Tonbridge and Malling Borough Council Habitats Regulations Assessment January 2019 Tonbridge & Malling Borough Council Mott MacDonald Mott MacDonald House 8-10 Sydenham Road Croydon CR0 2EE United Kingdom T +44 (0)20 8774 2000 F +44 (0)20 8681 5706 mottmac.com Tonbridge & Malling Borough Council Gibson Drive Tonbridge and Malling Kings Hill 323860 001 C West Malling Borough Council ME19 4LZ Mott MacDonald Habitats Regulations Assessment January 2019 Mott MacDonald Group Limited. Registered in England and Wales no. 1110949. Registered office: Mott MacDonald House, 8-10 Sydenham Road, Tonbridge & Malling Borough Council Croydon CR0 2EE, United Kingdom Mott MacDonald | Tonbridge and Malling Borough Council Habitats Regulations Assessment Issue and Revision Record Revision Date Originator Checker Approver Description Draft 11/01/19 SW KA SM First Issue Second 22/01/19 SW KA CM Second Issue issue Third 29/01/19 SW CM CM Third Issue Issue Document reference: 323860 | 001 | C Information class: Standard This document is issued for the party which commissioned it and for specific purposes connected with the above- captioned project only. It should not be relied upon by any other party or used for any other purpose. We accept no responsibility for the consequences of this document being relied upon by any other party, or being used for any other purpose, or containing any error or omission which is due to an error or omission in data supplied to us by other parties. This document contains confidential information and proprietary intellectual property. It should not be shown to other parties without consent from us and from the party which commissioned it. This report has been pr epared sol el y for use by the party which commissi oned it (the ‘Client’) i n connecti on with the capti oned proj ect. It should not be used for any other purpose. N o person other than the Client or any party who has expressl y agreed ter ms of r eliance with us (the ‘Reci pient(s)’) may rel y on the content, i nformati on or any views expressed i n the repor t. We accept no duty of care, responsi bility or liability to any other r eci pient of thi s document. T his r eport is confi denti al and contains pr opri etar y intell ectual property. Contents No representati on, warranty or under taking, expr ess or i mplied, is made and no responsi bility or liability is accepted by us to any party other than the Cli ent or any Reci pient(s), as to the accuracy or completeness of the i nformati on contai ned i n this r eport. For the avoidance of doubt this r eport does not in any way purport to i nclude any legal , insur ance or fi nanci al advice or opi nion. We disclai m all and any liability whether arising i n tort or contract or other wise which it might otherwise have to any party other than the Cli ent or the Reci pient(s), in r espect of this report, or any infor mation attri buted to i t. We accept no r esponsibility for any error or omission i n the r eport which is due to an error or omission i n data, infor mation or statements supplied to us by other par ties incl udi ng the client (‘D ata’). We have not i ndependentl y verified such D ata and have assumed it to be accurate, complete, reli abl e a nd current as of the date of such infor mation. Forecasts presented i n this document were pr epared usi ng Data and the report is dependent or based on D ata. Inevitabl y, some of the assumptions used to develop the for ecasts will not be realised and unantici pated events and circumstances may occur. C onsequentl y M ott MacDonal d does not guarantee or warr ant the concl usi ons contained i n the repor t as there are li kel y to be differ ences between the for ecasts and the actual results and those di ffer ences may be material. Whil e we consi der that the infor mation and opini ons gi ven i n this r eport are sound all parti es must rel y on their own skill and j udgement when making use of it. Under no circumstances may this report or any extr act or summar y ther eof be used in connection wi th any public or pri vate securities offering i ncluding any rel ated memorandum or prospectus for any securities offering or stock exchange listing or announcement. 