Confidential

Queenborough and Rushenden M asterplan

Habitat Regulations Assessm ent

For South East England Developm ent Agency on behalf of Sw ale Borough Council Project No:

9859-2

May 2009

Cam pbell Reith Hill LLP Som erset House 47-49 London Road Redhill Surrey RH1 1LU

Tel: 01737 784500 Fax: 01737 784501 w w w .cam pbellreith.com

Queenborough and Rushenden Masterplan Habitat Regulations Assessm ent

Docum ent History and Status

Revision Date Purpose/Status Author File Ref Check Review Jeff Picksley and MCm c9859-2-030309- 0 03.03.09 MC SLG Marian Cam eron Habitat Regulations assessm ent 26.05.0 Jeff Picksley and MCm c9859-2-260509- 1 MC SLG 9 Marian Cam eron Habitat Regulationsv2

This docum ent has been prepared in accordance w ith the scope of Cam pbellReith’s appointm ent w ith its client and is subject to the term s of the appointm ent. It is addressed to and for the sole use and reliance of Cam pbellReith’s client. Cam pbellReith accepts no liability for any use of this docum ent other than by its client and only for the purposes, stated in the docum ent, for w hich it w as prepared and provided. No person other than the client m ay copy (in w hole or in part) use or rely on the contents of this docum ent, w ithout the prior w ritten perm ission of Cam pbell Reith Hill LLP. Any advise, opinions, or recom m endations w ithin this docum ent should be read and relied upon only in the context of the docum ent as a w hole. The contents of this docum ent are not to be construed as providing legal, business or tax advice or opinion.

© Cam pbell Reith Hill LLP 2008

Docum ent Details

Last saved 26th May 2009 Path MCm c9859-2-260509-Habitat Regulations assessm entv2

Author Jeff Picksley (Terrence O ’Rourke) and Marian Cam eron Project Partner Stuart Goodchild

Project Num ber 9859-2

Project Nam e Queenborough and Rushenden Masterplan

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CO NTENTS PAG E

Sum m ary

1.0 Background to the Habitats Regulations

2.0 Approach to Assessm ent of the M asterplan Proposals

3.0 Habitat Regulations assessm ent undertaken for the Rushenden Relief Road and Neatscourt Phase 1 Within the Masterplan Area

4.0 O utline of the M asterplan Proposals for Assessm ent The Marina The Enhancem ent and Replacem ent Land

5.0 Baseline Inform ation Wintering birds w ithin the Medw ay Estuary and Marshes SPA/Ram sar Wintering birds w ithin the Sw ale SPA/Ram sar Passage birds w ithin the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar Breeding birds w ithin the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar O ther breeding species w ithin the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar Invertebrates w ithin the Medw ay Estuary and Marshes SPA/Ram sar

6.0 Potential Im pacts of the M asterplan Proposals on Special Interest Features

7.0 Assessm ent of M ovem ents of W intering Birds Using Inter-tidal areas betw een SPA Sites

8.0 Review of Research into the im pacts of D isturbance and D isplacem ent on W aterflow

9.0 Identification of Im pacts of M asterplan Proposals on Features of Interest w ithin European Sites Wintering and breeding birds w ith SPA/Ram sar sites Ram sar invertebrates

10.0 Assessm ent of the Potential Im pacts on Interest Features of the European Sites Identified in Tables 6 & 7

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Assessm ent of im pacts of disturbance by boat traffic on breeding birds w ithin the Medw ay Estuary and Marshes SPA/Ram sar Assessm ent of im pacts of disturbance by boat traffic on w intering birds w ithin the Medw ay and Estuary Marshes SPA/Ram sar Im pacts of boating traffic w ithin the Medw ay and Sw ale on breeding and w intering birds - Baseline situation

11.0 Assessm ent of Im pacts Related to Creation of New Channel Linking Queenborough Creek to M arina on Interest Features of the M edw ay Estuary and M arshes SPA/RAM SAR

12.0 Im pacts of Loss of Habitat Associated w ith D evelopm ent of Channel from M arina to Queenborough Creek

13.0 Im pacts of Boat M ovem ents and D isturbance from Queenborough M arina on W intering Birds Using Inter-tidal Areas at Queenborugh w ithinthe M edw ay Estuary and M arshes SPA/Ram sar

14.0 Im pacts of D isturbance to Birds from the M edw ay Estuary and M arshes SPA/RAM SAR using Queenborough Foreshore at High W ater and Queenborough Creek at Low W ater Recreational activity w ith the Medw ay Estuary and Marshes and the Sw ale SPA/Ram sar

15.0 Im pacts on Hydrology Affecting the M edw ay Estuary and M arshes SPA/RAM SAR

16.0 Im pacts of Release of Contam inants Affecting the M edw ay Estuary and M arshes SPA/Ram sar

17.0 Im pacts of Increased Levels of Recreational Activity Affecting W intering Birds using G razing M arshes w ithin the M edw ay Estuary and M arshes SPA/Ram sar

18.0 Im pacts of Increased Levels of Recreational Activity Affecting Breeding Birds using G razing M arshes w ithinthe M edw ay Estuary and M arshes SPA/Ram sar

19.0 Im pacts of Increased Num bers of D ogs and Cats Affecting W intering and Breeding Birds Suing G razing M arshes or Inter-tidal Areas w ithin the M edw ay Estuary and M arshes SPA/Ram sar

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20.0 Im pacts of Bait-D igging Affecting W intering Birds Using Inter-tidal Areas w ithin the M edw ay Estuary and M arshes SPA/Ram sar

21.0 Im pacts of Construction and Post-construction Lighting Affecting W intering and Breeding Birds Using Areas w ithin the M edw ay Estuary and M arshes SPA/Ram sar

22.0 Im pacts of Road Noise on W intering and Breeding Birds using Areas w ithin the M edw ay Estuary and M arshes SPA/Ram sar

23.0 Conclusion of Habitat Regulations assessm ent of M asterplan Proposals

24.0 In-Com bination Assessm ent

25.0 Sum m ary

References

Appendices

Appendix 1: Neatscourt AA Appendix 2: Master plan docum ent Appendix 3: Baseline population data Appendix 4: European sites data sheets Appendix 5: Rum m ey Environm ental reports Appendix 6: Invert data from EA Appendix 7: Correspondence w ith NE Appendix 8: Queenborough/Rushenden Regeneration Marina O ptions Appraisal Appendix 9: In com bination effects

Tables

Table 1: Details of type and size of new dw ellings w ithin Masterplan area Table 2: Avian interest features of the Medw ay Estuary and Marshes SPA/Ram sar during w inter Table 3: Avian interest features of the Sw ale SPA/Ram sar during w inter Table 4: Avian interest features of the Medw ay Estuary and Marshes SPA/Ram sar during breeding season

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Table 5: Flight responses of various w aterfow l in relation to people w alking on m udflats in The Netherlands Table 6: Potential im pacts on species and habitats Table 7: Potential im pacts of the project on breeding bird populations of European im portance Table 8: Berth occupancy and num bers of pow erboats at various m arinas in south-east England Table 9: Boat num bers w ithin the Medw ay during 2008 Table 10: Num bers of w ater based activities recorded w ith the Medw ay and Sw ale by season (2002/03) Table 11: A com parison of w ater-based activities in the w estern and eastern Sw ale (2002/2003) Table 12: Details of patrols undertaken by Medw ay Wildlife Ranger Service 2001-2007 Table 13: SPA/Ram sar species recorded at low tide on the inter-tidal zone at Queenborough Table 14: SPA/Ram sar species recorded at m id tide on the inter-tidal zone at Queenborough Table 15: SPA/Ram sar species recorded at high tide on the inter-tidal zone at Queenborough Table 16: Total tim e Queenborough m arina w ill be accessible to boats depending on tidal state Table 17: Rates of inundation of inter-tidal areas at Queenborough on spring and neap tides Table 18: Distance and drive tim es to popular sites around the Medw ay and Sw ale estuaries Table 19: Avian interest features of the Medw ay Estuary and Marshes SPA/Ram sar recorded during w inter 2004/05 – Sector B Table 20: Avian interest features of the Medw ay Estuary and Marshes SPA/Ram sar recorded during w inter 2004/05 – Sector C Table 21: Avian interest features of the Sw ale SPA/Ram sar recorded during w inter 2004/05 – Sector B Table 22: Avian interest features of the Sw ale SPA/Ram sar recorded during w inter 2004/05 – Sector C

Figures

Figure 1: Extent of the Sw ale and Medw ay Estuary and Marshes SPA, SSSI and Ram sar Figure 2: O rnithological Survey Areas Figure 3: WeBs Count zones Figure 4: RSPB reserves

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Figure 5: Rates of tidal inundation (Spring) Figure 6: Rates of tidal inundation (Neap) Figure 7: Replacem ent and enhancem ent land areas Figure 8: Access for Land-based Recreational Activities around Queenborough and Rushenden Figure 9: Extent of m ean ranging distances for cats

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Queenborough and Rushenden Masterplan

Isle of Sheppey, Kent

Medway Estuary and Marshes Special Protection Area/Ramsar The Swale Special Protection Area/Ramsar

DRAFT FO R CO M M ENT

Habitat Regulations assessm ent recorded on DAYth MO NTH 2009 SUM M ARY

This is a record of the Habitat Regulations assessm ent required by Regulation 48 of the Habitats Regulations 1994, undertaken by Sw ale Borough Council, in respect of the Queenborough and Rushenden Regeneration Masterplan (here in after referred to as ‘the Masterplan’), in accordance w ith the Habitats Directive (Council Directive 92/43/EEC). It w as considered the Masterplan w ould be likely to have a significant effect on interest features associated w ith both the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar and that the Masterplan w as not directly connected w ith, or necessary to, the m anagem ent of either site. Therefore a Habitat Regulations Assessm ent has been undertaken of the im plications of the proposal in view of the site’s conservation objectives.

Natural England w as consulted under Regulation 48(3) on several occasions betw een August 2009 and May 2009 and their representations, to w hich this authority has had regard, are attached at Appendix 7. The conclusions of the Habitat Regulations Assessm ent are in accordance w ith the advice and recom m endations of Natural England.

Natural England supplied the conservation objectives for both the Medw ay Estuary and Marshes and the Sw ale Sites of Scientific Interest (SSSI). Although these objectives and definitions of favourable condition cannot be used for assessm ent purposes they have been taken into account w hilst preparing the docum ent (see Appendix 7). The habitat quality definitions do not provide a com prehensive basis on w hich to assess the proposals and Natural England provided additional advice on the scope and content of the Habitat Regulations assessm ent. The likely effects of the proposal on the international nature conservation interests for w hich the site w as designated m ay be sum m arised as:

• disturbance to w aterfow l during construction period;

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• disturbance to w aterfow l from traffic noise post-construction; • disturbance to w aterfow l due to increased recreational activity post- construction; • effect of lighting (during and after construction) on w aterfow l behaviour; • loss of inter-tidal habitat used by w aterfow l and Ram sar interest species; • reduction in w ater quality or quantity entering the Medw ay estuary; • m obilisation of contam inants through construction of m arina basin or linking channel; • hydraulic changes leading to habitat changes on adjacent to grazing m arshes or tidal creeks; • predation and disturbance by pets; and • increase in boating activity and consequent disturbance of w aterfow l.

The assessm ent has concluded that:

The plan as proposed w ould adversely affect the integrity of the site. The im position of conditions or restrictions on the w ay the proposal is to be carried out has been considered and it is ascertained that:

THE FO LLO W ING M EASU RES AND RESTRICTIO NS, W HICH CO ULD BE IM PLEM ENTED THRO UG H CO NSENTING CO NDITIO NS O R LEG AL AG REEM ENT, W O ULD AVO ID ADVERSE EFFECTS O N THE INTEG RITY O F THE SITE:

1. If a period of 6 months or more elapses or new data on recreational boating on the Medway is published, between the adoption of the Masterplan and the submission of a detailed planning application for the marina, a survey of existing levels of boat traffic within the western Swale and the Medway will be undertaken and its findings reviewed to ensure that the conclusions of this Habitat Regulations assessment remain valid. If the outcome of this review determines there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan

2. Prior to the marina becoming operational a leaflet will be produced detailing those areas of the Medway known to hold important breeding bird colonies and high tide wader roosts. A series of recommendations to avoid disturbance will be included in the leaflet. This information will be displayed at the marina and given to all boats berthed at the marina.

3. A detailed contamination survey of the sediments along the route of the channel and an associated risk assessment will be undertaken in advance of the marina application. If it is

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found that there are no or insufficient measures to mitigate the adverse effect and no alternatives can be identified, then this element will need to be removed from the Masterplan.

4. Sediments will not be removed from the estuarine system during the creation of the channel unless contaminated. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan. The timing of the flushing to create the new channel will be agreed with Environment Agency prior to consenting the application.

5. Full details of the methods of working on the inter-tidal areas will be provided in a Construction Environmental Management Plan. Agreement on the adequacy of this document to prevent impacts on the European site with Natural England will be required prior to consenting the marina application. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan.

6. W ork associated with the marina that requires access to the inter-tidal areas will only be carried out between end of April and end of August.

7. If permission for a marina is granted, a planning condition will require one year of baseline monitoring (O ctober – March) to be undertaken, assessing wintering bird densities within 400m of the proposed marina lock and channel. A condition will also require monitoring of boat movements in the western Swale and Medway, with further survey work to be undertaken once the permanent berths within the marina are at 40% capacity. This monitoring will be undertaken by the instigated Q ueenborough W aterways Management Board in agreement with N atural England.

8. The nature conservation area along Q ueenborough Creek will be managed to ensure no public access is possible over the high tide period. The mitigation measures will require agreement with Natural England prior to consenting any applications with residential elements.

9. There will be no net change in the volumes of freshwater entering the Swale and Medway as a result of the implementation of the Masterplan. Sustainable drainage systems (SUDS) will be used throughout to control the quality and quantity of surface water discharges from the Masterplan area.

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10. A series of measures designed to ensure water quality is maintained are included in section 4.11 of the N eatscourt Appropriate Assessment, including the fitting of outfalls with a stop lock system to isolate the ditch network in the event of a pollution incident. Similar water control systems will be included in the design of all additional drainage schemes required for the Masterplan. No watercourses discharging into the marina will be permitted without such a system. An agreed, full-funded programme of management and maintenance will be required prior to consenting any applications.

11. Each stage of the development will be required to provide details of the drainage strategies to be employed prior to consenting these applications. Run-off rates into the Q ueenborough Creek will be calculated for each phase of the development, and considered in-combination with existing conditions to ensure no changes in salinity levels occur.

12. Conditions will be agreed prior to consenting subsequent applications to ensure safe storage and handling of possibly contaminated material during excavation and (if required) disposal. Best practice industry guidelines will be followed during groundworks and other construction activities. Full details will be provided in a Construction and Environment Management Plan prior to construction commencing.

13. N o waters to be discharged directly into the Medway Estuary and Marshes SPA/Ramsar during the construction of the marina basin.

14. Stiles or gates will be installed at the points the footpaths leave the Masterplan area in all directions. These will be of a design that allows access by walkers to the existing footpaths but prevents access by bikes, motor-cycles or other forms of transport. Information boards should also be installed to request walkers remain on the footpath and keep dogs under strict control. The boards should also contain some basic information detailing the interest features of the grazing marsh. These will be in place before the occupation of the first additional dwelling.

15. Until such time that a 12-month study to assess the use of the sea wall, footpaths and mudflats at low tide has been carried out, any detailed applications for residential schemes should be refused. The data from the 12-month study should be used to check the validity of the assumptions made in this Habitat Regulations assessment, and consent should only be granted if a review of the Habitat Regulations assessment against the new survey findings demonstrates that the current conclusions hold. If it is found that there are no or

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insufficient measures to mitigate any adverse effects and no alternatives can be identified, then revisions to the Masterplan will be required.

16. O pen space provision (see Plan 3.6 of Masterplan) within the development will be designed to provide suitable areas for exercising dogs (both on and off leads). The existing area of Rushenden Hill and the proposed park will play an important role in providing suitable areas for dog exercise. All subsequent detailed applications will be required to meet the Accessible Natural Greenspace Standards.

17. The description of lighting characteristics for construction compounds described in section 4.36 of the Neatscourt Appropriate Assessment will be applied to construction compounds associated with the development of the final area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

18. The installation of a solid fence of 1.8m height around construction compounds (set out in section 4.37 of the Neatscourt Appropriate Assessment) should be applied to construction compounds associated with the development of the final area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

19. The creation of the permanent bund along the southern edge of the proposed employment areas will be necessary. The bund described in section 3.12 and shown in figure 5 of the Neatscourt Appropriate Assessment should be progressively extended to the west until it meets with the existing railway line to restrict access to the adjacent SPA/Ramsar from the business developments in this area. This bund will be in place prior to construction work commencing in the relevant area.

20. Post-construction lighting will be subject to detailed design. The recommendations outlined in section 4.47 of the N eatscourt Appropriate Assessment should be applied to the area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

21. The description of lighting characteristics for construction compounds described in section 4.36 of the Neatscourt Appropriate Assessment will be applied to construction compounds within 75m of any inter-tidal areas within the European site. The installation of a solid fence of 1.8m height around these construction compounds (set out in section 4.37 of the Neatscourt Appropriate Assessment) will also be required.

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22. The design of any footpath lighting along the sea wall should be designed in such a way that there is no significant light spill onto the surrounding mudflats as a result of its installation. Any lighting columns used should be as low as practicable and lighting systems with high levels of directionality should be used. Details of the lighting systems will be agreed with Natural England once full details are available. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan.

23. Full details of the impact/effect lighting will be required. It is considered that any lighting that increases ambient levels of light on the mudflats is likely to be unacceptable. It is recommended that if it cannot be demonstrated that this lighting will not increase ambient light levels on the inter-tidal habitats any subsequent detailed applications should be refused and these elements be removed from the Masterplan proposals.

24. The design of buildings fronting onto areas of inter-tidal habitat will include design features to minimise light spill onto adjacent mudflats. Specialist advice from lighting consultants may be required to ensure light spill and reflectivity is minimised.

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1.0 BACKG RO UND TO THE HABITATS REG ULATIO NS

1.1 The requirem ents of the Council Directive on the conservation of natural habitats and of w ild fauna and flora (42/43/EEC) have been transposed into UK law through the Conservation (Natural Habitats &c) Regulations 1994, m ost com m only referred to the ‘Habitat Regulations’. These Regulations afford a high level of protection to sites classified as Special Protection Areas (SPAs) or designated as Special Areas of Conservation (SACs). These are areas that hold significant populations of certain bird species (SPAs), or areas that support habitats or rare species (other than birds) considered to be scarce or vulnerable at a com m unity level (SACs).

1.2 Articles 6(3) and 6(4) of the Council Directive im pose duties on public bodies (com petent authorities) to follow a strictly defined procedure to ensure the plan or project w ill not adversely affect the integrity of the site concerned. Plans or projects w hich are not directly connected w ith the m anagem ent of the site and are likely to have a significant effect on the site require an appropriate assessm ent of the im plications for the site in view of that site’s conservation objectives. The plan or project can only be given consent if it w ill not adversely affect the integrity of the site, or if there are no alternatives and it m ust be undertaken for im perative reasons of overriding public interest.

1.3 The UK is also a signatory of the Ram sar Convention, w hich aim s to protect w etlands of international im portance. It is current Governm ent policy that all listed Ram sar sites are treated in the sam e w ay as designated European sites. Therefore in line w ith this policy guidance com petent authorities should undertake appropriate assessm ents or Habitat Regulations assessm ents w here potential im pacts are likely to affect Ram sar sites, in the sam e w ay they w ould be undertaken for SACs and SPAs.

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2.0 APPRO ACH TO ASSESSM ENT O F THE M ASTERPLAN PRO PO SALS

2.1 The follow ing approach w as undertaken using the necessary procedures. The first stage of the assessm ent process of the Queenborough and Rushenden Masterplan (herein after referred to as the Masterplan) is to consider if the proposals are likely to have any significant effects on the European sites w ithin the vicinity of the proposed developm ent. In this case, it w as agreed w ith Natural England that the scope of the initial assessm ent should cover potential im pacts to interest features w ithin the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar.

