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Levett- Therivel Levett- Therivel Contents 1. Introduction ........................................................................................................................ 1 Requirements of the Habitats Directive .................................................................................... 1 Stage 1 screening ....................................................................................................................... 2 Oxford Meadows SAC ................................................................................................................ 5 The Oxford Local Plan ................................................................................................................ 6 2. Recreational impacts ........................................................................................................ 10 In combination effects ............................................................................................................. 16 3. Balanced hydrological regime .......................................................................................... 17 In combination effects ............................................................................................................. 20 4. Water quality .................................................................................................................... 21 In combination effects ............................................................................................................. 24 5. Air quality .......................................................................................................................... 25 6. Conclusions ....................................................................................................................... 35 Appendix A. HRA screening report ......................................................................................... 36 Appendix B. Oxford Meadows SAC Visitors Survey Report .................................................... 98 Appendix C. Car-free dwellings in the Oxford Local Plan 2036………………………………………….105 Appendix D. Trip generation by car free development ........................................................ 108 Appendix E. Correspondence with Natural England about air quality……………………………….113 Levett-Therivel Appendix C. Correspondence with Natural England about air quality at Oxford Meadows SAC .. 108 1. Introduction 1.1 This report discusses Stage 2 (appropriate assessment) of the Habitat Regulations Assessment (HRA) for the Oxford Local Plan 2036. 1.2 The Oxford Local Plan sets out policies relating to development, site allocations and development management. It: • Sets a capacity based target aimed at meeting as much of the objectively assessed housing need (OAN) as possible by boosting housing supply balanced with appropriate consideration of other policy aims. The Local Plan proposes 8,620 (431 per year) homes, which is likely to generate a population increase of around 20,000 people. Adjacent authorities will be providing the balance of the OAN. • Promotes more than 2,000 car-free homes: student accommodation, employer- linked housing, and other housing in easily-accessible areas. • Proposes to release 8 sites totalling 17.45 hectares in total from the Oxford’s Green Belt. • Protects key employment sites (category 1 and 2) from the loss to other non- employment uses. • Allows employment sites that are not considered key to the Oxford’s economy to be redeveloped eg for housing. • Requires air quality assessments for all major proposals. • Encourages the provision of electric charging points. • Protects existing green and blue infrastructure features, and supports the development of new green infrastructure features. Requirements of the Habitats Directive 1.3 Appropriate Assessment of plans that could affect Special Conservation Areas (SACs), Special Protection Areas (SPAs), and Ramsar sites (jointly called ‘European sites) is required by Article 6(3) of the European Habitats Directive1, which states: ‘Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of this assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.’ 1 Directive 92/42/EEC on the Conservation of Natural Habitats and Wild Fauna 1 1.4 Article 6(4) of the Habitats Directive discusses alternative solutions, the test of ‘imperative reasons of overriding public interest’ (IROPI) and compensatory measures: ‘If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natural 2000 is protected. It shall inform the Commission of the compensatory measures adopted. 1.5 The Habitats Directive applies the precautionary principle to European sites. Plans and projects can only be permitted if it can be shown that they will have no significant adverse effect on the integrity of any European site, or if there are no alternatives to them and there are imperative reasons of overriding public interest as to why they should go ahead. In such cases, compensation will be necessary to ensure the overall integrity of the site network. 1.6 The Habitats Directive was implemented into UK legislation through the Conservation (Natural Habitats, & c) Regulations 1994. The currently relevant piece of legislation is the ‘Conservation of Habitats and Species Regulations 2010 (as amended) and is generally known as the Habitats Regulations. Stage 1 screening 1.7 A Habitat Regulations Assessment can involve up to a four stage process. 1. Screening. Determining whether or not a plan ‘alone or in-combination’ is likely to have a significant effect on a European site. 2. Appropriate Assessment. Determining whether, in view of the site’s conservation objectives, the plan ‘alone or in-combination’ would have an adverse effect (or risk of this) on the integrity of the site. If not, the plan can proceed. 3. Assessment of alternative solutions. Where the plan is assessed as having an adverse effect (or risk of this) on the integrity of a site, there should be an examination of alternatives. 4. Assessment where no alternative solutions remain and where adverse impacts remain. 1.8 Oxford City Council prepared a stage 1 screening report – shown at Appendix A - in October 2017. It considered the three European sites within 20km of the Oxford City Council administrative boundary (Table 1.1 and Figure 1.1). For the Cothill Fen SAC and the Little Wittenham SAC, it found that the Oxford Local Plan 2036 does not propose any policies or new allocations that would have a likely significant effect on those SACs, and it screened those two designated sites out of any further assessment. 2 Table 1.1 – European Sites within 20km of Oxford City Council boundary Name of Distance from Reason for designation2 site boundary Oxford Within City Annex I habitats that are a primary reason for selection of Meadows Boundary, this site SAC extending 6510 Lowland hay meadows (Alopecurus pratensis, into Sanguisorba officinalis) administrative Together with North Meadow and Clattinger Farm, also in area for southern England, Oxford Meadows represents lowland Cherwell hay meadows in the Thames Valley centre of distribution. District The site includes vegetation communities that are perhaps Council and unique in the world in reflecting the influence of long- into the term grazing and hay-cutting on lowland hay meadows. administrative The site has benefited from the survival of traditional boundary of management, which has been undertaken for several West centuries, and so exhibits good conservation of structure Oxfordshire and function. District Annex II species that are a primary reason for selection Council. of this site 1614 Creeping marshwort Apium repens Oxford Meadows is selected because Port Meadow is the larger of only two known sites in the UK for creeping marshwort Apium repens. Cothill Fen Located 7km Annex I habitats that are a primary reason for selection of SAC from the city this site boundary 7230 Alkaline fens This lowland valley mire contains one of the largest surviving examples of alkaline fen vegetation in central England, a region where fen vegetation is rare. The M13 Schoenus nigricans – Juncus subnodulosus vegetation found here occurs under a wide range of hydrological conditions, with frequent bottle sedge Carex rostrata, grass-of-Parnassus Parnassia palustris, common butterwort Pinguicula vulgaris and marsh helleborine Epipactis palustris. The alkaline fen vegetation forms transitions to other vegetation types that are similar to M24 Molinia caerulea – Cirsium dissectum fen-meadow and S25 Phragmites australis – Eupatorium cannabinum tall-herb fen and wet alder Alnus spp. wood. Little Located 19km Annex II species that are a primary reason for selection of Wittenham
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