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Habitats Regulations Assessment Screening Report for the Draft Habitats Regulations Assessment Screening Report for the Draft Cambridge Local Plan 2014 Update – February 2016 Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 1 Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 2 CONTENTS Page Executive Summary 4 1. Introduction 5 2. Description of the Draft Cambridge Local Plan 2014 9 3. Description of the Relevant Plans and Strategies 13 4. Screening Methodology Setting out the Approach Used 14 and Specific Tasks Undertaken 5. Natura 2000 and Ramsar Sites Potentially Affected by the 15 Draft Cambridge Local Plan 2014 6. Conclusions of the Screening Assessment 17 7. Consultations 18 Appendices: Appendix 1: Summary of other relevant plans and strategies 19 Appendix 2: Information on Natura 2000 and RAMSAR Sites 36 Appendix 3: Site Maps 63 Appendix 4: Habitats Regulations Assessment Screening 77 Matrix Appendix 5: Responses from Natural England 161 Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 3 Executive Summary This document is a Habitats Regulations Screening Assessment of the Draft Cambridge Local Plan 2014, which has been carried out by Cambridge City Council as the relevant competent authority. It has been carried out in order to meet the requirements of Article 6(3) of the Habitats Directive. Habitats Regulations Assessment is an assessment of the potential effects of a proposed plan or project, both alone and in combination with other plans and projects, on one or more Natura 2000 or Ramsar sites. This report represents stage 1 of this process and provides: Details of the Draft Cambridge Local Plan 2014 and its objectives; Details of other relevant plans and projects; Details of the Natura 2000 and Ramsar sites that could potentially be affected by the Draft Local Plan (including their specific characteristics and conservation objectives); and A screening assessment of the Draft Local Plan, both alone and in combination with other identified plans and projects, in order to identify any likely significant effects on those sites. The conclusion drawn as a result of this screening assessment is that the Draft Cambridge Local Plan 2014 is not likely to have any significant effects on the Natura 2000 or Ramsar sites identified. The City Council therefore considers that there is not necessary to proceed to further stages of appropriate assessment. Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 4 1 - INTRODUCTION 1 INTRODUCTION 1.1 This document is a Habitats Regulations Screening Assessment of the Draft Cambridge Local Plan 2014, which has been carried out in order to meet the requirement of the Habitats Directive (92/43/EEC). It has been prepared by Cambridge City Council, as the relevant competent authority. 1.2 The Habitats Directive 1.2.1 Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora (the ‘Habitats Directive’) provides the legal protection for habitats and species of European Importance. Article 6(3) establishes the requirement for Habitats Regulations Assessment and states: “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.” Article 6(4) goes on to discuss alternative solutions, the test of ‘imperative reasons of overriding public interest’ (IROPI) and compensatory measures: “If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.” 1.2.2 The sites covered by Habitats Regulations Assessment form what are known as Natura 2000 sites. These are a European network of special areas of conservation and special protection areas under the old Wild Birds Directive (79/409/EEC) or the new Wild Birds Directive (2009/147/EC), provided for by Article 3(1) of the Habitats Directive. These sites of international importance for nature conservation were established under the Habitats Directive, which was transposed into UK law as the Conservation (Natural Habitats, &C) Regulations 19941. On 1st April 2010 this was 1 http://www.legislation.gov.uk/uksi/1994/2716/contents/made Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 5 replaced by the The Conservation of Habitats and Species Regulations 20102. This was consequently amended by the The Conservation of Habitats and Species (Amendment) Regulations 20123, which came into force on 16th August 2012. 1.2.3 The Conservation of Habitats and Species (Amendment) Regulations 20124 updates the legislation and consolidates all the many amendments, which have been made to the Regulations since 1994. 1.2.4 Paragraph 118 of the National Planning Policy Framework (March 2012) states that: “the following wildlife sites should be given the same protection as European sites: potential Special Protection Areas and possible Special Areas of Conservation; listed or proposed Ramsar5 sites; and sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites Therefore these sites will also be assessed as part of this screening assessment. Review of the Implementation of the Habitats Directive 1.2.5 In November 2011 the Government announced a review of the Habitats and Wild Birds Directives as currently implemented in England. This review was published by DEFRA on 22nd March 20126. 1.2.6 The review found that in the large majority of cases the implementation of the Directives was working well and allowed for the development of key infrastructure and ensured a high level of environmental protection. Four key areas were identified, where change would improve the implementation of the Directives, these were: Facilitating nationally significant infrastructure projects Improving implementation processes and streamlining guidance Improving the quality, quantity and sharing of data Improving the customer experience 1.2.7 An implementation plan for these measures is currently under-development. A report on the progress on the implementation was scheduled for March 2013. 2 http://www.legislation.gov.uk/uksi/2010/490/contents/made 3 http://www.legislation.gov.uk/uksi/2012/1927/contents/made 4 http://www.legislation.gov.uk/uksi/2012/1927/contents/made 5 Potential Special Protection Areas, possible Special Areas of Conservation and proposed Ramsar sites are sites on which Government has initiated public consultation on the scientific case for designation as a Special Protection Area, candidate Special Area of Conservation or Ramsar site 6 Cambridge City Council Habitats Regulations Assessment: Update – February 2016 Page 6 1.3 What is Habitats Regulations Assessment? 1.3.1 Habitats Regulations Assessment is an assessment of the potential effects of a proposed plan in combination with other plans and projects on one or more European sites, Natura 2000 sites and Ramsar Sites. The Habitats Directive promotes a hierarchy of avoidance, mitigation and compensatory measures. First, the plan should aim to avoid any negative impacts of European sites by identifying potential impacts early on in the plan-making process and writing these impacts out of the plan. Where adverse impacts remain, mitigation measures should be applied to the point that no adverse impacts remain. If the plan is still likely to result in adverse impacts that cannot be mitigated it should not be taken forward in its current form. In this situation the plan may have to undergo an assessment of alternative solutions. Where adverse impacts remain compensatory measures may be required but these will only be permitted if (a) no alternative solutions exist and (b) the plan is required for imperative reasons of overriding public interest (the ‘IROPI’ test). 1.3.2 There are 4 stages to the Habitats Regulations Assessment process as outlined below: Stage 1 (Screening) – the process which identifies the likely impacts upon a Natura 2000 or Ramsar site(s), either alone or in combination with other projects or plans and considers whether these impacts are likely to be significant; Stage 2 (Appropriate Assessment) – The consideration of the impact on the integrity
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