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Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 Contents Contents DOCUMENT CONTROL SHEET . DOCUMENT CONTROL SHEET 3 REGION 1. INTRODUCTION 5 2. GUIDANCE AND APPROACH TO 9 HRA 3. EVIDENCE GATHERING 12 3.1 Impact Pathways 12 3.2 Determination of Sites 17 3.2.1 Durham Coast SAC 19 3.2.2 Northumbria Coast SPA and 25 Ramsar 3.2.3 Teesmouth and Cleveland 30 Coast SPA and Ramsar 3.2.4 Castle Eden Dene SAC 35 3.2.5 Thrislington SAC 39 3.2.6 North Pennine Moors SAC 43 and SPA 3.2.7 Moor House Upper Teesdale 56 SAC 3.2.8 North Pennine Dales 67 Meadows SAC 3.2.9 Tyne and Allen River 73 Gravels SAC 3.2.10 Ox Close SAC 76 3.2.11 Helbeck and Swindale 80 Woods SAC 3.2.12 Asby Complex SAC 83 3.2.13 Tyne and Nent SAC 87 3.2.14 River Eden SAC 90 3.2.15 Determination of Sites: 98 Conclusion 3.2.16 Functional Land 98 3.3 In combination Plans / 106 Projects Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 Contents 4. SCREENING 118 4.1 Preliminary Assessment 121 4.2 Outcome of Screening 124 Assessment 5. NEXT STEPS 131 APPENDICES A. COMPONENT SSSI'S AND 134 CONDITION STATUS B. REVIEW OF OTHER 139 PLANS/PROJECTS C. SCREENING FOR LIKELY SIGNIFICANT EFFECTS: 191 HOUSING GROWTH AND DISTRIBUTION D. SCREENING FOR LIKLEY SIGNIFICANT EFFECTS: 202 MINERALS OPTIONS Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 Document Control Sheet Document Control Sheet Prepared by: Nadia Wetherell - Sustainability and Climate Change Officer Dean Pearson - Sustainability and Climate Change Officer Reviewed by: Terry Coult - Principal Ecologist Signature: Approved by: Steve Bhowmick - Environment and Design Manager Signature: Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 Introduction 1 Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 4 Introduction 1 1 Introduction 1.0.1 County Durham has a number of European protected wildlife sites, designated and protected under the Conservation of Habitats and Species Regulations 2010 (as amended). The UK regulations transpose the European Union’s Birds Directive (79/409/EEC) and Habitats Directive (92/43/EEC) into UK law. 1.0.2 The sites in County Durham form part of a wider European network of sites known as Natura 2000. Natura 2000 sites are of exceptional importance in respect of rare, endangered or vulnerable natural habitats and species within the European Community. Natura 2000 sites include: Special Protection Areas (SPAs) - protected because they constitute internationally important areas for breeding, feeding, wintering or the migration of rare and vulnerable species of birds listed under the Birds Directive; and Special Areas of Conservation (SACs) - protected because they make a significant contribution to conserving habitats and species listed in the Habitats Directive 1.0.3 The UK Government's National Planning Policy Framework requires that listed or proposed Ramsar sites should also be given the same protection as European sites. (i) Ramsar sites are wetlands of international importance, designated under the Ramsar Convention 1979. 1.0.4 Legislation applies the precautionary principle to Natura 2000 sites. Plans and projects can only be permitted having ascertained that there will be no adverse effect on the integrity of site(s). Habitat Regulations Assessment (HRA) is an assessment tool required by law to determine whether plans or projects will impact upon site integrity or not. Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) requires that: “A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which: a) is likely to have a significant effects on a European or a European offshore marine site (either alone or in combination with other plans or projects), and b) is not directly connected with or necessary to the management of that site Must make an appropriate assessment of the implication for that site in view of that site’s conservation objectives” 1.0.5 The term, HRA, has come into use for describing the overall assessment process including screening and the specific appropriate assessment stage. i Communities and Local Government National Planning Policy Framework (March 2012) Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 5 1 Introduction Preparation of a Local Plan 1.0.6 The National Planning Policy Framework (NPPF) requires all councils to produce a Local Plan and keep it up to date. Since the Local Government Review in 2009, Durham County Council have utilised saved policies from the old local plans produced by the former local authorities. With an up-to-date Local Plan, the Council has more influence over the location of new development and the provision of infrastructure. Having an up to date Local Plan therefore creates certainty and makes it easier to resist inappropriate development and secure new infrastructure such as schools and health facilities. 