Appropriate Assessmentofthe Conservation Area ManagementStrategy, SupplementaryPlanning Document

February2011

Appraisal for Appr opriate Assessment

Northumberland County Council

Information to Inform the Appropriate Assessment of the Bedlington Conservation Area Management Strategy, Supplementary Planning Document

February 2011

13 Coates Crescent Edinburgh EH3 7AF Telephone 0131 220 6121 Facsimile 0131 220 6131 Email [email protected]

Appraisal for Appro priate Assessment

Northumberland County Council

Information to Inform the Appropriate Assessment of the Bedlington Conservation Area Management Strategy, Supplementary Planning Document

February 2011

For and on behalf of Natural Capital Ltd

Approved by: Dr Phil Say

Signed:

Position: Director

Date: February 2011

This report has been prepared by Natural Capital Ltd. with all reasonable skill, care and diligence within the terms of the Contract with the client, incorporating our General Terms and Conditions of Business and taking account of the resources devoted to it by agreement with the client.

We disclaim any responsibility to the client and others in respect of any matters outside the scope of the above. This report is confidential to the client and we accept no responsibility of whatsoever nature to third parties to whom this report, or any part thereof, is made known. Any such party relies on the report at their own risk.

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TABLE OF CONTENTS

1 INTRODUCTION 1 1.1 PLANNING CONTEXT OF THE BCAMS AND THE APPROPRIATE ASSESSMENT 1 1.2 GENERAL BACKGROUND TO APPROPRIATE ASSESSMENT IN THE UK 1 1.3 CONTEXT FOR NORTHUMBERLAND COUNTY COUNCIL 2 1.4 GUIDANCE 2 1.5 METHODOLOGY USED FOR THIS APPRAISAL 3 2 SCREENING 5 2.1 EUROPEAN SITES 5 2.2 THE BCAMS AND POSSIBLE EFFECTS 7 2.2.1 The BCAMS 7 2.2.2 Possible Effects 8 2.2.3 Possible in-combination effects 9 2.3 SCREENING AND POTENTIAL EFFECTS 11 2.3.1 Screening the European Sites 11 2.3.2 Screening the Potential Environmental Effects 11 3 APPRAISAL 13 3.1 INTRODUCTION 13 3.2 SPA SITE INTEGRITY – MOVEMENT OF BREEDING BIRDS AND REGULARLY OCCURRING MIGRATORY SPECIES 13 4 AVOIDANCE AND MITIGATION MEASURES 17 4.1 INTRODUCTION 17 4.2 BCAMS OBJECTIVES 17 4.3 URBANISATION, TOURISM AND RECREATION AND POSSIBLE IN-COMBINATION EFFECTS 18 5 CONCLUSIONS 19 5.1 MAIN CONCLUSIONS 19 5.2 RECOMMENDATIONS 19

ANNEX A SCREENING TABLE FOR LOCAL PLAN POLICIES ANNEX B CONSULTATION RESPONSE WITH NATURAL ENGALND ANNEX C BIBLIOGRAPHY AND SOURCES OF INFORMATION

Appropriate Assessment

1 INTRODUCTION

1.1 PLANNING CONTEXT OF THE BCAMS AND THE APPROPRIATE ASSESSMENT On 1 April 2009, the unitary Northumberland County Council became the local planning authority for the area previously covered by the seven local planning authorities of , Berwick-upon-Tweed, , , , and Northumberland County. The planning policy documents of each former authority including Wansbeck were brought together at that time to form the Northumberland Consolidated Planning Policy Framework. The policy documents within the policy framework, including the Wansbeck District Local Plan, remain in force until such time as they are superseded by new documents prepared by the County Council as part of the Northumberland Local Development Framework (LDF).

This Appropriate Assessment has been updated from a previous iteration completed in 2008, which had been based on the Bedlington Conservation Area Management Strategy (BCAMS) prepared by Wansbeck District Council. Since the document was first drafted, recommendations of the first iteration of the Appropriate Assessment have been incorporated into the BCAMS document, so making it less likely to require further assessment. However, because of the change in planning context surrounding the BCAMS it was felt that a further update to the Appropriate Assessment should be made. During the first iteration of this Appropriate Assessment Natural was consulted and its response is detailed in Annex B of this report. However, no further consultations on this version of the Appropriate Assessment have been made.

1.2 GENERAL BACKGROUND TO APPROPRIATE ASSESSMENT IN THE UK The UK is bound by the terms of the EC Birds and Habitats Directives1 and the Ramsar Convention.2 In the UK the European Directives have been implemented through the Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations) which provide for the protection of what are termed “European sites”. These sites include Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) under the Birds Directive.

The network of sites across the European Community is known as Natura 2000. Once established, the onus in on Member States to protect and restore the sites included in the network in accordance with the Habitat Directive’s Article 6, which outlines the minimum conservation measures to be safeguarded or the Birds Directive for sites with priority bird species.

Appropriate Assessment of plans that could affect SPAs or SACs is required by Article 6(3) of the European Habitats Directive.

“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….”.

Article 6(4) of the Habitats Directive goes on to discuss the alternative solutions, the test of ‘imperative reasons of overriding public interest,’ (IROPI) and compensatory measures:

1 Council Directive on the conservation of wild birds of 2nd April 1979 (79/409/EEC) and Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora of 21st May 1992 2 Convention on wetlands of international importance especially as waterfowl habitat, Ramsar, Iran 2nd Feb 1971.

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“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 Natura 2000 is protected.”

The Habitats Directive applies the precautionary principle to SPAs and SACs. Plans and projects can only be permitted having ascertained that there will be no adverse effect on the integrity of the site(s) in question. The interest features of the European Sites must be maintained in “favourable condition”. This means that the abundance, distribution, structure or function of the plants and animals comprising the interest features must not be adversely affected by human activities. Plans and projects may still be permitted if there are no alternatives to them and the IROPI test (see above) substantiates that they should go ahead. In such cases, compensation will be necessary to ensure the overall integrity of the site network. Ramsar sites (so named following the Convention on Wetlands of International Importance, held in Ramsar, Iran, 1971) are wetland sites of international importance. They are protected for their important habitats, in particular for waterbirds.

