Burnham and Highbridge Area

Neighbourhood Plan

Regulation 14 Consultation Version

HABITAT REGULATIONS ASSESSMENT

March 2017

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This report was prepared by County Council on behalf of Burnham and Highbridge Town Council and Burnham Without Parish Council, as the 'competent authorities' under the Conservation of Habitats and Species Regulations 2010.

Copyright The maps in this report are reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office. © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. (Somerset County Council)(100038382)(2017)

Photograph of Dunlin: Peter Wallack

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Contents

1. Introduction...... 4 2. Methodology ...... 5 3. Characteristics and Description of the Natura 2000 Sites ...... 7 4. Stage 1: Analysis of Policy in the Neighbourhood Plan ...... 21 5. Conclusion ...... 27

3 1. Introduction

1 This report details the findings of the Habitat Regulations Assessment (HRA) process of the Burnham and Highbridge Area pre-submission consultation draft Neighbourhood Plan [the ‘Neighbourhood Plan’]. As the ‘competent authority’ under the Conservation of Habitats and Species Regulations 2010, the Town and Parish Councils are required to assess the Neighbourhood Plan through the HRA process as policies and site allocations in the plans can potentially affect Natura 2000 sites.

2 The purpose of the Neighbourhood Plan is to guide and shape development in the two towns of Burnham-on-Sea and Highbridge and the parish of Burnham Without. The area covered by the Plan is shown in Figure 1.

Figure 1: The Neighbourhood Plan Area

3 A neighbourhood plan should support the strategic development needs set out in the Local Plan and plan positively to support local development (as outlined in paragraph 16 of the National Planning Policy Framework).1 In this case the Burnham and

1 http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood-planning/what-is-neighbourhood-

4 Highbridge Area Neighbourhood Plan should support policy in the District Council Core Strategy 2006 – 2007 and the emerging review known as the Local Plan 2011 - 2032.

4 Natura 2000 sites include European Sites - Special Protection Areas (SPA) classified under the EC Birds Directive 1979 and Special Areas of Conservation (SAC) and Special Areas of Conservation (SAC) designated under the EC Habitats Directive 1992, and, as a matter of Government policy, all Ramsar sites as if they are fully designated European Sites for the purpose of considering development proposals that may affect them.

5 The definition of ‘Habitat Regulations Assessment’ is simply an assessment, which must be appropriate to its purpose under the Habitats Directive and Regulations. According to The Conservation of Habitats and Species Regulations 2010, regulation 61 (1) before authorising a plan, which is likely to have a significant effect on a European site, and is not connected to the management of the site, the Council shall assess the implications for the site in view of its conservation objectives.

6 The purpose of HRA of land use plans is to ensure that protection of the integrity of European sites (Natura 2000 sites) is a part of the planning process at a regional and local level. The requirement for Appropriate Assessment of plans or projects is outlined in Article 6(3) and (4) of the European Communities (1992) Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (known as the ‘Habitats Directive’).

2. Methodology

Process 7 The methodology used in this HRA follows that given in ‘Draft Guidance for Plan Making Authorities in Wales: The Appraisal of Plans under the Habitats Directive .’(David Tyldesley and Associates, 2012) 2

8 In the first stage of the assessment, the screening for likely significant effects, the HRA:

• Identifies all European and Ramsar sites potentially affected.

• States the conservation objectives of each European site potentially affected.

• Acknowledges the plan is not directly connected with or necessary for site management of European sites

• Considers any elements of the plan likely to have a significant effect on any interest feature in combination with other projects and plans, directly or indirectly planning/what-is-a-neighbourhood-plan-and-what-is-its-relationship-to-a-local-plan/ 2 http://www.ccgc.gov.uk/landscape--wildlife/managing-land-and-sea/environmental-assessment/habitats-regulations- assessmen.aspx

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• Considers the policies and proposals in the Local Plan and the effects that they may have on the identified European and Ramsar sites, estimating likely magnitude, duration, location and extent of these effects as far as they may reasonably be predicted at this level of plan making.

• Assesses counter-acting measures that can eliminate uncertainties arising from the test of likely significant effect at this stage.

9 If a significant effect cannot be ruled out a Stage 2 Appropriate Assessment needs to be undertaken. This will consider:

• The implications for each affected site in light of its conservation objectives, using the best information, science and technical know-how available

• Consider whether any possible adverse effect on integrity of any site could be avoided by changes to the plan, such as an alternative policy or proposal whilst still achieving plan’s aims and objectives.

Precautionary Approach 9. When carrying out this screening, it must be viewed as a coarse filter and therefore a ‘Precautionary Approach’ has been taken in the assessment of significant effect. The EC Guidance sets out a number of principles as to how to approach decision making during the process. The primary one is the ‘Precautionary Principle’, which requires that the conservation objectives of Natura 2000 sites should prevail where there is uncertainty. In other words if the answer is ‘don’t know’ an adverse impact is assumed. This is the case throughout the HRA process.

10. Once potential impacts have been identified, their significance will be considered. A judgement about significance is made in relation to the conservation objectives and targets using the Precautionary Principle.

Definitions 11. “Significant” is interpreted as an effect likely to adversely affect a Natura 2000 site’s integrity. A useful definition of what a significant effect is contained in an English Nature guidance note 3 on the subject: “…any effect that may reasonably be predicted as a consequence of a plan or project that may affect the conservation objectives of the features for which the site was designated, but excluding trivial or inconsequential effects. ”

12. “Integrity” is described in ODPM Circular 06/2005 4: Biodiversity and Geological Conservation as ' the site’s coherence, ecological structure and function across its whole area that enables it to sustain the habitat, complex of habitats and/or the levels of

3 English Nature. 1999. Habitats Regulation Guidance Note 3: The Determination of Likely Significant Effect under The Conservation (Natural Habitats &c) Regulations 1994. 4 https://www.gov.uk/government/publications/biodiversity-and-geological-conservation-circular-06-2005

6 populations of species for which it was classified ' (ODPM Circular 06/2005, para. 20).