2.2 It w as considered likely that the proposals had potential to cause a significant im pact on interest features w ithin these sites. Therefore a Habitat Regulations assessm ent w as undertaken to determ ine w hether it could be dem onstrated that the proposals w ould not have an adverse im pact on the integrity of the European site(s). If it could not be dem onstrated at this stage that adverse im pacts from the proposals could not be avoided then appropriate m itigation m easures w ere considered to ensure that no adverse im pacts on the sites integrity occur. It should be noted that it is not alw ays possible to fully m itigate adverse im pacts on integrity through m itigation m easures alone; if this is the case a revision of the proposals could be required to ensure no such im pacts occur.

2.3 The Masterplan gives a broad overview of the developm ent proposals for the area. Detailed Planning Applications w ould be required for the individual subm issions w ithin the Masterplan Area. If the proposals are im plem ented in accordance w ith the current Masterplan, individual subm issions for planning perm ission w ill be required. In m ost cases these are likely to be subm issions that w ill be subject to the EIA Regulations (1999, as am ended). The inform ation contained in the Masterplan, w hilst of sufficient detail to allow potential im pacts of the proposals to be identified, lacks the detailed inform ation on issues such as hydrological im pacts, contam inated land, phasing of construction etc, that w ould be required for a subm ission under the EIA Regulations.

2.4 It w as agreed, in discussions betw een Natural England and the applicant, that should any adverse im pacts be predicted as a result of the im plem entation of part, or all of, the Masterplan proposals, appropriate m easures to m itigate these im pacts (w here possible) w ould be recom m ended. To com ply w ith the requirem ents of the Habitat Regulations it w ill be necessary, during the developm ent of the area, to im plem ent in full any m itigation m easures identified as being necessary to ensure no adverse im pacts on the integrity of any European sites occur. The Habitat Regulations require that any m itigation m easures w ill be

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im plem ented in accordance w ith the recom m endations laid out in the Habitat Regulations assessm ent. These m itigation m easures w ill need to be sufficient to dem onstrate no adverse im pacts on the integrity of the European sites.

2.5 There is a degree of uncertainty as to the tim escale associated w ith the full im plem entation of the Masterplan, and adjustm ents to the proposals m ay be m ade in the future. Therefore a m echanism w as considered necessary to allow for any subsequent changes to the proposals to be reassessed, w ith regard to the findings of this assessm ent. To allow for a review of the conclusions of the Habitat Regulations assessm ent to be m ade, should the developm ent proposals used for this assessm ent be changed, a caveat w as agreed w ith Natural England to be applied to the recom m endations and conclusions of this docum ent.

2.6 The agreed w ording is as follow s: “The conclusions of the Habitat Regulations assessment will need to be reassessed should there be any changes to the Masterplan proposals as set out in the Habitat Regulations assessment, or should changes to the recommendations made in the Habitat Regulations assessment be required. Natural England will be consulted for an opinion on whether the proposed changes to the Masterplan are likely to alter the conclusions of the original Habitat Regulations assessment. If it is considered proposed changes are likely to affect the conclusions of the Habitat Regulations assessment then a review of the relevant sections of the document will be undertaken. Should it not be possible to demonstrate that the changes to the Masterplan will not adversely affect the integrity of the European sites planning permission for the proposed changes should be refused. “

2.7 The com petent authority has agreed to review each planning application linked to the Masterplan for com pliance w ith the param eters used in this assessm ent and w ill consult w ith Natural England w here any variance is identified.

2.8 The rest of this docum ent form s a record of the Habitat Regulations assessm ent undertaken for the Masterplan area. The processes of the assessm ent are sum m arised below :

1. Establishm ent of baseline conditions for interest features of European sites. This included a data review to com pare current w aterfow l populations w ithin the European sites to those at the tim e of site designation. In accordance the m ost up-to-date population figures are used in the Habitat Regulations assessm ent. This is covered in section 5 and appendices 3 and 4. O ther baseline data relevant to the interest features of the European

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sites w as review ed and w here required for the purposes of assessm ent is presented in section 9 and appendix 5.

Relevant consultees undertook a review of the baseline conditions and, w here necessary, m odifications w ere m ade. The baseline presented in this docum ent represents an agreed baseline for assessm ent of the Masterplan proposals at the tim e of the production of this docum ent.

2. Identification of potential im pacts. Extensive consultations w ith relevant consultees w ere undertaken and a list of potential im pacts of the Masterplan proposals w as prepared (see sections 6 and 9). Consultation on this list w as undertaken and it w as m odified in light of com m ents received. The list given in section 6 form s the term s of reference for the Habitat Regulations assessm ent. The list identified potential im pacts for assessm ent against the agreed baseline condition.

3. Identification of potential im pacts. The Habitat Regulations assessm ent considers w hether the Masterplan proposals are likely to have a significant adverse im pact on the interest features of the European site.

4. Identification of m itigation m easures w here there is potential for significant im pacts. Where im pacts that m ay cause adverse im pacts on the integrity of the European site are identified, m itigation m easures are identified. The im plem entation of these m itigation m easures is essential to ensure no significant adverse im pacts occur as a result of the im plem entation of the Masterplan proposals. If it is not possible to deliver the m itigation recom m ended it m ay prove necessary to reassess the conclusions of this docum ent to ensure no adverse im pacts on site integrity (see paragraph 2.6).

5. Presentation of Evidence Base. In cases w here no m itigation is required the evidence used to arrive at the conclusion is presented. It is considered im portant to dem onstrate the process of assessm ent undertaken w here potential im pacts have been evaluated and determ ined as not significant and therefore do not require Habitat Regulations assessm ent.

6. Identification of m itigation m easures w here no significant im pacts are identified. In som e cases w hilst significant adverse im pacts on interest features of the European sites have not been identified, m easures have been identified that w ould assist in protecting the nature conservation interests of the w ider area. Although outside the rem it of a Habitat

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Regulations assessm ent, it is recom m ended that these m easures be im plem ented as part of a package of environm ental safeguards through a section 106 agreem ent.

7. Identification of further surveys. During the assessm ent process a num ber of areas w ere identified w here it w as considered additional inform ation w ould validate the data used. To this end further surveys are recom m ended in relation to the subm ission of detailed planning applications for several elem ents of the Masterplan proposals.

8. Recom m endations are m ade for m onitoring w ork to be undertaken. Whilst this w ork is not required to determ ine no adverse im pacts on integrity, it is considered to be useful to collect data to validate the conclusions of this docum ent. Were unforeseen effects to com e to light during the course of any m onitoring, there w ould also be the possibility that rem edial action could be taken to address specific issues. Again, w hilst outside the rem it of a Habitat Regulations assessm ent, the instigation of m onitoring dem onstrates a com m itm ent to the im plem entation of the precautionary principle throughout the various phases of developm ent.

9. Review of conclusions. The tim etable of im plem entation of the various elem ents of the Masterplan proposals is uncertain at the present tim e. The sam e uncertainty exists over the im plem entation of other plans and projects in the w ider area. As detailed applications are m ade, m ore inform ation m ay be available on the tim ings and nature of other plans and projects. It is likely therefore that the conclusions of this docum ent w ill require review ing as detailed applications are m ade.

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3.0 HABITAT REG ULATIO NS ASSESSM ENT UNDERTAKEN FO R THE RUSHENDEN RELIEF RO AD AND NEATSCO URT PHASE 1 W ITHIN THE M ASTERPLAN AREA

3.1 Rum m ey Environm ental Lim ited prepared a report on appropriate assessm ent of the potential im pacts of the Rushenden Relief Road and Neatscourt Phase 1 proposed developm ents in 2007 (see appendix 1). The applications for these developm ents fall w ithin the overall Masterplan boundary and therefore any im pacts identified as part of these proposals w ill need to be considered w ith regard to these proposals. The report (hereafter called Neatscourt Appropriate Assessm ent) concluded, that w ith the im plem entation of the com prehensive m itigation m easures suggested (outlined below ), the proposed developm ents assessed w ould have a no adverse im pact on the interest features of the European sites.

3.2 The com petent authority (Sw ale Borough Council) accepted the conclusions, w hich established that the proposals w ould not have an adverse im pact on the integrity of the European sites. Both planning applications have been given consent and construction of Neatscourt Phase 1 com m enced in Septem ber 2008. In som e cases the potential im pacts of the Masterplan w ill be very sim ilar to those identified in the Neatscourt Appropriate Assessm ent.

3.3 This assessm ent w ill review the m itigation m easures proposed in the Neatscourt Appropriate Assessm ent w here sim ilar im pacts are identified. Where these are considered to be applicable to the Masterplan developm ent, the recom m endations w ill be cross- referenced to the m easures included in that docum ent. Where the m easures outlined in the Neatscourt Appropriate Assessm ent are considered insufficient to deal w ith the im pacts identified as a result of the im plem entation of the Masterplan, or w ould need revision to ensure no im pacts occur, the additional m easures required w ill be laid out in full in this docum ent.

3.4 Whilst som e of the im pacts from the proposals w ill be sim ilar to those identified for the previous planning applications, the Masterplan includes residential developm ent, alongside a new m arina as w ell as industrial developm ent associated w ith Neatscourt. These proposals w ill broaden both the geographic scale and nature of potential im pacts on European sites in com parison w ith assessm ent w ork undertaken on plans to date.

3.5 The m itigation m easures considered necessary to ensure no adverse im pact on European interest features in the Neatscourt Appropriate Assessm ent included:

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• Enhancem ent of a m inim um of 14ha of land w ithin Sw ale SPA to im prove suitability for SPA species; • Replacem ent of non-SPA grazing m arsh lost as part of the developm ent proposals w ith an equivalent area (or areas) adjacent to the Sw ale SPA elsew here; • O rientation and design of built environm ent to reduce im pact of hum an activity and disturbance on adjoining Sw ale SPA/Ram sar sites. Buildings also considered to have a buffering effect from existing noise and disturbance from the original A249; • Provision of bunding along the southern boundary of the site to m inim ise disturbance during construction and operation; • Replacem ent of w atercourses lost as a result of developm ent w ith double the length of new ly created w atercourses. A m anagem ent and m aintenance program m e is also proposed to m aintain the ecological interest of these new w atercourses; • Erection of fencing to control access and reduce disturbance to adjoining Sw ale SPA/Ram sar site; • Careful design of lighting to m inim ise im pact on adjoining European site, and a no night- tim e w orking rule during the construction phase; • Preparation of a Construction Managem ent and Monitoring Plan to be im plem ented during the construction period; and • A 10-year post-construction Site Managem ent and Monitoring Plan to be im plem ented.

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4.0 O UTLINE O F THE M ASTERPLAN PRO PO SALS FO R ASSESSM ENT

4.1 The area covered by the Masterplan is 168ha. The area to the w est of the railw ay encom passes 77ha (Caradon Works) and the area east of the railw ay covers 69ha (Neatscourt). The proposed developm ent is a m ix of:

• residential and com m ercial developm ent; • em ploym ent space; • com m unity facilities and services; • open spaces; and • a m arina.

4.2 A copy of the Masterplan docum ent is included in appendix 2. This is forecast to increase the population in the Queenborough and Rushenden area to 7,544, from the current 3,144. Table 1 show s details of the type and sizes of houses and flats proposed:

Table 1: Details of type and size of new dw ellings w ithin M asterplan area

Num ber of beds Houses Flats 1 bed 0 280 2 beds 320 580 3 beds 620 100 4 beds 100 0 Total 1040 960

4.3 The highest housing densities are situated around the proposed m arina, w ith a density of m ore than 90 dw ellings per hectare. A large proportion of the tallest buildings, of five storeys, w ill also be concentrated in this area. Low er housing densities are proposed for the southern side of the creek at a density of betw een 50 and 70 dw ellings per hectare. Densities in the rem aining areas identified for housing w ill largely be betw een 70 and 90 dw ellings per hectare. As part of the housing developm ent, pedestrian lighting is proposed along the frontage of the developm ent bordering inter-tidal areas. The housing developm ents are concentrated m ainly on brow nfield sites. The banks of Queenborough Creek and areas of m ost polluted land are not proposed for developm ent.

4.4 Com m ercial developm ents form a significant proportion of the Masterplan proposals, w ith 180,000 square m etres of em ploym ent space, including m ixed use, adjacent to the m arina. The areas identified for com m ercial developm ents fall into four discrete areas:

• Rushenden Square, identified for a m ix of retail, restaurant and office space;

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• Marina area identified for a m ix of retail, business, restaurant, pub-bar and other com m ercial developm ent; • Klondyke area identified for a m ix of retail, restaurant, business and other com m ercial developm ent; and • Queenborough com m unity identified for retail developm ent.

4.5 In addition to these developm ents, land w ithin the A249 corridor has been identified for a m ix of business, industrial, storage and distribution uses (sim ilar to existing uses in this area). The Neatscourt Appropriate Assessm ent has already evaluated the potential im pacts of m ost of the developm ent in this area on the European sites (see appendix 1).

The M arina

4.6 The Area Action Plan and the review of the Sw ale Local Plan identifies the developm ent of Queenborough Creek as a prim e objective. The m arina w ould be located on land locally know n as the ‘Tw yford Site’ betw een the Klondyke site in the north and the northern boundary of Rushenden in the south. The new m arina is intended to provide a sustainable platform facilitating a num ber of w ide ranging beneficial outputs including:

• Creation of an environm ent w ithin w hich existing and new m arine industries can flourish; • Conserve and enhance the relationship betw een the local people and the Queenborough Creek/Sw ale; • Support the local cultural identity; and • Engage the local com m unities.

4.7 The m arina w ould incorporate the follow ing key elem ents:

• Approxim ately 148 w aterspace m oorings for vessels up to 15 m etres in length; • Construction of double sector gates and a lock control building; • Tw o distinct im pounded m ooring basins, one for m oorings, the other for com m unity related leisure; • Provision of a num ber of service m oorings; • Suggestion of a favourable m ix of m ooring types w ithin the im pounded basin; • The construction of a boardw alk connecting to new footpaths and cycle routes encouraging integration and im proved access betw een uses and com m unities;

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• A sw ing bridge linking the tw o im pounded basins creating access betw een basins and producing opportunity for m ovem ent interest and flexibility for the m ooring/leisure pursuits area; • Tw o discreet slipw ays for essential operations and m anagem ent; • Facilities building; • Hardstanding and boatyard storage facilities; and • Car parking.

The Enhancem ent and Replacem ent Land

4.8 The developm ent of the Masterplan including Rushenden Relief Road and Neatscourt w ould result in the disturbance and loss of grazing m arsh habitat that w ould potentially have an adverse im pact on species for w hich the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar are designated. The Masterplan proposals include the creation of 25 ha of grazing m arsh habitat w hich includes the 13 ha of grazing m arsh habitat already agreed in the Neatscourt Appropriate Assessm ent as necessary to m itigate the im pacts. In addition habitat enhancem ents, prim arily on the ditch netw ork, w ill be undertaken on approxim ately 50 ha of land to the south of Neatscourt Phase 1.

4.9 Agreem ent has already been reached for the provision of a further 12ha of grazing m arsh to m itigate the im pacts of the Masterplan proposals w hich is an integral part of the Masterplan proposals. This provision is m ade for purposes of good practice: this docum ent w ill dem onstrate that there is no requirem ent for the provision of land to m itigate im pacts on birds from the European sites.

4.10 The purpose of the replacem ent and enhancem ent land is to m itigate the im pact of the Masterplan proposals on non European interest feature species that w ould be disturbed or lost as a result of the Masterplan proposals. The land w ill be m onitored during the post- construction phase to ensure that the m easures undertaken are successful in creating appropriate conditions for species that include w ater voles, invertebrates and birds.

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5.0 BASELINE INFO RM ATIO N

W intering birds w ithin the M edw ay Estuary and M arshes SPA/Ram sar

5.1 The populations of several species w ithin the Medw ay Estuary and Marshes SPA/Ram sar have changed since the site w as classified in Decem ber 2003. In m any cases the current w intering bird populations are m uch low er than at the tim e of designation, although for a sm all num ber of species considerable increases in num bers have been recorded.

5.2 For m ost w intering birds, this inform ation has been derived from the m ost recent five years of WeBS data obtained from the BTO covering the period 2002/03 – 2006/07. How ever a num ber of other sources have been used and these are all listed in the references section. To ensure the assessm ent reflects current populations every attem pt has been m ade to use the m ost current population estim ates for those species w here significant differences in the population at the tim e of designation and the current population has been identified. Full details of the population trends for species w ithin the Medw ay Estuary and Marshes SPA/Ram sar are included in appendix 3.

5.3 Table 2 show s those species listed on either the Medw ay Estuary and Marshes Standard data sheet or the SPA review sheet produced by JNCC. Any additional species of international im portance included on the Ram sar Inform ation Sheet have also been included for assessm ent. The species included in table 2 form the baseline for assessm ent of the im pacts of the Queenborough and Rushenden Masterplan on w intering birds. These data sheets have been included in appendix 4.

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Table 2: Avian interest features of the M edw ay Estuary and M arshes SPA/Ram sar during w inter

Species M ean peak % of population at tim e of W eBS data (5 yr designation m ean peak) 2002/03 – 06/07 W intering birds Avocet 3141 24.7% (GB population) 1027 Bew ick’s sw an 162 0.2% (GB population) 5 Teal 1,824 1.3% (GB population) 1198* Shoveler 762 0.8% (GB population) 509* 1.2% (Northw estern Europe Pintail 6971 809* population) Wigeon 43462 1.6% (GB population) 2203* Dark-bellied brent 1.1% (West Siberia/Western 32051 1515* goose Europe population) Dunlin 25,9361 1.4% (GB population) 7451 Knot 5412 1% (GB population) 3159 1.5% (European / N Africa Ringed plover 7681 249* w inter population) O ystercatcher 3,6722 1% (GB population) 2455 1.4% (w intering Icelandic Black-tailed godw it 9571 1120* population) Curlew 1,9002 1.7% (GB population) 1050 2.3% (East Atlantic Grey plover 3,4061 1157 population) 2.5% (East Atlantic Redshank 3,6901 1405* population) Greenshank 102 2.6% (GB population) 5 Shelduck 4,4651 3.3% (GB population) 2063 Turnstone 5612 0.9% (GB population) 342 WeBS data considered incom plete

Data w ere supplied by the Wetland Bird Survey (WeBS), a joint schem e of the British Trust for O rnithology, The Wildfow l & Wetlands Trust, Royal Society for the Protection of Birds and Joint Nature Conservation Com m ittee (the last on behalf of the Countryside Council for Wales, the Environm ent and Heritage Service, Natural England and Scottish Natural Heritage).

1 Inform ation from JNCC SPA description sheet published 2001. (Count data based on 5 year m ean peak 1991/92 – 1995/96) 2 Inform ation from Natura 2000 Standard Data Form . JNCC. Version 1.1, 05/05/06 (Count data based on 5 year m ean peak 1991/92 – 1995/96)

5.4 The species assem blage form an im portant part of the Medw ay Estuary and Marshes SPA/Ram sar interest w ith a five year m ean peak of over-w intering 65,496 w aterfow l recorded at the tim e of designation. Additional species m entioned as part of this over w intering assem blage at the tim e of designation w ere red-throated diver, great-crested grebe, corm orant, m allard, pochard and lapw ing. The m ost recent five year m ean peak for the Medw ay Estuary and Marshes derived from core count data (2002/03 – 2006/07) show s the m ean w inter peak is only 25,351 w aterfow l. Part of the reason for this low figure is likely to be due to the incom plete nature of m any of these counts during this period.

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W intering birds w ithin the Sw ale SPA/Ram sar

5.5 Table 3 show s those species listed on either the Sw ale Standard data sheet or the SPA review sheet produced by JNCC. These species form the baseline for assessm ent of the im pacts of the Queenborough and Rushenden Masterplan on w intering birds w ithin the Sw ale SPA/Ram sar. As above any additional species of international im portance included on the Ram sar Inform ation Sheet have been included for assessm ent. These data sheets have been included in appendix 4.