1.3 CONTEXT FOR NORTHUMBERLAND COUNTY COUNCIL In October 2005, the European Court of Justice ruled that land-use plans should be subject to an “Appropriate Assessment” of their implications for European sites. A letter from the Office of the Deputy Prime Minister (ODPM) in March 2006 communicated this ruling to Chief Planning Officers. In addition as a matter of policy, the Government has chosen to apply the procedures on Ramsar sites and potential SPAs even though these are not classified as European sites as a matter of law.

Northumberland County Council (NCC) has prepared its Bedlington Conservation Area Management Strategy (BCAMS) Supplementary Planning Document (SPD) but it has not yet been adopted. It was considered necessary that the plan should be subject to Appropriate Assessment, in view of the above communication and because of the presence of the Northumbria Coast SPA and Ramsar site within the district of Wansbeck, within Northumberland county. Natural Capital was invited by NCC to undertake the appraisal and to provide the information so that it could, as the competent authority, carry out the Appropriate Assessment.

The purpose of this appraisal is, therefore, to assess the impacts of the objectives within the BCAMS against the conservation objectives of the relevant European sites. The assessment must determine whether the BCAMS’s objectives would adversely affect the integrity of any site in terms of its nature conservation objectives. If any negative effects remain after mitigation has been identified then other options should be examined to avoid any potential damaging effects.

1.4 GUIDANCE Early guidance on the Habitat Regulations in relation to Natura 2000 Sites was produced by English Nature in a series of guidance notes. These included one dealing specifically with Appropriate Assessment3, one dealing with the determination of likely significant effect4, and a third published a little later dealing

3 The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitat &) Regulations, 1994, Habitats Regulation Guidance Note, HRGN 1, English Nature, 1997. 4 The Determination of Likely Significant Effect under the Conservation (Natural Habitat &) Regulations 1994, Habitats Regulation Guidance Note, HRGN 3, English Nature, 1999.

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Appropriate Assessment with the consideration of effects of plans on European Sites either alone or in combination with other plans and programmes.5

Guidance for appropriate assessments can also be found in a guide issued in 2000 by the European Commission – Managing Natura 2000 Sites6. This provides a detailed guide of Article 6 and includes clarification of appropriate assessment, conservation objectives and other important concepts within the Article.

The ODPM and the Department of Environment, Food and Rural Affairs (DEFRA) issued a joint circular – Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System7 which sets out Government policy with regard to internationally designated sites and provides useful clarification on assessing effects of plans, appropriate assessment and considering site integrity.

The Department for Communities and Local Government issued guidance in August 2006 for regional spatial strategies and local development documents on planning for the protection of European sites and undertaking Appropriate Assessment8. The circular sets out the recommended methodology and provides step-by-step guidance.

1.5 METHODOLOGY USED FOR THIS APPRAISAL European guidance7 on Appropriate Assessment recommends a process of up to four stages:

1. Screening: Determining whether the plan ‘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 ‘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 exist: and where adverse impacts remain.

Government guidance9 summarises the process into 3 main tasks:

1. Establishing the likely significant effects. 2. Carrying out the Appropriate Assessment and ascertaining the effect on site integrity. 3. Determining mitigation, alternative solutions and considering whether there are “imperative reasons of overriding public interest” (see Section 1.2).

This appraisal covers stage 1 and 2 of both of the above processes. The two stages were carried out in an iterative manner, with initial consultation with Natural England in November 2008. Broadly the Appropriate Assessment process involved:

5 Alone or in Combination, Habitats Regulations Guidance Note, HRGN 4, English Nature, 2001. 6 Managing Natura 2000 Sites – The provisions of Article 6 of the Habitats’ Directive 92/43/CEE, Official Publication of the European Communities, 2000. 7 Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System, ODPM Circular 06/2005, Defra Circular 01/2005, August 2005. 8 Planning for the Protection of European Sites: Appropriate Assessment, Guidance for Regional Spatial Strategies and Local Development Documents, Department for Communities and Local Government, August 2006.

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• identification of European sites that could possibly be affected by the BCAMS, the qualifying features of those sites, and key environmental conditions to support the sites’ integrity; • identification of possible impacts on the sites arising from the BCAMS; • identification of impacts and sites that could be screened out, and those that were likely to require more detailed appropriate assessment; • early discussions with Natural England to discuss approaches to the Appropriate Assessment, and source information that would be needed to complete the analysis (see Annex B); • discussions with adjoining local authorities and other relevant agencies to examine the possibilities of ‘in combination effects’ of their plans and programmes; • collection of data from a wide range of sources (these are listed in the bibliography in Annex C at the end of the report); • conclusions about the likely ‘in combination’ impacts of BCAMS on the European sites, and conclusions about the measures needed to avoid these impacts in terms of appropriate policies; • preparation of an appraisal report to inform the Appropriate Assessment.

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2 SCREENING

The screening process aims to be a first sieve of European sites that the proposed Local Plan could possibly affect.

2.1 EUROPEAN SITES Table 2.1a lists the European sites that are within 10km of Bedlington. Figure 2.1 shows the location of Bedlington in the context of the principal European sites in Northumberland. A rapid high level screening exercise was undertaken for all the European sites shown in Figure 2.1 (see Annex A). On the basis of this exercise and due to the very local nature of the plan it was considered that only the Northumbria Coast SPA and Ramsar site could be potentially affected by the objectives of the plan.

Figure 2.2 shows in more detail, the location of Bedlington in relation to the European sites. The SPA sites in particular are designated because of their important breeding birds and visiting migrants. These include an array of wild fowl and wader species. Many of the breeding birds and migrants tend to move around in large flocks to feed and roost, particularly in winter. This can involve the birds moving between coast and inland sites often outside the designated European sites, sometimes to adjacent farmland and uplands (see Section 3.2). Therefore the protection of these areas will be important for protecting in turn the integrity of the SPAs.

