RECORD OF THE HABITATS REGULATIONS ASSESSMENT UNDERTAKEN UNDER REGULATION 61(1) OF THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (AS AMENDED) FOR AN APPLICATION UNDER THE PLANNING ACT 2008 (AS AMENDED) Project Title: HINKLEY POINT C NUCLEAR GENERATING STATION AND ASSOCIATED DEVELOPMENT Final 18 March 2013 CONTENTS Page Section 1 Introduction 3 Section 2 Project Description 10 Section 3 Project Location and Designated Sites 18 NO SIGNIFICANT EFFECTS REPORT 24 Section 4 Test for Likely Significant Effects 25 APPROPRIATE ASSESSMENT 32 Section 5 Introduction 33 Section 6 Severn Estuary SAC/Ramsar 35 Feature 1 – Estuaries 35 Feature 2 – Sub-tidal sandbanks 47 Feature 3 – Inter-tidal mudflats and sandflats 51 Feature 4 – Atlantic salt meadows (saltmarsh) 56 Feature 5 – Biogenic reefs 58 Feature 6 – Migratory fish and fish assemblage 62 Section 7 Severn Estuary SPA/Ramsar 75 Section 8 Somerset Levels and Moors SPA/Ramsar 89 Section 9 Exmoor and Quantock Oakwoods SAC 91 Section 10 Conclusions on Site Integrity 96 Annex A Conservation Objectives 101 Annex B Development Consent Order Requirements and 110 Environment Agency Conditions Figures and Tables Figure 1.1 Hinkley Point C Development Site 11 Figure 1.2 Location of Off-site Associated Developments 12 Figure 1.3 Hinkley Point C and Adjacent European Sites 19 Figure 1.4 Hinkley Point C European Sites 20 Table 1. Features of relevant European sites 21 Table 2. European sites screened out 26 1. INTRODUCTION Background 1.1 This is a record of the Habitats Regulations Assessment (HRA) the Secretary of State for Energy and Climate Change has undertaken under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) in respect of the Development Consent Order (DCO) for the proposed Hinkley Point C Nuclear Generating Station and Associated Development, (“HPC” hereafter). For the purposes of Regulation 61, the Secretary of State is the competent authority for the HPC application that has been submitted under the Planning Act 2008 regime (as amended). 1.2 On 31 October 2011, NNB Generation Company Ltd. (part of EDF Energy and “the applicant” hereafter) submitted an application under Section 37 of the Planning Act 2008 (as amended) to the Infrastructure Planning Commission (IPC) (now the Planning Inspectorate) for consent for the construction and operation of a nuclear power station comprising two European Pressurised Reactor (EPR) units at Hinkley Point in Somerset (HPC main site) and several linked items of infrastructure, termed “associated development.” Each EPR unit would be capable of producing around 1,630 MW of electricity, giving a total generating capacity of 3,260 MW. The application is described in more detail in Section 2. 1.3 In England and Wales, onshore energy generating stations greater than 50 MW constitute nationally significant infrastructure projects (NSIPs) and applications for consent are subject to the requirements of the Planning Act 2008 (as amended). 1.4 On 17 February 2012, the Chair of the IPC appointed a three member Panel as the Examining Authority for the application (the “Panel” hereafter). Two additional members to the Panel were appointed in March and April 2012. The examination of the application began on 21 March 2012 and was completed on 21 September 2012. The Panel submitted its report of the examination to the Secretary of State on 19 December 2012. The Secretary of State’s conclusions on habitats and wild birds issues contained in this HRA report have been informed by the Panel’s report to him and further information and analysis, including a Report on the Implications for European Sites (RIES), as set out in paragraph 1.11. Habitats Regulations Assessment (HRA) 1.5 Council Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and Council Directive 2009/147/EC on the conservation of wild birds (the Birds Directive) aim to ensure the long-term survival of certain species and habitats by protecting them from adverse effects of plans and projects. 1.6 The Habitats Directive provides for the designation of sites for the protection of habitats and species of European importance. These sites are called Special Areas of Conservation (SACs). The Birds Directive provides for the classification of sites for the protection of rare and 3 vulnerable birds and for regularly occurring migratory species. These sites are called Special Protection Areas (SPAs). SACs and SPAs are collectively termed “European sites” and form part of a network of protected sites across Europe. This network is called Natura 2000. 1.7 The Conservation of Habitats and Species Regulations 2010 (as amended) (“the Habitats Regulations” hereafter) transpose the Habitats and Birds Directives into UK law as far as the limit of territorial waters. The Convention on Wetlands of International Importance 1972 (the Ramsar Convention) provides for the listing of wetlands of international importance. These sites are called Ramsar sites. UK Government policy is to afford Ramsar sites the same protection as European sites. 