Table 3: Avian interest features of the Sw ale SPA/Ram sar during w inter

% of population at tim e W eBS data (5yr m ean Species M ean peak of designation peak) 2002/03 – 06/07 W intering birds 0.7% (Western Dark-bellied brent Siberia/Western Europe 19612 1754 goose population)

Dunlin 123942 2.3% (GB population) 9202 1.2% (w intering East Redshank 16401 1127 Atlantic population) 1.2% (NW/Central Europe Shoveler 4711 315 population) 1.6% (w intering NW Pintail 9661 790 Europe) 1.6% (w intering NE Knot 55821 Canada / Greenland / NW 3331 Europe population) 1.3% (of w intering East Grey plover 20211 1576 Atlantic population) Black-tailed 2.5% (w intering Iceland 1,7551 1425 godw it population) 1% (w inter GB Bar-tailed godw it 5421 611 population) 1.1% (w inter GB Golden plover 2,8621 9188 population) 7% (w intering GB Avocet 891 595 population) 3.1% (w inter GB Hen harrier 231 No data population) 1% (NW Europe Wigeon 152963 18521 population) 1 Inform ation from JNCC SPA description sheet published 2001. (Count data based on 5 year m ean peak 1991/92 – 1995/96) 2 Inform ation from Natura 2000 Standard Data Form . JNCC. Version 1.1, 05/05/06 (Count data based on 5 year m ean peak 1991/92 – 1995/96) 3 Inform ation from Inform ation Sheet on Ram sar Wetlands (RIS). JNCC. Version 3.0, 13/06/2008

5.6 The species assem blage form an im portant part of the Sw ale SPA/Ram sar interest w ith a five year m ean peak of over-w intering 77,501 w aterfow l recorded at the tim e of

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designation. Additional species m entioned as part of this over-w intering assem blage at the tim e of designation w ere w hite-fronted goose, corm orant, curlew , shelduck, gadw all, oystercatcher, lapw ing and little grebe. The m ost recent five year m ean peak for the Sw ale SPA/Ram sar derived from core count data (2002/03 – 2006/07) show s the m ean w inter peak of 76,323 w aterfow l is very sim ilar that at the tim e of designation.

Passage birds w ithin the Sw ale and M edw ay Estuary and M arshes SPA/Ram sar

5.7 Ringed plover on passage are identified as interest features on both the Medw ay Estuary and Marshes SPA and the Sw ale SPA. The SPA description (based on inform ation published in 2001) highlights the im portance of the passage population of ringed plover on the Medw ay Estuary and Marshes. The five-year m ean peak w as 1,337 birds on passage (1991/92 – 1995/96). The SPA description (based on inform ation published in 2001) for the Sw ale notes a m ean five-year peak of 683 birds on passage (1991/92-1995/96).

5.8 The inform ation sheets for the Ram sar sites highlight the im portance of the Medw ay Estuary and Marshes and the Sw ale to passage redshank. The Medw ay is also considered to be an im portant site for passage grey plover.

Breeding birds w ithin the Sw ale and M edw ay Estuary and M arshes SPA/Ram sar

5.9 Table 4 show s the m ost up-to-date inform ation available on the interest features w ithin both the Sw ale and Medw ay Estuary and Marshes Ram sar and SPA, m uch of w hich w as supplied by the RSPB.

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Table 4: Avian interest features of the M edw ay Estuary and M arshes SPA/Ram sar during breeding season

% of population at Species M ean peak M ost recent estim ates tim e of designation Breeding birds – Medway Estuary and Marshes 6.2% (GB Avocet 28 pairs1 No recent data breeding) 143 pairs – 2008 0.6% (GB Com m on tern 77 pairs2 127 pairs – 2007 breeding) 350-400 pairs – 2005-06* 17 pairs – 2008 1.2% (GB Little tern 28 pairs1 0 pairs – 2006/07 breeding) 3 pairs - 2005 10 apparently 9.2% (GB Mediterranean gull occupied 144 pairs - 2008 breeding 2000) nests3 333 apparently 3.1% (GB Sandw ich tern occupied 480 pairs - 2008 breeding 2000) nests3 Breeding birds – Swale 17.5% (GB Avocet 103 pairs1 130 pairs - 2008 breeding 1996) 12% (GB c20 pairs – 2003 Mediterranean gull 12 pairs1 breeding 1996) No recent data 20 apparently 1% (GB Little tern occupied breeding No recent data nests3 population) 15% (GB Marsh harrier 24 pairs1 No recent data breeding 1995) *Total Medw ay population, other counts refer to Burntw ick Island

1 Inform ation from JNCC SPA description sheet published 2001. 2 Inform ation from Natura 2000 Standard Data Form . JNCC. Version 1.1, 05/05/06 3 Inform ation from Inform ation Sheet on Ram sar Wetlands (RIS). JNCC. Version 3.0, 13/06/2008

Avocet 5.10 The m ain concentrations of breeding avocet on the Medw ay are on Chetney Marshes, although there are recent breeding records of birds from Nor Marshes RSPB reserve (see Figure 4). It is the view of the RSPB w arden for the North Kent Marshes that the breeding population on the Medw ay has rem ained fairly low so the figure of 28 pairs is used for assessm ent purposes. The m ain colony on the Sw ale w as 130 pairs in 2008, w ith 116 pairs nesting. O ccasional scattered pairs have been recorded in other areas w ithin both European sites.

5.11 If the breeding population has rem ained at sim ilar levels since designation, the percentage of the GB breeding population supported by the Medw ay Estuary and Marshes SPA/Ram sar w ill have decreased. The national breeding population of avocet w as betw een 1359 and

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1386 pairs in 2004 (Holling et al, 2007). Rare Breeding Bird Panel data w ould suggest an overall increase in the num bers of breeding avocet in Kent (e.g. 1999 52 pairs breeding at three localities; 2002 357 pairs at 11 localities). Using the low er population estim ate for 2004 and the population at tim e of designation w ould m ean the Medw ay Estuary and Marshes SPA/Ram sar currently supports 2% of the GB breeding population.

Little tern 5.12 The little tern breeding on the Medw ay Estuary and Marshes SPA/Ram sar are found on the shingle beach at Deadm an’s Island. Num bers have fluctuated at this site considerably over recent years and the num bers currently breeding are below those recorded w ithin the European site at the tim e of designation. The RSPB provided som e inform ation suggesting that the colony suffered from nests being flooded and that disturbance w as not thought to be the reason for breeding failures. The w arden for the North Kent Marshes also noted that the area used by the little terns w as possibly becom ing unsuitable due to vegetation encroachm ent (G. Allison (RSPB), pers comm.).

5.13 The m ain breeding colony of little tern is at Shellness at the w estern m ost extent of the Sw ale SPA/Ram sar. A sm all breeding colony is also present at Castle Coote (w ithin the South Sw ale LNR) and there are records of birds breeding at Elm ley although there are no recent records from this location.

Common tern 5.14 The m ost recent estim ates of the breeding com m on tern population w ithin the Medw ay Estuary and Marshes SPA/Ram sar are from 2005/06. The population at that tim e w as estim ated to be in the region of 350-400 pairs. More recent surveys of the colony at Burntw ick Island found 143 pairs breeding at this site in 2008, an increase of 16 pairs from 2007.

Sandwich tern 5.15 A survey in the Medw ay Estuary and Marshes SPA/Ram sar in 2008 recorded 480 pairs of sandw ich tern breeding on Burntw ick Island. This represents a significant increase in the num bers breeding w ithin the Medw ay Estuary and Marshes SPA/Ram sar since 2000. The sandw ich tern colony in the Medw ay Estuary and Marshes SPA/Ram sar is one of the largest in the south-east.

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Mediterranean gull 5.16 The breeding population of Mediterranean gull w ithin the Medw ay Estuary and Marshes SPA/Ram sar has increased dram atically since 2000. The m ost recent survey found 144 breeding pairs on the Medw ay in 2008. The m ajority of these birds are associated w ith the large black-headed gull colony on Burntw ick Island.

5.17 The num bers of breeding Mediterranean gull on the Sw ale SPA/Ram sar has increased slightly since 1996. The m ost recent estim ates of the breeding population are from 2003, w hen it w as estim ated the breeding population w as in the region of 20 pairs. These w ere associated w ith the black-headed gull colony on Flanders Mare Island. How ever, recent inform ation from the RSPB (G. Allison, pers comm) indicates that the colony of breeding black-headed gulls on Flanders Mare Island has virtually disappeared, w ith birds possibly m oving across the Sw ale to Fow ley Island. It is considered likely that any breeding Mediterranean gulls w ill be found w ithin the black-headed gull colonies on the Sw ale but there is no recent survey inform ation to substantiate this assum ption.

Marsh harrier 5.18 The m arsh harrier population at the tim e of designation w as 24 breeding pairs. Num bers of breeding fem ales nationally have continued to increase w ith the current national population (based on a national survey in 2005) is estim ated to be in the region of 360 birds (RSPB).

O ther breeding species w ithin the Sw ale and M edw ay Estuary and M arshes SPA/Ram sar

5.19 The breeding bird assem blage of the Medw ay Estuary and Marshes SPA/Ram sar is also highlighted on the SPA data sheets w ith kingfisher, m allard, short-eared ow l, pochard, corm orant and lapw ing identified. Correspondence w ith Natural England has confirm ed that three species (hen harrier, m erlin and red-throated diver) w ere incorrectly included in the breeding bird assem blage section of the data sheet and should be considered as part of the w intering bird assem blage.

5.20 The breeding bird assem blage for the Sw ale SPA/Ram sar is highlighted as being of interest w ith a range of species identified: sedge w arbler, teal, m allard, gadw all, ringed plover, reed bunting, coot, m oorhen, oystercatcher, curlew , shelduck, redshank and lapw ing. Grey plover is also m entioned on the SPA Standard Data Form but this m ust be an error as this species does not breed in the UK.

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Invertebrates w ithin the M edw ay Estuary and M arshes SPA/Ram sar

5.21 More than tw elve British Red Data Book species of w etland invertebrates have been recorded w ithin the Medw ay Estuary and Marshes Ram sar. Those included on the Ram sar Inform ation Sheet are: Polystichus connexus, Cephalops perspicuous, Peocilobothus ducalis, Anagnota collini, Baris scolopacea, Berosus spinosus, Malachiius vulneratus, Philonthus punctus, Malacostoma castrensis, Atylotus latistriatus, Campsicnemus magius, Cantharis fusca, Limonia danica, Lestes dryas, Hydrochus ignicollis, Hydrophilus piceus, Dicranomyia danica and Lejops vittata.

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6.0 PO TENTIAL IM PACTS O F THE M ASTERPLAN PRO PO SALS O N SPECIAL INTEREST FEATURES

6.1 Natural England (along w ith other consultees) w ere consulted by the applicant on a num ber of occasions prior to the preparation of this report to establish the likely im pacts of the proposals on interest features of the European sites. A list of potential im pacts to be considered in the assessm ent w as agreed and these are listed below . The rem ainder on the docum ent assesses in detail the potential im pacts identified for assessm ent.

D isturbance to breeding birds: • Disturbance, due to additional recreational boating activity, on birds breeding on saltm arsh islands in both the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar. The interest features to be considered w ill be breeding Mediterranean gull, little tern and avocet w ithin the Sw ale SPA/Ram sar and Medw ay Estuary and Marshes SPA/Ram sar and com m on tern and sandw ich tern w ithin the Medw ay Estuary and Marshes SPA/Ram sar. • Disturbance of interest features breeding on surrounding grazing m arsh due to construction noise and visual im pacts, dog w alking and other recreational activities. The interest features to be assessed w ill be breeding avocet on the Sw ale SPA/Ram sar and Medw ay Estuary and Marshes SPA/Ram sar, as w ell as the overall breeding bird assem blage of Sw ale SPA/Ram sar. In addition an assessm ent of breeding m arsh harrier w ithin the Sw ale w ill be undertaken. • Im pacts on hydrology and any effects on the capacity of birds to raise young as a result of changes to hydrological regim e. • Changes to use of rem aining land (e.g. reduced grazing, altering habitat structure) that could affect use of habitat by breeding birds from the Sw ale SPA/Ram sar or Medw ay Estuary and Marshes SPA/Ram sar sites • Use of land w ithin the Masterplan area, outside the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar sites, by interest features from the SPAs such as foraging m arsh harrier. • Traffic noise from Rushenden Relief Road on breeding birds associated w ith Sw ale and Medw ay Estuary and Marshes SPA/Ram sar sites.

D isturbance to w intering birds: • Disturbance of w intering birds w ithin both the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar due to additional recreational boating activity. The assessm ent w ill cover both high tide roosts and low tide feeding areas. • Disturbance to w intering birds from the Medw ay Estuary and Marshes SPA/Ram sar sites using surrounding grazing m arshes. Im pacts to be considered include construction noise,

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visual disturbance during construction and dog w alking and other recreational activities in the post-construction period. • Im pacts on hydrology affecting the ability of the grazing m arsh to support birds from the SPA flocks during w inter. • Changes of use of rem aining land such as reduced grazing or altered habitat structure that m ay affect use of grazing m arsh by w intering birds from SPA flock. • Traffic noise from Rushenden Relief Road on w intering birds associated w ith the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar. • Existing levels of bait-digging and fishing activity w ithin the inter-tidal areas adjacent to Queenborough and Rushenden. Any increases in these activities m ay affect the use of the inter-tidal areas by feeding birds from Medw ay Estuary and Marshes SPA/Ram sar flock. • Lighting both during construction and post-construction. Any increases in lighting levels m ay have an im pact on the use of the inter-tidal areas by birds from the Medw ay Estuary and Marshes SPA/Ram sar flock.

Invertebrates: • Im pacts of hydrology including changes to w ater levels, salinity or w ater quality that m ay affect invertebrates w ithin the Sw ale and Medw ay Estuary and Marshes Ram sar sites. • New lighting that m ay affect breeding cycles or cause behavioural changes by invertebrates w ithin the Sw ale and Medw ay Estuary and Marshes Ram sar sites. • Increases in recreational activity, such as dam age through tram pling, on invertebrates w ithin the Sw ale and Medw ay Estuary and Marshes Ram sar sites. • Dust created during construction activities. • Potential for contam inated surface w ater run-off into w atercourses linked to Sw ale and Medw ay Estuary and Marshes Ram sar sites. • Potential for pollution incidents to occur.

Loss of habitat: • Creation of a new channel to link the m arina to the existing Queenborough Creek including any changes to feeding/roosting areas for birds from the Medw ay Estuary and Marshes SPA/Ram sar site.

Contam inated land: • Likelihood for release of contam inants from potentially contam inated land and inter tidal flats during developm ent of m arina and the new creek.

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In-com bination assessm ent: • A consideration on the need for in-com bination assessm ent, to be agreed w ith Natural England.

6.2 Before exam ining these im pacts in detail it is necessary to consider the degree of interchange that occurs am ongst bird populations from the European sites to determ ine the scope of the assessm ent of im pacts, this is considered in section 7. It is also considered necessary to establish the effect disturbance has on bird populations to allow a full assessm ent of im pacts to be undertaken. A brief sum m ary of studies undertaken to assess the im pacts of disturbance are set out in section 8.

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7.0 ASSESSM ENT O F M O VEM ENTS O F W INTERING BIRD S USING INTER-TID AL AREAS BETW EEN SPA SITES

7.1 The tw o European sites potentially affected by these proposals are alm ost contiguous (see figure 1), w ith a sim ilar suite of species of international im portance included in the site designation docum ents. It is therefore necessary to try and establish if there are levels of interchange betw een the tw o populations of w aterfow l w ithin the designated sites. If it is possible to establish that interchange betw een populations is unlikely to occur, then the im pacts on the w intering bird populations of the tw o European sites can initially be assessed in isolation.

7.2 Studies conducted on the Medw ay using core and low tide data over the last ten years have all show n a high correlation betw een areas used at both high and low tides by various species over this period. It is clear from an assessm ent of these reports that different species of w aterfow l favour different areas of the Medw ay for feeding and roosting and that, despite fluctuations in the num bers recorded, the areas selected rem ain broadly sim ilar. Full details of population and distribution trends can be found in appendix 3.

7.3 The findings of num erous studies undertaken to investigate levels of site fidelity am ong w aders and w ildfow l accord w ith the patterns show n on the Medw ay. High levels of fidelity have been show n am ong various w aders to feeding and roosting sites, both w ithin and betw een w inters. This has been dem onstrated for redshank (Burton et al, 2006, Rehfisch et al, 1996), grey plover (Rehfisch et al, 1996, Dugan, 1982), dark-bellied brent geese (St Joseph, 1979), greenshank (Potts & Bell in Wernham et al, 2002), dunlin (Rehfisch et al, 1996) and black-tailed godw it (Wernham et al, 2002) am ongst others.

7.4 As highlighted in section 5.0, the w aterfow l populations on the Medw ay have changed considerably since the tim e the site w as designated. In som e cases the changes in num bers recorded reflect broader international trends, such as increasingly m ild w inters in northern Europe leading to declines in the num bers of birds w intering on British estuaries (see Musgrove et al, 2007 & Banks et al, 2008). O thers reflect national or regional trends in w aterfow l populations, such as increases in the num bers of w intering avocet found in Britain. Whilst som e of the changes in population noted w ithin the Medw ay Estuary and Marshes SPA/Ram sar can be attributed to these w ider influences, there is som e evidence to suggest that factors specific to the Medw ay m ay also be partly responsible for a decline in num bers for som e species.

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7.5 A BTO report w as com m issioned by English Nature (now Natural England) to look for evidence of possible m ovem ents betw een the Medw ay Estuary and Marshes SPA and the neighbouring estuaries (the Sw ale and the Tham es). At the tim e, analysis of data over a ten- year period (1989/90 – 1999/00) identified the Medw ay Estuary and Marshes SPA as a site of serious concern, w ith a large num ber of w aterfow l experiencing significant declines in num bers over the period of analysis (Banks et al, 2005). A m ore recent assessm ent of WeBS data (to w inter 2004/05) has triggered a high alert for dunlin and m edium alerts for seven other species: brent goose, shelduck, oystercatcher, ringed plover, grey plover, lapw ing and curlew (BTO , 2008).

7.6 O ne possible reason for the declines recorded in w aterfow l populations on the Medw ay identified in the BTO report w as that birds m ay have been relocating to the Sw ale, w here the Elm ley Conservation Trust and RSPB m anage 3,300 acres of dam p grassland for conservation purposes. The BTO report looked at trends w ithin the Tham es and Sw ale estuaries to assess if there w as evidence of a redistribution of feeding or roosting birds betw een these sites from 1993/94 to 2003/04.

7.7 For tw o species, dunlin and ringed plover, the trends indicated that specific factors relating to the Medw ay are contributing to the declines in num bers w ithin the Medw ay Estuary and Marshes SPA com pared to the w ider area. There w as also evidence for both species of som e possible m ovem ent betw een SPA sites during this period. There w as no evidence to suggest that birds from the Medw ay w ere relocating to the Elm ley reserve.

7.8 When ringed plover num bers w ere declining m ost steeply on the Medw ay, increases in num bers w ere recorded on sectors on the Tham es and Sw ale during the sam e period. A sim ilar correlation w as noted for dunlin, w ith increases on the w estern Sw ale particularly notable as the population on the Medw ay declined. Recent low tide data (2001/2002) show s the highest m ean densities of feeding dunlin in the w estern Sw ale occurred to the south of Elm ley Hills, east of Wellm arsh Creek and at Spitend Point on the northern shore and on South Deep (south of Fow ley Island) on the southern shore.

7.9 The analysis also suggested possible m ovem ent betw een SPAs by grey plover, redshank, oystercatcher and curlew , although in these cases the evidence is not as com pelling as for dunlin and ringed plover. The patterns identified m ay help in explaining som e of the declines noted on the Medw ay, but the changes identified do not necessarily closely m atch betw een sites and years in all cases and do not apply to all species.

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7.10 The report does not identify the reasons for declines am ongst various species but does suggest a num ber of possibilities: salt m arsh erosion (see Wolters et al, 2005) affecting roost sites, proliferation of algal m ats degrading inter-tidal habitat, increases in levels of Spartina in the salt m arsh reducing feeding opportunities and the loss of m udflats at Lappel Bank are all considered likely to have contributed to declines in bird populations.

7.11 O ther likely contributory factors to the recorded declines are species responding to clim ate change by shifting w intering or m oulting areas, or using sites in different w ays tem porally. Disturbance through recreational activity and developm ent is also highlighted as a possible factor contributing to declines in the southern and w estern parts of the Medw ay.

7.12 The report could find no clear evidence of m ovem ents from the Medw ay to either the Sw ale or Tham es estuaries during the period of assessm ent, although the findings did indicate som e local distribution m ay be occurring for som e species. How ever, no clearly defined trends of regular m ovem ents betw een the Medw ay and Sw ale, or Medw ay and Tham es estuaries w ere found for m ost w intering species. The findings of the report are supported by the large body of evidence show ing high levels of site fidelity exhibited by m any w aders to w intering sites. The report does suggest that birds w ill relocate to other estuaries if environm ental or anthropom orphic factors affect favoured feeding or roosting areas.