Table 2.1a European Sites within the Wansbeck District that could possibly be affected by the BCAMS

Name of Site Approx. Distance Reason for Designation (km) Bedlington

Northumbria Coast 9 1.7% of the GB breeding population of little tern SPA Sterna albifrons 2.6% of the East Atlantic Flyway population of turnstone Arenaria interpres 1.6 % of the East Atlantic Flyway population of purple sandpiper Calidris maritime Northumbria Coast 9 Ramsar criterion 6 – species/populations of the Ramsar Site above species occurring at levels of international importance

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Figure 2.1 Northumberland County Boundary showing Location of European Sites

* River Tweed SAC includes River Tweed itself and sub catchments in both Scotland and Northumberland, shaded area shows approximate location

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Figure 2.2 Bedlington in Relation to the European sites

2.2 THE BCAMS AND POSSIBLE EFFECTS

2.2.1 The BCAMS Conservation areas are “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. They are about character and appearance, which can derive from many factors including individual buildings, building groups and their relationship with open spaces, architectural detail, materials, views, colours, landscape, streets and so on. These things combine to create a locally distinctive sense of place worthy of protection.

The vision for the Bedlington Conservation Area is to become:

A distinctive and healthy town centre with revived interest from the resident population and visitors, a retail market where local independents can successfully operate, and an historic environment which capitalises on its traditional architectural character to create an attractive place to run a business.

In terms of future significant development, the BCAMS sets the objectives:

• to revitalise Bedlington Conservation Area through proactive and coordinated conservation, planning, regeneration and management action; • to preserve and enhance the character and appearance of the conservation area, and to increase understanding and enjoyment of the heritage; • to secure public funds to boost economic viability and social wellbeing; • to encourage private investment in restoration, repair and maintenance of historic buildings, and in sustainable new development; • to enhance and manage the public realm and protect views and setting; and

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• to work in partnership with the local strategic partnership, local people, businesses, agencies and other interested organisations.

2.2.2 Possible Effects The possible effects (direct and indirect) on designated sites and their protection, caused by the implementation of the objectives within the BCAMS are likely to be in the form of:

• Land take: There could be the potential to disturb, remove and replace small habitats and associated flora and fauna around the conservation area and risks of possible fragmentation of habitats and interruption of wildlife corridors. • Water resources: Discharge of construction drainage from new developments potentially contaminated with sediments or materials used on site (fuels, lubricants, hydraulic fluids, cement etc) potentially affecting both surface water (River Blyth) and groundwater. Significant new development or regeneration is likely to lead to an increased demand for water and wastewater treatment in Bedlington. There will be a requirement to make sure that increased water abstraction has no significant impacts on the European sites (e.g. impacts on hydrological regimes that in turn influence habitats and both plant and animal species). There will also be a need to ensure that wastewater is treated to acceptable levels in order to safeguard the quality of controlled waters and to make sure that there is no deterioration in amenity value of the River Blyth. • Traffic levels and congestion: Regeneration of Bedlington Conservation Area could lead to an increase in visitors and a corresponding increase in traffic and congestion. This could lead to increases in emissions and associated atmospheric pollution that can affect sensitive plant species (such as lichens). Increasing pedestrianisation of the conservation area could push traffic into other areas increasing congestion, noise and air pollution where previously these had not been problems. • General urbanisation: more development, activity and noise have the potential to cause disturbance within the environment. • Increased tourism and recreation: Regeneration of the conservation area could lead to more visits into or near to the European sites with consequential noise, disturbance (vehicles, cycles, people, walkers and dogs) trampling and litter all of which could affect sensitive habitats and bird species.

Table 2.2 provides a brief summary of the “generic” operations and actions that would be likely to cause an effect on an SPA and would therefore need to be considered within the Appropriate Assessment.

Table 2.2 Generic Actions that can cause Effects on European Sites

Operations likely to cause Actions that can cause the effect deterioration or disturbance Physical loss • Removal • Smothering Physical damage • Changes in land management practices • Prevention of natural erosion as in coastal defences, flood defences • Mineral extraction • Water abstraction • Recreational pressure – trampling, erosion etc • Drainage – increased run-off and land form disturbance can affect hydrology and groundwater of wetland sites Non-physical disturbance • Noise/ visual presence – recreational or industrial • Transport/navigation Toxic (and non-toxic) • Nutrient enrichment contamination Natural Capital Ltd 8 Northumberland County Council

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Operations likely to cause Actions that can cause the effect deterioration or disturbance contamination • Changes in turbidity (e.g. flood defence) • Changes in water level (e.g. water abstraction) • Changes in salinity (e.g. water abstraction) • Agricultural run-off Biological disturbance • Introduction of non-native species • Selective extraction of species

It should be emphasised that the lists in Section 2.2.2 and Table 2.2 are examples of the possible effects and more specific actions and operations are assessed against the interest features and conservation objectives in Tables 2.3, 2.5 and Section 3.

2.2.3 Possible in-combination effects The guidance9 indicates that it is essential to consider possible developments in adjoining local authority areas in order to assess whether there could be any “in- combination” effects caused by the cumulative effects of additional development plans and programmes.

Table 2.3 indicates some possible developments present in the Local Plan documents that are now part of Northumberland Local Development Framework (LDF) that would need to be taken into consideration.

