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Section on the Sacs Oxfordshire Minerals and Waste Local Plan Part 1 – Core Strategy Habitats Regulations Assessment Screening Report August 2015 Oxfordshire County Council Environment and Economy Speedwell House, Speedwell Street Oxford OX1 1NE August 2015 Contents: Page No. 1. Introduction 1 2. The Habitats Directive 2 3. Screening Methodology for the Report 6 4. The Oxfordshire Minerals and Waste Local Plan: Part 1 - Core 9 Strategy 5. Oxfordshire’s Special Areas of Conservation and Geographical 16 Scope of Assessment 6. Impact Pathways and Screening Criteria 22 7. Screening of Minerals Strategic Resource Area Proposals 31 8. Screening of Waste Strategy Location Proposals 40 9. Existing Trends, Other Plans, Policies, Strategies and Initiatives 45 10. Conclusions of Screening Assessment 55 Appendix 1: Definitions of Terms 59 Appendix 2: Description of each Special Area of Conservation 61 Appendix 3: Plan of Lorry Advisory Routes 82 Appendix 4: Assessment of Transport Effects of Minerals Strategy 83 Appendix 5: Assessment of Transport Effects of Waste Strategy 101 Cover Photograph: Aston Rowant National Nature Reserve – Special Area of Conservation 1. Introduction 1.1 This is a Habitats Regulation Assessment (HRA) Screening Report for the Oxfordshire Minerals and Waste Local Plan: Part 1 – Core Strategy. The European Habitats Directive1 designates sites that are of international importance for their habitats, flora, or fauna; these are known as Special Areas of Conservation (SACs), Special Protection Areas (SPAs) and Ramsar sites. Together they make up a network of protected sites known as the Natura 2000 network or ‘European sites’. The Directive requires that land use plans are subject to Habitats Regulations Assessment (HRA) where they might have a significant effect on a Natura 2000 site. There are no Special Protection Areas or Ramsar sites in Oxfordshire or within 15km of the county border. 1.2 This document will assess the potential impacts of the development proposed in the Core Strategy on Special Areas of Conservation (SAC) in Oxfordshire and in neighbouring counties. The document has been prepared by Oxfordshire County Council for agreement by Natural England, the statutory consultee for Habitats Regulations Assessment. 1.3 This assessment builds on an earlier HRA Screening Report (August 2011) prepared by Oxfordshire County Council and takes into account changes made since that time to the Core Strategy, as well as additional technical information in a Technical Supplement to the Screening Report prepared to support the HRA in January 2012. 1.4 A list of definitions of the terms used in this report is at Appendix 1. 1 Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Flora and Fauna, as amended Oxfordshire Minerals and Waste Local Plan, Part 1 - Core Strategy: HRA Screening Report. August 2015 1 2. The Habitats Directive 2.1 Under the European Habitats Directive sites are designated as Special Areas of Conservation (SACs) where they are of international importance for ecology. SACs and other sites of international ecological importance (such as Special Protection Areas classified under the Birds Directive for their value for birds) are therefore collectively known as “European Sites”. In Oxfordshire there are SACs but no SPAs or proposed SPAs or other types of European Sites. Article 6(3) of the Habitats Directive requires that a HRA of any plans that could affect European Sites is undertaken: Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans and projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. 2.2 A ruling in 2005 by the European Court of Justice found that Britain had failed to apply Articles 6(3) and 6(4) of the Habitats Directive to land use plans. To address this issue, the Department for Environment and Rural Affairs (DEFRA) published amended regulations on 21 August 2007, stating that land use plans need to be assessed in line with articles 6(3) and 6(4) of the Habitats Directive. DCLG issued guidance to local authorities on writing the assessment; ‘Planning for the Protection of European Sites: Appropriate Assessment’ in August 2006. The guidance notes that ‘land use plans’ refer to Regional Spatial Strategies, the Mayor of London’s Spatial Development Strategy, Development Plan Documents, and Supplementary Planning Documents. 2.3 The purpose of this HRA is to assess the potential impacts of the draft planning strategies for minerals extraction and waste management in the Core Strategy of the Oxfordshire Minerals and Waste Local Plan, on the conservation objectives of the seven SACs in Oxfordshire and SAC in adjacent counties. 