7.13 O n the basis of the inform ation above, it is concluded that the first phase of the assessm ent process should consider potential im pacts from the developm ent on w intering bird species using the inter-tidal areas from the Medw ay Estuary and Marshes SPA/Ram sar only, w ith tw o im portant exceptions.

7.14 The potential for im pacts as a result of increased boating activity from the m arina developm ent on interest features of the Sw ale SPA/ Ram sar w ill need to be assessed. It is also considered necessary to assess im pacts on interest features from the Sw ale SPA/Ram sar area (w here these species are not included as interest features of the Medw ay Estuary and Marshes SPA/Ram sar) if recorded w ithin the area affected by the Masterplan proposals. How ever, although this applied to species such as w igeon and m arsh harrier, it does not apply to any w ader species.

7.15 If im pacts likely to have an adverse im pact on the w intering population of w aders on the Medw ay Estuary and Marshes SPA/Ram sar are identified (i.e. displacem ent, loss of habitat, excessive levels of disturbance) then the assessm ent w ill be extended to exam ine possible im pacts on the Sw ale SPA/Ram sar. This is because of the possibility that birds from the

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Medw ay m ay relocate to these estuaries as a result of any significant im pacts identified, w hich m ay in turn have im pacts on the populations of these sites due to, for exam ple, elevated levels of inter and intra species com petition for feeding resources or roosting sites com pared to the baseline situation.

7.16 The issues of displacem ent and disturbance are com plex and im pacts on species and populations are often subtle and difficult to assess. A brief sum m ary of som e of the studies undertaken is given in section 8.0.

7.17 Com m ents received from Dave Rogers (Natural England) noted that ringing has show n that there is som e m ovem ent betw een the Sw ale and the Medw ay by both redshank and knot. No further inform ation w as provided on the scale of m ovem ent recorded although published research w ould suggest that the scale of m ovem ent is likely to be lim ited.

7.18 Assessm ent of WeBS data for the Sw ale has show n that there are tw o significant high tide roosts of knot along the Sw ale, w ith concentrations of birds on the upper sections of inter- tidal areas at Shellness, close to Elm ley and in the Milton Creek area. The highest concentrations of roosting redshank are also found in these areas, although this species is m uch m ore w idely distributed along the Sw ale at low tide than knot.

7.19 At low tide knot favour discrete areas of the Sw ale w ith the highest concentrations of feeding knot (birds per hectare) occurring on the inter-tidal areas betw een Elm ley Hills and Wellm arsh Creek, around Spitend Point and Fow ley Island, on the m udflats around The Ferry Inn and on the foreshore of Whitstable Bay and south of Leysdow n-on-Sea. Within these areas the m udflats w ith the highest densities are in the Sharfleet Creek, and the around Shellness and on the southern shore of the outer Sw ale betw een South O aze and The Spit.

7.20 Redshank occur w idely throughout the Sw ale at low tide although the highest concentrations (birds per ha) occur on the southern side of the Sw ale in the region of O are Marshes and Nagden Marshes. High densities also occur on the m udflats betw een Dutchm an’s Island and Mocketts on the northern shore. High concentrations of birds also occur in the Milton Creek area.

7.21 Redshank num bers on both the Sw ale and the Medw ay have declined since these sites w ere designated (see tables 2 and 3) suggesting birds are not relocating from one SPA to the other as a result of site specific factors. Knot have declined considerably on the Sw ale since

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the site w as designated, but num bers have increased dram atically on the Medw ay over the sam e period. This m ay indicate that knot are m oving from the Sw ale to the Medw ay.

7.22 The Habitat Regulations assessm ent w ill consider the im pacts of the Masterplan proposals on w intering birds. If adverse im pacts on the populations of either species are predicted as a result of the im plem entation of the Masterplan proposals, the assessm ent w ill consider the potential for m ovem ent of birds betw een the tw o sites to occur.

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8.0 REVIEW O F RESEARCH INTO THE IM PACTS O F D ISTURBANCE AND D ISPLACEM ENT O N W ATERFLO W

8.1 A w ide range of surveys have been undertaken looking at the issue of disturbance to bird populations in different countries, covering various species and a variety of disturbance events at differing periods of the birds’ life cycle. When review ing the findings of these surveys, it is clear that a w ide range of im pacts have been recorded, w hich vary depending on the circum stances of the disturbance events and the species involved. How ever, the w ide range of responses recorded for different types of disturbance events show s that the factors at play are often difficult to establish and m ay not be applicable to other areas or populations (even of the sam e species). The follow ing sum m ary of research is far from com prehensive but does cover those factors considered to be m ost relevant to these proposals.

8.2 As w ould be expected, behavioural changes have been recorded in a num ber of studies in response to disturbance, w ith evidence of birds changing feeding behaviour or taking flight. Wigeon feeding on Zostera beds, w here feeding activity w as closely tied to patterns of tidal inundation, show ed that birds w ould return to feeding areas if disturbed in the early stages of the feeding cycle. How ever if disturbance events occurred after the Zostera beds had been fully exposed, the feeding grounds w ere abandoned until the next tidal cycle (Fox et al, 1993).

8.3 Sim ilar disruption to feeding behaviour due to disturbance events w as identified during studies of oystercatchers feeding on m ussel beds in the Exe Estuary. The study found that w hen disturbed, feeding birds flew to another area of the m ussel beds but stopped feeding and rested.

8.4 In this case the im pact w as not solely confined to displacem ent from feeding areas, im pacts on oystercatchers already using the areas displaced birds m oved to w ere identified. As disturbance increased the num bers of birds not feeding increased and those birds that continued feeding w ere forced together at higher densities. O ystercatchers steal m ussels from one another m ore at higher feeding densities and thus disturbance increases the opportunities for birds to steal from subordinate individuals. This has the effect of decreasing intake rates of subordinate birds at high feeding densities (Goss-Custard & Verboven, 1993).

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8.5 Sim ilar effects w ere found in displaced populations of w intering redshank from Cardiff Bay onto the Severn Estuary, although in this case habitat loss w as the cause of displacem ent rather than hum an disturbance. Adult redshank displaced by the barrage closure onto the Severn Estuary w ere found to experience difficulties m aintaining body m ass during the first w inter and also experienced significantly higher rates of m ortality than birds not displaced by the schem e (Burton et al, 2006). Studies in the Netherlands w here colour-ringing of oystercatcher displaced by habitat loss suggested significantly higher m ortality rates than non-displaced sub-populations (Lam beck, 1991).

8.6 The im pacts of displacem ent are not alw ays as clearly established as by the w ork on redshank in the Severn. The studies of oystercatcher of the Exe found rates of m ovem ent betw een m ussel beds in response to disturbance varied depending on the state of the tidal cycle. Birds w ere also found to adjust feeding rates to com pensate for low er food intake during periods w hen they w ere disturbed, although the ability to do this varied w ithin the population w ith juvenile birds not exhibiting the sam e increase in feeding rates as observed in adults (Goss-Custard & Verboven, 1993). Even w ithin a sub-population, the im pacts of displacem ent m ay vary depending on the ages of the birds displaced.

8.7 A study undertaken on the Stour and O rw ell estuaries found sim ilar variations in bird responses to disturbance at different tidal states as the Exe estuary study. This w ork found that bird responses to disturbance altered in relation to the state of the tide w ith events at high tide tw ice as likely to disturb birds as those at low tide. Birds feeding on a rising tide w ere m ore sensitive to disturbance w hilst those feeding on a falling tide show ed sim ilar response to those recorded at low w ater (Ravenscroft et al, 2007).

8.8 Im pacts of displacem ent m ay even affect different sub-species in different w ays. The tw o populations of redshank studied on the Severn w ere different sub-species, totanus in Cardiff Bay and robusta in Rhym ney (Burton et al, 2006). Num bers of over-w intering redshank at Rhym ney (the area displaced birds from Cardiff Bay m oved to) had fallen over the seven-year period before barrage closure, intuitively suggesting the habitat had spare carrying capacity for the displaced birds. High survival rates pre-closure w ould suggest com petition for food w as not a lim iting factor on the existing Rhym ney w intering population. It m ay be that if the displaced population had com prised robusta the im pacts m ay have been less. It is possible that different sub-species favour slightly different areas of estuaries and even at species level habitat requirem ents cannot be considered to be universally applicable to all sub-species.

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8.9 It is clear that the im pacts of displacem ent on birds through disturbance or habitat loss are not alw ays clearly identifiable and responses vary. Seem ingly counter-intuitive results have been found such as on the Exe w here although oystercatcher num bers declined on som e disturbed m ussel beds they increased on other beds w ith sim ilar levels of disturbance. No clear link w as identified linking this shift to food availability over this tim e (Goss-Custard & Verboven, 1993).

8.10 Assessing the im pact disturbance has on a w intering population is further com plicated by research findings that show the responses to disturbance events vary across the w inter. O ystercatcher w ill return to feeding areas m ore quickly after disturbance events in late w inter than in early w inter and w ill approach sources of localised disturbance m ore closely as w inter progresses. This is thought to be due to an increased need to increase energy intake during late w inter, coupled w ith a reduction in the quality of prey taken at this tim e (Stillm an & Goss-Custard, 2002). O ther factors can cause tem poral changes in avian responses to disturbance events. Studies have show n that brent geese in Denm ark take flight in response to disturbance at 210m at the end of Septem ber, this increases to 370m at the end of O ctober once the hunting season has started (Rudfield, L (1990) in Sm it, C.J. & Visser, G .J.M, 1993).

8.11 Visual contact w ith the hum an form can disturb birds through causing increased anxiety and flight. The distance at w hich a bird w ill take flight due to perceived danger is variable both betw een and w ithin species, threat type and habituation to hum an contact. Visual disturbance can also affect birds’ behaviour before causing them to take flight, such as increasing flock alertness, causing individuals to stop feeding or birds beginning to sw im or w alk aw ay from the source of disturbance.

8.12 A sum m ary of findings of research on shorebirds using the Dutch Wadden Sea and Delta area has show n flight distances, in response to people w alking over tidal flats, varies considerably both w ithin and betw een species. In general, the Delta area is considered to have a higher degree of hum an disturbance than the m ore rem ote Wadden Sea coast.

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Table 5: Flight responses of various w aterfow l in relation to people w alking on m udflats in The Netherlands

Delta W adden Sea

Flight distance Range Flight distance Range Curlew 211m 124-299 339m 225 – 550 Shelduck 148m 99 – 197 250m 200 – 300 Grey plover 124m 106-142 Bar-tailed 107m 88 – 127 219m 150 – 225 godw it Brent 105m 58 – 152 goose Dunlin 71m 57 – 86 163m 100 – 300 Source: Sm it, C.J. & Visser, G.J.M, 1993

8.13 The research undertaken in the Netherlands w ould indicate that birds respond to hum ans w alking on tidal areas in m ore heavily used areas by decreasing the distance at w hich they take flight com pared to undisturbed sites.

8.14 There is som e evidence that birds are capable of adapting their behaviour to certain regular disturbance events. In Mokbaai, Texel, regular helicopter m ovem ents do not elicit any observable reaction from feeding and roosting w aders, although in areas of Wadden Sea w here flight activity is infrequent such events can cause m ass panic am ongst feeding and roosting birds. There is also evidence of birds not responding to regular flights of m ilitary jets in Vlieland, but show ing panic responses to the m ore infrequent flights of the slow er m oving A10 aircraft (Sm it, C.J. & Visser, G .J.M, 1993).

8.15 How ever, as highlighted by the w ork undertaken by Stillm an and Goss-Custard (2002), the distance at w hich species take flight does not necessarily equate to the significance of the disturbance event of the population. Sim ilarly, the evidence that birds are capable of adjusting their response behaviour to certain events does not necessarily im ply that there w ill be no im pact on the population. Tim e spent alert or resting in response to disturbance m ay im pact on foraging or roosting tim e and affect individuals’ ability to obtain sufficient food resources or general fitness.

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9.0 IDENTIFICATIO N O F IM PACTS O F M ASTERPLAN PRO PO SALS O N FEATURES O F INTEREST W ITHIN EURO PEAN SITES

W intering and breeding birds w ith SPA/Ram sar sites

9.1 The survey w ork undertaken by Rum m ey Environm ental Lim ited on breeding and w intering birds and invertebrates w as review ed (Copies of these reports are included in appendix 5). The findings from the surveys w ere also review ed against WeBS data and other published research to identify potential im pacts in the w ider estuary (outside the survey areas covered by Rum m ey Environm ental Lim ited).

9.2 The identification of im pacts associated w ith the Masterplan take into account the agreed list of potential im pacts requiring assessm ent show n in section 6. Table 6 provides an overview of the interest features of the Medw ay Estuary SPA/Ram sar and the potential im pacts the Masterplan proposals m ay have on each of these species. More details on current population trends, field survey results and how the potential im pacts w ere identified for each species is included in appendix 3.

9.3 Table 6 divides the potential im pacts into those affecting species that occur in the estuarine habitats and im pacts affecting species recorded using the terrestrial habitats. The im pacts in the estuarine habitats are further divided into im pacts in the Queenborough area (i.e. affecting birds recorded on the inter-tidal areas adjacent to the area covered by the Masterplan) and potential im pacts w ithin the w ider estuary. Im pacts in the w ider estuary w ould prim arily be linked to an adverse im pact caused by increases in boat traffic as a result of the developm ent of the 148 berth m arina.

9.4 Table 6 gives only a broad indication of likely im pacts, and does not differentiate betw een types of im pacts identified. For exam ple it is recognised that increased activity levels along the shoreline at Queenborough w ill vary considerably throughout construction and post- construction. Also different types of activity w ill have different im pacts on bird populations; for exam ple the im pacts of an increase in bait-digging in inter-tidal areas as a result of this project could have a far greater im pact than an increase in the num ber of w alkers along the sea w all.

9.5 A sim ilar exercise w as undertaken for breeding birds and the results are show n in Table 7.

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Ram sar invertebrates

9.6 O nly one species listed in the Ram sar inform ation sheet for the Medw ay Estuary and Marshes w as recorded during surveys of the grazing m arshes to the south of the Masterplan area. Philonthus punctus, a rove beetle, w as noted during surveys of this area. This species is found prim arily in riparian zones, w ith m ost records com ing from coastal m arshes or edges of salt m arshes. It has been recorded in litter and m ud am ongst sea club- rush in brackish ditches, dykes and saline pools. It is considered changes to lighting levels, hydrology or habitat loss or dam age as a result of the Masterplan proposals all have the potential to adversely im pact on this species.

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Table 6: Potential im pacts on species and habitats

Species Tim e Estuarine habitat present Disturbance to Disturbance to roosting Increased Increased levels of Increase levels of Hydrological im pacts w ith SPA feeding birds birds activity along lighting noise shoreline Bew ick’s sw an No im pacts No im pacts No im pacts No im pacts No im pacts No im pacts Brent geese O ct-May Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - - Shelduck O ct - Apr Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - W igeon Sept - Apr Medw ay only Medw ay only No im pacts No im pacts No im pacts No im pacts Teal Sept - Apr Medw ay only Medw ay only No im pacts No im pacts No im pacts No im pacts Pintail Sept - Apr Medw ay only Medw ay only No im pacts No im pacts No im pacts No im pacts Shoveler O ct - Jan Medw ay only Medw ay only No im pacts No im pacts No im pacts No im pacts O ystercatcher Aug - Apr Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - - Avocet Aug - Mar Medw ay and Medw ay and Queenborough Queenborough area Queenborough area Queenborough area Queenborough area Queenborough area area - Ringed plover Sept - May Medw ay and Medw ay and Queenborough Queenborough area Queenborough area Queenborough area Queenborough area Queenborough area area - - G rey plover Sept - May Medw ay and Medw ay and Queenborough Queenborough area Queenborough area Queenborough area Queenborough area Queenborough area area - - Knot Sept - Mar Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - -

Dunlin Sept - Mar Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - -

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Black-tailed Aug – Mar Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area godw it Queenborough area Queenborough area area area - - Curlew O ct – Mar Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - - G reenshank Sept – O ct Medw ay only Medw ay only No im pacts No im pacts No im pacts No im pacts Redshank Aug – Apr Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - - Turnstone Sept - Mar Medw ay and Medw ay and Queenborough Queenborough Queenborough area Queenborough area Queenborough area Queenborough area area area - - - Non - estuarine habitat Disturbance to Increased activity around Increased levels Increase levels of Hydrological im pacts feeding or roosting grazing m arshes of lighting noise birds W igeon Sept - Apr Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns Teal Sept - Apr Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns Shoveler O ct - Jan Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns O yster catcher Aug - Apr Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns Curlew O ct – Mar Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns Redshank Aug – Apr Grazing m arsh south of Disturbance of birds and Alteration of Alteration of useage Deterioration in quality of habitat Masterplan area alteration of useage patterns useage patterns patterns

Queenborough area: For the purposes of this assessm ent this is taken to be the area of inter tidal habitat covered by Rum m ey Environm ental Lim ited w intering bird counts (see Figure 2) M edw ay: For the purposes of this assessm ent this is taken to be the rem aining area w ithin the SPA one the Queenborough area has been excluded (see Figure 2)

G razing m arsh: For the purposes of this assessm ent this is taken to be the land w ithin sectors B, C, D, E, F, G , H, I, J covered by Rum m ey Environm ental Lim ited w intering bird counts, the Queenborough area and brow n field land in sector A has been excluded (see Figure 2)

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Table 7: Potential im pacts of the project on breeding bird populations of European im portance

Estuarine habitat Tim e present w ith SPA Disturbance to Increased Increased Increase levels of Hydrological im pacts Species breeding birds activity levels of noise along lighting shoreline Little tern April – August Medw ay and Sw ale No im pacts No im pacts No im pacts No im pacts M editerranean March - July Medw ay and Sw ale No im pacts No im pacts No im pacts No im pacts gull Avocet March - July Medw ay and Sw ale No im pacts No im pacts No im pacts No im pacts Com m on tern April – August Medw ay only No im pacts No im pacts No im pacts No im pacts Sandw ich tern March – August Medw ay only No im pacts No im pacts No im pacts No im pacts

Disturbance to Increased levels of Increased levels of Hydrological im pacts breeding birds lighting/noise recreational use M arsh harrier March - Septem ber Grazing m arsh south Alteration of useage Grazing m arsh south of Deterioration in quality of Masterplan area patterns Masterplan area of habitat Avocet March -July Grazing m arsh south Alteration of useage Grazing m arsh south of Deterioration in quality of Masterplan area patterns Masterplan area of habitat Pochard May – July Joan Fleet area No im pact Joan Fleet area Deterioration in quality of habitat M allard February - August Grazing m arsh south Alteration of useage Grazing m arsh south of Deterioration in quality of Masterplan area patterns Masterplan area of habitat Grazing m arsh south Alteration of useage Grazing m arsh south of Deterioration in quality Lapw ing March -July of Masterplan area patterns Masterplan area of habitat

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10.0 ASSESSM ENT O F THE PO TENTIAL IM PACTS O N INTEREST FEATURES O F THE EURO PEAN SITES IDENTIFIED IN TABLES 6 & 7

Im pacts of boating traffic w ithin the M edw ay and Sw ale on breeding and w intering birds - Baseline situation

10.1 A report com m issioned by SEEDA and prepared by British Waterw ays looked at various options for a m arina developm ent w ithin the Masterplan area (see Appendix 8). O ption 2 w as chosen as the preferred option and is described in section 4. This study also prepared baseline inform ation on the num bers of boat m oorings and m arina berths already w ithin the Medw ay and Sw ale Estuaries. Table 8 provides a breakdow n of occupancy rates and num bers of pow erboats for m arinas w ithin the region.

