NCC - CE HRA Technical Consideration Report A Report on behalf of Dstl December 2015 30 Brock Street Bath BA1 2LN tel: 01225 445548 fax: 01225 312387 info@npaconsult,co.uk www.npaconsult.co.uk NCC-CE HRA Habitat Regulations Assessment Dstl CONTENTS 1.0 Introduction 2.0 HRA Screening Assessment 3.0 Habitat Regulation Assessment - Details to Inform the Appropriate Assessment 4.0 Mitigation and Conclusions Figures 1: Porton Down Campus Masterplan Zones of Potential Development/Refurbishment 2: Location of the proposed NCC-CE development at Porton Down in relation to the Porton Down SPA & Salisbury Plain SAC. Appendices 1: Porton Down SPA and Salisbury Plain SAC: Site Characterisations II: Stone Curlew Project Document Dstl/NPA/10638 NICHLOLAS PEARSON ASSOCIATES NCC_CE HRA .docx NCC-CE HRA Habitat Regulations Assessment Dstl 1.0 INTRODUCTION 1.1 This report sets out the Project Level Screening Assessment for the NCC-CE (building numbers 700,750,800 & 850) within the Porton Down Campus, Porton Down, Wiltshire a development proposed under Project Helios. 1.2 The Defence Science and Technology Laboratory (Dstl) Porton Down is a 2762 hectare (ha) site and includes 1519 ha of designated chalk downland. Part of the estate comprises offices and laboratories, while the perimeter is arable farmland, managed by tenant farmers (Atkinson 2014)1. 1.3 The location of the NCC-CE buildings are within an area known as the Citadel (also known as the Enclosed Area or Core Enclosure) which is a built up area in the western part of the Porton Down Campus. 1.4 The Porton Down Science Campus Masterplan2 (also referred to as the ‘Campus Masterplan’) was adopted by the then Salisbury District Council (now Wiltshire Council) as Supplementary Planning Guidance in February 2007. Following this, a strategic Habitat Regulations Assessment (HRA) was undertaken and to identify any forthcoming developments/demolition and possible re-development of areas of the Campus at Porton Down. The Porton Down Masterplan HRA Technical Consideration Report3 was put together to inform the HRA in conjunction with Natural England and Wiltshire Council. 1.5 The Porton Down Masterplan HRA Technical Consideration Report highlighted a number of potential Zones of Development (Figure 1) as details on specific developments were not known at the time. The NCC_CE building is located within Zone 4. The intention is to undertake project specific HRAs as more detail on each development becomes available. This is to assess mitigation measures set out in the Masterplan HRA in the light of up-to-date information on the Stone Curlew Project which forms the basis for all mitigation on Stone Curlew Burhinus oedicnemus at Porton Down. 1.6 Habitats within the proposed development Site comprised hard standing and buildings, while habitats within the wider area surrounding the Citadel comprised patches of amenity grassland 1 Atkinson (2014). Stone Curlews on Porton Down. Dstl. 2 Originally prepared in 2007 and updated in 2012. 3 Nicholas Pearson Associates (September 2014). Porton Down Masterplan HRA Technical Consideration Report. Dstl/NPA/10638 1/27 NICHLOLAS PEARSON ASSOCIATES NCC_CE HRA .docx NCC-CE HRA Habitat Regulations Assessment Dstl and mixed semi-natural woodland to the south and west. No foraging or nesting habitat for Stone Curlew (as the only qualifying feature of the Porton Down Special Protection Area (SPA) is provided within the proposed site and the closest record is just less than 500m away to the north –west. 1.7 The overall conclusions of the of the Appropriate Assessment (AA) part Porton Down Masterplan HRA undertaken by the MOD (as the competent authority) were: .....'Based on the information presented in the latest version of the Porton Down Masterplan, the MOD believes there should be no likely significant effects arising from the developments outlined in the Masterplan. However, some projects will be subject to a HRA at the planning application stage in order to explore the potential likely significant effects described here and identify suitable mitigation, if required. The Porton Down Stone Curlew Project4 aims to deliver mitigation for stone curlew ahead of these project level assessments being made and these mitigation actions are essentially banked for future consideration'. 