9 Appropriate Assessment of Plans: Discussion Paper, Scott Wilson et al, June 2006

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Table 2.3 Developments in Nearby Districts of Previous Local Authorities (now part of Northumberland County Council)

Former Local House Construction Previously Other Developments Planned for Former Local Authority Areas Sources of Information Authority Proposed Blyth Valley 850 houses planned and received Key development planned for Blyth is the regeneration at Blyth Conversations with Borough Council permission for West Blyth. Estuary with plans for mixed-use development (housing, employment, Planning Officer at leisure). former Blyth Valley Borough Council. Tourism interest will be promoted where possible through planning decisions while seeking to avoid the direction of such developments Blyth Valley District towards the most environmentally sensitive areas. Local Plan. Blyth Valley Borough Council, 1999. The following locations will be established as the foci for increased leisure and visitor activity: Blyth Quayside (mixed use proposal) and Blyth Links. Castle Morpeth Land has been allocated as shown on the The council does not promote the development of its coastline for Conversations with District Council proposals map and there is an intention to renewable energy developments and considers it inappropriate. In all Planning Officer at accommodate approximately 2,500 cases involving wind turbines, the council will require that an Castle Morpeth Borough dwellings in Castle Morpeth between environmental assessment be undertaken of the proposals. Council. 1991-2006. Proposals for new development will not be permitted in flood risk Locations with over 100 dwellings planned areas or where development may increase the risk of flooding. Castle Morpeth District include: Grange Moor Farm, Widdrington Local Plan. Castle Station; North Farm, Pegswood; Stobhill The council will not grant planning permission for developments which Morpeth Borough Manor (Phase III). would adversely affect the North Northumberland Heritage Coast Council, 1991 – 2006. where no suitable locations for development can be found. The council will encourage the integrated management of the coastal zone for nature conservation and recreation.

The council will not permit development which would adversely affect the integrity of Ramsar sites, SACs and SPAs. Land for economic and tourism development will be located so as to support the needs of existing businesses, promote the creation of new employment and training opportunities and contribute to energy efficiency and sustainable development.

Land is allocated for retail development in Back Riggs retail opportunity area, Morpeth (1.79ha).

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2.3 SCREENING AND POTENTIAL EFFECTS

2.3.1 Screening the European Sites Annex A shows the rapid screening table used for assessing the potential for impact of the 18 objectives in the BCAMS on the European sites in and around the South East Area of the Northumberland County (see also Section 2.1). Screening did establish the possibility of effects on one site:

• Northumbria Coast SPA.

Screening suggested that for Northumbria Coast SPA there was some uncertainty as to the possible effects of objectives in the BCAMS that could impact on any natural heritage features within the conservation area such as roost sites or wildlife corridors. Objectives dealing with regeneration, housing, design, enhancement and demolition all could have some indirect impacts on any wildlife sites in the conservation area and the Northumbria Coast SPA and Ramsar site.

2.3.2 Screening the Potential Environmental Effects Because of the possibilities of adverse environmental effects on the Northumbria Coast SPA and Ramsar site arising from a number of objectives within the BCAMS the type of environmental effect is examined in more detail for this site.

Potential environmental effects listed in Section 2.2.2 have been considered in the context of the Northumbria Coast SPA and Ramsar site and the findings listed in Table 2.4.

Table 2.4 Screening the Potential Environmental Effects

Possible Potential of Objectives to Generate Effects on the Northumbria Environmental Effect Coast SPA • There would be no direct land take from the SPA as a result of the implementation of any objective • There could be indirect effects of policies that support land take Land take nearby, where this land could provide bird feeding and roost sites such as old buildings which could be removed and/or redeveloped or where the objectives promote development which could increase disturbance • Objectives are unlikely to cause any disturbances to water resources Water resources other than indirect risks during construction or increased pressure on water resources due to new development and regeneration Traffic levels and • Objectives are unlikely to cause any major changes to traffic levels congestion and congestion • The objectives are unlikely to lead to increased urbanisation as they General urbanisation are mainly concerned with conservation and regeneration of a small area which is already urbanised • Objectives include regeneration of an historic area which could attract Increased tourism more visitors to Bedlington and therefore to the coast and European site Renewable energy • Objectives are unrelated to renewable energy schemes schemes

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3 APPRAISAL

3.1 INTRODUCTION The initial screening exercise (Chapter 2) established that of the 15 European sites (including 3 Ramsar sites) 14 could be screened out of any more detailed assessment but that one should be examined further because of the potential effects that some of the objectives could have on this site.

The coastal zone of the South East Area of Northumberland County contains parts of the Northumbria Coast SPA and Ramsar site in sections immediately to the north and south of Newbiggin-by-the Sea and also to the north of the Blyth Estuary. Bedlington lies some 9km from the European site.

Table 3.1 summarises the appraisal for the Northumbria Coast SPA. Table 3.2 includes the appraisal for the Northumbria Coast Ramsar site. Both sites are considered because applying the precautionary principle it is possible that they could potentially be affected by objectives within the BCAMS related to regeneration, housing, design enhancement and demolition. The information in the tables includes the:

• qualifying features and conservation objectives for each site; • key environmental conditions supporting site integrity and site vulnerability; • possible impacts from the BCAMS objectives (in particular from land take, traffic, urbanisation, and tourism); • risk of a significant effect from these objectives on site integrity; • possible impacts from other plans (in-combination effects); • mitigation; and • residual effects.

In addition to the appraisal summarised in Tables 3.1 and 3.2 this chapter discusses in more detail some key considerations for the protection of the Northumbria Coast SPA and Ramsar Site. Section 3.2 considers site integrity and the movement of birds. The potential in-combination effects are also considered and discussed.

3.2 SPA SITE INTEGRITY – MOVEMENT OF BREEDING BIRDS AND REGULARLY OCCURRING MIGRATORY SPECIES Information gathered during the Appropriate Assessment indicates that both the Northumberland coast and the Northumberland uplands are of international importance for:

• their breeding bird communities; • the visiting winter migrants.

These areas generally support a wide range of wildfowl and wading birds and are renowned for their rich biodiversity. The shoreline provides winter feeding and resting grounds for many birds that nest in the uplands and it is important to note that these populations are also affected by development and management of the terrestrial areas. The intertidal mudflats of the estuaries are particularly important since they provide important roosting and feeding grounds for thousands of wading birds. The rocky shores provide a home for shellfish and a diversity of invertebrates and marine algae that in turn are food for wading and coastal birds. The intertidal areas are complimented by nearby farmland, derelict sites and

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Appropriate Assessment greenspaces that can provide high tide roosts and feeding for some birds in particular species of wader such as the golden plover (Pluvialis apricaria) and lapwing (Vanellus vanellus).

NCC is aware of this and recognises that these roosting/feeding sites should be protected and the movement of the birds unhindered since this is part of the “integrity” of the European Site that they belong to.

