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Habitat Regulations Assessment of the Heritage Coast Managment Plan Contents Habitat Regulations Assessment of the Heritage Coast Management Plan March 2014 Contents REGION 1. INTRODUCTION 4 2. METHODOLOGY 10 2.1 Stage One - Screening 11 2.1.1 Step 1 - Mechanisms of 12 Impact 2.1.2 Step 2 - Determination of 13 Sites 2.1.3 Step 3 - Potential Effects of 16 the Action Plan 2.1.4 Step 4 - High Level 19 Assessment 3. RELEVANT EUROPEAN 21 PROTECTED SITES 3.1 Durham Coast SAC 21 3.2 Northumbria Coast SPA & 23 Ramsar 3.3 Teesmouth and Cleveland 28 Coast SPA & Ramsar 3.4 Summary 30 4. CONCLUSION OF SCREENING 32 STAGE 5. CONCLUSION 34 APPENDICES A. ACTION PLAN 36 B. RATIONALE FOR CASTLE EDEN 50 DENE SAC Habitat Regulations Assessment of the Heritage Coast Managment Plan Contents C. SCREENING SCHEDULE 55 D. COASTAL ACCESS MANAGEMENT MEASURES: 67 MAPS Habitat Regulations Assessment of the Heritage Coast Managment Plan Introduction 1 Habitat Regulations Assessment of the Heritage Coast Managment Plan 3 1 Introduction 1 Introduction The Legislative Basis for Habitats Regulations Assessment 1.1 The cornerstone of Europe's legislation on nature conservation are the Birds and Habitats Directives. The Birds Directive (79/409/EEC) was adopted in 1979 and aims to protect all wild birds and their most important habitats across the EU. The Habitats Directive (92/43/EEC) was adopted in1992 and introduces similar measures to the Birds Directive to protect Europe's wildlife but extends its coverage to a much wider range of rare, threatened or endemic species. At the heart of both Nature Directives lies the creation of a Europe - wide ecological network of nature conservation areas - called the Natura 2000 network. 1.2 The Habitats Directive was transposed into UK law in 1994 and was consolidated by the Conservation of Habitats and Species Regulations 2010 (as amended). The regulations provide for; the designation and protection of 'European sites' (which form part of the Natura 2000 network); the protection of 'European protected species' and the adaption of planning and other controls for the protection of European sites. 1.3 With regard to the designation and protection of European sites, the regulations require these to include both: Special Areas of Conservation (SAC) designated as they are important for the conservation of species and habitats listed in the Habitats Directive occurring naturally in the territory; and Special Protection Areas (SPA) designated for species listed under the Birds Directive. 1.4 In County Durham's administrative boundary there are 6 whole or part SACs, divided between the western uplands and the coastline: Durham Coast Castle Eden Dene Thrislington Moor House, Upper Teesdale North Pennine Dales Meadows North Pennine Moors 1.5 There are also 3 whole or part SPAs, divided between the western uplands and the coastline: Northumbria Coast Teesmouth & Cleveland Coast North Pennine Moors 1.6 A sub-set of the coastline designated as SPA is also designated as an internationally important wetland under the Ramsar Convention of 1971 and receives the same level of protection as a European site. 4 Habitat Regulations Assessment of the Heritage Coast Managment Plan Introduction 1 1.7 The Habitats Directive applies the precautionary principle to Natura 2000 sites. Plans and projects can only be permitted having ascertained that there will be no adverse effect on the integrity of the site(s) in question. Only in exceptional circumstance will a potentially damaging plan or project be permitted as determined by three tests including: No other alternative solutions to the plan or project; Demonstration that the plan or project is required for Imperative Reasons of Overriding Public Interest; and Ability to secure necessary compensatory measures to ensure that the overall coherence of Natura 2000 is protected 1.8 In order to determine whether or not site integrity will be affected the UK regulations (Regulation 61) require that: "A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which: A) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and B) 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 objectives 1.9 The term Habitats Regulations Assessment (HRA) has come into use for describing the overall assessment process including screening and the specific appropriate assessment stage. The Heritage Coast Management Plan and County Durham Plan 1.10 The Durham Heritage Coast stretches between the two conurbations of Tyne and Wear and Teesside and covers 14km of the coastal area. The Heritage Coast comprises an attractive coastal landscape of magnesian limestone grasslands, cliffs, pebble and sandy