1.10 This report provides a Project Level Habitats Regulations Screening Assessment of the proposals for the NCC-CE. 1.11 The Habitats Directive protects habitats and species of European nature conservation importance. Together with the Birds Directive, the Habitats Directive established a network of internationally important sites designated for their ecological status. SPAs are designated under the Birds Directive in order to protect rare, vulnerable and migratory birds. SACs, and European Offshore Marine Sites (EOMS) are designated under the Habitats Directive and promote the protection of flora, fauna and habitats. Internationally important wetlands are designated under the Ramsar Convention 1971. UK Government policy states that the Ramsar sites and potential SPAs are afforded the same protection as SPAs and SACs for the purpose of considering development proposals that may affect them. These sites combine to create a Europe-wide ‘Natura 2000’ network of sites. 1.12 The HRA tests whether the impacts identified as arising from a proposal, plan or project are likely to have a significant effect on European Sites of nature conservation importance. Articles 6 (3) and 6 (4) of the Habitats Directive require an ‘appropriate assessment’ to be undertaken on proposed plans or projects which are not necessary for the management of the European 4 See Appendix I1 Dstl/NPA/10638 2/27 NICHLOLAS PEARSON ASSOCIATES NCC_CE HRA .docx NCC-CE HRA Habitat Regulations Assessment Dstl Site, but which are likely to have a significant effect on one or more European Sites either individually, or in combination with other plans, programmes or projects. In England and Wales this requirement was transposed into UK law by the Conservation of Species and Habitats Regulations 2010 (as amended) (the ‘Habitats Regulations’). The process of fulfilling the requirements of the Directive and the Regulations is now in practice referred to as HRA, and Appropriate Assessment (AA) if required, forms a stage within the overall HRA process. 1.13 The flow diagram outlines the key stages involved in the Habitat Regulations Assessment process: Stage One: Screening Gathering information on the plan/project, European Sites, their conservation objectives and characteristics and other plans and projects Considering the potential for likely significant effects (LSE). Stage Two: Appropriate Assessment If the potential for LSE is identified and European Sites ‘screened in’ to the Project Level HRA, then undertake further work to ascertain the effect on the site conservation objectives and site integrity. Considering how effects might be avoided or effectively mitigated through alterations to the plan /project. Stage Three: Assessment of Alternative Sites If proposal for avoidance and/or mitigation unable to cancel out adverse significant effects, then alternative solutions must be considered (may include different locations or process alternatives). Any alternative solutions should be subject to Stage One and Stage Two, Appropriate Assessment if necessary. Dstl/NPA/10638 3/27 NICHLOLAS PEARSON ASSOCIATES NCC_CE HRA .docx NCC-CE HRA Habitat Regulations Assessment Dstl Stage Four: Assessment where no Alternative Solutions Exist If no alternative solutions exist, consideration should be given to whether the sites host priority habitats/species, and if there are important human health/safety considerations or important environmental benefits from delivering the plan. If Imperative Reasons of Overriding Public Interest (IROPI) are determined, then compensatory measures must be designed, assessed and put in place, prior to the commencement of the plan. 2.0 HRA SCREENING ASSESSMENT European Site Characterisations 2.1 The screening process is the first stage of any HRA and is focused on the 'Likely Significant Effects’ (LSE) test. The aim of the LSE test is to determine whether the project either alone, or in-combination with other plans and projects is likely to result in a significant effect at European Site[s]. This is essentially a risk assessment process that seeks to understand whether there are any mechanisms for identified impacts arising from the project/plan to adversely affect the European Sites (i.e. a cause-effect pathway). The key questions asked are: Would the effect undermine the conservation objectives for the European Site? • Can significant effects be excluded on the basis of objective information? 2.2 An overall distance of 4 km was used to search for European designated sites and three sites were identified; Salisbury Plain SAC, Porton Down SPA, and the River Avon SAC. Two of these are located within 1km; the Salisbury Plain SAC and the Porton Down SPA lie 776m east of the proposed development while the River Avon SAC is approximately 3.3km away (Figure 2). 2.3 The Stage 1 Screening assessment undertaken as part of the Masterplan HRA Technical Consideration ruled out potential LSE in relation to the Salisbury Plain SAC for all Zones of Development. A detailed account of the qualifying features of the Salisbury Plain SAC is provided in Appendix 1. In summary the SAC is designated for its semi-natural grassland, with the main habitat type being 'orchid-rich sites' and supporting extensive areas of CG3 Bromus erectus grassland,