Pembrokeshire County Council Local Development Plan: Habitats Regulations Appraisal Report
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Pembrokeshire County Council Local Development Plan: Habitats Regulations Appraisal Report Deposit Plan – Incorporating Post Deposit Changes March 2012 Local Development Plan HRA of LDP 1 Local Development Plan HRA of LDP Table of Contents NON-TECHNICAL SUMMARY.................................................................................. 3 CHAPTER 1: INTRODUCTION................................................................................. 5 CHAPTER 2: METHOD............................................................................................. 7 CHAPTER 3: PEMBROKESHIRE COUNTY COUNCIL LOCAL DEVELOPMENT PLAN ........................................................................................................................ 9 CHAPTER 4: HRA OF LDP..................................................................................... 11 Effects on European sites .................................................................................... 12 Potential effects from the Local Development Plan............................................ 12 In-combination effects .......................................................................................... 13 Screening of the LDP ............................................................................................ 15 Strategic policy screening.................................................................................... 15 Screening of general policies............................................................................... 15 Screening of allocated sites ................................................................................. 15 Cross reference of potential effects on SACs and SPAs ................................... 15 Screening of proposed focussed changes to the Deposit Plan………………….16 Summary................................................................................................................ 16 CHAPTER 5: MITIGATION ..................................................................................... 17 CHAPTER 6: CONCLUSIONS AND NEXT STEPS................................................. 19 APPENDIX 1: POTENTIAL EFFECTS OF OTHER PLANS AND PROGRAMMES IN- COMBINATION..................................................................................................... 200 APPENDIX 2: CRITERIA AND POLICY SCREENING .......................................... 233 APPENDIX 3: SCREENING OF LAND ALLOCATIONS .......................................... 59 APPENDIX 4: SCREENING OF SACS AND SPAS............................................... 103 APPENDIX 5: SCREENING OF FOCUSSED CHANGES TO DEPOSIT PLAN…..110 APPENDIX 6: HRA OF FOCUSSED CHANGES TO DEPOSIT PLAN……………..194 APPENDIX 7: DEVELOPMENT SITES SPG HRA ADDITIONS…………………….204 APPENDIX 8: SUMMARY OF CHANGES MADE TO ENSURE NO LIKELY SIGNIFICANT EFFECT ON SACS OR SPAS ....................................................... 209 APPENDIX 9: COPY OF HRA RESPONSE FORM FOR DEPOSIT PLAN............ 223 2 Local Development Plan HRA of LDP NON-TECHNICAL SUMMARY Habitats Regulations Appraisal (HRA) is a requirement of the Conservation of Habitats and Species Regulations 2010 (the Habitats Regulations)1 that transpose the Habitats Directive (92/43/EEC) to determine whether a plan is likely to have significant effects on sites designated for their European importance for nature conservation – Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). This document reports the HRA process of the Pembrokeshire County Council Local Development Plan (LDP). HRA has been undertaken at every stage in Plan preparation. HRA screening of the likely significant effects of the LDP policies included the identification of European sites, a description of the Plan and identification of potential effects of the Plan, alone and in-combination with other Plans. The policies were screened with reference to the management plans for the European sites for likely significant effects. An initial screening2 of the Preferred Strategy concluded that there was potential for likely significant effects at 9 European sites, with potential for ‘in- combination’ effects identified at 3 European sites: Potential likely significant effects at: Carmarthen Bay and Estuaries SAC Pembrokeshire Marine SAC North West Pembrokeshire Commons SAC North West Pembrokeshire Woodlands SAC Pembrokeshire Bat Sites and Bosherston Lakes SAC Preseli SAC Afon Teifi SAC Afonydd Cleddau SAC Yerbeston Tops SAC. Potential for in-combination effects at: Cardigan Bay SAC Carmarthen Bay SPA Carmarthen Bay Dunes SAC. The main impacts of the Preferred Strategy and the subsequent LDP Deposit may arise as a result of the housing and employment policies, and specific