2.4 The Habitats Directive applies the precautionary principle to European Sites; plans and projects are only permitted if it can be shown that they will not have a likely significant adverse effect on the integrity of the sites. If there is shown to be a likely significant adverse effect then mitigation or an alternative solution should be found. If this is not possible then the plan/project should not be permitted unless it is demonstrated that there are imperative reasons of overriding public interest and compensatory measures are secured.2 2 The Habitat Regulations Assessment Handbook, 2014 (DTA Publications) Oxfordshire Minerals and Waste Local Plan, Part 1 - Core Strategy: HRA Screening Report. August 2015 2 2.5 The HRA process consists of four stages, as shown in Figure 2.1. The stages are essentially iterative, being revisited as necessary in response to more detailed information, recommendations and any relevant changes to the plan until no significant adverse effects remain. Figure 2.1: Outline of the Four Stage Approach to HRA (Source: The Habitat Regulations Assessment Handbook, 2014 (DTA Publications)) Stage 1: Screening Plans or projects not likely to significantly affect a European site will be “screened out” of the need for any further assessment ↓ Stage 2: Appropriate Assessment and the Integrity Test Competent authorities may agree to plans or projects that will not adversely affect the integrity of a European site ↓ Stage 3: Alternative Solutions If there are alternative solutions a potentially damaging plan or project cannot be agreed to, it will need to be changed or refused ↓ Stage 4: Imperative Reasons of Overriding Public Interest and Compensatory Measures Plans or projects may proceed for imperative reasons of overriding public interest if compensatory measures are secured Oxfordshire Minerals and Waste Local Plan, Part 1 - Core Strategy: HRA Screening Report. August 2015 3 2.6 The HRA screening process (Stage 1) is set out in Figure 2.2. Figure 2.2: Screening Process (Source: The Habitat Regulations Assessment Handbook, 2014 (DTA Publications)) Article Regulation Step Is it a plan or project within the scope of the Habitats Directive? Is the plan or project of a type that could possibly have any (positive or negative) effect on a European site? Is the plan or project directly connected with or necessary to the management of the only European site(s) potentially affected? Identifying European sites potentially adversely affected and their “conservation objectives” Taking account of mitigation measures, would the plan or project be Article likely to have a significant adverse effect on any European site 6 (3) alone? Regulation Taking account of mitigation measures, would the plan or project be 61 (1) likely to have a significant adverse effect on a European site either alone or in combination with other plans or projects? Regulation Requiring the information necessary to decide whether the plan or 61 (2) project would be likely to have a significant adverse effect on a European site either alone or in combination with other plans or projects Regulation Coordination where more than one competent authority is involved 65 in screening plans or projects 2.7 This report represents the evidence gathering stage and Tasks 1 and part of Task 2. The report should be read in combination with the Technical Supplement3. The screening process should identify whether the Core Strategy will have a likely significant effect on any of the Special Areas of Conservation (SAC) in or beyond Oxfordshire. The definition of a “likely significant effect” was clarified in the judgement on the Waddenzee case4. This clarifies the precautionary principle in undertaking assessments. Unless a significant effect can be objectively ruled-out with certainty, then it must be considered “likely”, therefore “likely significant effect” should be interpreted as any “possible significant effect” that could undermine the conservation objectives for the SAC.5 3 Habitats Regulations Assessment for Oxfordshire, Minerals Planning Strategy, Technical Supplement (Prepared for Oxfordshire County Council by Land Use Consultants and Maslen Environmental, January 2012) 4 European Court of Justice C-127/02 “Waddenzee 5 Scottish Natural Heritage, 2014 website Natura Sites- HRA Likely Significant Effect and The Habitat Regulations Assessment Handbook, 2014 (DTA Publications) Oxfordshire Minerals and Waste Local Plan, Part 1 - Core Strategy: HRA Screening Report. August 2015 4 2.8 The role of the Screening Assessment is to identify whether the preferred minerals and waste planning strategies and policies are considered to have a likely significant effect on a SAC or not. Where no likely significant effect is identified the strategies and policies are ‘screened out’ of further assessment. Oxfordshire Minerals and Waste Local Plan, Part 1 - Core Strategy: HRA Screening Report. August 2015 5 3.
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