Table 8: Berth occupancy and num bers of pow erboats at various m arinas in south- east England

Num ber of M arina No of berths O ccupancy Pow erboats boats Gillingham Locked basin 100% 500 324 45% (Medw ay) Tidal 20% Chatham 300 Unknow n 300 40% (Medw ay) Hoo 125 Unknow n 125 30% (Medw ay) St Katherine’s (Tham es 160 70-80% 128 50% Estuary) Royal Harbour Marine 700 75% 525 Unknow n (Ram sgate) Poplar (Tham es 92 100% 92 90% Estuary) 88% (average of Total 1,877 highest occupancy 1,494 rates excluding tidal) Source: Queenborough/Rushenden Regeneration. Marina O ptions Appraisal (2006) British Waterw ays London (Unpublished report)

10.2 The findings show that there are currently 925 berths at m arinas w ithin the Medw ay Estuary. The occupancy rates of the tidal berths at Gillingham w ould suggest these are not subject to high levels of dem and by boat ow ners. It is likely therefore that the creation of pontoon berths in Queenborough m arina w ill lead to som e local re-distribution of boats w ithin the Medw ay as ow ners m ove betw een m arinas to take advantage of better facilities.

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10.3 O verall throughout the Medw ay and Sw ale Estuaries the study recorded nearly 4,000 leisure berths (2,505 m oorings and 1,385 pontoon berths). Boat ow ners do not favour m any of these existing m oorings, for exam ple, half tide pontoons in both the Sw ale and Medw ay have occupancy rates in the region of 20%.

10.4 It is clear from the w ork undertaken by British Waterw ays that the num ber of berths available do not equate to the num ber of sailing vessels w ithin the area. To date no form al surveys have been undertaken to m onitor the num ber and types of vessels using the Medw ay and Sw ale. Therefore, to establish an approxim ate estim ate of current boat num bers, an assessm ent w as undertaken (using im ages from Google Earth taken in 2008) of boats w ithin the Medw ay and Sw ale estuaries. Table 9 show s the findings of this w ork for the Medw ay Estuary:

Table 9: Boat num bers w ithin the M edw ay during 2008

Area of estuary Num ber of boats Boats on Medw ay 383 Boats on Medw ay north river bank and north bank harbours 339 Boats on Medw ay south river bank and south bank harbours 754 Boats in river to w est of Sw ale, off south of Medw ay 93 Boats on land north bank of Medw ay 739 Boats on land south bank of Medw ay 321 Total 2629 Source: Google Earth im ages (2008).

10.5 Using the figures from the British Waterw ay report, it w as assum ed vessels occupy all pontoon berths (as these appear to be the m ost favoured type of berth). This gives an occupancy rate of around 55% for the rem aining m oorings w ithin the Medw ay. Although the counts from aerial photographs do not allow for distinctions to be m ade betw een the origins of boats (and m ay therefore over-estim ate the num bers of boats m oored perm anently in the Medw ay) it is felt the figure of 2,629 boats m oored w ithin the Medw ay is sufficiently robust for assessm ent purposes.

Seasonal activity levels and areas of boating activity

10.6 There is already a high level of boating activity throughout the Medw ay Estuary, its accessibility is due to the relatively short distances from m arinas and m oorings to all parts of the estuary (depending on tidal states and draft of craft). The highest concentrations of leisure m ooring and m arinas are in the w estern-m ost parts of the Medw ay Estuary (The Medw ay Sw ale Estuary Partnership, 2004). How ever, m ost of the Estuary is accessible from these m oorings and m arinas and is used by a variety of different craft. Favoured locations

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for leisure boat activities appear to be in the Stangate Creek area and around St Mary’s Island, based on inform ation included in the Activity Atlas (The Medw ay Sw ale Estuary Partnership, 2004).

10.7 Rates of boating activity w ill vary throughout the year w ith higher levels of activity during the sum m er m onths. It is considered that activity w ill be concentrated around w eekends, w ith few er leisure trips taking place during the w eek. How ever, there is likely to be som e seasonal variations to this pattern w ith periods of school holidays and longer daylight hours in the sum m er m onths (m aking evening trips possible) extending opportunities for recreational activity beyond w eekends.

10.8 These assum ptions are supported by the Medw ay Yachting Association, w hich states in the Activity Atlas (The Medw ay Sw ale Estuary Partnership, 2004) that as m any as a quarter of its m em bers can be on the w ater at a w eekend (1,000 people). In surveys undertaken for the Activity Atlas in 2002/03 (Medw ay Sw ale Estuary Partnership, 2004) sailing clubs from the association held 76% of their events betw een April and August, w ith only 24% held betw een Septem ber and Decem ber. No sailing events w ere organised for the period January to March.

10.9 Surveys undertaken for the Activity Atlas recorded a w ide range of w ater-based activities during spring, sum m er and w inter during 2002/03. Table 10 show s the findings of these surveys evaluating activity levels on the Sw ale and Medw ay.

Table 10: Num bers of w ater based activities recorded w ith the M edw ay and Sw ale by season (2002/03)

Spring Sum m er W inter Activity (M ay-June) (August) (January) Wind-surfing 12 26 0 Row ing/sculling 9 4 0 Dinghies 11 89 5 Barges 2 4 1 Sail cruising 112 162 16 Jet skis 6 8 1 Water ski-ing 9 8 0 Sailing (racing) 24 4 1 Motor cruising 60 44 13 Speed boats 13 30 3 Total 258 379 40 Source: Activity Atlas (The Medw ay Sw ale Estuary Partnership, 2004)

10.10 This dem onstrates that the sum m er m onths are the peak tim e for w ater based activities in this area, w ith over half (56%) of all recorded activity occurring in this period. Activity levels

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w ere also high in the spring, w ith over a third (38%) of all recorded activities occurring during this tim e. Activity levels for all w ater-based activities w ere very low during the w inter m onths, only 6% of all recorded activity occurred in the w inter. No survey w ork w as undertaken during autum n.

10.11 These findings are further substantiated by survey w ork undertaken by the Medw ay Sw ale Estuary Partnership in early 2008 at seven locations around the Medw ay (unpublished inform ation provided by the Medw ay Sw ale Estuary Partnership). Counts of w aterfow l, alongside records of hum an activity, w ere m ade on seven occasions betw een January and March 2008. These surveys recorded boats on only one day (January 28th) in tw o locations (at Kingsnorth and at Horrid Hill) as show n on Figure 4. It should be noted that these surveys w ere undertaken on w eekdays that m ay have had an influence on levels of activity recorded as discussed above.

10.12 Figures derived from surveying boat m ovem ents at existing m arinas in the region suggest that 25% of boats w ould leave the m arina per w eek (British Waterw ays London, 2006). The British Waterw ays report assum es an occupancy rate of 90% of berths for the proposed m arina at Queenborough. This is very close to the average occupancy rate (88%) of the four existing m arinas in the area w here occupancy rates w ere available. This equates to 37 boat m ovem ents a w eek from the m arina. The British Waterw ay report predicts a 20:80 ratio of boats travelling east dow n the Sw ale to heading w est from Queenborough into the Medw ay or outer Tham es (seven dow n the Sw ale and 30 w est into the Medw ay/outer Tham es on average per w eek based on consultation w ith local m arina operators).

Existing boat m ovem ents along the Sw ale

10.13 The m ajority of the current boat traffic east along the Sw ale from Ladies Hole Point is com m ercial traffic bound for Ridham Docks or Grovehurst. Consultations w ith PRW Consulting Lim ited and Medw ay Ports Authority indicate that the potential for leisure craft to use the w estern Sw ale is lim ited by a num ber of factors described below .

10.14 The Medw ay Ports Authority does not enforce a speed lim it on vessels using the area betw een Ladies Hole Point and the Sw ale Crossing. This is part of a zoned approach to m anaging w ater-based activities that prom otes the use of this area by jet-skis and for w ater ski-ing. These activities are not perm itted by the m arine bye-law s east of the Sheppey Crossing or in the Queenborough area. The use of this area for these activities tends to discourage pleasure boats from using the w estern Sw ale.

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10.15 There is restricted opportunity to access the eastern Sw ale via the w estern Sw ale. East of Grovehurst the channel in the Sw ale is w ide but shallow . A culvert crossing here m eans there is only 1m -w ater depth at low w ater. The average draft of a boat likely to use the m arina w ould be 1.5m . The presence of this culvert m eans that a boat (w ith a 1.5m draft) leaving Queenborough and travelled east dow n the Sw ale, w ould, by the tim e it reached the culvert at Grovehurst, have insufficient w ater depth to allow it to pass until the next high w ater. Although it is possible to navigate along the Sw ale, the factors described above m ean that it is not a popular route for sailors.

10.16 These findings are supported by the 2002/03 recreational surveys (taken from the Activity Atlas), w hich show that activity w est of Grovehurst by leisure craft is far low er than activity in the Sw ale east of Grovehurst. Table 11 show s the findings of the 2002/03 recreational survey.

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Table 11: A com parison of w ater-based activities in the w estern and eastern Sw ale (2002/2003)

Luddenham G ut to Faversham East Sw ale M urston to Conyer Conyer to Luddenham G ut Creek Total Spring Sum m er Autum n Spring Sum m er Autum n Spring Sum m er Autum n Sail cruising 3 2 - 4 4 3 13 14 4 47 Pow er cruising - 2 - - 1 - 4 3 1 11 Boat angling - 2 - - 2 - - 2 - 6 Speedboat - - - - 1 - - 1 - 2 Water skiing - - - - 1 - - - - 1 Sail racing ------9 - 9 Barges ------2 - - 2 Row ing/sculling ------1 1 - 2 Dinghy ------5 - 5 3 6 0 4 9 3 20 35 5 85

W est Sw ale Queenborough to Ridham Dock Ridham Dock to Milton Creek Sail cruising - 1 - - - 1 Pow er cruising 1 - - - - 1 Speedboat 1 2 No 1 - - 4 Water skiing 2 - survey - - - 2 Barges - 1 - - - 1 Jet ski 1 - - - - 1 Total 5 4 1 - - 10

Inform ation taken from Activity Atlas (The Medw ay Sw ale Estuary Partnership, 2004)

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10.17 It is considered therefore that the im pacts of boat traffic along the Sw ale w ill be negligible as a result of these proposals, because the potential for leisure craft use is severely restricted. No further consideration of im pacts is therefore required. It is concluded that the operation of the m arina w ill not significantly increase boat traffic along the Sw ale and the Masterplan proposals and therefore w ill not have any adverse im pacts on breeding or w intering birds using the European site.

Predicted im pacts of m arina developm ent on interest features of the M edw ay Estuary and M arshes SPA/Ram sar

10.18 The creation of an additional 148 berths for vessels up to 15m in length w ithin Queenborough w ould represent an increase of 5.6% on the total num ber of boats w ithin the Medw ay if new boat ow ners attracted to the area occupied all berths. How ever, existing m arina operators in the Medw ay predict that any new m arina m oorings created at Queenborough w ill be filled by a m ix of continental cruisers, existing craft relocated from other areas of the Tham es, Sw ale and Medw ay, and som e new boats. It is unlikely, therefore, that the m arina w ill be occupied by 148 additional craft. Given the m ix of boats predicted to occupy the m arina the increase in total num bers m oored on the Medw ay w ill be below the m axim um increase of 5.6% w ere new boats to occupy all additional berths.

10.19 Table 10 show s that m ost of the boating activity (indeed all w ater based activities) takes place during the spring and sum m er on the Medw ay. Patterns of usage for the proposed 148 berth m arina at Queenborough w ill alm ost certainly show a sim ilar trend: a higher proportion of boats w ill be entering and leaving the m arina during the spring and sum m er, com pared to the w inter m onths. Given the locking system proposed for the m arina, the num bers able to enter and exit during the period the m arina w ill be operational is controlled and lim ited. It is predicted a m axim um of 56 boats w ill be able to leave the m arina on spring tides and 64 boats on neap tides during a single high tide.

10.20 This figure is a theoretical m axim um num ber of boats that can leave the m arina in any one high tide. It does not allow for the obstruction presented by boats entering the m arina during the high tide period. The channel w idth w ill be insufficient to allow boats to pass so boats w ishing to leave w ill have to w ait until boats entering channel and the m arina have navigated the channel. A one-w ay lock m ovem ent has the potential to halve the num bers of boats that can leave per tide.

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10.21 The m axim um potential m ovem ents predicted are far higher than those considered typical of those m arinas covered in the British Waterw ays report (25% of boats leaving the m arina per w eek). Use of this figure (25%0 w ould give a typical w eekly m ovem ent of 37 boats from the Queenborough m arina (or around five boats a day). The data presented above and w ithin Appendix 8 indicates that a figure of 37 boat m ovem ents a w eek w ould be a realistic scenario and this figure is used for the assessm ent of potential im pacts. It is considered there is the potential for the m arina developm ent to have an im pact on the breeding bird colonies w ithin the Medw ay Estuary and Marshes SPA.

10.22 Whilst it is considered that the evidence review ed in this section is robust for a Habitat Regulations assessm ent of the m arina proposals at the current tim e, it w ill be necessary to check the conclusions of this assessm ent against new baseline data if a significant period of tim e elapses betw een the adoption of the Masterplan and the subm ission of a detailed application for the m arina. If a detailed planning application for the m arina does not follow w ithin 6 m onths of adoption of the Masterplan, additional surveys of the spatial and tem poral distribution of boat traffic in both the w estern Sw ale and the Medw ay should be required, to ensure that the conclusions of this Habitat Regulations assessm ent rem ain valid.

Recom m endation 1. If a period of 6 months or more elapses or new data on recreational boating on the Medway is published, between the adoption of the Masterplan and the submission of a detailed planning application for the marina, a survey of existing levels of boat traffic within the western Swale and the Medway will be undertaken and its findings reviewed to ensure that the conclusions of this Habitat Regulations assessment remain valid. If the outcome of this review determines there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan

Assessm ent of im pacts of disturbance by boat traffic on breeding birds w ithin the M edw ay Estuary and M arshes SPA/Ram sar

10.23 The m ajority of breeding gulls and terns of all species w ithin the Medw ay Estuary and Marshes SPA/Ram sar use salt m arsh islands to nest on, w ith Burntw ick Island particularly favoured. This lim its the accessibility of breeding colonies to people w ith access to boats or other w atercraft. The potential for increased boating activity, resulting from m arina developm ent, to im pact on breeding bird populations w ithin the SPA w as considered likely w hen the Chatham Basin 3 developm ent w as granted planning perm ission.

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10.24 A Medw ay Wildlife Ranger Service w as required (secured through a Section 106 agreem ent) for the Chatham developm ent. This required patrols to be undertaken in the Stangate Creek and Stake Marshes area at w eekends during the sum m er m onths. These patrols ran from 2001 until 2007. Although detailed inform ation from the patrols is difficult to obtain, a synopsis of the patrol findings w as provided by PRW Consulting Lim ited. The patrols recorded little evidence of people going ashore from the very few boats m oored in Stangate Creek; m ost recorded traffic w as associated w ith regattas or visiting sailing club m eetings. The Activity Atlas notes tw o landings by boats taking place in 2002 (Medw ay Sw ale Estuary Partnership, 2004). Table 12 gives a sum m ary of the num bers of boats recorded during the patrols.

Table 12: Details of patrols undertaken by M edw ay W ildlife Ranger Service 2001-2007

No. of patrol Hours No. of boats No. of landings Boats per Year days patrolled recorded recorded hour patrolled 2001 15 30 195 0 6.5 boats/hr 2002 27 30 615 2 20.5 boats/hr 2003 30 40 264 0 6.6 boats/hr 2004 27 40 - - - 2005 26 50 534 0 10.68 boats/hr 2006 42 - 747 0 - 2007 22 - 263 0 - Average 27 38 436 11.4 boats/hr

10.25 The concern w as that the Chatham m arina proposals m ay lead to an increase in the num bers of leisure craft using this area and this m ay have an adverse im pact on the breeding bird colonies of this area. The evidence show n above w ould indicate that in this case these concerns w ere not justified and there is little evidence to indicate that occupants of boats attem pted to access the salt m arsh islands used by birds in this area.

10.26 The predicted 37 boat m ovem ents a w eek from the proposed m arina at Queenborough (see paragraph 10.12) suggest m ost w ould be tow ards the Medw ay Estuary or the outer Tham es. It is im possible to predict w here boats w ill go once they are w ithin the w ider Medw ay Estuary, m aking it difficult to assess if there w ill be any increase in boat traffic in the areas around im portant bird breeding areas as a result of these proposals. How ever it seem s reasonable to assum e that areas that are currently popular w ith sailors w ill prove equally attractive to people based at Queenborough (see paragraph 10.6).

10.27 Most of the breeding sea bird species on the Medw ay are increasing (see Table 4) at the current tim e and this w ould suggest that current levels of boating activity are not having an adverse im pact on these populations. The only species not currently increasing its

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population is little tern, and it is not considered that disturbance is a factor influencing the poor breeding success of this species in the Medw ay (G. Allison (RSPB), pers comm).

10.28 The 37 additional boats (see paragraph 10.22) that w ould leave the Queenborough m arina per w eek are considered to be m inim al com pared to the current baseline situation. If the figure of 25% of boats leaving m arinas per w eek (see paragraph 10.12) is applied to all m oorings in the Medw ay there are already potentially 657 boat m ovem ents per w eek w ithin the Medw ay Estuary. Given the predictions on the likely destinations of boats leaving the proposed m arina (see paragraph 10.12) and the likelihood m any boat ow ners w ill relocate to the m arina from existing m oorings in the locale (see paragraph 10.2) it is reasonable to assum e the net additional to existing levels of boat traffic w ithin the Medw ay Estuary w ill be low er than the figures used for this assessm ent.

10.29 Given the size of the estuary, the im pact of boat m ovem ents w ill be dissipated as ow ners travel to different areas depending on personal preferences, type of craft, tide heights and w eather conditions. Although there is likely to be occasionally a sm all increase at tim es in the num bers of boats m oored in m ore popular areas, there is no evidence to suggest that this w ill cause any disturbance to breeding birds.

10.30 No substantive evidence can be found to suggest that boat traffic in the Medw ay is causing disturbance to breeding birds w ithin the European site. Those areas popular as destinations for boats such as Stangate Creek, are closest to the m ain breeding colonies of terns and gulls in the Medw ay. The populations of the m ajority of these are increasing at the current tim e (see Table 4), an unlikely scenario if significant disturbance of breeding areas w as occurring. As a result, no adverse im pacts on the breeding populations of little tern, com m on tern, sandw ich tern and Mediterranean gull are predicted as a result of the proposed m arina at Queenborough.

10.31 The findings of the Medw ay Wildlife Ranger patrols show that as w ell as no regular landings on, or attem pts to access salt m arsh islands, there is no evidence of boat occupants attem pting to land at Chetney Marshes. This area supports breeding avocet and there is no public landside access. Access to this area via boats m oored in Stangate Creek could lead to disturbance of this breeding population, but there is no evidence to suggest this is occurring and therefore it is concluded that the m arina developm ent at Queenborough w ill not have any adverse im pacts on breeding avocet.

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10.32 Despite the conclusion draw n above, it is good practice to alert m arina users to the approxim ate locations of im portant breeding bird colonies w ithin the Medw ay and highlight the potential for seem ingly innocuous activities to cause disturbance to these birds. This should be done by the production of a leaflet outlining key areas and a sim ple set of rules to avoid disturbance to these areas. This inform ation w ould be displayed around the m arina and w ould also be given to all boat ow ners berthing vessels at Queenborough betw een the beginning of April and end of August.

Recom m endation 2. Prior to the marina becoming operational a leaflet will be produced detailing those areas of the Medway known to hold important breeding bird colonies and high tide wader roosts. A series of recommendations to avoid disturbance will be included in the leaflet. This information will be displayed at the marina and given to all boats berthed at the marina.

Assessm ent of im pacts of disturbance by boat traffic on w intering birds w ithin the M edw ay and Estuary M arshes SPA/Ram sar

10.33 Table 10 show s that levels of w ater-based recreation in the Medw ay estuary and the Sw ale during the w inter are low er com pared to the period May to August. This is possibly due to the generally poorer w eather conditions and reduced daylight hours over the w inter period. Given that only 6% of w ater based activities w ere recorded during the w inter, the levels of boating activity from the Queenborough m arina over this period is likely to be below the 25% figure (37 boats leaving proposed m arina per w eek) given in the British Waterw ays Report (see paragraph 10.22)

10.34 The m arina w ill only operate during daylight hours over the w inter period (O ctober – March) and this w ill lim it the num ber of boats that can leave the m arina per day. This, in addition to the restricted operational w indow of the m arina (see paragraphs 13.5 to 13.7), w ill m ean large areas of inter-tidal habitat w ill be covered during the first hour of m arina operations on a rising tide (see figure 5) reducing the likelihood of disturbance to birds feeding on the inter-tidal areas. Studies undertaken on the Stour and O rw ell estuaries found that w aterfow l w ere m ore sensitive to disturbance by boats on a rising tide (Ravenscroft et al, 2007).