13. Significance will vary from site to site according to conservation sensitivities and magnitude of the potential impact. Assessment is triggered by likelihood not certainty in line with precautionary principle. (European Communities, 2000) Therefore, the assessment considers whether effects are ‘likely’ and ‘significant’ and not every conceivable effect or fanciful possibility. The Waddensee tests are used:

• Would the effect undermine the conservation objectives for the site? • Can significant effects be excluded on the basis of objective information?

14. Significant effects are also determined in-combination with other plans or projects and take account of cumulative effects.

3. Characteristics and Description of the Natura 2000 Sites

Introduction 15. This section identifies which Natura 2000 sites are potentially affected

16. Special Areas of Conservation (SAC) are designated due to the presence or providing ecological support to habitats, listed in Annex I, and species, listed in Annex II of the Habitats Directive (92/43/EEC).

17. Special Protection Areas (SPA) are designated for bird species listed under Article 4 of the Birds Directive (79/409/EEC).

18. Ramsar sites are important wetland sites that have been designated under the Ramsar Convention on Wetlands 1971. Under Government policy, as set out in Planning Policy Statement 9: Biodiversity and Geological Conservation, they are to be treated as Natura 2000 sites.

Identification of Natura 2000 sites 19. The following Natura 2000 sites have component sites present within the geographic area administered by Burnham and Highbridge Area Councils:

• SPA/ SAC/ Ramsar

20. The following Natura 2000 sites are considered to be potentially affected by the policy in the Neighbourhood Plan although they do not lie within the Neighbourhood Plan area.

• and Moors SPA / Ramsar • and Mendip Bats SAC • Mendip Woodlands SAC • Mendip Limestone Grasslands SAC

7 Ecological Zones of Influence 21. Natura 2000 sites are designated for both species and habitat features. Conservation objectives and targets relate to maintaining the integrity of these features. This section describes how ‘Ecological Zones of Influence’ (EZI) are arrived at for each of the Natura 2000 sites potentially affected by the implementation of actions within the Neighbourhood Plan. These are areas outside the designated Natura 2000 site, which nonetheless if affected can adversely impact on the integrity of the site’s conservation objectives. For example, bat flight lines and feeding areas supporting a designated roost site if lost may affect the viability of the population.

22. Habitats are affected directly from on-site loss due to damage or destruction from land use change. However, they can also be influenced by off-site factors such as hydrology. Where there are no significant off site requirements in maintaining a sites habitat the EZI is the same as the Natura 2000 sites boundary. However, sites affected by air pollution will be assessed by distances set out below. All flora species are affected by airborne pollution, although some, such as lichens and bryophytes are more vulnerable.

23. Unlike habitats, species are not limited by the designated site boundary yet its integrity may depend on habitat several kilometres from the site. For each Natura 2000 site, where a qualifying species is listed as a feature, a description is given, the potential impacts, which are likely to affect that species population’s integrity in terms of the site’s nature conservation objectives, and the methodology of how the EZI is formed.

24. Finally all the EZI for each of a site’s features, i.e. the site itself, its species and habitats, are combined into one EZI per site. A map of the EZI is given in Figure 1 below.

Severn Estuary SPA / SAC / Ramsar

25. The Severn Estuary has a classic funnel shape, unique in the U.K., which helps give it the second highest tidal range in the world at more than 12 metres. This results in a range of terrestrial and aquatic habitats composed of plants and animals typical of extreme conditions of strong flows, mobile sediments, changing salinity and turbid waters.It has extensive intertidal and sand flats, rocky platforms and islands. Saltmarsh fringes the coast backed by grazing marsh and freshwater ditches and occasional brackish ditches. The tidal regime results in plant and animal communities typical of the extreme physical conditions of liquid mud and tide swept sand and rock. The species poor invertebrate community includes high densities of ragworms, lugworms and other invertebrates forming an important food source for passage and wintering waders.

26. The site is important in the spring and autumn migration periods for waders moving up the coast of west Britain, as well as in winter for large numbers of waterbirds, especially swans, ducks and waders.

Special Protection Area Qualifying Features 27. The qualifying features present within the component site are:

• Cygnus columbianus bewickii ; Bewick’s swan (Non-breeding)

8 • Tadorna tadorna ; Common shelduck (Non-breeding) • Anas strepera ; Gadwall (Non-breeding) • Calidris alpina alpina ; Dunlin (Non-breeding) • Tringa totanus ; Common redshank (Non-breeding) • Anser albifrons albifrons ; Greater white-fronted goose (Non-breeding) • Waterbird assemblage

28. Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring;

• The extent and distribution of the habitats of the qualifying features • The structure and function of the habitats of the qualifying features • The supporting processes on which the habitats of the qualifying features rely • The population of each of the qualifying features, and, • The distribution of the qualifying features within the site.

Special Area of Conservation Qualifying Features 29. The Severn Estuary is one of the best areas in the UK for mudflats, sand flats and Atlantic salt meadows. The estuary is also an important area for migratory fish and as a nursery for juvenile fish of many species.

30. The qualifying features present within the component site are:

• Sandbanks which are slightly covered by sea water all the time; • Subtidal sandbanks • Estuaries. • Mudflats and sandflats not covered by seawater at low tide; Intertidal mudflats and sandflats • Reefs • Atlantic salt meadows (Glauco-Puccinellietalia maritimae); Atlantic salt meadows • Petromyzon marinus ; Sea lamprey • Lampetra fluviatilis ; River lamprey • Alosa fallax ; Twaite shad

31. Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the Favourable Conservation Status of its Qualifying Features, by maintaining or restoring;

• The extent and distribution of qualifying natural habitats and habitats of qualifying species • The structure and function (including typical species) of qualifying natural habitats • The structure and function of the habitats of qualifying species • The supporting processes on which qualifying natural habitats and the habitats of qualifying species rely • The populations of qualifying species, and, • The distribution of qualifying species within the site.