1.8 Regulation 61 of the Habitats Regulations provides that: “a competent authority, before deciding to... give consent, permission or other authorisation for... a project which is likely to have a significant effect on a European site [or Ramsar site]... (either alone or in combination with other plans or projects), and is not directly connected with or necessary to the management of that site, must make an appropriate assessment of the implications for that site in view of that site's conservation objective." 1.9 This project is not directly connected with, or necessary to, the management of a European site1. However, it may affect European and Ramsar sites and so an HRA is required by Regulation 61. 1.10 In considering the possible impacts of HPC and reaching his conclusions, the Secretary of State has also taken into account duties and obligations provided for under the Conservation of Habitats and Species (Amendment) Regulations 2012, SI 2012 No. 1927, which came into force on 16th August 2012 and amend the Habitats Regulations. In particular, new regulations 9(1) and 9A(1), (3) and (8) of the 2010 Regulations as inserted by regulation 8 of the 2012 Regulations are engaged when the Secretary of State exercises his functions in relation to granting consent for a new electricity generating station and applies Regulation 61(1). The key considerations in this context are securing compliance with the Habitats and Birds Directives; preserving, maintaining and re-establishing a sufficient diversity and area of habitat for wild birds in the United Kingdom; and using all reasonable endeavours to avoid any pollution or deterioration of habitats of wild birds. 1.11 This report should be read in conjunction with the following documents that provide extensive background information: • Planning Act 2008 Hinkley Point C (Nuclear Generating Station) Order [ ] - Panel’s Report to the Secretary of State, 19 December 2012 – termed “the Panel’s report” 1 European site as defined in Regulation 8 of The Conservation of Habitats and Species Regulations 2010 (as amended). 4 • Report on the Implications for European Sites (RIES): Proposed Hinkley Point C Nuclear Power Station. An Examining Authority Report Prepared with the Support of the Planning Inspectorate Secretariat, July 2012. – termed “the RIES” • The Countryside Council for Wales response to the RIES, letter ref: C38.09.03/1720277/SCH/IG dated 17 August 2012 from Chris Uttley. • Natural England’s response to the RIES, letter ref: dated 17 August 2012 ref: EN010001 from Kyle Lischak. • The Environment Agency’s response to the RIES, letter ref: WX/2011/120100/03-L03 dated 17 August from Louisa Mackay. • The applicant’s response to the RIES, letter and attached reports project ref: EN010001, dated 17 August 2012 from Tim Norwood. • Hinkley Point C Appropriate Assessment for related Environment Agency permissions Final Version: Environment Agency, July 2012. – termed “the EA’s HRA” • Statements of Common Ground between the Applicant and Natural England, CCW, the Environment Agency and the MMO, May 2012. – termed “SoCG” • Hinkley Point C Project Report to Inform Habitats Regulations Assessment (HRA). Document Reference Number 3.16. EDF, October 2011. - termed “the applicant’s HRA” • Hinkley Point C Environmental Statement (ES). Document Reference Numbers 4.1 - 4.20. EDF, October 2011. - termed “the ES” • Conservation of Habitats and Species Regulations 2010 – Hinkley Point C Jetty Development: Record of Habitats Regulations Assessment. Marine Management Organisation, July 2012. – termed “the MMO’s HRA” 1.12 Further relevant information and correspondence was submitted during the examination period and has been considered by the Secretary of State. This includes, but is not limited to: • The issue specific hearing on Habitats Regulations Assessment (HRA) matters and ecology held on 23 August 2012; and • Responses from Interested Parties to Rule 17 requests by the Panel – see Appendix B Examination Library of the Panel’s Report. 1.13 So far as is possible, the key information in these documents is summarised and referenced here. The RIES and Regulation 61(3) consultation 1.14 Under Regulation 61(3) of the Habitats Regulations, the competent authority must, for the purposes of an appropriate assessment (AA), consult the appropriate nature conservation body and have regard to any representation made by that body within such reasonable time as the authority specify. 5 1.15 The Panel, with support from Planning Inspectorate (“PINS”), prepared a document entitled “Report on the Implications for European Sites” (“RIES”). The RIES was published on PINS planning portal website on 26 July 2012 for a period of 21 days for the purposes of Regulation 61(3) consultation. At the time of publication, there were still a number of outstanding items and matters for clarification in the RIES. Written responses were received from Natural England (“NE”); the Countryside Council for Wales (“CCW”); the Marine Management Organisation (“MMO”); the Environment Agency (“EA”); and the applicant.