land allocations. A total of 3 representors commented on the Deposit Habitats Regulations Appraisal (HRA) Report3. The key concerns identified were issues relating to 1 These regulations consolidate and update the Conservation (Natural Habitats &c.) (Amendments) Regulations 1994, as amended 2 PCC LDP Paper: Habitats Regulations Assessment Screening Report Preferred Strategy, August 2009 available at: http://www.pembrokeshire.gov.uk/content.asp?id=14098&nav=109,141,1014 3 PCC LDP Paper: Habitats Regulations Appraisal Report Deposit Plan, January 2011 available at: http://www.pembrokeshire.gov.uk/content.asp?id=14098&language= 3 Local Development Plan HRA of LDP infrastructure, specific allocations, assessment process including in- combination assessments, potential issues with water quality and water supply, mitigation of any potential effects on European sites, and the future monitoring, including the potential review of the plan and HRA. A summary of the main issues from the consultation of Deposit Sustainability Appraisal and Habitats Regulations Appraisal Reports is available separately. The draft LDP Deposit policies and allocations were assessed and the Deposit Plan incorporated revisions to avoid any identified potential for likely significant effect on SACs and SPAs. Policies were strengthened in relation to the Protection and Enhancement of Biodiversity through improved wording of policy (GN 36). Other policies were also reinforced to provide effective policy mitigation to address issues which arose at the various stages of Plan and associated HRA preparation. Focussed Changes to the Deposit LDP have been prepared following the Deposit Plan, Alternative Sites and Further Alternative Sites consultations undertaken in 2011.These changes have been reviewed separately as part of the HRA screening process4 to determine whether there are likely to be any significant effects on European sites. The screening concluded that most of the changes were minor in nature and were unlikely to have a significant effect therefore requiring no further HRA work. However, further consideration was given to five of the proposed Focussed Changes in order to determine the potential for likely significant effects. The findings indicate that a number of mitigation measures would be necessary and that although there was no need identified for any appropriate assessments to be undertaken at this stage, it was noted that further project level assessments would be required at the planning application stage. It is recommended that the mitigation measures and those allocations where project level assessment may be required should be identified in the revised Development Sites SPG. A schedule of additional information to be included in the SPG on Development Sites has been prepared (Appendix 7) which demonstrates how findings from the HRA have fed into Plan development and implementation. The adopted Plan will be monitored annually and subject to four year review, with provision for more frequent review if required, therefore any likely significant effects can be identified and the Plan modified if necessary. 4 Appendix 5: HRA Screening of Focussed Changes to the Deposit LDP. Appendix 6: HRA Further Screening of Focussed Changes to the Deposit LDP. 4 Local Development Plan HRA of LDP Chapter 1: Introduction 1.1 This document seeks to screen and assess the LDP, through Habitats Regulations Appraisal according to the Conservation of Habitats and Species Regulations 2010. The Responsible Authority has considered the criteria included within Technical Advice Note 5 (2009) Annex 6 and has determined that the Local Development Plan for Pembrokeshire County Council is unlikely to have a likely significant effect on European sites (alone or in combination with other Plans or projects) and therefore will not require appropriate assessment as required by Article 6(3) of the Habitats Directive (92/43/EEC) and the Conservation of Habitats and Species Regulations 2010. There is a requirement for pSPAs, cSACs and Ramsar sites to be included within the Habitats Regulations Appraisal (HRA) process. 1.2 This document will outline the process which has been followed for this HRA. The method and approach used for this appraisal is based on Welsh guidance currently available5 and discussions with the Countryside Council for Wales throughout the process. The HRA has three main stages (Table 1). This report outlines the findings for Stage 1, the screening for likely significant effects on European sites and further screening in relation to 5 of the proposed focussed changes. Measures identified and incorporated into the Deposit Plan / focussed changes, including requirements identified for consideration at project level have resulted in no requirement for stage 2 consideration. 1.3 This document includes: An outline