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Table 3.1 Summary of the Appraisal of the BCAMS – Northumbria Coast SPA

Site Qualifying Features Key Environmental Conditions Possible Impacts from BCAMS Possible Impacts Mitigation Residual and Conservation Supporting Site Integrity and from Other Plans Effect on Objectives Site Vulnerability Site Integrity Northumbria Qualifying features Key Environmental Conditions • Possible negative impact from Objective B if the Major regeneration The application of saved None, the Coast (SPA) Internationally • Coastal sand dunes and sand boundary encompasses and effects the integrity projects identified for Wansbeck Local Plan application of important populations beaches, machair and of natural heritage sites although this is Blyth Valley, policies including: these policies of regularly occurring predominantly shingle, sea considered unlikely. Wansbeck, and should Annex 1 (Little tern cliffs and inlets. • Objective D: Demolition could have negative Castle Morpeth • Policy GP8: The Coastal remove any Sterna albifrons) and • Shallow inshore waters. consequences for wildlife if old buildings or open areas could create Zone; risk. migratory bird species • Rocky shores with associated space which may be roosting sites are cumulative pressure • Policy GP13: (Turnstone Arenaria boulder and cobble beaches. destroyed. on habitat for Biodiversity and wildlife interpres and • Artificial high tide roost sites. • Regeneration actions from Objective J could migratory birds and networks Purple Sandpiper negatively effect roost sites and wildlife winter feeding 1 Calidris maritime). Site Vulnerability corridors. New development could increase the waders . Plus complimentary • Rocky reef and sea cave risk of construction run-off entering objectives within the SPD: communities are sensitive to watercourses that flow to the coast adversely Other local authority Objective M: Public Realm, Conservation operations that may result in affecting coastal habitats and the sites qualifying policies to promote Green Spaces and Trees. Objectives their damage or removal e.g. features. tourism will possibly Include: from trawling, dredging, • Possible positive affect from objective M: Public have cumulative To maintain in anchoring and coastal Realm, Green Spaces and Trees. This objective effect in terms of favourable condition development or from includes protection of biodiversity measures and additional visitor the habitats for the contamination by oil or helps to promote greenspaces which could activity and potential above qualifying sewage. provide habitats and wildlife corridors. disturbance. features. To also • Features found on sand and • Objective N (Research and Interpretation) include the intertidal mud flats such as eel grass provides positive opportunities for interpretation mudflats, sand dunes, and mussel beds and of wildlife features. coastal waters, reefs, associated animals that live in • Community involvement as a result of Objective rocky shores with the sediment are sensitive to O provides the opportunity to raise awareness of associated boulder and removal activities as above. natural heritage features within the area. cobble beaches and • Threats to all of this can also If suggested mitigation is implemented then no artificial high tide roost come from recreational use, significant effect on site integrity is expected sites. fisheries and waste water discharges. • Little terns are vulnerable to disturbance from tourists in the summer leading to reduced breeding success.

1 As part of on-going ecological survey work for the Blyth Estuary Framework Plan the Northumberland Wildlife Trust is currently collecting information on bird distribution in and adjacent to the SPA. This information will be available to be used to inform future environmental appraisals, EIAs and Appropriate Assessments of future specific proposals.

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Table 3.2 Summary of the Appraisal of the BCAMS – Northumbria Coast Ramsar Site

Site Qualifying Features Key Environmental Features and Possible Impacts from BCAMS Objectives Possible Impacts Mitigation Residual Factors Supporting Site Integrity from Other Plans Effect on Site Integrity Northumbria Species regularly • Several discrete sections of • Possible negative impact from Objective B if Major regeneration The application of saved None, the Coast supported during the rocky foreshore. Also includes the boundary encompasses and effects the projects identified for Wansbeck Local Plan application of Ramsar Site breeding season: Little an area of sandy beach at Low integrity of natural heritage sites although this Blyth Valley, policies including: these policies tern Sterna albifrons Newton and parts of three is considered unlikely Wansbeck and should albifrons artificial pier structures. • Objective D: Demolition could have negative Castle Morpeth • Policy GP8:The Coastal remove any consequences for wildlife if old buildings or areas could create Zone; risk. Species with peak • Species regularly supported open space which may be roosting sites are cumulative pressure • Policy GP13: counts in the winter: during breeding season: Great destroyed on migratory birds Biodiversity and wildlife Purple sandpiper cormorant Phalacrocorax carbo • Regeneration actions from Objective J could and winter feeding networks Calidris maritime carbo negatively effect roost sites and wildlife waders. maritime corridors. New development could increase Plus complimentary • Species regularly supported the risk of construction run-off entering Other local authority objectives within the SPD: Species with peak during breeding season: Black- watercourses that flow to the coast adversely policies to promote Objective M: Public counts in the winter: legged kittiwake Rissa tridactyla affecting coastal habitats and the sites tourism will possibly Realm, Green Spaces and Ruddy turnstone tridactyla qualifying features have cumulative Trees. Arenaria interpres • Possible positive affect from objective M: effect in terms of interpres • Species regularly supported Public Realm, Green Spaces and Trees. additional visitor during breeding season: Arctic This objective includes protection of activity and potential tern Sterna paradisaea biodiversity measures and helps to promote disturbance. greenspaces which could provide habitats • Species with peak counts in and wildlife corridors spring/autumn: European glover • Objective N (Research and Interpretation) plover Pluvialis apricaria provides positive opportunities for apricaria interpretation of wildlife features • Community involvement as a result of • Species with peak counts in Objective O provides the opportunity to raise winter: Common eider Somateria awareness of natural heritage features within mollissima mollissima the area

• Species with peak counts in If suggested mitigation is implemented then winter: Sanderling Calidris alba no significant effect on site integrity is expected • The site supports a rich algal flora and associated fauna, and forms an important feeding area for wading birds. The areas of sandy beach within the site support a flora including marram grass and sea sandwort.

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4 AVOIDANCE AND MITIGATION MEASURES

4.1 INTRODUCTION Chapter 2 described the screening process and also evaluated the likely causes of potential environmental effects on the European sites. Of the 15 sites considered 14 were screened out and the Appraisal therefore focuses on possible effects on the remaining site:

• Northumbria Coast SPA and Ramsar site.