323860 | 001 | C | January 2019 Mott MacDonald | Tonbridge and Malling Borough Council Habitats Regulations Assessment Glossary 8 Executive Summary 10 1. Introduction 11 2. Summary of the Tonbridge and Malling Borough Council Local Plan 13 3. Methodology 16 4. Pathways of Impact 24 5. Stage 1 Screening 28 6. Effects of the Plan In–Combination 48 7. Stage 2: Appropriate Assessment 51 8. Conclusions 59 9. References 60 Appendices 64 A. HRA Screening Report Stage 1: Air Quality Report 65 B. HRA Screening Report Stage 2: Air Quality Report 128 C. Correspondence with Natural England 149 D. Screening of Local Plan Policies 152 E. Figures 179 323860 | 001 | C | January 2019 Mott MacDonald | Tonbridge and Malling Borough Council Habitats Regulations Assessment 7 Mott MacDonald | Tonbridge and Malling Borough Council Habitats Regulations Assessment Glossary Term Definition Annual Exceedance This term is the statistical probability that a certain magnitude of flood will happen Probability (AEP) in a standard year. For example, a flood of 50% AEP has a 1 in 2 chance of occurring in any given year. Baseline Conditions The environment as it appears (or would appear) immediately prior to the implementation of the project together with any known or foreseeable future changes that will take place before completion of the project. Benefit Area Benefit Areas are sections of the frontage which have been determined to be hydrodynamically linked. That is, if a breach were to occur at one location within the Benefit Area, the flood water could extent across the benefit area. Divisions in Benefit Area are predominantly caused by changes in topography or unique characteristics of the landscape. Biodiversity Genetically determined variability amongst living organisms, including the variability within species, between species, and of ecosystems. Biodiversity Action Plan A strategy for conserving and enhancing wild species and wildlife habitats in the (BAP) UK. Habitat A place where an organism lives; a type of environment inhabited by a particular species and/or community; often characterised by dominant plant forms, physical characters, or a combination of these. Invertebrates Animals without a backbone e.g. insects, worms, and spiders. Mitigation The measures, including any process, activity, or design to avoid, reduce or remedy or compensate for negative effects of a project. Natura 2000 Natura 2000 is a network of core breeding and resting sites for rare and threatened species, and some rare natural habitat types which are protected in their own right. It stretches across all 28 EU countries, both on land and at sea. The aim of the network is to ensure the long-term survival of Europe's most valuable and threatened species and habitats, listed under both the Birds Directive and the Habitats Directive. Pathway The pathways of effects in the environment are the direct or indirect processes by which change occurs. Plan A purposeful, forward looking strategy or design, often with co-ordinated priorities, options, and measures, that elaborates and implements policy e.g. Shoreline Management Plans. Policy A general course of action or proposed overall direction that will be pursued and which guides ongoing decision making. Programme A coherent, organised agenda or proposed overall direction that will be pursued and which guides ongoing decision making. Project A proposed capital or revenue undertaking, typically involving the planning, design, and construction of a structure. Receptor The physical resource or group that will experience an effect as a result of the proposed development. Ramsar Ramsar sites are wetlands of international importance designated under the Ramsar Convention. Receptor A defined individual environmental feature that has the potential to be affected by a project. Screening Focuses on proposals with potential significant negative environmental effects or with effects not fully known to eliminate those proposals. Site of Special Scientific An SSSI is a conservation designation denoting a protected area in the United Interest (SSSI) Kingdom, designated due to special interest in its flora, fauna, geological or physiographical features. They are protected by law to conserve their wildlife or geology. Source The origin of the cause of effects. Special Areas of Special Areas of Conservation (SACs) are strictly protected sites designated under Conservation (SAC) the EC Habitats Directive. Article 3 of the Habitats Directive requires the establishment of a European network of important high-quality conservation sites 8 Mott MacDonald | Tonbridge and Malling Borough Council Habitats Regulations Assessment Term Definition that will make a significant contribution to conserving the 189 habitat types and 788 species identified in Annexes I and II of the Directive (as amended). The listed habitat types and species are those considered to be most in need of conservation at a European level (excluding birds). Special Protection Areas Special Protection Areas (SPAs) are strictly protected sites classified in (SPA) accordance with Article 4 of the EC Birds Directive, which came into force in April 1979. They are classified for rare and vulnerable birds (as listed on Annex I of the Directive), and for regularly occurring migratory species. Standard of Protection The largest flood event, measured by AEP, that a scheme provides complete flood (SoP) protection against.