9 32. Habitats are considered to be in favourable condition in the Brue Estuary but at medium risk by Natural England. Burnham sea front and Berrow Flats are also in favourable condition with no threat identified.5

Ramsar Qualifying Features 33. The Ramsar site is a Wetland of International Importance because the site qualifies under several criteria for determining qualification. Under Criterion 1 it qualifies because it contains a representative, rare, or unique example of a natural or near-natural wetland type found within the appropriate biogeographic region. It has an immense tidal range exceeded only by that occurring in the Bay of Fundy, Canada. This tidal regime affects both the physical environment and the biological communities present in the estuary.

34. Under Criterion 3 it supports populations of plant and/or animal species important for maintaining the biological diversity of a particular biogeographic region. It supports unusual estuarine communities, reduced species diversity and high productivity. The high tidal range leads to strong tidal streams and high turbidity, producing communities with characteristics of the extreme physical conditions of liquid mud and tide-swept sand and rock.

35. Under Criterion 5 this is because it regularly supports 20,000 or more waterbirds and in the non-breeding season, the area regularly supports 68,026 individual waterbirds (5 year peak mean 1988/89 – 1992/93).

36. The site qualifies under Criterion 6 (previously Criterion 3c) because it regularly supports 1% of the individuals in the populations of species or subspecies of water bird in any season. These are listed below:

Species with peak counts in winter: • Bewick’s swan, Cygnus columbianus bewickii • Greater white-fronted goose, Anser albifrons albifrons • Common shelduck, Tadorna tadorna • Gadwall, Anas strepera strepera • Dunlin, Calidris alpina alpina • Common redshank

37. Species that have been identified subsequent to designation for possible future consideration under Criterion 6 include:

Species regularly supported during the breeding season: • Lesser black-backed gull, Larus fuscus graellsii

Species with peak counts in spring/autumn: • Ringed plover, Charadrius hiaticula

Species with peak counts in winter: • Eurasian teal, Anas crecca

5 https://designatedsites.naturalengland.org.uk/SiteUnitList.aspx?SiteCode=S1001145&SiteName=&countyCode=&responsiblePerso n=

10 • Northern pintail, Anas acuta

38. The Ramsar designation also lists noteworthy species currently occurring at levels of national importance:

Species regularly supported during the breeding season: • Herring gull , Larus argentatus argentatus

Species with peak counts in spring/autumn: • Little egret, Egretta garzetta • Ruff, Philomachus pugnax • Whimbrel, Numenius phaeopus • Eurasian curlew, Numenius arquata arquata • Common greenshank, Tringa nebularia

Species with peak counts in winter: • Eurasian wigeon, Anas penelope • Northern shoveler, Anas clypeata • Common pochard, Aythya ferina • Water rail, Rallus aquaticus • Spotted redshank, Tringa erythropus

39. The site qualifies under Criterion 8 because it is an important source of food for fishes, spawning ground, nursery and/or migration path on which fish stocks, either within the wetland or elsewhere, depend. It is particularly important for the run of migratory fish between the sea and rivers via the estuary. Species using the estuary include Atlantic Salmon, Sea Trout, Sea Lamprey, River Lamprey, Allis Shad, Twaite Shad and Eel.

Potential Hazards 40. There is potential for increased disturbance to wintering birds from recreational activity arising from new housing and tourist developments, especially on the Brue estuary. The England Coastal Path is routed around the estuary.

41. There is potential for nutrient enrichment due to sewage treatment facilities in to watercourses and also water pollution from agricultural runoff. Increased sewage and other surface water runoff from the Neighbourhood Plan Area may affect water quality that is detrimental to marine invertebrate and flora assemblages.

42. SAC / Ramsar habitats, and the bird species they support, are potentially vulnerable to construction of renewable energy schemes.

Ecological Zone of Influence 43. Habitats in the estuary are sensitive to changes to water quality in outfalls and watercourses entering Bay.

44. The Severn Estuary and Somerset Levels & Moors European Sites are ecologically linked as bird species designated as mobile features of these sites use either the coastal or inland European Sites as alternative winter feeding grounds according to weather

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45. To establish an Ecological Zone of Influence records for each bird species are analysed outside of the SPA and any supporting habitat that supports a bird species is digitised. In flight records are ignored, as are those over 10 years old. Birds can be disturbed by human activity or development. Populations of curlew, redshank and dunlin are significantly reduced through sustained disturbance, such as construction work or road traffic on adjacent land to mudflats. Where people were showing against the skyline shorebirds were disturbed at distances of 400 metres compared with 200 metres when not exposed on the skyline but moving at a steady pace. 6

46. Examples of the distances at which birds take flight from being disturbed are shown in Table 8. There would also be a distance from which birds are distracted from feeding and are alert, which is not given.

Table 1: Disturbance from Human Proximity Species Flight Distance (FD) Shelduck 102-124 metres Wigeon 89 -250 metres Teal No data Dunlin 97– 175 metres Black-tailed Godwit 45-73 metres Whimbrel 84 metres Curlew 90-339 metres Redshank 70 –95 metres Little egret No data Pintail No data Shoveler No data Water Rail No data Ruff No data Ringed Plover 47 metres Spotted Redshank No data Common Greenshank 73 metres (from Goss-Custard, 2005; Mathers et al, 2000 7)

47. The largest FD is 339metres. Therefore, a distance of 400 metres is used for buffering the Natura 2000 site and any additional digitised habitat. This allows for a period of alertness before taking flight and also the possibility that development is on the skyline. Records outside of the SPA/Ramsar sites are examined and where it is considered that the habitat potentially supports the ecological requirements of the bird species listed for the designation this is digitised and buffered.

