Heaths SAC  Lundy SAC.  River Axe SAC  Sidmouth to West Bay SAC  Culm Grasslands SAC  East Devon Heaths SPA  Lyme Bay and Torbay SCI South and  Severn Estuary SAC/SPA/Ramsar site Dorset  Chesil Beach & the Fleet SAC/SPA/Ramsar West  Somerset Levels & Moors SPA/Ramsar site site Somerset  Bracket's Coppice SAC  Avon Valley SPA/Ramsar site  Mendip Limestone Grasslands SAC  Dorset Heathlands SPA/Ramsar site  Mendip Woodlands SAC  Poole Harbour SPA/Ramsar site  North Somerset & Mendip Bats SAC  Crookhill Brick Pit SAC  Exmoor & Quantock Oakwoods SAC  Cerne & Sydling Downs SAC  Exmoor Heaths SAC  Dorset Heaths (Purbeck & Wareham) &  Hestercombe House SAC Studland Dunes SAC  Holme Moor & Clean Moor SAC  Fontmell & Melbury Downs SAC  Quants SAC  Isle of Portland to Studland Cliffs SAC  St Albans Head to Durlston Head SAC  Rooksmoor SAC  Sidmouth to West Bay SAC  West Dorset Alder Woods SAC  Dorset Heaths SAC  River Avon SAC  Holnest SAC  Lyme Bay and Torbay SCI  Studland to Portland SCI

Management European Site Management European Site Catchment Catchment Avon  Avon Valley SPA/Ramsar site Hampshire  Dorset Heathlands SPA/Ramsar site  New Forest SAC/SPA/Ramsar site  Porton Down SPA  River Avon SAC  Chilmark Quarries SAC  Fontmell & Melbury Downs SAC  Great Yews SAC  Pewsey Downs SAC  Prescombe Down SAC  Salisbury Plain SPA/ SAC  Dorset Heaths SAC

Table A3 Mitigation and Control Measures Flooding source Legal / consenting processes and consideration of Habitats Regulations  Measures involving construction / creation of new, or changes to / alteration / improvement of existing flood Measures to address flooding from defence structures and main river channels / floodplain generally require planning permission from the local rivers (main river) planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.

 Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.  Smaller scale measures for flood defence works, improvements or alterations to main river channels, and measures comprising maintenance, such as replacement, repair or refurbishment of existing structures, may not require planning permission, but fall under The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effect is predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.

Measures to flooding from rivers  Measures involving construction / creation of new, or changes to / alteration / improvement of existing flood (ordinary watercourses) defence structures and ordinary watercourse river channels / floodplain generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures involving works on or near all other watercourses that aren’t main river requires Ordinary Watercourse Consent from either the Lead Local Flood Authority (LLFA) or Internal Drainage Board (IDB). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the LLFA / IDB as competent authority.  Smaller scale measures for flood defence works, improvements or alterations to all other watercourses that aren’t main river, and measures comprising maintenance, such as replacement, repair or refurbishment of existing structures, may fall under The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any

Flooding source Legal / consenting processes and consideration of Habitats Regulations planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.

 Measures involving construction / creation of new, or changes to / alteration / improvement of existing Flooding from the Sea coastal / tidal flood defence structures and estuary / coastal frontage (above mean low water) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures involving works below the mean high water spring tidal limit (including the waters of every estuary, river or channel where the tide flows up to the mean high water spring tide limit) require a Marine Works Licence from the Marine Management Organisation (MMO). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application. The HRA is determined by the MMO as competent authority.  Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.  Maintaining coast protection works does not require a marine licence when carried out by, or on behalf of, the Environment Agency or a coast protection authority, provided the activity is carried out within the existing boundaries of the works being maintained. Some coast protection works maintenance activities also do not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.  Measures involving construction / creation of new, or changes to / alteration / improvement of existing Coastal erosion coastal / tidal flood defence structures and estuary / coastal frontage (above mean low water) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures involving works below the mean high water spring tidal limit require a Marine Works Licence from the Marine Management Organisation (MMO). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application. The