Tables 3.1 and 3.2 summarise the appraisal and this chapter considers mitigation in more detail.

4.2 BCAMS OBJECTIVES The main objective of the BCAMS with the potential to effect the European sites is Objective J relating to potential development within the conservation management area:

Objective J: The Council will: i. put conservation at the heart of physical and economic regeneration; ii. continue to explore strategic regeneration opportunities to improve the condition, quality and authenticity of the built stock and public realm; iii. pay particular attention to the town centre retail and service sectors; iv. continue efforts to bring forward development on the Market Place gap site which, through design and use, preserve or enhance Market Place; v. promote the benefits of and encourage support for a heritage-led approach to regeneration to decision-makers, owners and traders; vi. ensure the special requirements of the conservation area are taken into account in plans or proposals for regeneration, including Go-Wansbeck; vii. in running the THI, have regard to best practice, and attend meetings of the regional THI practice group, NETHIOG; viii. investigate future heritage-led regeneration and funding options.

Regeneration involving new development could impact on wildlife sites within the conservation management area that might cause knock on affects for the Northumbria Coast SPA and Ramsar site. It could cause the destruction of potential roost sites and habitats for birds if old buildings are demolished or dramatically redesigned or open areas of land are used for new building.

In addition construction of new developments aimed at regenerating the area could have the potential to cause run-off potentially contaminated with sediments or materials used on site (fuels, lubricants, hydraulic fluids, cement etc) potentially affecting both surface water (River Blyth) and groundwater). There will also be a need to ensure that wastewater is treated to acceptable levels in order to safeguard the quality of controlled waters and to make sure that there is no deterioration in amenity value of the River Blyth or the associated coastal habitats into which it flows.

Saved Policies within the Northumberland Consolidated Planning Policy Framework from the Wansbeck Local Plan include policies that specifically target the protection of wildlife and biodiversity, the coastal zone and sites of importance to nature conservation (See Box 4.1) and it is considered that the successful implementation of these policies would provide sufficient protection of the European sites to ensure that the integrity was not adversely affected.

Natural Capital Ltd 17 Northumberland County Council

Appropriate Assessment

Box 4.1: Policies from The Wansbeck Local Plan that promote the protection and enhancement of the European sites and biodiversity

• Policy GP8: The Coastal Zone The Coastal Zone, as defined on the Proposals Map, will be protected and, where possible, improved. Development in or affecting the Coastal Zone will only be permitted if: a) a coastal location is essential and no suitable alternative site exists; and b) development would not cause harm to coastal systems and habitats. • Policy GP13 Biodiversity and wildlife network The value to biodiversity of all sites proposed for development will be considered when planning applications are determined whether or not they are designated sites. Particular importance will be attached to the protection of priority habitats and species in Wansbeck. Where proposals affect a habitat which contributes, or could potentially contribute, to a network of natural habitats the developer will be required to protect and enhance the network.

Objective M: Public Realm, Greenspace and Trees could have potentially beneficial effects on the integrity of the Northumbria SPA and Ramsar site because it includes the provision for the Council to;

“ensure the protection, enhancement and ongoing management of biodiversity in the conservation area.”

The supporting text which accompanies Objective M states clearly that:

“Future activities within the conservation area should not result in adverse impacts on protected species or sites of international, national or local nature conservation importance. Activities should seek to create and maintain the integrity of designated sites, habitat networks and multi-functional green infrastructure.”

Given the presence of the above text in the BCAMS, it is considered that a firm commitment to preventing adverse effects on sites and species of nature conservation importance is enshrined in the document.

4.3 URBANISATION, TOURISM AND RECREATION AND POSSIBLE IN-COMBINATION EFFECTS The development and regeneration of the Conservation Area has the potential to increase visitor and recreation activities and traffic movements within the area and potentially within the coastal zone, in areas that could be vulnerable to recreational pressure. Added to this the potential extra housing associated with the regeneration plans for the area (increased urbanisation) could add an additional burden of noise and disturbance from people, traffic, dog walkers and children playing within the coastal strip.

Development plans for other areas within Northumberland County include provisions for additional housing, employment and tourism developments on the coast that could also add further pressure to the area. At the present time these effects are likely to be diffuse and in the case of tourism weather dependent so this appraisal is unable to quantify them with any accuracy. Visits are made at present and research will be required to appraise the numbers of current visits and traffic movements and the likely increases from development (and from possible in-combination effects), before an appraisal of effects could be made and the current and likely future impacts on the qualifying features of the SPA ascertained.

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Appropriate Assessment

5 CONCLUSIONS

5.1 MAIN CONCLUSIONS Bedlington Conservation Area Management Strategy (BCAMS) Supplementary Planning Document generally provides a neutral framework for conservation and enhancement of the area’s biodiversity, including the Natura 2000 sites.

The potential impacts from the document are related to the possibility for regeneration and development of the area to indirectly effect potential wildlife sites within the conservation area such as roost sites and wildlife corridors and adjacent watercourses leading to the European site.

Objective M: Public Realm, Green Spaces and Trees provides a positive framework for potential protection of wildlife features including the creation of increased habitat in the form of green spaces and protection and enhancement of biodiversity.

It was concluded that the BCAMS would not significantly adversely affect the integrity of any of the European sites and in particular the Northumbria Coast SPA and Ramsar site provided that mitigation measures summarised in Chapter 4 are successfully implemented. Where any conceivable risk presented by objectives had been identified, these were adequately mitigated either by existing pollution control and nature conservation regulations administered by the Environment Agency and Natural England or by saved policies within the NCC Local Development Framework.

5.2 RECOMMENDATIONS Following consultation with Natural England in 2008 the wording of Objective M was altered to that which is now presented in the current BCAMS document upon which this assessment has been made. It is therefore felt that adequate mitigation is in place in the document to prevent any possible adverse impacts on Natura 2000 sites and biodiversity as a whole.