10.35 During the first hour of operation on a rising tide a m axim um of eight boats could leave the m arina. Depending on the tide (spring or neap) the tide w ill have risen by betw een 40 and 70cm during the first hour of operation and by 70 – 140cm during the second hour of

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operation. Across the Medw ay large areas of inter-tidal habitat w ill have been inundated by the tide during these tw o hours, and areas of inter-tidal habitat still exposed w ill not be accessible to boats (w ith a draft of 1.5m ) due to the shallow ness of the recently inundated inter-tidal areas.

10.36 The w ork undertaken by Ravenscroft et al (2007) also found that in areas w here there w as a high level of boating or sailing activity, disturbance events associated w ith these activities w ere low er com pared to areas w here these activities w ere m ore infrequent (see paragraph 13.3). The levels of boating and sailing activity in the Medw ay, allow ing for a seasonal reduction in activity over the w inter, is already likely to be at a level w here birds w ill be habituated to boating activities.

10.37 The developm ent of a m arina at Queenborough w ill not have a significant im pact on w intering birds w ithin the Medw ay Estuary and Marshes SPA/Ram sar. Boat activities are predicted to be generally low er during the key w inter period (O ctober to March), w ith operational restrictions in force at the m arina further reducing the opportunities to access the estuary. Large areas of inter-tidal habitat w ithin the estuary w ill have been inundated by the tim e any large num bers of boats have left the m arina, and exposed areas w ill not be accessible to boats due to the shallow ness of the w ater surrounding these areas. It has already been dem onstrated above that landing on salt m arsh islands at high w ater is not a regular occurrence in the sum m er; it is considered that sim ilar trends w ill apply during the w inter m onths.

10.38 Although boat activity has been suggested as a cause of a decline in the num bers of w aterfow l using the Medw ay Estuary and Marshes SPA/Ram sar, the establishm ent of a causal link betw een declines in the bird populations and increases in boating activity has not been m ade. This association has been draw n due to the rapid declines in w aterfow l num bers recorded in WeBS count sectors in the south-w estern Medw ay, an area w here m ost m arinas and m oorings are located but there is no direct evidence to substantiate this.

10.39 Survey data of boating activity show s that during the w inter m onths w hen the w intering bird populations are at their highest, boating activity is at it’s low est. Conversely w hen boating activity is at its highest (during the sum m er m onths) and popular destinations are close to breeding colonies little evidence of disturbance is recorded and breeding populations of SPA species are increasing (w ith the exception of little tern).

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10.40 O ther factors that m ay be leading to a decline in num bers of birds using the Medw ay Estuary and Marshes SPA/Ram sar during the w inter such as eroding salt m arshes (w hich function as high tide roosts) are potentially m ore significant. Salt m arsh loss in the Medw ay Estuary betw een 1973 and 1988 w as nearly 200ha. Clearly rates of loss of this m agnitude w ill im pact on the ecological integrity of a site. O ther potential factors include a proliferation of algal m ats degrading inter-tidal habitat and increased levels of Spartina in salt m arsh com m unities. The loss of habitat due to the developm ent of Lappel Bank could also have had an im pact on bird populations w ithin the European site.

10.41 The loss of 22ha of inter-tidal m udflats adjacent to the port of Sheerness in 1994/95 resulted in lost feeding areas for shelduck, oystercatcher, ringed plover, dunlin, curlew , redshank and turnstone. All these species w ere know n to occur at Lappel Bank in higher densities than the estuary as a w hole before it’s loss. It is also notable that all these species have suffered declines in their populations since the tim e the site w as designated (Field et al, 1998).

10.42 General population trends at a regional and national level m ay also be prim ary drivers in fluctuations in populations of certain species of w aterfow l w ithin the Medw ay Estuary and Marshes SPA/Ram sar. Evidence presented in appendix 5 show s that declines in the populations of som e w aterfow l at a national level is m irrored by corresponding increases in num bers in birds w intering further east in Europe such as w igeon, grey plover and dunlin. In these cases, factors far beyond the scope of this docum ent m ay be affecting spatial and tem poral distributions w ithin these European sites.

10.43 The Habitat Regulations enshrine the principle of a precautionary approach to assessing im pacts on European sites. Where populations of European im portance are declining, as w ithin the Medw ay Estuary and Marshes SPA/Ram sar, it is critical to ensure that best available know ledge is used to evaluate potential im pacts, as the further stresses on a declining population are likely to com pound the rate and scale of any further declines.

10.44 Whilst it is considered, on the evidence available at the current tim e, that the developm ent of the proposed m arina w ill not have an adverse im pact on bird populations of the European sites, it is recom m ended that a program of survey and m onitoring be instigate to gather further inform ation on recreational boating activity and disturbance w ithin the Medw ay Estuary and Marshes SPA/Ram sar.

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10.45 It is concluded that the m arina developm ent w ill not have an adverse im pact on w intering birds from the European site due to increased levels of boating activity w ithin the w ider estuary. How ever, as w ith breeding birds, it is considered necessary to confirm the validity of the assum ptions used in this assessm ent. The surveys proposed in recom m endation 1 should cover both the w inter and breeding seasons and the steps outlined in recom m endation 2 should also cover these periods.

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11.0 ASSESSM ENT O F IM PACTS RELATED TO CREATIO N O F NEW CHANNEL LINKING QUEENBO RO UG H CREEK TO M ARINA O N INTEREST FEATURES O F THE M ED W AY ESTUARY AND M ARSHES SPA/RAM SAR

11.1 The developm ent of the 148 berth m arina w ill require the creation of a sm all channel linking the existing Queenborough Creek to the m arina entrance. The location of the channel has been selected to ensure m inim al disturbance to inter-tidal areas occurs as a result of the developm ent of this channel. The total length of the new channel w ill be 20m , w ith a m axim um w idth of 10m .

11.2 The new channel w ill be developed by creating a sm all cut to direct w ater from the m arina gates to the existing Queenborough Channel. O nce created this cut w ill be flushed w ith w ater stored in the m arina at each low tide until a channel of sufficient w idth and depth has been created to allow boats w ith a draft of up to 2.5m access to the m arina over the high w ater period.

11.3 The developm ent of this creek could have im pacts on the European site in a num ber of w ays: release of contam inants during the creation of the channel; disturbance to over- w intering birds during the construction period; loss of habitat; and the potential for pollution incidents to occur if m achines are operating on the foreshore. A series of m itigation m easures w ill be required to ensure the proposals do not have an adverse im pact on the Medw ay Estuary and Marshes SPA/Ram sar.

11.4 Given the historic land uses associated w ith the Queenborough area, it is considered possible that the sedim ents that com prise the inter-tidal habitats could be contam inated. Any w orks that disturb these contam inants could result in their release into the European site w here they could affect interest features directly or enter the food chain. To prevent this happening the follow ing m easures should be adopted:

Recom m endations 3. A detailed contamination survey of the sediments along the route of the channel and an associated risk assessment will be undertaken in advance of the marina application. If it is found that there are no or insufficient measures to mitigate the adverse effect and no alternatives can be identified, then this element will need to be removed from the Masterplan.

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4. Sediments will not be removed from the estuarine system during the creation of the channel unless contaminated. The timing of the flushing to create the new channel will be agreed with Environment Agency prior to consenting the application.

11.5 The creation of the channel w ill require the use of m achines in this area of the foreshore, as w ill any associated w orks linking the channel to the m arina entrance. There is the potential for pollution incidents to occur through leaks of hydraulic fluids, oils or fuels. To prevent any im pacts occurring on the Medw ay Estuary and Marshes SPA/Ram sar the follow ing m easures w ill need to be adopted.

Recom m endation 5. Full details of the methods of working on the inter-tidal areas will be provided in a Construction Environmental Management Plan. Agreement on the adequacy of this document to prevent impacts on the European site with Natural England will be required prior to consenting the marina application. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan.

11.6 The assessm ent of baseline data has identified uses of the inter-tidal areas adjacent to Queenborough by 13 species identified as interest features of the Medw ay Estuary and Marshes SPA (see section 5). O ver 1% of the m ean SPA population for all these species (except w igeon) w as regularly recorded feeding in this area (see figure 2). With the exception of turnstone and redshank, none of these species w ere recorded in significant num bers in the inter-tidal zone during the high w ater period (see tables 13 - 15).

11.7 The presence of m achine or w orkers undertaking construction w ork on, or close to, the inter-tidal areas has the potential to cause disturbance to w intering birds feeding on the inter-tidal areas at Queenborough. Given the problem s discussed earlier in assessing the im pacts disturbance has on populations of over-w intering w aterfow l and their differing responses to disturbance events depending on a w ide range of factors, it is considered that, to ensure disturbance does not occur, all w orks w ill have to be restricted to tim es w hen the m ajority of these birds are absent.

Recom m endation 6. W ork associated with the marina that requires access to the inter-tidal areas will only be carried out between end of April and end of August.

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12.0 IM PACTS O F LO SS O F HABITAT ASSO CIATED W ITH D EVELO PM ENT O F CHANNEL FRO M M ARINA TO QUEENBO RO UG H CREEK

12.1 The creation of a new channel linking the m arina to the existing Queenborough Creek w ill alter the nature of the inter-tidal habitats in this zone. Potentially resulting in loss of foraging habitat for w aterfow l in this area.

12.2 The approxim ate location identified for the new channel is in the low est lying part of the inter-tidal zone (less than 2.9 m etres above chart datum ). This m eans that these areas are likely to be available to feeding birds for only very short periods com pared to the rest of the inter-tidal zone. The survey collected by Rum m ey Environm ental Lim ited dem onstrates that m ost of the birds utilising the inter-tidal areas are present by m id-tide w hen the area identified for the channel w ill still be covered. Tables 13 – 15 show the counts m ade at low , m id and high tides.

Table 13: SPA/Ram sar species recorded at low tide on the inter-tidal zone at Queenborough

Species Designated 5yr peak Change Survey Survey Survey pop. (m ean) (% ) peak (m ax) peak (m ean) m ean as % of 5yr m ean peak Black-tailed godw it 957 1120 17.03 64.7 164 5.78 Brent geese 3205 1515 -52.73 12.7 42 0.84 Dunlin 25936 7451 -71.27 116.8 570 1.57 Grey plover 3406 1157 -66.03 10.7 28 0.92 Redshank 3690 1405 -61.92 88.1 124 6.27 Ringed plover 768 342 -55.47 10.7 32 3.13 Shelduck 4465 2063 -53.8 61.3 164 2.97 Avocet 314 1027 227.07 9.1 21 0.89 Wigeon 4346 2203 -49.31 0.2 2 - Turnstone 561 342 -30.04 10.1 20 2.95 Knot 541 3159 483.92 115 320 3.64 O ystercatcher 3672 2455 -33.14 29.6 41 1.2 Curlew 1900 1050 -44.74 19.22 24 1.8

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Table 14: SPA/Ram sar species recorded at m id tide on the inter-tidal zone at Queenborough

% of D esignated 5yr Species pop. 5yr peak Change Survey Survey m ean (m ean) (% ) (m ean) (m ax) Black-tailed godw it 957 1120 17.03 65 168 5.8 Brent geese 3205 1515 -52.73 20.7 47 1.37 Dunlin 25936 7451 -71.27 257.7 803 3.5 Grey plover 3406 1157 -66.03 17.5 25 1.5 Redshank 3690 1405 -61.92 91 126 6.5 Ringed plover 768 342 -55.47 29.7 60 8.7 Shelduck 4465 2063 -53.8 50.5 114 2.45 Avocet 314 1027 227.07 19.2 28 1.9 Turnstone 561 342 -30.04 21.6 48 6.32 Knot 541 3159 483.92 94.4 233 2.99 O ystercatcher 3672 2455 -33.14 29.4 41 1.2 Curlew 1900 1050 -44.74 16.7 22 1.6

Table 15: SPA/Ram sar species recorded at high tide on the inter-tidal zone at Queenborough

Species Designated 5yr peak Change Survey Survey Survey pop. (m ean) (% ) peak (m ax) peak (m ean) m ean as % of 5yr m ean peak Dunlin 25936 7451 -71.27 0.4 3 - Grey plover 3406 1157 -66.03 1.6 7 0.14 Redshank 3690 1405 -61.92 1.2 6 0.08 Ringed plover 768 342 -55.47 1.2 3 0.35 Shelduck 4465 2063 -53.8 12.5 37 0.6 Turnstone 561 342 -30.04 28.7 53 8.39 O ystercatcher 3672 2455 -33.14 1.3 4 0.05 Curlew 1900 1050 -44.74 0.3 1 0.03

12.3 The channel to the m arina w ill not be navigable to a boat w ith a 1.5m draft until the tide height is 3.3m over chart datum (O CD). The area identified for the channel w ould be inundated at this point in the absence of a channel, so the creation of a channel in this area is highly unlikely to result in significant changes in the extent of foraging habitat available for w aterfow l at Queenborough (Figures 5 and 6).

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12.4 Studies undertaken on the Tugas estuary in Portugal found that areas adjacent to drainage channels w ere highly preferred foraging sites for dunlin, redshank, knot, grey plover, black- tailed godw it and avocet. O ver 44% of the birds recorded foraging in the survey w ere w ithin the area 0-5m aw ay from the channels event although this represented only 12% of the total surface area of the three study sites. (Lourenco et al, 2005).

12.5 The sites studied in Portugal w ere all m eandering m uddy channels w ith a m edian w idth of 2.2m , a m edian depth of 0.46m and fairly steep banks. Water flow ed through the channels at low w ater covering a w idth of 0.7m of the channels w ith a m edian depth of 0.1m . The w ater flow ing through the channels w as saline.

12.6 The w ork also looked at invertebrate densities and biom ass in proxim ity to channels and found that these w ere greater in these areas, particularly for Hediste diversicolor, Hydrobia ulvae and Scrobicularia plana. This is likely to be partly responsible for the increased num bers of birds recorded feeding on these areas at low w ater. Waders w ere not recorded foraging in the channels them selves during this study and w ere also noted to avoid the area w ithin 1m of the channel edge.

12.7 It is considered that the creation of a new channel to link the m arina entrance to Queenborough Creek w ill not have any adverse im pacts on w aterfow l utilising the inter- tidal areas. The area affected by the channel w ill be sm all 0.02ha com pared to the total extent of inter-tidal habitat in the vicinity 65ha. The channel w ill also not significantly change the characteristic of the area; it w ill rem ain one of the first areas to be inundated and the last areas to be exposed during the tidal cycle.

12.8 The study undertaken in Portugal indicates that this area m ay becom e m ore attractive to feeding w aders during the short period of exposure as a result of the developm ent of the channel. O verall though it is considered the proposal for the channel w ill have no adverse im pacts on w intering w aterfow l from the Medw ay Estuary and Marshes SPA/Ram sar.

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13.0 IM PACTS O F BO AT M O VEM ENTS AND D ISTURBANCE FRO M QUEENBO RO UG H M ARINA O N W INTERING BIRDS USING INTER-TID AL AREAS AT QUEENBO RO UG H W ITHIN THE M ED W AY ESTUARY AND M ARSHES SPA/RAM SAR

13.1 O nce operational the m arina at Queenborough w ill be m anaged by the instigated Queenborough Waterw ays Managem ent Board. The Queenborough Waterw ays Managem ent Board w ill also m anage the Creek and All Tide Landing to allow for a consistent m anagem ent approach for the area especially in term s of boat m ovem ents.

13.2 The m arina at Queenborough w ill be operational for approxim ately three and a half hours at either side of high w ater. This w ill vary to som e degree on the state of the tides w ith spring tides increasing the w indow of opportunity for access to the m arina, w hilst neap tides reduce the tim e available (see Table 16). In all cases a m inim um w ater depth of 3.3m w ill be required to allow boats w ith a draft of 1.5m to navigate the channel leading to the m arina.

Table 16: Total tim e Queenborough m arina w ill be accessible to boats depending on tidal state

Type of tide Low Tide High Tide Low Tide Speed of Tide W indow of (m ) (m ) (m ) M ovem ent opportunity (m /s) for access to m arina (above 3.3m O CD ) 0.0002m /s Spring 29th 0.51m at 5.88m at 0.97m at rising and Septem ber 7hrs 10 m ins 1816 0012 0619 0.0003 m /s 2008 falling Neap 8th 1.55m at 4.76m at 1.69m at Septem ber 0.0001m /s 8 hrs 2255 0517 1110 2008 Mid-tide 20th 0.96m at 5.79m at 0.98m at Septem ber 0.0002m /s 6 hrs 54 0919 1526 2141 2008 Source: O fficial Tide Table for the River Medw ay and Tham es Estuary 2008.

13.3 Studies undertaken on the Stour and O rw ell estuaries found that m otorboats w ere found to cause disturbance in proportion to rates of occurrence; sailing vessels rarely caused disturbance. Motor vessels caused tw ice as m uch disturbance at high tide than at low tide, w ith sailing vessels causing virtually no disturbance at either state of tide.

13.4 The findings of this study also suggested that birds w ere less sensitive to disturbance at busy sites, and in som e cases disturbance w as less w hen these events w ere m ore frequent (sailing vessels caused no disturbance w here m ore than 15 craft per w inter recorded). There

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w as no evidence to suggest that low er num bers of birds occurred at low tide w hen m otorboat activities w ere greater (Ravenscroft et al, 2007).

13.5 Sim ilar findings w ere reported after studies of the im pacts of disturbance on w intering black-tailed godw its in south-east England. This w ork found no link betw een num bers of godw its and hum an activity at either an estuary, m udflat or patch level. The distribution of black-tailed godw its across the estuary w as related to available bi-valve densities, and hum an activity did not influence this pattern of distribution. At all scales no evidence w as found that depletion rates at sites w ith higher levels of disturbance w ere low er than those at less disturbed sites. Significantly the study also found that there w as no effect due to the presence of either m arinas or footpaths on the num bers of godw its on the adjacent m udflats (Gill et al, 2001).

13.6 Figures 5 and 6 show that at the point w here there is sufficient w ater depth to allow boats to navigate the Queenborough Channel tow ards the m arina, extensive areas of inter-tidal habitat are still exposed. There is the potential therefore for increases in boat traffic along the channel to cause increased levels of disturbance to feeding w aders (the findings of w ork on the Stour and O rw ell estuaries w ould suggest that this is likely to be a particular issue on rising tides). The w ork undertaken in Portugal w ould also suggest that the densities of feeding w aders are likely to be higher along the edges of the creek, thus increasing the potential for disturbance to occur.

13.7 The m udflats in close proxim ity to the channel leading to the m arina w ill be exposed for less than one hour after the channel becom es navigable on spring tides (see figure 5). O n neap tides it w ill take less than tw o hours for an equivalent area to be inundated (see figure 6). At this point the m udflats w ill be covered by the rising tide and birds w ill no longer be present in this area. Therefore the potential for disturbance to occur is restricted to one hour on the rising and falling spring tides and less than 2 hours on rising and falling neap tides.

Table 17: Rates of inundation of inter-tidal areas at Queenborough on spring and neap tides

Tim e after the m inim um navigable tide level of Tim e taken Speed of 3.3m CD to reach 5.3m CD by w hich point all Tide to cover tide m ud is covered or the highest point of the tide m ud 1hr 2hr 3hr 4hr Spring 0.72m /hr 4.02 4.74 5.3 5.46 2hr 24m ins Neap 0.36m /hr 3.66 4.02 4.26 4.74 3hr 52m ins*

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* It takes 3hr 52 m ins to reach the highest point of the neap tide (4.7m CD) w hich is low er than 5.3m

13.8 The m arina w ill only operate during daylight hours during the core w inter m onths (O ctober – March) w hen the highest num bers of w aterfow l are likely to be present on the m udflats. This w ould m ean that boats w ould only be able to access/leave the m arina on average 20 days during a typical m onth.

13.9 There is evidence from som e studies to suggest that at low tides birds w ill habituate to disturbance from boats (see Ravenscroft and Gill). The channel w ill also have a speed lim it of four knots that w ill reduce the potential for disturbance to feeding birds caused by noisy engines or w ash. The path of the boats along the channel w ill be predictable and there is evidence to indicate that birds w ill be able to adapt behaviour to perceived threats in the light of experience. Therefore it is not considered that the boat m ovem ents to and from the m arina during the w inter m onths w ill have an adverse im pact on feeding w aders in this area. It is recom m ended m onitoring be undertaken to validate the conclusions of this section.