Flooding source Legal / consenting processes and consideration of Habitats Regulations HRA is determined by the MMO as competent authority.  Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.  Maintaining coast protection works does not require a marine licence when carried out by, or on behalf of, the Environment Agency or a coast protection authority, provided the activity is carried out within the existing boundaries of the works being maintained. Some coast protection works maintenance activities also do not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.  Measures involving construction / creation of new, or changes to / alteration / improvement of existing Surface water flooding structures to address surface water flooding (e.g. culverts, drainage ditches / channels) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures to address surface water flooding in proximity to main river or ordinary watercourses requires Flood Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main river / ordinary watercourses).  Measures involving maintaining existing structures to address surface water flooding may not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.  Measures to address groundwater flooding in proximity to main river or ordinary watercourses requires Flood Groundwater flooding Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main river / ordinary watercourses).  Measures to address groundwater flooding involving the construction / creation of above ground structures

Flooding source Legal / consenting processes and consideration of Habitats Regulations generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures to address sewer flooding in proximity to main river or ordinary watercourses requires Flood Sewer flooding Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main river / ordinary watercourses).  Measures to address sewer flooding involving the construction / creation of above ground structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures to address sewer flooding involving the construction / creation of above ground structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  Measures to address sewer flooding by sewerage undertakers may fall within their Permitted Development powers under authority The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.  New reservoirs / impounding structures, or alterations or removals of existing structures, require an Flooding from reservoirs Impoundment Licence from the Environment Agency (Water Resources Act 1991 (as amended by Water Act 2003), Environment Act 1995, Water Resources (Abstraction and Impounding) Regulations 2006). Where a European site is potentially affected, the need for HRA is determined through the licensing application process, with HRA determined by the Environment Agency as competent authority.  Measures involving construction / creation of new reservoirs / impounding structures, or changes to / alteration / of existing structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.

Annex B – South West RBD European Sites

Site ID Name of Site SPA, SAC, Area (ha)* WFD: Natura Ramsar 2000 protected area site UK9011091 Avon Valley SPA 1351 Y UK0012585 Beer Quarry and Caves SAC 31 N UK0030091 Blackstone Point SAC 8 Y UK0030095 Bracket’s Coppice SAC 54 Y UK0012570 Braunton Burrows SAC 1340 Y Breney Common and UK0030098 Goos & Tregoss Moors SAC 824 Y UK0012795 Carrine Common SAC 46 Y UK0030115 Cerne & Sydling Downs SAC 372 N UK0017076 Cheshil & the Fleet SAC 1635 Y Cheshil Beach & the UK9010091 Fleet SPA 747 Y UK0016373 Chilmark Quarries SAC 10 N UK0030349 Crookhill Brick Pit SAC 5 Y UK0030329 Crowdy Marsh SAC 93 Y

UK0012679 Culm Grasslands SAC 774 Y UK0012929 Dartmoor SAC 23198 Y UK0030130 Dawlish Warren SAC 59 Y UK9010101 Dorset Heathlands SPA 8186 N Dorset Heaths (Purbeck and Wareham) and UK0030038 Studland Dunes SAC 2231 Y UK0019857 Dorset Heaths SAC 5720 Y UK9010121 East Devon Heaths SPA 1124 Y East Devon Pebblebed UK0012602 Heaths SAC 1124 Y UK9010081 Exe Estuary SPA 2367 Y Exmoor & Quantock UK0030148 Oakwoods SAC 1895 Y UK0030040 Exmoor Heaths SAC 10700 Y UK0013112 Fal & Helford SAC 6363 Y Fontmell & Melbury UK0012550 Downs SAC 263 N Godrevy Head to St UK0012549 Agnes SAC 128 Y UK0012770 Great Yews SAC 29 N UK0030168 Hestercombe House SAC 0.1 N UK0012883 Holme Moor & Clean SAC 8 Y