6 Burton, N. H. K., Armitage, M. J. S., Musgrove, A. J. & Rehfisch, M. W. 2002a. Impacts of Man-Made Landscape Features on Numbers of Estuarine Waterbirds at Low Tide. Environmental Management Vol. 30, No. 6, 857-86 ; Burton, N. H. K., Rehfisch, M. W. & Clark, N. A. 2002b. Impacts of Disturbance from Construction Work on the Densities and Feeding Behaviour of Waterbirds Using the Intertidal Mudfalts of Bay, U.K. Environmental Management Vol. 30, No. 6, 865-871; Goss-Custard, J. D. 2005. National Cycle Network – Exe Estuary Proposals: Assessment of the Anticipated Effects on the Exe Estuary Special Protection Area. Exeter: Devon County Council. 7 Goss-Custard, J. D. 2005. National Cycle Network – Exe Estuary Proposals: Assessment of the Anticipated Effects on the Exe Estuary Special Protection Area. Exeter: Devon County Council; Mathers, R.G., Watson, S., Stone, R. & Montgomery, W. I. 2000. A study of the impact of human disturbance on Wigeon Anas penelope and Brent Geese Branta bernicla hrota on an Irish sea loch. Wildfowl 51: 67 - 81.

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48. In addition to the areas shown flight paths also need considering as many species listed fly in the lower air space and can be disturbed by land use change along these corridors. The Somerset Environmental Records Centre’s coastal and floodplain grazing marsh is added to the EZI as this habitat is potentially suitable for waders and waterfowl either for roosting or feeding or both activities. Surveys will be required to determine the presence of bird species.

49. Birds are also dependent on prey species, which are in turn partly dependent on the maintenance of water quality entering the estuary. Therefore, watercourses entering the Ramsar sites supporting these species should also be digitized.

50. The riverine records for the fish species listed were examined and the Environment Agency consulted. None of the species for which the SAC site is designated have been recorded for some time in the rivers entering . (SERC have records for River Lamprey dating from 1905 for the River Tone) However, common eel frequent the . Therefore, watercourses entering the SAC site supporting these species should be digitized as part of the EZI.

Somerset Levels and Moors SPA / Ramsar

51. The Somerset Levels and Moors SPA is one of the largest and richest areas of traditionally managed wet grassland and fen habitats in lowland UK. The majority of the site is only a few metres above mean sea level and drains through a network of ditches, rhynes, drains and rivers. The site attracts important numbers of water birds in winter.

52. The Levels and Moors SPA / Ramsar is included due to the interaction of birds between the site and the Severn Estuary SPA / Ramsar which is influenced by weather conditions and daily roosting and feeding requirements. Ramsar invertebrates are not considered as it is unlikely that these species would be affected by the Neighbourhood Plan.

Special Protection Area Qualifying Features 53. The qualifying features present within the component site are:

• Cygnus columbianus bewickii ; Bewick’s swan (Non-breeding) • Anas crecca ; Eurasian teal (Non-breeding) • Pluvialis apricaria ; European golden plover (Non-breeding) • Vanellus vanellus : Northern lapwing (Non-breeding) • Waterbird assemblage

Ramsar Qualifying Features 54. Under Criterion 5 the Ramsar site regularly supports at least 20,000 waterfowl (specifically 97155 waterfowl) and under Criterion 6 – species/populations occurring at levels of international importance. These are listed below:

Species with peak counts in winter:

13 • Bewick’s swan, Cygnus columbianus bewickii • Eurasian teal, Anas crecca • Northern lapwing, Vanellus Vanellus

55. Species/populations identified subsequent to designation for possible future consideration under Criterion 6 are also listed:

Species with peak counts in winter: • Mute swan, Cygnus olor • Eurasian wigeon, Anas penelope • Northern pintail, Anas acuta • Northern shoveler, Anas clypeata

56. The Ramsar designation also lists noteworthy species currently occurring at levels of national importance:

Species with peak counts in winter: • Gadwall, Anas strepera strepera • Water rail, Rallus aquaticus • European golden plover, Pluvialis apricaria apricaria , • Ruff , Philomachus pugnax • Common snipe , Gallinago gallinago gallinago •

Ecological Zone of Influence 57. Records for each of the species are analysed outside of the SPA and any supporting habitat that supports a bird species is digitised, i.e. some ducks and waders will switch habitats between day and night time periods. In flight records are ignored, as are those over 10 years old. Examples of the distances at which birds take flight from being disturbed are shown in Table 2. There would also be a distance from which birds are distracted from feeding and are alert, which is not given.

Table 2: Disturbance from Human Proximity Species Fl ight Distance (FD) Bewick’s Swan No data Wigeon 89-250 metres Gadwall No data Teal No data Pintail No data Shoveler No data Golden Plover 42-70 metres Lapwing No data Whimbrel 84 metres Water Rail No data Ruff No data (from Goss-Custard, 2005 8; Mathers et al, 2000 9)

8 Goss-Custard, J. D. 2005. National Cycle Network – Exe Estuary Proposals: Assessment of the Anticipated Effects on the Exe Estuary Special Protection Area. Exeter: Devon County Council. 9 Mathers, R.G., Watson, S., Stone, R. & Montgomery, W. I. 2000. A study of the impact of human disturbance on Wigeon Anas penelope and Brent Geese Branta bernicla hrota on an Irish sea loch. Wildfowl 51: 67 - 81

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58. The largest FD is 250 metres. Therefore, a distance of 300 metres is used for buffering the Natura 2000 site and any additional digitised habitat. This allows for a period of disturbance where birds are alert before taking flight. Records outside of the SPA/Ramsar site are examined and where it is considered that the habitat potentially supports the ecological requirements of the bird species listed for the designation this is digitised and buffered. paths also need considering as many species listed fly in the lower air space and can be disturbed by land use change along these corridors between areas of use. These are formed by using the Coastal and Floodplain Grazing Marsh habitat layer provided by Somerset Environmental Records Centre, linking the habitat outside the site with that on the SPA site. These then form the EZI for the bird species of the Somerset Levels and Moors SPA.