beaches. Habitat Regulations Assessment of the Heritage Coast Managment Plan 5 1 Introduction Figure 1 Map showing the Durham Heritage Coast 1.11 The national purposes of Heritage Coasts are to: Conserve, protect and enhance the natural beauty of the coasts, their marine flora and fauna, and their heritage features Facilitate and enhance their enjoyment, understanding and appreciation by the public. Maintain and improve the health of inshore waters affecting Heritage Coasts and their beaches through appropriate environmental management measures. Take account of the needs of agriculture, forestry and fishing, and of the economic and social needs of the small communities on these coasts 1.12 The Heritage Coast management plan for Durham is currently being refreshed in order to ensure that national and local objectives will be met through actions that guide the work of the partnership up until 2030. The associated action plan will be re-considered on a five year cycle up until 2030 to ensure that it is fit for purpose. The refresh of the Plan was prompted in part by the Habitat Regulations Assessment of the County Durham Plan as explained further. 1.13 Once adopted the County Durham Plan will be the spatial strategy for development in the County until 2030. The plan identifies the quantity and location of new development across the city, towns and villages of County Durham and the detailed planning policies that will be used to determine planning applications. It also sets out the measures required of Durham County Council and other key service providers and stakeholders to successfully achieve the ambitions of the Plan. 6 Habitat Regulations Assessment of the Heritage Coast Managment Plan Introduction 1 1.14 The Habitat Regulations Assessment of the County Durham Plan identified that in order to ensure that adverse effects on the integrity of coastal European Protected sites are avoided measures will be required to mitigate for increased recreational use of the coast which can cause trampling and nitrification of qualifying habitats and disturbance of qualifying species. Mitigation will enable: The development of 1,724 allocated houses within 6km of the coastal European Protected sites; The development of a film studio, education facilities and hotel and leisure facilities to the South of Seaham and; The aspiration to enhance the reputation of East Durham as a coastal tourist destination 1.15 Accordingly, three mitigation measures were identified through the HRA process including: Acknowledgement that the impact of residential or tourism type development within 0.4k of the coastal European Protected sites is likely to be significant and mitigation within this zone is unlikely to be effective. Proposals within this zone will be required to be subject to appropriate assessment. Proposals for new residential development from 0.4km - 6km of the coastal European Protected sites will need to provide or enhance suitable areas of green space in order to reduce the frequency of visits to the coast for dog walking purposes(i). Where suitable green space cannot be secured a contribution towards coastal access management measures may be required. Proposals for tourism type development from 0.4km - 6km of the coastal European Protected sites will need to contribute towards coastal access management measures 1.16 The Heritage Coast Management Plan is considered by Durham County Council to be the most appropriate mechanism to ensure the delivery of coastal access management measures where relevant development is proposed over the Plan period. Consequently, the revised action plan sets out a number of feasible projects that developers could contribute toward including: Recognition of highly sensitive areas, for example bird roosting sites Seasonal closures of sensitive areas Rationalisation of access points and footpaths to avoid highly sensitive areas New signage diverting people away from sensitive areas and towards alternative new recreational areas Practical habitat management and creation targeted at enhancing and enlarging qualifying habitats and therefore supporting qualifying species Community involvement, including educational initiatives working with the tourism sector to recognise opportunity zones for delivery of tourism objectives and enhancement of the European Protected Sites i suitable green space is determined through specific criteria as set out in the County Durham Plan HRA Report Habitat Regulations Assessment of the Heritage Coast Managment Plan 7 1 Introduction Monitoring of changes in the qualifying species and habitats Monitoring changes in recreational use, including the success of the management
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