Natural Capital Ltd 19 Northumberland County Council

ANNEX A

SCREENING TABLE FOR BCAMS OBJECTIVES

Appropriate Assessment Annex A

A1 This annex reports the screening undertaken of the policies within the Bedlington Conservation Area Management Strategy (BCAMS) Pre-Adoption Supplementary Planning Document (SPD) against the various European Natura 2000 sites in the general area.

A screening system was developed and used based on the following scale of effects.

VV Clear strong positive effects V Broadly supportive 0 Neutral or no discernible effect U Likely negative effect ?U Uncertain possible negative effect

The screening is summarised in the following table which lists the policies and presents the findings of the screening in relation to each of the Natura 2000 sites.

To carry out the screening process, a set of questions based on key criteria that relate to the qualifying interests and integrity of the sites was established to aid in the decision making process for assessing whether the policies would impact on site integrity. The questions are summarised in the following table.

Key Questions used in the Screening Process Will the policy cause physical loss or damage to the European site? Will the policy cause pollution to land, sea or air that might impact upon the qualifying features? Will the policy restrict the capacity to meet conservation objectives? Will the policy disrupt those factors which help maintain the favourable conditions of the site? Will the policy interfere with the balance, distribution and density of key flora and fauna that are the indicators of the favourable condition of the site? Will the policy increase disturbance close to the site? Will the policy encourage further access to the site by the public and their pets? Will the policy result in the removal of roosting grounds? Will the policy cause an increase in the scale or nature of development near the site, which could cause an impact on the site and affect site integrity? Will the policy change the type of development currently near the site that could lead to future impacts on the site? Will the policy affect areas utilised by qualifying bird species outside of the SPA? Will the policy encourage the encroachment on bird flight paths or affect their habitat? Will the policy increase developmental creep that could attract other types of development that might be more likely to have an impact on the site? Will the policy increase the likelihood of coastal or foreshore developments?

The screening exercise concluded that 14 out of the 15 European sites in the surrounding area could be screened out of detailed appraisal.

Natural Capital Ltd A - 1 Northumberland County Council Appropriate Assessment Annex A

s h d d e t t e n n i SPA and SAC r n a a S o

u r N

Sites A

D a C P A s

A S P

C m S d S s

a A

t n s R S

d s

a

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n a C s

r d C s

M a

o C e e A n

C a A l

A A C b a A d S C a o A S

P C

P

n S d m S s A D C

A S s A a S C r l n u t y

S P l e

S o r i d A a s h s e

l S e n t n a o a n a i S H r k d r d e e r i

i e u t t a e e o a r n e n M i i t o l s e h F n b L b n e a

C s s s S S

d N l r s e

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i e l

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h h h h h u e o t h t t t w b

d b n e d C e r q r l r r r r m r w m r r v m n e o o u o a a e o a o o i A i BCAMS a o i w Objectives B N C D F F H R H L N N R N S N S T R Objective A: Vision & Objectives 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0

Objective B: Boundary Review 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0

Objective C: Local List 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Objective D: Demolition 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0 Objective E: Permitted Development Rights & 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Article 4(2) Directions Objective F: Enforcement & Monitoring 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Natural Capital Ltd A - 2 Northumberland County Council Appropriate Assessment Annex A

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A S s A a S C r l n u t y

S P l e

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C s s s S S

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d b n e d C e r q r l r r r r m r w m r r v m n e o o u o a a e o a o o i A i BCAMS a o i w Objectives B N C D F F H R H L N N R N S N S T R Objective G: Areas of Archaeologic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 al Sensitivity

Objective H: Design 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0

Objective I: Building Maintenance 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 & Repair

Objective J: Regeneration 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0

Natural Capital Ltd A - 3 Northumberland County Council Appropriate Assessment Annex A

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A S P

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A S s A a S C r l n u t y

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C s s s S S

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d b n e d C e r q r l r r r r m r w m r r v m n e o o u o a a e o a o o i A i BCAMS a o i w Objectives B N C D F F H R H L N N R N S N S T R Objective K: Enhancement 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0 Opportunities Objective L: Development Briefs 0 0 0 0 0 0 0 0 0 ?x 0 0 0 0 0

Objective M: Public Realm, Green ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V ?V Spaces & Trees Objective N: Research & V Interpretation 0 0 0 0 0 0 0 0 0 ?V 0 0 0 0 0

Objective O: Community Involvement 0 0 0 0 0 0 0 0 0 ?V 0 0 0 0 0

Natural Capital Ltd A - 4 Northumberland County Council Appropriate Assessment Annex A

s h d d e t t e n n i SPA and SAC r n a a S o

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C s s s S S

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d b n e d C e r q r l r r r r m r w m r r v m n e o o u o a a e o a o o i A i BCAMS a o i w Objectives B N C D F F H R H L N N R N S N S T R Objective P: Conservation Area Advisory 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Group / THI Partnership Objective P: Council Resources & 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Corporate Working

Objective Q: Design Review Panel

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Natural Capital Ltd A - 5 Northumberland County Council Appropriate Assessment Annex A

s h d d e t t e n n i SPA and SAC r n a a S o

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A S s A a S C r l n u t y

S P l e

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i e u t t a e e o a r n e n M i i t o l s e h F n b L b n e a

C s s s S S

d N l r s e

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T a a c u a u e M d n i s a o u e s s i r

h h h h h u e o t h t t t w b

d b n e d C e r q r l r r r r m r w m r r v m n e o o u o a a e o a o o i A i BCAMS a o i w Objectives B N C D F F H R H L N N R N S N S T R Objective R: External Funding 0 0 0 0 0 0 0 0 0 ?V 0 0 0 0 0