Figure 2: Severn Estuary / Somerset Levels and Moors Indicative Ecological Zone of Influence

North Somerset and Mendip Bats SAC

Component Sites 59. The component sites for the North Somerset & Mendip Bats SAC are:

• Ochre Mine SSSI • Caves SSSI

15 • Banwell Ochre Mine SSSI • SSSI • King’s Wood and Urchin Wood SSSI • The SSSI • SSSI

60. Only the habitats within the Cheddar Complex SSSI component site are potentially affected by the Neighbourhood Plan.

Qualifying Features 61. The qualifying habitats present within the component site are:

• Semi-natural dry grasslands and scrubland facies: on calcareous substrates (Festuco-Brometalia ); Dry grasslands and scrublands on chalk or limestone • Caves not open to the public

62. Calcareous grassland could be significantly affected by increased leisure activity arising from either an increase in residents or then visitors in the Neighbourhood Plan Area causing degradation to the habitat. Whilst ‘Caves not open to the public’ are unlikely to be significantly affected by increased leisure activity.

63. The conservation objectives for the North Somerset and Mendip Bats SAC are with regard to the natural habitats for which the site has been designated avoid the deterioration of the qualifying natural habitats and the habitats of qualifying species, and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features. (Note species includes that flora which make up the habitat cited)

Subject to natural change, to maintain or restore:

• The extent and distribution of qualifying natural habitats and habitats of qualifying species; • The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species; • The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; • The populations of qualifying species; • The distribution of qualifying species within the site.

Condition 64. The condition of the calcareous grassland habitat is as that for the SSSI units, which generally in ‘unfavourable recovering’ condition due to scrub encroachment in 2009/ 2010 10 .

10 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1003940&ReportTitle=The%20Cheddar%20Co mplex%20SSSI (accessed 13 March 2017)

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Potential Hazards 65. The main factors considered to potentially to cause loss or degradation of calcareous grasslands from the proposed Plan arise from an increased number of residents and tourists seeking leisure activity along footpaths through the habitat. The views about management states that ‘ Access to this site, and any recreational activities within, may also need to be managed ’.11

66. Typical impacts from recreation include:

• Physical damage, for example from trampling and erosion. • Disturbance to species, such as ground-nesting birds and wintering wildfowl, from walking, cycling, and water sports, resulting in increased mortality and nesting success, and displacement. • Air pollution (dealt with under air quality below) and disturbance from traffic. • Disturbance from dogs and damage from dog excrement.

67. The impacts of recreation can affect a wide variety of habitat types. Some of the most sensitive are grassland habitats. Trampling can eliminate flora species - species of low productivity which in grassland habitats will lead to more resilient common pasture herbs becoming dominant. Sensitive species disappear on and besides paths extending up to 50 metres either side. Effects occur where there is 400 passages per year could and result in 50% loss. In addition nitrogen enrichment from dog fouling can cause loss of species.12

68. Habitats can be directly and/or indirectly affected by pollutants concentrated in the air such as oxides of nitrogen (NOx), oxides of sulphur (SOx) or ammonia, or by pollutants deposited on the ground through acidification or terrestrial eutrophication via soil (deposition of nitrogen). It is considered those visiting from holiday destinations and new housing in the Neighbourhood Plan Area would use car to access the . Road transport is the source of a number of airborne pollutants. The impacts of nitrogen and nitrogen oxides deposition on vegetation growth are of particular concern. Transport produces other pollutants including sulphur dioxide, ozone and particulates. In grassland nitrogen loving species will suppress sensitive flora. 13

69. The Habitat Regulations Assessment of the draft Regional Spatial Strategy for the South West (2006) considered 200 metres as the outer distance from a road where nitrogen deposition is expected to occur. Bignall et al, (2004) consider that at an outer distance of 150 metres air quality returns to background levels. The greater distance is used, as a precautionary approach is required. 14

11 https://necmsi.esdm.co.uk/PDFsForWeb/VAM/1003940.pdf (accessed 13 March 2017)

12 Penny Anderson Associates. 2009. Countryside and Rights of Way Act 2000 Part1: Access to the Countryside . Peterborough: Natural England; Footprint Ecology. 2009. Access and Nature Conservation Reconciliation: Supplementary Guidance for England . Peterborough: Natural England. 13 Bignall, K. L., Ashmore, M. R., Headley, A. D., Stewart, K. & Weigert, K. 2007. Ecological impacts of air pollution from road transport on local vegetation. Applied Geochemistry 22, 6, June 2007, 1265–1271 14 Land Use Consultants. 2006. Habitats Regulations Report of the Draft South West Regional Spatial Strategy: Screening Report . Taunton: South West Regional Assembly; Bignall, K. L., Ashmore, M. R., Headley, A. D., Stewart, K. & Weigert, K. 2007. Ecological

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Ecological Zone of Influence (EZI) 70. The Ecological Zone of Influence is considered by the designated site boundary plus 200 metres to allow for potential air pollution impacts.

Mendip Woodlands SAC

Component Sites 71. The component sites for the Mendip Woodlands SAC are:

• SSSI • SSSI • SSSI • SSSI

72. Only the Cheddar Wood component site is likely to be affected by the Neighbourhood Plan.

Qualifying Features 73. The qualifying features present within the component site are:

• Tilio-Acerion forests of slopes, screes and ravines; mixed woodland on base-rich soils associated with rocky slopes.

74. The conservation objectives for the North Somerset and Mendip Bats SAC are with regard to the natural habitats and/or species for which the site has been designated avoid the deterioration of the qualifying natural habitats and the habitats of qualifying species, and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.

