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Huntingdon West Area Action Plan Habitat Regulations Assessment

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Huntingdon West Area Action Plan Habitat Regulations Assessment Huntingdon West Area Action Plan Habitat Regulations Assessment November 2009 Portholme Special Area for Conservation, Huntingdon AECOM for Huntingdon District Council Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 Report prepared by: AECOM Design + Planning 3/F Johnson Building 77 Hatton Garden London EC1N 8JS 0203 009 2100 www.aecom.com Author: G Grant CEnv, MIEEM [email protected] On behalf of: Huntingdon District Council Pathfinder House St Mary’s Street Huntingdon PE29 3TN www.huntsdc.gov.uk Senior Planning Policy Officer, Lynette Hughes [email protected] Page 1 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 Contents 1 Introduction 1.1 Scope 1.2 Introducing the Huntingdon West AAP 1.3 The need for assessment 1.4 Precautionary principle 1.5 Guidance on methodology 1.6 Consultation and revision 1.7 Process diagram 1.8 References 1.9 European sites in the vicinity 2 Screening 2.1 Huntingdon West Area Action Plan 2.2 Effects on European Sites 2.3 Conclusion 3 Appropriate Assessment 3.1 Introduction 3.2 Recreational Disturbance 3.3 Water Abstraction 3.4 Water Pollution 3.5 Summary 4 Avoidance and Mitigation 4.1 Introduction 4.2 Recreational Disturbance 4.3 Water Abstraction 4.4 Water Pollution 4.5 Conclusion Page 2 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 1 Introduction 1.1 This report considers the potential for Huntingdon District Council’s Huntingdon West Area Action Plan to have a significant effect on European sites in the vicinity (either alone or in combination with other projects or plans). European sites are those designated under the Habitat Directive (Special Areas for Conservation or SACs) and the Birds Directive (Special Protection Areas or SPAs). For the purposes of such assessments, sites designated as internationally important wetlands under the Ramsar Convention are also included. 1.2 The Huntingdon West Area Action Plan (HWAAP) is being developed through a consultative process to guide development in the area west of the town centre and Hinchingbrooke. It will help to stimulate regeneration and protect areas particularly sensitive to change. Following public consultations in June 2007 and May 2008, a Preferred Approach for the development of Huntingdon West was produced for further consultation in May 2009. It follows on from the directions set in the Local Development Framework Core Strategy. The Core Strategy is the lead document which sets the framework for how Huntingdonshire will develop up to 2026. It contains strategic policies to manage growth and guide new development. Public hearing sessions for the Examination of the Core Strategy were held in March 2009 and the Inspector’s report was published in July 2009. The Core Strategy was adopted in September 2009. 1.3 Regulation 48(1) of the Habitats Regulations 1994 requires that the impacts of policies, plans and proposals on Natura 2000 (European sites) are assessed. Following a European Court of Justice ruling in October 2005, the Office of the Deputy Prime Minister (now the Department for Communities and Local Government) indicated that, henceforth, the UK would ensure that all land use plans would be subject to appropriate assessment under the Habitat Regulations where they could have a significant effect on European sites. The objective is to ensure that European sites, which represent our most valuable nature conservation assets are fully and properly protected throughout the development process. 1.4 The Habitats Directive applies the precautionary principle to SPAs and SACs. Plans can only be permitted if it can be ascertained that there will be no adverse effect on the integrity of the site(s) in question. Plans may still be permitted if there are no alternatives to them and there are imperative reasons of overriding public interest as to why they should go ahead. Previous rulings show that these cases are rare. In such cases, compensation will be necessary to ensure the overall integrity of the site network. 1.5 This report follows the methodology recommended in Planning for the Protection of European Sites (DCLG 2006), which recommends collecting information on relevant European sites, plans and projects and determining likely significant effects. Page 3 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 1.6 A draft screening report and draft report were shown to Natural England in September and October 2009 and this report takes account of the comments received at those stages. A recommendation made by Natural England is that policies are appropriately re-worded to ensure that the planning authority will fully protect European sites through the planning system and to ensure that the recommended mitigation is fully adopted in all cases. As the result of this consultation and review changes to the Huntingdon West AAP and Huntingdon Development Management Development Plan Document have been made