Recom m endation 7. If permission for a marina is granted, a planning condition will require one year of baseline monitoring (O ctober – March) to be undertaken, assessing wintering bird densities within 400m of the proposed marina lock and channel. A condition will also require monitoring of boat movements in the western Swale and Medway, with further survey work to be undertaken once the permanent berths within the marina are at 40% capacity. This monitoring will be undertaken by the instigated Q ueenborough W aterways Management Board in agreement with N atural England.

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14.0 IM PACTS O F D ISTURBANCE TO BIRDS FRO M THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR USING QUEENBO RO UG H FO RESHO RE AT HIG H W ATER AND QUEENBO RO UG H CREEK AT LO W W ATER.

14.1 Field surveys undertaken by Rum m ey Environm ental Lim ited during the w inter of 2005/06 recorded lim ited use of the foreshore at Queenborough by w aterfow l over the high tide period. O nly turnstone w as recorded in any significant num bers betw een Decem ber and early March, although other species w ere recorded: redshank, ringed plover, dunlin, oystercatcher and shelduck (see table 15). The num bers of these species w ere very low (typically betw een one to three birds) and occurrences sporadic, indicating that only turnstone use the foreshore on a regular basis at high w ater (see appendix 5 for full details).

14.2 The inform ation collected during the field surveys did not distinguish betw een feeding or roosting birds over the high w ater period. Studies of turnstones on the Isle of Thanet found that turnstones arrived at high w ater roosts approxim ately tw o and a half hours before high w ater (Tittley & Peckham , 2004). Mean num bers of turnstone w ere highest at Queenborough over high tide w ith the low est num bers recorded at low w ater. This w ould suggest that birds are using this area for feeding and roosting m ainly over the m id and high w ater periods.

14.3 Redshank w ere recorded on the upper reaches on the Queenborough Creek (Sector D) (see Figure 2). Counts of betw een 15 and 26 birds w ere consistently recorded betw een Novem ber and early March. It w as not recorded w hether or not the birds w ere feeding or roosting in this area during the surveys. To the north of this area is existing developm ent w ith the southern area identified in the Masterplan for high quality em ploym ent land.

14.4 Sm all num bers of redshank (typically betw een seven and 11 birds) w ere recorded feeding in Queenborough Creek at m id and low w ater over the w inter survey period. O ne or tw o turnstones w ere also recorded in this area at these tim es; no birds w ere recorded during the high w ater period along the Creek (see appendix 5). The northern shore of Queenborough Creek is currently a m ix of residential and m arine uses, w ith industrial activities taking place on the southern shore.

14.5 The Masterplan proposals could im pact on redshank feeding w ithin the Queenborough Creek or Sector D at low w ater (see figure 2). How ever, there is already a considerable degree of developm ent and disturbance along this Creek. The use of these areas by feeding

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redshank during the low w ater period w ould suggest that current disturbance levels are not significant enough to cause displacem ent.

14.6 The areas identified for inform al recreational activity in the Masterplan (see plan 3.6) along the Creek and Sector D (see figure 2) correspond to existing open areas. Birds using these areas are likely to be habituated to the presence of hum ans already. First Avenue Park, alongside Sector D, is also som e distance from the proposed developm ent, w hich w ill help to dissipate recreational im pacts from the additional dw ellings; as w ill the provision of open space to the south of the residential developm ent in Queenborough (Sw ale Park). It is considered that the im pacts on the birds using Sector D or Queenborough Creek as a result of the proposals w ill be m inim al and no m itigation m easures w ill be required.

14.7 Studies of turnstones on the Isle of Thanet found that birds frequently return to the area around roosts before high w ater if disturbed at m ore favoured feeding sites or if good feeding opportunities exist in close proxim ity to the roost site (Tittley & Peckham , 2004).

14.8 Issues of disturbance to birds feeding on the inter-tidal areas are covered in section 19 so this part of the assessm ent looks solely at potential disturbance of roosting turnstones as a result of the im plem entation of the Masterplan proposals. Studies of the Isle of Thanet have show n turnstones w ere less easily disturbed by hum an activities in single species roosts and tolerated hum ans at less than ten m etres at roosts in busy areas such as Margate slipw ay (Tittley & Peckham , 2004).

14.9 How ever it is considered that the significant increase in residential developm ent close to the inter-tidal area is likely to lead to higher levels of hum an activity over the high w ater period com pared to the current situation.

14.10 The studies on the Isle of Thanet found that the high w ater period w as the m ost critical for turnstones and they are m ost susceptible to disturbance at this tim e. Therefore the Masterplan proposals include an area of Queenborough Creek to be set-aside as a nature conservation area (see plan 3.16). This area w ill provide a safe roosting area for turnstone over the high w ater period, provided no public access is perm itted over the high w ater period.

Recom m endation 8. The nature conservation area along Q ueenborough Creek will be managed to ensure no public access is possible over the high tide period. The mitigation measures will require

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agreement with Natural England prior to consenting any applications with residential elements.

Recreational activity w ith the M edw ay Estuary and M arshes and the Sw ale SPA/Ram sar

14.11 Extensive surveys of patterns of recreational usage across both the European sites w as undertaken in 2004. This section looks at the potential for other activities around the shoreline of the European sites to im pact on the bird populations of European im portance.

14.12 The potential for disturbance, from various sources, has been raised as an area of concern by both Natural England and RSPB. The w arden of the North Kent Marshes noted that the three m ain activities of concern w ere m icro-lite activity, low -flying planes and jet-skis. He also noted that the area around Queenborough and Deadm an’s Island, as w ell as Stangate and Sharfleet Creek w ere m ost heavily used by pleasure craft (G Allison, pers comm.). The issue of m icro-lite activity from Stoke (on the Hoo peninsula) w as also highlighted by Natural England along w ith the presence of a w ater-skiing club w est of the A249 road bridge in the w estern Sw ale (S Hannah, pers comm.).

14.13 The Activity Atlas recorded levels of activity across the Sw ale and the Medw ay for a w ide variety of activities including dog w alking, w alking and jogging, cycling, general play and sitting. This w ork identified a num ber of key areas w here shore-based activities w ere concentrated. The beaches at Sheerness, Leysdow n-on-Sea and Minster w ere all am ongst the m ost popular locations for activities such as w alking, dog w alking and sitting (in cars, on benches or on the ground). These sites are all outside the boundary of the European sites and therefore use of these sites by the residents of the proposed Masterplan developm ent w ill not have an adverse im pact on the integrity of the European sites.

14.14 Within the Medw ay Estuary and Marshes SPA/Ram sar the m ost popular sites for shore- based recreational activities w ere St Mary’s Island (w alking, dog-w alking and jogging). Copperhouse Bay and Riverside Country Park w ere also used extensively, particularly for w alking and dog w alking. It is perhaps not surprising that the areas of shoreline closest to the large conurbations of Gillingham and Chatham are used at a relatively high level com pared to other areas around the Medw ay.

14.15 The only other area w here a significant level of recreational activity w as recorded w as betw een Ham Green and Tw inney, on the southern shore of the Medw ay. Walking w as the

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m ain activity in this area; no other substantial levels of recreational activity w ere recorded in this area.

14.16 Tw o areas w ith substantial levels of land-based recreational activity w ere identified close to the Sw ale SPA/Ram sar. The area betw een Seasalter and Graveney w as very popular particularly w ith w alkers, dog-w alkers, joggers and people sitting on the beach. Given the presence of shops, cafés and five caravanning and cam ping sites along this short stretch of coast it is not too surprising that a high level of recreational activity w as recorded.

14.17 The area to the w est of Graveney to Faversham w as also popular w ith w alkers and joggers. It is notew orthy that m any of the w alkers w ere seasonal farm labourers using the Saxon Way as a route betw een farm s at Graveney and shops at Faversham . Levels of recorded activity in w inter w ere m uch low er w hen w intering birds w ill be present along this stretch of the Sw ale.

14.18 The Masterplan proposals for 2,000 new dw ellings have the potential to lead to increased use of the shoreline around the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar. The evidence presented in the Activity Atlas indicates that despite a current population of 3,144 people, recreational activity in the Queenborough and Rushenden area is relatively lim ited. The presence of a significant proportion of the birds from the SPA flock on the inter-tidal areas adjacent to the Masterplan area (see tables 13-15) indicate levels of disturbance are not at levels that are causing displacem ent of feeding birds at low and m id tide.

14.19 As show n in paragraphs 14.14-14.17, levels of shore-based recreational activity is focussed in a num ber of areas on the Isle of Sheppey and w ithin the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar. The distance and drive tim e from the Masterplan area to those sites already know n to be popular from existing surveys is show n in table 18.

Table 18: D istance and drive tim es to popular sites around the M edw ay and Sw ale estuaries

D istance Drive tim e W ithin/adjacent to European Destination (m iles) (m inutes) site Riverside Country Park 13.5 24 Medw ay Estuary and Marshes St Mary’s Island 16.8 35 Medw ay Estuary and Marshes Sheerness 2.8 8 - Leysdow n-on-Sea 8.3 17 - Seasalter 27.2 35 The Sw ale Nagden (Faversham ) 25 33 The Sw ale

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14.20 It is considered that the residents of Queenborough and Rushenden w ill not undertake drive tim es in the region of 30 m inutes to sites on the southern shore of the Medw ay and Sw ale on a regular basis. More likely locations for frequent recreational activities w ould be Sheerness beach (less than 10 m inutes drive), or the im m ediate area around Queenborough.

14.21 In consultations w ith site m anagers from both Natural England and the RSPB, shore based disturbance has not been highlighted as a m ajor concern (see paragraph 14.12). The fact m any high tide roosts of w aders on the Medw ay Estuary and Marshes are located on offshore salt m arshes lim its the potential for disturbance of high tide roosts by shore-based activities. Sim ilarly on the Isle of Sheppey the m ost favoured sites for recreation are located outside the European sites so disturbance of high tide roosts w ithin the European sites is not a significant issue.

14.22 WeBS data show that w aders from the Sw ale SPA/Ram sar use the stretch of coastline from Nagden Marshes to Seasalter over the high tide period. The m ost significant roosts w ithin the Sw ale SPA/Ram sar are both situated on the northern bank of the Sw ale around Elm ley Marshes/Spitend Marshes and Shellness/Harty Marshes. With the exception of turnstone, the densities of other species roosting in this area curlew , dunlin, oystercatcher and redshank are all low . Whilst the eastern section of the Sw ale clearly holds the m ajority of the turnstone population at high w ater this species is not a designated feature of interest for the Sw ale SPA/Ram sar.

14.23 The Activity Atlas show s a clear relationship betw een season and levels of recreational activity around the Medw ay and Sw ale. Levels of recreational activity across a w ide range of activity w as m uch higher in sum m er than for corresponding sites in w inter including w alking, dog-w alking, cycling, sw im m ing and sitting on benches and ground. The only activities to show a clear increase in recorded levels during the w inter m onths w as bird- w atching (m ost of w hich w as concentrated at Elm ley Marshes). The reduction in all aspects of recreational activity (w ith the exception of bird-w atching) in w inter low ers the potential for recreational activity to cause disturbance to w intering birds w ithin the European sites.

14.24 Low -tide disturbance of feeding birds could occur w ithin the European sites. Walkers, dog- w alkers and joggers already heavily use the south-w estern shoreline of the Medw ay Estuary and Marshes SPA/Ram sar. Activity around St Mary’s Island is unlikely to have a significant im pact on birds w ithin the European site at low tide given the lim ited area of inter-tidal areas around this site. This rationale is confirm ed by WeBS low count data from 1996-97

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that recorded only recorded dunlin occurring in any num bers in this sector (a m ean count of 19). At the tim e this represented 0.07% of the dunlin flock w ithin the European site.

14.25 It is considered unlikely that shoreline recreational activity at Riverside Country Park is having a significant im pact on the bird populations of the European site at low w ater. The site is m anaged by Medw ay Council and covers 100ha including Motney Hill. The site provides a num bers of facilities attractive to visitors including a visitor’s centre, café, play areas and an events program m e. The site also has a full-tim e ranger service and visitor m anagem ent is presum ably one of their roles. Although m ore w intering birds occur in this area at low tide there is no substantive evidence at the present tim e to indicate shore-based recreational activity is having an adverse im pact on these populations. Given that the site is already heavily used and has a full-tim e ranger service, it is not envisaged that further grow th in the num bers of visitors to this site w ill im pact on birds from the European site at low tide.

14.26 The stretch of shoreline betw een Nagden Marshes and Seasalter is far less popular in the w inter than sum m er. Betw een Faversham and Graveney only levels of dog w alking w ere sim ilar betw een sum m er and w inter (probably local residents), w hilst the vast m ajority of other activities in this area took place in the sum m er. Sim ilar patterns w ere recorded from Graveney to Whitstable, w ith virtually all activities except dog-w alking and recreational w alking taking place during the sum m er m onths. Levels of dog-w alking and recreational w alking along this stretch of coast in the w inter are com parable to those recorded in the sum m er perhaps indicate high levels of use by local residents.

14.27 WeBS low tide data show s that num bers of w aders and w aterfow l are relatively low along this stretch of coastline. The highest num bers of birds at low w ater occur on the m udflats furthest aw ay from the coastline. The extent of the m udflats in this area, m ost are over 1km w ide at low tide lim its the potential for significant disturbance to occur.

14.28 It is concluded that the Masterplan proposals w ill not lead to a significant increase in shore- based recreational activity w ithin the European sites. No adverse im pacts on the integrity of either European site are predicted as a result of the im plem entation of the Masterplan proposals.

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15.0 IM PACTS O N HYDRO LO G Y AFFECTING THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR

15.1 The regeneration area is located in close proxim ity to both the Medw ay Estuary and areas of grazing m arshes. A w ater m anagem ent strategy that encourages the holding of surface w ater and reduces w ater run off is a key part of the regeneration (see Plan 3.11 in Masterplan docum ent). All developm ents w ill use Sustainable Urban Drainage System s (SuDS) as standard.

15.2 The SuDS netw ork w ill use the creek to m ove roof and surface w ater from the developm ent to the Medw ay estuary and it is intended that re-engineered dam s and control m echanism s w ill enable the historic flushing process to re-start along the Queenborough Creek. Clean surface w ater w ill also drain from the redeveloped brow nfield sites to the m arina and w ill then be flushed out by the lock m echanism at the m outh of the m arina to prevent siltation of the new channel.

15.3 It is considered that the proposals could have potentially adverse im pacts on the European site through changes in salinity levels in the Queenborough Creek, or in overall rates of fresh w ater discharged into the Medw ay estuary. The follow ing m easures w ould need to be im plem ented to ensure the proposals do not lead to adverse im pacts on the Medw ay Estuary and Marshes SPA/Ram sar.

Recom m endations 9. There will be no net change in the volumes of freshwater entering the Swale and Medway as a result of the implementation of the Masterplan. Sustainable drainage systems (SUDS) will be used throughout to control the quality and quantity of surface water discharges from the Masterplan area.

10. A series of measures designed to ensure water quality is maintained are included in section 4.11 of the N eatscourt Appropriate Assessment, including the fitting of outfalls with a stop lock system to isolate the ditch network in the event of a pollution incident. Similar water control systems will be included in the design of all additional drainage schemes required for the Masterplan. No watercourses discharging into the marina will be permitted without such a system.

11. Each stage of the development will be required to provide details of the drainage strategies to be employed prior to consenting these applications. Run-off rates into the

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Q ueenborough Creek will be calculated for each phase of the development, and considered in-combination with existing conditions to ensure no changes in salinity levels occur.

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16.0 IM PACTS O F RELEASE O F CO NTAM INANTS AFFECTING THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR

16.1 The Masterplan design has taken into account areas of know n contam ination including a lim e pit (associated w ith the form er glue w orks) on the banks of Queenborough creek. These areas are not being developed to m inim ise the risk of contam ination entering the Medw ay Estuary and Marshes SPA/Ram sar. The m arina has been positioned in areas w ith low er contam ination levels. In addition the w alls of the m arina w ill be sheet piled and encapsulate the surrounding ground to reduce the risk of contam ination to the w ater in the m arina that w ill be released into the Medw ay Estuary and Marshes SPA/Ram sar.

16.2 No de-w atering w ill be required during the excavations required for the m arina basin and there w ill be no discharge of w aters into the Medw ay Estuary and Marshes SPA/Ram sar during the construction of the m arina.

Recom m endations 12. Conditions will be agreed prior to consenting subsequent applications to ensure safe storage and handling of possibly contaminated material during excavation, handling, storage and (if required) disposal. Best practice industry guidelines will be followed during groundworks and other construction activities. Full details will be provided in a Construction and Environment Management Plan.

13. N o waters to be discharged directly into the Medway Estuary and Marshes SPA/Ramsar during the construction of the marina basin.

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17.0 IM PACTS O F INCREASED LEVELS O F RECREATIO NAL ACTIVITY AFFECTING W INTERING BIRD S USING G RAZING M ARSHES W ITHIN THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR

17.1 Six species of w aterfow l w ere recorded utilising the grazing m arsh habitats to the south of the developm ent during the surveys by Rum m ey Environm ental Lim ited (see appendix 5). These w ere w igeon, shoveler, teal, oystercatcher, curlew and redshank. There is the potential for the Masterplan proposals to lead to an increase in recreational activity w ithin the area and therefore lead to an increased level of disturbance.

17.2 There are currently tw o public footpaths leading south from Rushenden that could be the focus of increased levels of use as a result of the im plem entation of the Masterplan proposals as show n in figure 8. O ne leads south east from Rushenden across Neatscourt Marshes tow ards Kingsferry Bridge; it crosses through the m iddle of sector C (see figure 2 and 4). This footpath is poorly signed and appears to be infrequently used at present. The second leads southw ards along the seaw all from the Creek in Queenborough to Ladies Hole Point w here it term inates; this footpath runs adjacent to sector B (see figures 2 and 4).

17.3 Very low num bers of w aterfow l w ere recorded feeding or roosting in sector B, w ith m axim um counts of four redshank, eight shoveler and 16 teal m ade during surveys. Area C generally held higher num bers of birds w ith counts of 18 curlew , 40 shoveler, 26 teal and four redshank m ade. There w as also occasional use of sector C by w igeon, possibly in response to disturbance in other parts of the survey area.

Table 19: Avian interest features of the M edw ay Estuary and M arshes SPA/Ram sar recorded during w inter 2004/05 – Sector B

M ean peak W eBS data (5 yr M ean Peak Count % of SPA Species (1991/92 – m ean peak) Count 2004/05 flock 1995/96) 2002/03 – 06/07 2004/05 Redshank 3,690 1405* 4 2.3 0.16% Shelduck 4,465 2063 6 1.2 0.05% * WeBS data considered incom plete

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Table 20: Avian interest features of the M edw ay Estuary and M arshes SPA/Ram sar recorded during w inter 2004/05 – Sector C

M ean peak W eBS data (5 yr M ean % of Peak Count Species (1991/92 – m ean peak) Count SPA 2004/05 1995/96) 2002/03 – 06/07 2004/05 flock Pintail 697 809* 1 0.1 0.01% Dunlin 25,936 7451 1 0.1 0.001% Black-tailed 957 1120* 1 0.1 0.009% godw it Redshank 3,690 1405* 4 1.4 0.1% Shelduck 4,465 2063 2 0.2 0.01% * WeBS data considered incom plete

Table 21: Avian interest features of the Sw ale SPA/Ram sar recorded during w inter 2004/05 – Sector B

M ean peak W eBS data (5 yr M ean % of Peak Count Species (1991/92 – m ean peak) Count SPA 2004/05 1995/96) 2002/03 – 06/07 2004/05 flock Redshank 1640 1127 4 2.3 0.2% Shoveler 471 315 8 1.2 0.4% * WeBS data considered incom plete

Table 22: Avian interest features of the Sw ale SPA/Ram sar recorded during w inter 2004/05 – Sector C

M ean peak W eBS data (5 yr M ean Peak Count % of SPA Species (1991/92 – m ean peak) Count 2004/05 flock 1995/96) 2002/03 – 06/07 2004/05 Pintail 966 760 1 0.1 0.01% Black-tailed 1755 1425 1 0.1 0.007% godw it Redshank 1640 1127 4 1.4 0.1% Shoveler 471 315 40 6.3 2%1 * WeBS data considered incom plete

1 It should be noted that w hilst num bers of shoveler on the Sw ale appear to have decline betw een the periods 1991/92 – 1995/96 and 2002/03 – 2006/07, num bers on the Medw ay Estuary have increased substantially over the sam e period from 76 birds to a m ean peak count of 259 birds. This figure includes a num ber of incom plete counts and an incom plete peak count of 509 birds in 2006/07 w ould suggest the population could be higher than the m ean peak count suggests. This w ould suggest that there m ight have been som e localised redistribution of birds around the tw o sites during this period.