Subject to natural change, to maintain or restore:

• The extent and distribution of qualifying natural habitats • The structure and function (including typical species) of qualifying natural habitats, and • The supporting processes on which qualifying natural habitats rely

Condition 75. Based on the tables for the equivalent Site of Special Scientific Interest the condition of the affected components, by % of site, is as follows:

impacts of air pollution from road transport on local vegetation. Applied Geochemistry 22, 6, June 2007, 1265–1271

18 Table 3: Mendip Woodlands Site Condition (13/03/2017) SAC Favourable Unfavourable Unfavourable Unfavourable Destroyed, component recovering no change declining part site destroyed Cheddar 0 95.90 0 4.1 0 Woods

76. The woodland was all in ‘Unfavourable recovering’ condition in 2010 / 2011.

Potential Hazards 77. Tilio-Acerion [Lime -maple] forests of slopes, screes and ravines have a rich variety of other trees and shrubs are present, including elm and, locally, small-leaved lime. Cheddar Wood is an site stocked with coppice consisting of Small-leaved Lime Tilia cordata , Ash Fraxinus excelsior , Pedunculate Oak Quercus robur and Hazel Corylus avellana . Field Maple Acer campestre occurs throughout in small quantities, while Whitebeam Sorbus aria , Yew Taxus baccata , Wych Elm Ulmus glabra and Wild Service- tree Sorbus torminalis are less common. Three woodland types can be distinguished: (i) Ash-Field Maple, (ii) Calcareous Pedunculate Oak-Hazel-Ash, (iii) Pedunculate Oak-Ash- Small-leaved Lime. The latter type has a very restricted distribution and Cheddar Wood provides one of the best and most extensive British examples. Shrubs present include Wayfaring-tree Viburnum lantana , Dogwood Cornus sanguinea and Spindle Euonymus europaeus. The ground flora is varied, with Bluebell Hyacinthoides non-scripta , Dog's Mercury Mercurialis perennis and Wood Anemone Anemone nemorosa abundant over most of the wood. Flushed slopes are dominated by Ramsons Allium ursinum .15

78. The main factors considered to potentially cause loss or decline in the lime-maple woodland from the proposed Plan include:

a) Woodland habitat would be vulnerable to habitat deterioration and loss from increased trampling from an increased number of visitors using footpaths through the SAC. Visitors could include those walking, including with dogs, and potentially off road cyclists.

b) The woodland contains bryophytes and lichens which are sensitive to changes in air quality. The habitat therefore may be influenced outside the SAC by dust and air pollution. Air pollution from traffic may have eutrophication effects, which would impact on species composition in the sward. 200 metres is the distance from a road where nitrogen deposition is expected to occur in the Habitat Regulations Assessment of the draft Regional Spatial Strategy for the South West (Land Use Consultants, 2006 16 ). Bignall et al, (2004) 17 consider that 150 metres air quality returns to background levels. The greater distance is used, as a precautionary approach is required.

15 https://necmsi.esdm.co.uk/PDFsForWeb/Citation/1003970.pdf (accessed 13 March 2017) 16 Land Use Consultants. 2006. Habitats Regulations Report of the Draft South West Regional Spatial Strategy: Screening Report . Taunton: South West Regional Assembly. 17 Bignall, K., Ashmore, M. & Power, S. 2004. The ecological effects of diffuse air pollution from road transport . English Nature Research Report No. 580. Peterborough: English Nature .

19 Ecological Zone of Influence 79. The habitat may be influenced outside the SAC by dust and air pollution. Therefore the Ecological Zone of Influence (EZI) for the Cheddar Woods is a buffer of 200 metres of the designated site’s boundary.

Mendip Limestone Grasslands SAC

Component Sites 80. The component sites for the Mendip Limestone Grasslands SAC are:

• Crook Peak to Shute Shelve Hill SSSI • Cliff SSSI

81. Only the habitats within the Crook Peak to Shute Shelve Hill and the Down component sites are potentially affected by the Neighbourhood Plan. Greater Horseshoe bats are unlikely to be affected.

Qualifying Features 82. The qualifying habitats present within the component sites are:

• European dry heaths • Semi-natural dry grasslands and scrubland facies: on calcareous substrates (Festuco-Brometalia ); Dry grasslands and scrublands on chalk or limestone • Caves not open to the public • Tilio-Acerion forests of slopes, screes and ravines; Mixed woodland on base-rich soils associated with rocky slopes

83. The main factors considered to potentially to cause loss or degradation of calcareous grasslands from the proposed Plan arise from an increased number of residents and tourists seeking leisure activity along footpaths through the habitat. The views about management states that ‘ Access to this site, and any recreational activities within, may also need to be managed ’.18

84. The conservation objectives for the North Somerset and Mendip Bats SAC are with regard to the natural habitats for which the site has been designated avoid the deterioration of the qualifying natural habitats and the habitats of qualifying species, and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features. (Note species includes that flora which make up the habitat cited)

Subject to natural change, to maintain or restore:

• The extent and distribution of qualifying natural habitats and habitats of qualifying

18 https://necmsi.esdm.co.uk/PDFsForWeb/VAM/1003940.pdf (accessed 13 March 2017)

20 species; • The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species; • The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; • The populations of qualifying species; • The distribution of qualifying species within the site.

Condition 85. Based on the tables for the equivalent Site of Special Scientific Interest the condition of the affected components, by % of site, is as follows:

Table 4: Mendip Limestone Grasslands Site Condition (13/03/2017) SAC Favourable Unfavourable Unfavourable Unfavourable Destroyed, component recovering no change declining part site destroyed Crook Peak to Shute 6.08 93.92 0 0 0 Shelve Hill

Brean Down 100 0 0 0 0

86. The condition of the calcareous grassland habitat is as that for the Crook Peak to Shute Shelve Hill SSSI units, which generally in ‘unfavourable recovering’ condition due to scrub encroachment in 2009/ 2010 19 .

Ecological Zone of Influence 87. The quality of the habitats may be influenced outside the SAC by dust and air pollution. Therefore the Ecological Zone of Influence (EZI) for the Cheddar Complex is a buffer of 200 metres of the designated site’s boundary.

4. Stage 1: Analysis of Policy in the Neighbourhood Plan

Introduction 88. The draft Neighbourhood Plan sets out Councils’ policies for sustainable development which includes social, economic and environmental objectives.