and the recommended mitigation measures (see also paragraphs 4.2, 4.3 and 4.4 in this document) will also be revised as summarised here: • On the issue of recreational disturbance to Portholme SA, the recommended mitigation is an increase in accessible open space. The Huntingdon West AAP has been revised to refer to Natural England’s ANGSt criteria that 1ha of additional open space will be provided in advance for every additional 500 person increase in population. • On the issue of water abstraction and the need for the authority to ensure that water conservation measures are adopted, the relevant supporting text to the policy in the AAP (HW9) has been revised to make specific reference to water conservation and the relevant sections of the Code for Sustainable Homes. • Also on the issue of water conservation, it is recommended that some developer contributions should be made to the Great Fen Project, which will help to conserve water (and will result in improved protection of European sites). Reference has been added to Appendix 1 regarding the possibility of contributions. It is noted however, that, in terms of Huntingdon, the Great Fen is principally addressed in the Huntingdon Core Strategy and Huntingdon Development Management Development Plan Documents. • On the issue of water pollution and the recommendation to use sustainable drainage systems (SUDS), the Huntingdon West AAP makes specific reference in policy HW9 to the requirement for SUDS to be incorporated into plans and a revision note that the master plan for the George St/Ermine St area will need to include a strategic approach to managing surface water. 1.7 The following diagram shows how HRA process is run in parallel with the development of the Huntingdon West Area Action Plan, with adjustment to the AAP if recommended by the HRA process. Page 4 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 1.8 References Key references including the Huntingdon West Area Action Plan itself and the evidence base against which this assessment was made are as follows: Huntingdon West Area Action Plan A full copy of the AAP Preferred Approach and related documents is available at http://www.huntsdc.gov.uk/Environment+and+Planning/Planning/Planning+Policy/Hun tingdon+West+Area+Action+Plan.htm Other plans which will form part of the Huntingdon LDF in future include: − Development Management DPD − Planning Proposals DPD − Gypsy and Traveller Sites DPD − Developer Contributions to Affordable Housing Supplementary Planning Document − Planning Contributions SPD − Design Guide SPD − Landscape and Townscape Assessment SPD European Sites All the European sites mentioned in this report are described by the Joint Nature Conservation Committee see http://www.jncc.gov.uk/page-140 . There are links to lists of the species listed in Annex 1 of the Birds Directive. Page 5 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 The SSSIs which are components of these SPAs are described by Natural England at http://www.naturalengland.org.uk/ourwork/conservation/designatedareas/sssi/default .aspx Huntingdonshire LDF Core Strategy HRA Habitat Regulation Assessment available at http://www.huntsdc.gov.uk/NR/rdonlyres/DB1C2FD3-4FCA-4F5E-8E5E- 47FECF74392F/0/hra_report_final_.pdf 1.9 European Sites There are 3 European sites within the Huntingdon District boundary as shown in table 1: Table 1 European Site Distance from Huntingdon West Portholme SAC From 500m Fenland SAC and Ramsar Site (Woodwalton Fen - part of Fenland About 10km to the north SAC) Ouse Washes SAC, SPA and Ramsar Site. At least 15km to the east In addition, the Huntingdonshire LDF Core Strategy Habitat Regulation Assessment (Scott Wilson 2008) identifies other sites beyond the Huntingdon District boundary where it has been suggested that there is a potential for impacts (including recreational pressures, water consumption and water and air pollution) caused by development within the District. These European Sites are listed in table 2: Page 6 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 Table 2. European sites in the vicinity of the District boundary European Site Distance from Huntingdon West Orton Pit SAC More than 20km to the north Rutland Water SPA and Ramsar Site About 45km to the north-west Barnack Hills & Holes SAC More than 25km to the north Eversden & Wimpole Woods SAC About 25km to the south Nene Washes SAC, SPA and Ramsar More than 20km to the north Site Figure 1: Plan to show locations of European sites listed in tables 1 and 2. These sites, their qualifying features, condition and vulnerabilities are shown in Figure 1 and described below: Page 7 Huntingdon West Area Action Plan - Habitats Regulation Assessment - November 2009 Portholme SAC Portholme is an alluvial flood meadow on the edge of Huntingdon. It is the largest (104 ha) surviving traditionally-managed meadow in the UK (7% of the total UK resource). Watercourses on the periphery of the site have populations of some uncommon invertebrates, including one dragonfly, which is of a nationally restricted distribution.
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