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Habitat Regulations Assessment Report

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Habitat Regulations Assessment Report Surrey Hills Area of Outstanding Natural Beauty Management Plan 2020-2025 Habitat Regulations Assessment Report Report on the assessment of the Surrey Hills AONB Management Plan 2020-2025 in respect of the requirements of the Conservation of Habitats & Species Regulations 2017 (as amended) Draft for Consultation September 2019 (09-09-19) Statement of Purpose This Habitat Regulations Assessment report has been prepared by Surrey County Council’s Principal Environmental Assessment Officer, who is part of the Natural Environment & Assessment Team within the County Council’s Planning service. Planning is part of the Community Protection, Transport & Environment Directorate. The Surrey Hills AONB Office has commissioned the report, and the Habitat Regulations Assessment of which it forms the final output, as part of the review of the Surrey Hills AONB Management Plan for the period from 2020 to 2025. The report evaluates the extent to which the revised AONB Management Plan has the potential to give rise to ‘likely significant effects’ on Special Protection Areas (SPAs), Special Areas of Conservation (SACs) (and Ramsar Sites) within the Surrey Hills AONB and the surrounding area. The report is prepared in response to the requirements set out in the Conservation of Habitats & Species Regulations 2017 (Statutory Instrument 2017 No.1012) (as amended by The Conservation of Habitats & Species & Planning (Various Amendments) (England & Wales) Regulations 2018 (Statutory Instrument 2018 No.1307)). Statement of Limitations This report has been prepared for the sole use of the Surrey Hills AONB Office (“Client”). No other warranty, expressed or implied, is made as to the professional advice included in this report or any other services provided by the County Council’s Natural Environment & Assessment Team. The preparation of this report was undertaken between July and September 2019, and is based on the information available to the Natural Environment & Assessment Team during that period of time. The scope of this report is accordingly factually limited by these circumstances. Contents Page Chapter 1 Introduction & Approach 1 Part A European Sites located wholly or partly 11 within the Surrey Hills Area of Outstanding Natural Beauty (AONB) Chapter 2 Mole Gap to Reigate Escarpment SAC 13 Chapter 3 Thursley, Ash, Pirbright & Chobham SAC 27 Chapter 4 Thursley, Hankley & Frensham Commons 47 (Wealden Heaths Phase 1) SPA (including Thursley & Ockley Bog Ramsar Site) Chapter 5 Wealden Heaths Phase 2 SPA 67 Part B European Sites located beyond & within 5 79 kilometres of the Surrey Hills AONB Chapter 6 East Hampshire Hangers SAC 81 Chapter 7 Ebernoe Common SAC 88 Chapter 8 Thames Basin Heaths SPA 97 Chapter 9 Woolmer Forest SAC 115 Chapter 10 Summary of HRA Conclusions 125 Habitat Regulations Assessment of the Surrey Hills AONB Management Plan –September 2019: Draft for Consultation This page is left intentionally blank Habitat Regulations Assessment of the Surrey Hills AONB Management Plan –September 2019: Draft for Consultation Abbreviations AA Appropriate Assessment AONB Area of Outstanding Natural Beauty APIS Air Pollution Information System BC Borough Council CC County Council COSA Conservation Objectives Supplementary Advice CPA County Planning Authority DC District Council DMRB Design Manual for Roads & Bridges DPD Development Plan Document EU European Union GBC Guildford Borough Council HGV Heavy Goods Vehicle HRA Habitat Regulations Assessment LA Local Authority MVDC Mole Valley District Council NPA National Park Authority PRN Primary Route Network RBBC Reigate & Banstead Borough Council RBMP River Basin Management Plan SAC Special Area of Conservation SIP Site Improvement Plan SPA Special Protection Area SPD Supplementary Planning Document SRN Strategic Road Network SSSI Site of Special Scientific Interest TCPA Town & Country Planning Act TDC Tandridge District Council WaBC Waverley Borough Council Habitat Regulations Assessment of the Surrey Hills AONB Management Plan –September 2019: Draft for Consultation This page is left intentionally blank Habitat Regulations Assessment of the Surrey Hills AONB Management Plan –September 2019: Draft for Consultation Chapter 1 Introduction & Approach 1.A Introduction & legal context 1.1 The requirement for plans and programmes to be assessed in respect of their capacity to give rise to adverse impacts on the features of qualifying interest (e.g. particular habitats or species) of sites that have been designated for protection under the European Union (EU) Habitats Directive1 or Wild Birds Directive2, derives from Articles 6(3) and 6(4) of the Habitats Directive3. 