89. Each policy will be assessed against each of the qualifying features of the Natura 2000 site’s, identified in this report, in terms of ‘significant effects’ on those features. Many actions are likely to have a neutral or positive effect on each site feature and are therefore are likely to be eliminated at this stage of the HRA process as they would not

19 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1001580&ReportTitle=Crook%20Peak%20to% 20Shute%20Shelve%20Hill%20SSSI (accessed 13 March 2017)

21 have any significant effect on a Natura 2000 site.

90. “Significant” is interpreted as an effect likely to adversely affect a Natura 2000 site’s integrity. “Integrity” is described in ODPM Circular 06/2005: Biodiversity and Geological Conservation as ' the site’s coherence, ecological structure and function across its whole area that enables it to sustain the habitat, complex of habitats and/or the levels of populations of species for which it was classified ' (ODPM Circular 06/2005, para. 20).

91. Significance will vary from site to site according to conservation sensitivities and magnitude of the potential impact. Assessment is triggered by likelihood not certainty in line with precautionary principle 20 . Therefore, the assessment considers whether effects are ‘likely’ and ‘significant’ and not every conceivable effect or fanciful possibility. The ‘Waddensee’ tests are used:

• Would the effect undermine the conservation objectives for the site? • Can significant effects be excluded on the basis of objective information?

92. Significant effects are also determined in-combination with other plans or projects and take account of cumulative effects (see Chapter 5 following).

Analysis of Effects on Natura 2000 Sites 93. This section will consider the likely direct, indirect or secondary impacts of each action listed against priorities, identified as potentially having a significant effect in the previous chapter on the integrity of the designated site.

94. The determination of ‘favourable condition’ 21 of a site is separate from the judgement of effect upon integrity. For example, there may be a time-lag between a plan being implemented and a consequent adverse effect upon integrity becoming manifest in the condition assessment. In such cases, a plan may have an adverse effect upon integrity even though the site remains in favourable condition.

95. In addition, and in order to secure the long term presence and stability of Natura 2000 sites and the network, climate change should be a key consideration in the application of Habitat Regulations Assessment (HRA). Consideration should be given as to whether the plan inhibits in any way the potential of species to adapt to climate change.

Management for Nature Conservation Purposes 96. The Neighbourhood Plan does not introduce any management measures for nature conservation purposes at this stage.

Plan Analysis 97. Table 3 analyses the policies in the Cheddar Neighbourhood Plan and for each of these

20 European Communities. 2000. Managing Natura 2000 Sites: The provisions of the Article 6 of the ‘Habitats’ Directive 92/43/EEC . Brussels: Office for Official Publications of the European Communities.

21 ‘Favourable condition’ means that the Natura 2000 site’s features are being adequately conserved and is meeting the site is meeting its 'conservation objectives', however, there is scope for the enhancement of these sites

22 gives an assessment of its potential impact on Natura 2000 sites. Those policies that have a potential significant effect are highlighted in Orange. Each policy or project is considered individually. Where impacts are identified on a qualifying feature counter- acting measures to avoid significant effects, such as policy presented within the Plan as a whole, are assessed in the following section of this report. No mitigation is put forward at this stage.

Table 5: Plan Analysis Policy Brief Description Potential SAC Comment Risk Affected by Policy Hi 1 The District Centre boundary is extended to None None No significant effect likely include the southern end of Church Street, up to likely the junction with Grange Avenue.

Hi 2 Town Centre redevelopment. None None No significant effect likely Small-scale retail development will be encouraged likely in order to make this area a clearer focal point for the town's shopping function and public realm improvements. Consideration will be given to the need to preserve a “critical mass” of retail uses so that the viability and vitality of the Centre is maintained. Hi 3 Redevelopment of employment sites in the urban None None No significant effect likely centre of Highbridge. likely Proposals for the redevelopment of employment sites in the urban area of Highbridge which retain employment will be supported and encouraged. Ideally, this should be on-site unless it can be demonstrated that there would be significant benefits to providing employment elsewhere in the urban centre. Proposals will be considered in the light of the intention to ensure that the total supply of employment land remains at, or above, the present level.

Hi 4 Redevelopment of the brownfield site adjacent to None None No significant effect likely the railway line. likely The land alongside the railway behind the Co-op store in Southwell Crescent and extending to Grange Avenue is designated an employment site, suitable for affordable small business or workshop units in low rise buildings, of a scale commensurate with the neighbouring housing in Southwell Crescent.

Hi 5 To ensure that there are benefits to the local None None No significant effect likely community in the plan area from the extension to likely Isleport Business Park, new development in the It is unlikely that wind Business Park should have regard to the following turbines would be used for objectives: renewable energy 1. That as far as possible, the new employers are generation and if they are covered by local labour agreements. unlikely to be on a scale to 2. That the development concentrates on higher pose a significant risk to value jobs. SPA / Ramsar birds, which 3. That steps are taken to maximise the generation also generally avoid over of renewable energy on site and that buildings are flying built areas. designed to minimise their energy usage. These steps could include the use of solar panel “car ports” and bicycle sheds and the provision of

23 Policy Brief Description Potential SAC Comment Risk Affected by Policy electric car charging points for employees. 4. That physical connections between the development and Highbridge are improved e.g. improved pedestrian and cycle access and improved bus services. 5. That consideration be given to improvements in access to the M5 at junction 22 via the Edithmead roundabout. 6. That the needs of existing residents on, or adjacent to, the development are taken account of in the detailed design of, for example, the “green” environment.

Hi 6 Protection of open spaces. None None No significant effect likely The three open spaces: Apex Park, Burnham likely Road playing fields and Southwell House and Gardens are designated as “Local Green Spaces.” In addition, any buildings erected on these spaces will only be allowed if their use is ancillary to the use of the open space e.g. changing rooms, toilets, cafes etc.

Hi 7 Toddlers’ play areas. None None No significant effect likely Proposals that include the provision of toddlers’ likely play spaces in appropriate locations on site as a result of redevelopment, will be supported and encouraged by the Town Council.