1.0.7 The new Local Plan will provide the policy framework for managing development and addressing key planning issues within the County up to 2033 and once adopted, will replace the saved planning policies that are currently in use. In addition to the Local Plan, there will be one other future document. The Minerals and Waste Policies and Allocations Document will be prepared to complement the minerals and waste policies of the Local Plan. It will contain detailed development management policies and any non-strategic minerals and waste allocations which are considered necessary to meet the future needs of County Durham and make an appropriate contribution, if necessary, to wider regional and national needs for mineral supply. Once adopted the policies and provisions of the Minerals and Waste Policies and Allocations document will replace any remaining saved policies of the County Durham Minerals Local Plan (December 2000) and the saved policies of the County Durham Waste Local Plan (April 2005). 1.0.8 As both documents are not directly connected with or necessary to the management of Natura 2000 sites they will need to be subject to HRA. Purpose of this Report 1.0.9 In order to commence the preparation of a Local Plan it is first necessary to explore the strategic issues and plan options including how much development is needed, where it should be located and what the reasonable alternatives / options are for addressing planning issues . Whilst the detail of the actual development sites and the planning policies will evolve as the consultation stages on the new Local Plan progress, best practice guidance advises that HRA should begin early in the plan-making process in order to influence the development of the Plan as it emerges. 1.0.10 The purpose of this report is, therefore, to present a 'high level' HRA screening assessment of the strategic options and advise upon potential effects which cannot be 'screened out' and may need to be subject to 'appropriate assessment'. 1.0.11 This report contains the following sections: Section 1 - This section has presented the purpose of HRA and of this report. Section 2 - outlines the guidance referred to and the approach adopted to undertaking the HRA of the emerging Plan Section 3 - describes potential impact pathways to European protected sites, determines which sites should be included within the screening assessment and describes how they may be impacted by the Plan 6 Interim Habitats Regulations Assessment of the County Durham Plan: Issues and Options 2016 Introduction 1 Section 4 - describes the screening process and its outcomes Section 5 - concludes this report with recommendations for next steps What we need you to do 1.0.12 Due to the technical nature of this report we anticipate that consultation responses will be limited to stakeholders representing nature conservation bodies or with ecological expertise. However, all are welcome to provide comment and to aid effective consultation we ask specific consultation questions throughout this initial report. Please consider replying to these questions in your response, answering as many or as few as you like. Please note however, that we welcome any further comments you may have on any aspect of this report. The consultation questions are framed in yellow boxes throughout this document. An example is shown below: Question 1 Are there any other sources of HRA guidance that you consider the Council should refer to? All responses to the County Durham Plan and its assessment are being collated by the Spatial Policy Team. You can send responses in a number of ways, but we would like to encourage you to submit your views online, via our interactive website, at: http://durhamcc-consult.limehouse.co.uk/portal/planning/iohra This method should save you time and it will allow us to process and consider your comments more quickly. We hope that you will find the website quick and easy to use. Once your comments have been submitted they will be processed and added to the interactive website where you will also be able to see what comments have been made by others. Names will be made available, unless we are notified otherwise. In order to protect your privacy all other information you provide when registering will not be open to public view. All of your comments will however be publicly available so please ensure that you do not include any personal details, such as your address within your comments. Responses can also be sent by email to: [email protected] A response form is also available for download from the website. If you do not have access to the Internet, please respond in writing to: FREEPOST SPATIAL POLICY.
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