1.2 The requirement for ‘appropriate assessment’ of plans and programmes prior to their adoption or implementation has been transposed into UK domestic legislation via Regulation 63 of the Conservation of Habitats & Species Regulations 2017 (Statutory Instrument 2017 No.1012) (as amended by Statutory Instrument 2018 No.1307). 1.3 The revised Management Plan for the Surrey Hills Area of Outstanding Natural Beauty (AONB) for the period 2020 to 2025 covers a geographical area that encompasses a number of Special Protection Areas (SPAs) designated under the Wild Birds Directive and a number of Special Areas of Conservation (SACs) designated under the Habitats Directive. As the Management Plan includes aims and policies that could give rise to schemes or initiatives that could cause direct effects or contribute to indirect effects on the ecological interest and integrity of those SPAs and SACs, and which may require the implementation of mitigation measures to avoid likely significant effects, an ‘appropriate assessment’ needs to be undertaken before the Management Plan is adopted. 1.B Purpose of the Habitats Regulations Assessment 1.4 Article 6(3) of the Habitats Directive specifies three key questions (see below) that need to be asked of the proposed plan prior to any decision being made as to whether or not it should proceed. The relevant legislation does not specify any particular procedure to be followed when assessing the implications of a plan for the integrity of sites of European 1 Commission of the European Communities, 1992. Directive on the Conservation of Natural Habitats & Wild Flora & Fauna (92/43/EEC). Official Journal of the European Communities: Brussels. 2 Commission of the European Communities, 2009. Directive on the Conservation of Wild Birds (2009/147/EC). Official Journal of the European Communities: Brussels. Directive 2009/147/EC is the codified version of the original Directive 79/4069/EEC adopted by the EU in 1979. 3 The text of Article 6(3) of the Habitats Directive states that, “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” Habitat Regulations Assessment of the Surrey Hills AONB Management Plan –September 2019: Draft for Consultation 1 nature conservation importance. Methodological guidance4 on appropriate assessment produced by the EU identifies four key stages of the process: screening; appropriate assessment; assessment of alternative solutions; and, assessment of compensation and imperative reasons of over-riding public interest. 1.4.1 Is the plan directly connected with or necessary to the management of the SPA or SAC? If the answer to this question is ‘yes’ then the plan may proceed with no further assessment. If the answer to this question is ‘no’ then some level of further assessment is required. For the Surrey Hills AONB Management Plan, the answer to the question is ‘no’, as its purpose is to provide for the ongoing protection and management of the Surrey Hills AONB. It should be noted that management of land within the AONB to safeguard the character of the landscape has the potential to be supportive of the positive management of those SPAs and SACs that are located within or close to the AONB. 1.4.2 Is the plan likely to have a significant effect on the SPA or SAC, in view of the site's conservation objectives, either alone or in combination with other plans or projects? If the answer to this question is ‘no’ then the plan may proceed with no further assessment. If the answer to this question is ‘yes’ or ‘possibly’ then further assessment is required in order to determine whether the likely significant effects would have an adverse impact on the integrity of the SPA or SAC concerned. For the Surrey Hills AONB Management Plan, the answer to the question is ‘possibly’, as its aims and policies span a range of activities that have the potential to impact on the ecological integrity of SPAs and SAC. Examples would include changes in land management practices across the agricultural and conservation sectors that 1.4.3 Can it be ascertained that the plan will not adversely affect the integrity of the SPA or SAC concerned? If the answer to this question is ‘yes’ then the plan may proceed. If the answer to this question is ‘no’ then the plan may not proceed, unless in line with Article 6(4) imperative reasons of overriding public importance can be demonstrated and appropriate compensatory measures be put in place to protect the overall integrity and coherence of the SPA or SAC concerned. 1.5 This document provides a record of the appropriate assessment for the Surrey Hills AONB Management Plan, and an answer to the third question listed above (paragraph 1.4.3). 4 European Commission - Environment DG, November 2001. Assessment of plans & projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) & (4) of the Habitats Directive 92/43/EEC.
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