BTC 1 Extend the secondary shopping area to include the None None No significant effect likely northern end of Victoria Street. likely

BTC 2 Non-retail premises and shop fronts in the town None None No significant effect likely centre area likely

1. Traditional style shop fronts which have remained unaltered and are worthy of conservation should be retained. 2. Where traditional features exist these should be retained and further alteration should seek to upgrade the shop front in a manner sympathetic to any of the existing traditional features. 3. Shop fronts including signs and fascias should be designed to complement the character and individuality of the building 4. Materials used should be sensitive to the character and appearance of the building and surrounding properties. 5. Large expanses of undivided glass will not be permitted where they are alien to the character of the building in which they are set. 6. Where two or more adjoining buildings form part of the same premises they should be treated as individual shop fronts. 7. Where features such as stallrisers, columns, pilasters or cornices make a significant contribution to the character of the immediate area or the individual building, new shop fronts should provide these features in order to maintain such character.

24 Policy Brief Description Potential SAC Comment Risk Affected by Policy Proposals that enhance the appearance of the building will be supported. Design and materials used must be sensitive to the surrounding properties . BTC 3 Redevelopment in the town centre area None None No significant effect likely Planning permission will be granted to proposals if likely they: 1. Reinforce the key characteristics and special qualities of the retail area. 2. Ensure that the scale, massing, height, fenestration and materials of buildings relate well to their context. 3. Retain rear access where it exists or, if possible, create a new one. 4. Do not adversely affect the amenity of occupiers or the distinctive historical or architectural character of the area; and 5. Maintain or enhance existing building frontages in the conservation area: and 6. Have due regard for important aspects of detail and quality

BTC 4 Pople’s Yard. None None No significant effect likely A residential development on this site will be likely supported, provided it is in accordance with policy BTC 3.

BTC 5 Pier Street Car Park None None No significant effect likely Any future development of this site should work to likely a comprehensive master plan and seek to achieve a gateway to the Town Centre which is attractive and welcoming. In doing so it should: 1. Preserve sufficient car and coach parking to support the town’s economy in the peak summer months. 2. Incorporate, if feasible, solar panel “car ports” and electric vehicle charging points. 3. Provide attractive frontage to South Esplanade/Pier Street, as appropriate, by development of mixed-use buildings. The ground floor of these buildings could be used to support facilities such as indoor leisure, shops and restaurants while the upper stories may provide residential units. 4. Enhance the public space around and within the site by appropriate paving, seating, planting and signage.

BTC 6 The Learning Centre, Princess Street. None None No significant effect likely If redevelopment of the Learning Centre building likely occurs, it should result in a building which is sympathetic in design and scale to the Princess and should retain the forecourt area for the establishment of a Town Square.

BTC 7 Designate Marine Cove, Manor Gardens, Crosses None None No significant effect likely Pen and the South Esplanade lawns as “Local likely Green Spaces”.

25 Policy Brief Description Potential SAC Comment Risk Affected by Policy

H1 Street scene design None None No significant effect likely All major housing proposals should show in the likely Design and Access Statement how the above street scene design criteria have been taken into account.

H2 Achieving national standards in the design of new None None No significant effect likely dwellings likely New housing that complies with: 1. the Technical Housing Standards Nationally Described Space Standard, and 2. Lifetime Homes criteria will be encouraged. Where housing is not compliant, the planning application should include thorough explanation of why this has not been achievable.

H3 Designing out Crime. None None No significant effect likely All major housing proposals should show in the likely Design and Access Statement how the above criteria for ‘designing out crime’ have been taken into account. Pre-application consultation on major developments should include seeking the opinion of the Avon and Somerset Police Service on design matters.

H4 Community involvement in design of new None None No significant effect likely development likely For developments over 200 units, developers will be expected to undertake transparent, extensive and proportionate consultation with existing communities and prospective residents. Transparent means well publicised, in a variety of formats and over a meaningful period of time. Extensive means making reasonable efforts to contact hard to each communities, publicising engagement opportunities in a wide variety of media and evidencing in final applications the results of consultation.

H5 Innovative Low Carbon Homes: None None No significant effect likely Subject to the development being found to be likely acceptable when judged against other policies in the Development Plan, innovative approaches to the construction of low carbon homes which demonstrate sustainable use of resources and high energy efficiency levels will be supported. Examples would include, but would not be limited to, straw bale construction and construction to Passivhaus standards.

H6 Making residential development safe from flood None None No significant effect likely risk likely In addition to relevant Local Plan and NPPF policy, all residential development must conform with the appropriate recommendations in the Environment Agency’s “Wessex Area Local Standing Advice for

26 Policy Brief Description Potential SAC Comment Risk Affected by Policy Sedgemoor District”. These recommendations should be viewed as minimum standards.

H7 Children’s play areas. None None No significant effect likely Play areas should be provided in accordance with likely Local Plan Policy D36, excluding the option of off- site provision.

H8 Design of circulation within developments None None No significant effect likely Within new developments, circulation should be likely designed to give preference to pedestrians and cyclists over cars and other motorised transport and road design and layout should minimise the speed of cars. H9 Sustainable transport None None No significant effect likely Car clubs should be included in Travel Plans likely where appropriate for the location. Wherever feasible, 16 amp charging points (or any future standardized equipment) for electric cars should be provided in all residential developments, as an integral part of the design.

H10 Education and healthcare provision None None No significant effect likely As a part of any major new housing planning likely application the developer will publicise to the general public the plans and provision for meeting the education and healthcare needs and aspirations of potential residents. The application should include a statement that sets out how the needs of the development will be addressed prior to occupation. Establishment of school place needs and healthcare needs should be based on the most recently available data.

5. Conclusion

98. It is considered by Burnham and Highbridge Town Council and Burnham Without Parish Council that its Neighbourhood Plan is unlikely to have a significant effect on the conservation objectives of the Natura 2000 sites assessed.

99. It is considered that a Stage 2 ‘Appropriate’ Assessment will not be required.

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