Natural Capital Ltd A - 6 Northumberland County Council

ANNEX B

CONSULTATION WITH NATURAL ENGLAND 2008

Appropriate Assessment Annex B

Section Comments Response/Action From Natural England in letter dated 24 November 2008 General Comments Strategic Environmental • The sustainability appraisal/SEA has not been carried out correctly. The SA objectives N/A. These comments apply to the Assessment/Sustainability (which the SPD states have no relationship) should not have been screened out to leave Sustainability Appraisal Document not Appraisal only those expected to relate adversely to environmental issues. For example given the the Appropriate Assessment approach in the Bedlington SPD to heritage led regeneration and to community involvement, it is not clear why the economic and community SA objectives have not been included. • The SA should also be considering positive and negative effects, with consideration of protection, mitigation and enhancement opportunities which could amend SPD policies/objectives being considered. • Appendix 4 should provide the full list of SA objectives. Please also note our previous comments on the SEA document baseline data in our letter dated 20th March 2008. Annex 1: Bedlington Conservation Area Management Plan SPD Development Plan • This should also identify the relevance of the protected species policy GP12. Noted and agreed. The relevance of protected species policy GP12 has been included in Section 4.2 Implementation • In all works proposed there is a need to ensure that areas used by any protected species Noted and agreed are taken into account, with proposed mitigation measures where appropriate, taking into account the requirements of the Conservation (Natural Habitats &c) (Amendment) Regulations 2007 • In addition please note that wildlife legislation operates independently of the planning Noted and agreed system and any works must comply with the relevant law, including obtaining and complying with the terms and conditions of any licences required as described in Part IV B of ODPM Circular 06/2005 and the requirements of the Conservation (Natural Habitats &c) (Amendment) Regulations 2007. • Implementation Design/Public Realm Opportunities should be sought to incorporate Noted and agreed biodiversity benefit through good design. In addition activities throughout the Conservation Area should seek to create and maintain the integrity of designated sites, habitat networks and multi functional green infrastructure. Objective L vii • Whilst we welcome this objective, for maximum benefit it should read ‘ensure the protection, Noted and included in Section 5.2 enhancement and on going management of biodiversity in the conservation area’. Recommendations SA Appendix 3 Page 17 • This section recognises that activities within the Conservation Area should not result in Noted and included in Section 5.2 adverse impacts on protected species or sites of international, national or local nature Recommendations conservation importance. This point needs to be recognised and incorporated into the text of the SPD document.

Natural Capital Ltd B - 1 Northumberland County Council

ANNEX C

BIBLIOGRAPHY AND SOURCES OF INFORMATION

Appropriate Assessment Annex C

Alnwick District Wide Local Plan. Council, Adopted 1997.

Alnwick District Local Development Framework Core Strategy Submission Draft 2006

Alone or in Combination, Habitats Regulations Guidance Note, HRGN 4, English Nature, 2001.

Berwick-upon-Tweed Local Plan. Berwick-upon-Tweed Borough Council, 1999.

Blyth Valley District Local Plan. Blyth Valley Borough Council, 1999.

Blyth Valley District Local Development Framework Core Strategy - Blyth Valley Borough Council, Submission Draft 2006.

Castle Morpeth District Local Plan. Castle Morpeth Borough Council, 1991 – 2006.

Convention on wetlands of international importance especially as waterfowl habitat, Ramsar, Iran 2nd Feb 1971.

Council Directive on the conservation of wild birds of 2nd April 1979 (79/409/EEC) and Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora of 21st May 1992.

Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System, ODPM Circular 06/2005, Defra Circular 01/2005, August 2005.

Managing Flood Risk. Wansbeck and Blyth Catchment Flood Management Plan. Consultation Summary Document, Environment Agency, September 2006.

Managing Natura 2000 Sites – The provisions of Article 6 of the Habitats’ Directive 92/43/CEE, Official Publication of the European Communities, 2000.

North East Northumberland Catchment Flood Management Plan, Scoping report, Environment Agency, October 2006.

North East Regional Renewable Energy Strategy, North East Assembly, March 2005.

Planning for the Protection of European Sites: Appropriate Assessment, Guidance for Regional Spatial Strategies and Local Development Documents, Department for Communities and Local Government, August 2006.

Statutory Instrument 1994/2716 which came into force on 30 October 1994.

The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitat &) Regulations, 1994, Habitats Regulation Guidance Note, HRGN 1, English Nature, 1997.

The Berwickshire and North Northumbria Coast European Marine Site: A Vision for the Future, Northumbria County Council. Available: www.xbordercurrents.com

Natural Capital Ltd C - 1 Northumberland County Council Appropriate Assessment Annex C

The Determination of Likely Significant Effect under the Conservation (Natural Habitat &) Regulations 1994, Habitats Regulation Guidance Note, HRGN 3, English Nature, 1999.

The Re-deposit Draft Replacement Wansbeck District Local Plan, Wansbeck District Council, 2005.

Tynedale District Local Plan, Tynedale District Council, Adopted 2000.

Tynedale District Local Development Framework Core Strategy, Tynedale District Council, Submission Draft 2006.

Websites

European Sites:

The Joint Nature Conservation Committee (JNCC). www.jncc.gov.uk

English Nature, Nature on the Map. www.natureonthemap.org.uk

English Nature. www.english-nature.org.uk

Natural England. www.naturalengland.org.uk

United Kingdom Marine Special Areas of Conservation. www.ukmarinesac.org.uk

Local Authority: www.alnwick.gov.uk www.berwick-upon-tweed.gov.uk www.blythvalley.gov.uk www.castlemorpeth.gov.uk www.tynedale.gov.uk www.wansbeck.gov.uk

Ornithological:

Royal Society for the Protection of Birds (RSPB). www.rspb.org.uk

The British Trust for Ornithology (BTO). www.bto.org

Other:

Northumberland National Park. www.northumberland-national-park.org.uk

Environment Agency. www.environment-agency.gov.uk

Northumbrian Water. www.nwl.co.uk

Telephone conversations with:

Natural Capital Ltd C - 2 Northumberland County Council Appropriate Assessment Annex C

Planning Officers at Berwick-upon-Tweed Borough Council, Blyth Valley Borough Council, Castle Morpeth Borough Council, Tynedale District Council and Northumberland County Council.

Planning Policy Officer at Northumberland National Park.

Natural England North East Region Office.

Natural Capital Ltd C - 3 Northumberland County Council NaturalCapitalLtd 13CoatesCrescent Edinburgh EH37AF Tel:01312206121 Fax:01312206131 Email:[email protected]