Site ID Name of Site SPA, SAC, Area (ha)* WFD: Natura Ramsar 2000 protected area site Moor UK0030350 Holnest SAC 55 Y Isle of Portland to UK0019861 Studland Cliffs SAC 1446 Y Lower Bostraze and UK0030064 Leswidden SAC 2 N UK9020288 Isles of Scilly SPA 401 Y UK0013694 Isles of Scilly Complex SAC 26849 Y UK0013114 Lundy SAC 3071 Y UK9020289 Marazion Marsh SPA 55 Y UK9011031 New Forest SPA 2799 N Mendip Limestone UK0030203 Grasslands SAC 417 N UK0030048 Mendip Woodlands SAC 254 N UK0030065 Newlyn Downs SAC 115 Y North Somerset and UK0030052 Mendip Bats SAC 561 N UK0012559 Penhale Dunes SAC 622 Y UK0012552 Pewsey Downs SAC 154 N Phoenix United Mine UK0030238 and Crow`s Nest SAC 49 N Plymouth Sound and UK0013111 Estuaries SAC 6387 Y UK0030241 Polruan to Polperro SAC 214 y UK9010111 Poole Harbour SPA 2314 Y UK9011101 Porton Down SPA 1562 N UK0012553 Prescombe Down SAC 76 N UK0030242 Quants SAC 20 Y UK0013016 River Avon SAC 468 Y UK0030248 River Axe SAC 25 Y UK0030056 River Camel SAC 620 Y UK0012681 Rocksmoor SAC 62 Y UK0012683 Salisbury Plain SAC 21466 N UK9011102 Salisbury Plain SPA 19716 N UK9015022 Severn Estuary SPA 24663 Y Severn Estuary / Mor UK0013030 Hafren SAC 73715 Y UK0019864 Sidmouth to West Bay SAC 898 Y Somerset Levels and UK9010031 Moors SPA 6388 Y UK0012749 South Dartmoor Woods SAC 2159 Y

Site ID Name of Site SPA, SAC, Area (ha)* WFD: Natura Ramsar 2000 protected area site South Devon Shore UK0030060 Dock SAC 339 Y UK0012650 South Hams SAC 130 Y St Albans Head to UK0019863 Durlston Head SAC 285 Y UK0030282 St Austell Clay Pits SAC 1 N Tamar Estuaries UK9010141 Complex SPA 1945 Y UK0012799 The Lizard SAC 3085 Y UK0012557 The New Forest SAC 29254 Y Tintagel–Marsland– UK0013047 Clovelly Coast SAC 2380 Y UK0012604 Tregonning Hill SAC 5 N West Dorset Alder UK0030299 Woods SAC 329 Y Lands End and Cape UK0030375 Bank SCI 30172 Y UK0030374 Lizard Point SCI 13988 Y UK0030372 Lyme Bay and Torbay SCI 31248 Y Start Point to Plymouth UK0030373 Sound and Eddystone SCI 34076 Y UK0030382 Studland to Portland SCI 33191 Y Falmouth Bay to St tbc Austell Bay pSPA tbc UK11005 Avon Valley Ramsar 1390 UK11012 Chesil Beach and Fleet Ramsar 747 UK11021 Dorset Heathlands Ramsar 6682 UK11025 Exe Estuary Ramsar 2367 UK11033 Isles of Scilly Ramsar 401 UK11054 Poole Harbour Ramar 2480 UK11081 Severn Estuary Ramsar 24663 Somerset Levels and UK11064 Moors Ramsar 6388 UK11047 The New Forest Ramsar 27998

# Denotes if the site is a WFD: Natura 2000 protected area site. *Area denoted is for the entire designated area rather than the area within the RBD boundary.

85 www.gov.uk/environment-agency

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