17.4 The increase in the num ber of dw ellings in the Queenborough area is likely to increase levels of use of both footpaths by residents. Com pared to the current baseline situation, it is considered likely that there w ill be an increase in w alkers and dog-w alkers in particular, although other form s of recreational activity such as cycling m ay also increase. It is also possible that less appropriate form s of recreation for the area, such as trail-biking m ay also increase as a result of the Masterplan developm ent

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17.5 It is considered that disturbance due to increased levels of use of these footpaths w ill only directly affect sectors B and C. The railw ay line that runs north/south across the grazing m arshes from Rushenden to the Sheppey crossing provides a visual screen w hich w ould help to obscure hum an activity on the w estern side of the railw ay from birds using the eastern areas.

17.6 The field data collected suggests that sectors B and C are not used by a significant proportion of any birds associated w ith either the Sw ale or Medw ay Estuary and Marshes SPA/Ram sar. It is not considered that any increase in hum an activity in this area associated w ith the Masterplan proposals w ould have a significant adverse im pact on the interest features of these sites. Therefore no m itigation is required to ensure no adverse im pacts on site integrity.

17.7 Despite the fact there w ill be no significant disturbance as a result of these proposals this area is likely to be used to a greater extent once the residential elem ents of the Masterplan are com pleted. Recent studies of the Stour and O rw ell estuaries found that activities such as w alking and dog-w alking w ere ubiquitous w ith joggers and cyclists recorded at m ost sites. It w ould seem reasonable to expect these activities to com prise m ost of the recreational activity along these tw o paths after the im plem entation of the Masterplan proposals.

17.8 Although the studies on the Stour and O rw ell looked at disturbance to birds using inter- tidal areas, it is thought that the findings w ould be applicable to the likely im pacts on birds using the grazing m arsh areas in sectors B and C. The study found that w alkers w ith dogs caused a highest proportion of disturbance to birds. Dogs off leads w ere also found to cause m ore disturbance than those on leads and a very high proportion of dogs off leads w ere recorded during the survey w ork (Ravenscroft et al, 2007).

17.9 Whilst any increase in disturbance is not deem ed to be significant in term s of im pacts in interest features of the European sites, it is suggested that som e efforts are m ade to m anage recreational activities in this area. It w ould be possible to restrict access to the footpaths on the southern edges to Rushenden to pedestrian users only through the installation of appropriate stiles or sim ilar. The design of the stiles should be such that access by m otor vehicles, trial bikes or sim ilar is restricted. Inform ation boards should also be placed at these points asking w alkers to rem ain on the paths and keep dogs under strict control to avoid disturbance to feeding or roosting birds.

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Recom m endation 14. Stiles or gates will be installed at the points the footpaths leave the Masterplan area in all directions. These will be of a design that allows access by walkers to the existing footpaths but prevents access by bikes, motor-cycles or other forms of transport. Information boards should also be installed to request walkers remain on the footpath and keep dogs under strict control. The boards should also contain some basic information detailing the interest features of the grazing marsh. These will be in place before the occupation of the first additional dwelling.

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18.0 IM PACTS O F INCREASED LEVELS O F RECREATIO NAL ACTIVITY AFFECTING BREED ING BIRD S USING G RAZING M ARSHES W ITHIN THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR

18.1 Tw o species listed as interest features of the SPA w ere recorded during breeding bird surveys. A pair of avocet w as recorded breeding in one of the survey sectors south of the Masterplan area. Marsh harriers w ere also recorded hunting over the grazing m arshes to the south of the Masterplan area. The report produced by Rum m ey Environm ental Lim ited notes ‘extensive’ use of the southern part of the survey area by m arsh harrier during this period.

M arsh harrier

18.2 No m arsh harrier w ere recorded breeding w ithin the area covered in the surveys undertaken in 2005 (see appendix 5). In 1998, 24 breeding ‘pairs’ of m arsh harrier w ere recorded in the Medw ay and Sw ale Estuary, 75% of w hich bred in arable crops (Strategy for the Medw ay and Sw ale Estuary, 2000). Birds w ere recorded hunting over the grazing m arshes during the breeding season. These records are assum ed to relate to birds breeding w ithin the European sites. The data show that although activity is m ore prevalent on the eastern side of the railw ay, a num bers of flights w ere recorded in sectors B and C, w ith sector C appearing to be m ore favoured by hunting birds than area B (see Figure 2).

18.3 Studies of breeding m arsh harrier have show n that m ales forage for eight hours a day during the nesting phase, a considerable increase in effort com pared to other tim es of the year w hen foraging activity is reduced during early m ornings and late evenings. Males also increased their hunting ranges as the breeding season progresses (Altenberg et al, 1982).

18.4 The data on breeding m arsh harrier in North Kent w ould suggest that birds are tolerant of a degree of hum an activity given the fact birds w ill nest on arable farm s w here there is likely to be som e hum an activity throughout the breeding season. Disturbance around the nest site is likely to have a greater im pact on the breeding population rather than displacem ent of hunting birds.

18.5 Displacem ent of birds using the grazing m arshes to the south of the Masterplan area w ould only im pact on the breeding population of m arsh harriers of the Sw ale SPA/Ram sar, if it affected the tim e birds could spend hunting in this area.

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18.6 Marsh harriers w ill forage som e considerable distance from the nest site during the breeding season. In Hum berside breeding birds nesting at Blacktoft Sands RSPB reserve w ere observed foraging over farm land up to 5km from the nest site in 1992 (pers obs). Sim ilar distances w ere recorded in 2005 w hen birds nesting on the Hum ber w ere recorded hunting on farm land 4km from the estuary (pers obs).

18.7 O ther harrier species in the UK have been show n to utilise extensive hunting ranges during the breeding season, w ith m ale hen harriers often recorded hunting over 4km from the nest in Scotland (Watson, 1977). Foraging ranges during the breeding season are likely to be influenced by a num ber of factors such as prey availability, levels of intra-specific com petition for resources, breeding densities and habitat quality. Studies of hen harrier have show n that the habitat around the nest is used disproportionately during the breeding season (Thirgood et al, 2003) and this is considered likely to be the case for m arsh harrier as w ell.

18.8 Inform ation supplied by the RSPB indicates that the core breeding areas for m arsh harrier on the Isle of Sheppey are a significant distance from the Masterplan area. How ever birds have been recorded breeding close enough to the Masterplan area for the grazing m arshes to the south of the m arsh plan area to be an im portant foraging area for breeding birds. The field data show s that m ost of the m arsh harrier hunting activity occurred to the east of the railw ay, w here habitat enhancem ent is proposed as part of the Neatscourt Appropriate Assessm ent and there is no public access. How ever hunting activity w as recorded to the w est of the railw ay (see paragraph 17.2) w here increased use of the public footpath m ay cause disturbance to hunting birds.

18.9 Studies by Altenberg have show n that m ale m arsh harriers w ill forage for up to eight hours during the breeding season. Egg laying usually takes place during m id-April w ith eggs hatching 31-38 days later (Snow and Perrins, 1998). The key period for hunting m ales provisioning nests w ill be from hatching to fledging (approxim ately 40 days). During the m onths May and June there is approxim ately 15-16 hours of daylight per day. It is considered this w ould give sufficient opportunity for birds to hunt over the grazing m arshes at tim es w hen hum an disturbance is low . It is not considered therefore that the proposals w ill have any adverse im pacts on breeding m arsh harrier as a result of increased recreational activity on the grazing m arshes to the south of the m aster plan.

18.10 It is thought likely that m arsh harrier w ill continue to forage over the grazing m arsh to the south of the developm ent, especially due to the habitat im provem ents recom m ended in the

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Neatscourt Appropriate Assessm ent and no adverse im pact is predicted. The additional grazing m arsh land proved, as part of these proposals is considered likely to be beneficial to the overall breeding population of m arsh harrier w ith the Sw ale SPA/Ram sar.

Avocet

18.11 A pair of avocet w ere recorded breeding in sector B during the breeding bird surveys in 2005 surveys undertaken by Rum m ey Environm ental Lim ited. It is not clear w hether this w as an isolated breeding attem pt or if birds are breeding in this area on a regular basis. Although solitary breeding attem pts are not unknow n this species is m ore typically a colonial nester (Snow and Perrins, 1998). This w ould suggest that the nesting attem pt recorded in 2005 w as possibly an isolated occurrence.

18.12 It is possible that increased use of the footpath leading to Longm an Point could lead to an increased level of disturbance if nesting w as a regular occurrence. Disturbance is likely to be m ost significant w hen birds are selecting suitable areas to build nests or during incubation. Avocet typically lay eggs in m id-April, w ith incubation lasting for 25 days (Snow and Perrins, 1998). Breeding birds are liable to be particularly prone to disturbance betw een April and m id-May.

18.13 As highlighted in paragraph 5.11, the m ain avocet colonies w ithin the European sites are at Elm ley (Sw ale) and Chetney Marshes (Medw ay Estuary and Marshes). The occasional nesting of single pairs in other areas is not infrequent across both the Sw ale and Medw ay. It is not considered that the presence of w hat is probably an isolated breeding attem pt in sector B is significant in term s of assessm ent under the Habitat Regulations. No adverse im pacts on the breeding population of avocet in either European site is considered likely as a result of these proposals.

M editerranean gull

18.14 A m axim um count of eight Mediterranean gulls w as m ade during the w inter bird surveys. This count w as m ade in late March and is likely to relate to birds returning to breeding areas w ith the Sw ale and Medw ay rather than w intering birds. No records of birds w ithin the survey area w ere m ade betw een late Novem ber and early March.

18.15 This species w as also recorded during the breeding season foraging w ithin areas to the south of the Masterplan boundary. No details of num bers recorded are included in the

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Rum m ey Environm ental Lim ited report, although the text notes birds m ade ‘extensive’ use of the survey area. Disturbance of feeding birds m ay have an adverse im pact on the breeding populations w ithin both the Sw ale and Medw ay Estuary and Marshes SPA/Ram sar sites. How ever, this species has a w ide-ranging and catholic diet, as w ell as a high degree of tolerance to the presence of hum ans, so it is considered any im pacts w ill be negligible. The Masterplan proposals are unlikely to have any significant im pact on this species during the breeding season.

O ther species

18.16 A num ber of other species are m entioned in the general breeding bird assem blages for the Medw ay Estuary and Marshes SPA/Ram sar. O f these, three species lapw ing, m allard and pochard w ere recorded breeding w ithin the areas of grazing m arsh surveyed. There w ere no records of breeding kingfisher or corm orant w ithin the survey area during 2005.

18.17 A total of 10 pairs of pochard w ere recorded breeding along Joan Fleet (plus one pair to eastern side of railw ay). Mallard w ere w idely distributed across the w hole area south and east of the Masterplan area, w ith 12 pairs recorded in sectors B and C (35 pairs w ere recorded in total). Tw o pairs of lapw ing w ere recorded in the w estern side of the railw ay (1 in each sector), w ith 20 nesting pairs recorded on the eastern side w here Joan Fleet term inates.

18.18 There m ay be an im pact on these species related to any increases in levels of recreational activity along the footpath leading to the Sheppey Crossing. How ever, given that both m allard and pochard are associated w ith open w ater im pacts are likely to be negligible. Sim ilarly the potential im pacts on tw o pairs of breeding lapw ing are not deem ed significant.

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19.0 IM PACTS O F INCREASED NUM BERS O F D O G S AND CATS AFFECTING W INTERING AND BREED ING BIRDS USING G RAZING M ARSHES O R INTER-TID AL AREAS W ITHIN THE M ED W AY ESTUARY AND M ARSHES SPA/RAM SAR

19.1 There is potential for pets to enter onto the m udflats resulting in disturbance or bird fatalities. Cats w ill not be a problem as they are unlikely to venture onto m udflats. How ever, there is a high risk of access onto the m udflats by dogs, along the seaw all betw een Queenborough and Rushenden. It is not considered that any increase in the num ber of dog w alkers using either of the tw o footpaths running south from Rushenden (to Ladies Hole Point or Sheppey Crossing) w ill have a significant adverse im pact on w intering birds in sector B and Cs, given the low num bers of birds using these areas (see tables 13-15).

19.2 There are currently in the region of 2,500 dw ellings in the Queenborough and Rushenden area. The 1991 census indicated that of the 21,441,000 households in Britain 19.8% ow ned one dog and 4.9% ow ned tw o or m ore. A study by Conservation Consultancy Ltd (2002) reported that the percentage of households nationally ow ning dogs is 20.9% w ith an average of 1.3 dogs per dog ow ning household.

19.3 Using the figures from Conservation Consultancy Lim ited, it is possible that there are currently in the region of 679 dogs already w ithin the com bined areas of Queenborough and Rushenden. Using the sam e figures w ould m ean that the Masterplan proposals could increase the num ber of dogs in the vicinity by a further 543 anim als. It is thought likely that the actual figure of dog ow nership w ould be low er than these figures suggest given the high proportion of flats, and w ithin this single bedroom flats, proposed in this developm ent (see table 1). It is thought that these dw ellings w ould be unsuitable for pet ow nership in m ost cases. How ever, it is clear that com pared to the baseline situation, the Masterplan proposals are likely to lead to a significant increase in num bers of dogs w ithin the Queenborough and Rushenden area.

19.4 At the present tim e no studies have been undertaken to evaluate the existing levels of use of the sea-w all, footpaths and potentially the m udflats at low tide by dog-w alkers (or indeed any other form of recreational activity). The collection of baseline data is considered necessary to determ ine the validity of the assum ptions used in the next section of this assessm ent.

Recom m endation 15. Until such time that a 12-month study to assess the use of the sea wall, footpaths and mudflats at low tide has been carried out, any detailed applications for residential schemes

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should be refused. The data from the 12-month study should be used to check the validity of the assumptions made in this Habitat Regulations assessment, and consent should only be granted if a review of the Habitat Regulations assessment against the new survey findings demonstrates that the current conclusions hold. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then revisions to the Masterplan will be required.

19.5 Studies of disturbance to w intering birds on the Stour and O rw ell estuaries in Suffolk found that w alkers w ith dogs w ere one of the com m onest activities recorded at these sites, and caused a high degree of disturbance to w intering birds. Boats and w alkers also caused significant am ounts of disturbance but w alkers w ith dogs caused a greater proportion of disturbance than w alkers alone (Ravenscroft et al, 2007).

19.6 The survey found that w alkers and w alkers w ith dogs caused sim ilar levels of disturbance at low tide, but w alkers w ith dogs w ere tw ice as likely to disturb birds at high w ater. The report found no evidence that birds show ed any signs of increasing habituation to disturbance by dogs at busier sites. This w as a trend apparent for a range of other activities (Ravenscroft et al, 2007). The survey findings w ould also indicate that dogs off leads w ere m ore likely to have a greater disturbance im pact on birds.

19.7 It is clear from this w ork that there is potential for recreational activities to im pact on w intering bird populations utilising the inter-tidal areas. Table 5 show s that birds’ responses to hum an activity on inter-tidal areas varies betw een species and also betw een sites. O ther studies have show n how birds respond to disturbance events vary seasonally and depending on other stim uli (e.g. quarry species are increasingly sensitive to hum an activity during the hunting season).

19.8 It is considered that the Masterplan proposals have the potential to lead to adverse im pacts on w intering w aterfow l using the inter-tidal areas around Queenborough for feeding. Disturbance to w intering turnstone at high w ater is also considered a potential adverse im pact. It is only considered likely that the Masterplan proposals could be considered to have no potentially adverse im pacts if the survey recom m ended above show ed no evidence of use of the inter-tidal areas by current occupants of Queenborough and Rushenden (due to unstable sedim ents or sim ilar).

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19.9 In the event of the recreational surveys show ing use of the inter-tidal area by w alkers or dog w alkers that it is considered it w ill be necessary to restrict access to the foreshore by dog w alkers to avoid any adverse im pacts on feeding or roosting birds.

19.10 In addition to the recom m endation m ade above it w ill be essential to ensure that attractive areas aw ay from the sea w all and foreshore are accessible to people living in the Queenborough and Rushenden area. Plan 3.6 in the Masterplan docum ent show s the proposals for green space w ithin the developm ent area (see appendix 2). These areas should be accessible to dog-w alkers; w ith facilities present to ensure the use of these areas for dog-w alking do not conflict w ith the interest of other user groups (such as dog bins and designated dog-free areas).

Recom m endation 16. O pen space provision (see Plan 3.6 of Masterplan) within the development should be designed to provide suitable areas for exercising dogs (both on and off leads). The existing area of Rushenden Hill and the proposed park will play an important role in providing suitable areas for dog exercise. All subsequent detailed applications will be required to meet the Accessible Natural Greenspace Standards.

19.11 It is considered unlikely that cats accessing the inter-tidal area w ill be a significant issue associated w ith the Masterplan proposals. How ever the proposals could lead to an increase in the num bers of cats utilising the grazing m arsh areas to the south of Rushenden. It is estim ated that 23% of households in the UK ow n cats, of these 75% ow n one cat, 16% tw o cats, 5% three cats and 2% four cats (Woods et al, 2003) Using these figures it is anticipated that the Masterplan proposals w ill lead to an increase of approxim ately 600 cats in the local area com pared to the baseline. A significantly higher cat population m ay lead to increases in both direct predation of bird populations and higher levels of disturbance in these areas.

19.12 To som e extent the Masterplan design is likely to m inim ise the potential for cats to access the grazing m arshes to the south of Rushenden. The netw ork of SUDS that criss-cross the area of Queenborough w here the residential developm ent is proposed is likely to restrict cat m ovem ents, as they are likely to be unw illing to cross w ater features. There is an existing ditch along the southern edge of Rushenden that w ill also inhibit cat m ovem ents to the southern area, although it is possible for cats to cross this ditch in places.

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19.13 The presence of Rushenden betw een the Queenborough redevelopm ent area and grazing m arshes is also likely to restrict cat m ovem ents. Any additional cats introduced into the Queenborough area as a result of the proposal w ill have to cross through areas already occupied by territorial cats and this is likely to lim it the ranges of the new cats.

19.14 How ever it is im possible to ascertain w ith any certainty that the proposals w ill not lead to an increase in the num ber of cats accessing the grazing m arsh areas to the south of Rushenden. Therefore it is considered possible that the Masterplan proposals m ay have an adverse im pact on breeding and w intering birds from the European site using the grazing m arsh areas, through both increased predation risk and higher levels of disturbance.

19.15 The residential elem ents of the Masterplan are all over 725m from the boundary of the Medw ay Estuary and Marshes SPA that is likely to be beyond the hunting ranges of m ost dom estic cats. Studies have found that the m ean range of hunting cats is less than 400m (Turner and Meistier, 1988). Figure 9 applies the 400m m ean ranging distance for cats to the elem ents of additional residential developm ent w ithin the Masterplan proposals. This dem onstrates that m ean ranges w ill not extend beyond the current developed area of Rushenden and Queenborough. From the southern edge of Rushenden it is still a further 325m to the grazing m arshes of the European sites.

19.16 Whilst it is recognised that individual cats w ill range further than 400m it is not considered that significant num bers w ill reach the grazing m arshes of the European sites as a result of the Masterplan proposals. No adverse im pacts on either breeding or w intering interest features of the European sites are predicted as a result of increased num bers of cats predicted to occur as a result of the im plem entation of the Masterplan proposals.

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20.0 IM PACTS O F BAIT-D IG G ING AFFECTING W INTERING BIRDS USING INTER-TIDAL AREAS W ITHIN THE M ED W AY ESTUARY AND M ARSHES SPA/RAM SAR

20.1 The m ost popular species used by sea anglers include Arenicola sp, Aeoliscus sp and N ereis sp. Data supplied by the Environm ent Agency on the benthic com m unities in the Queenborough area found very few of these species in the sam ples taken (see appendix 6). There is lim ited evidence of bait digging being undertaken in the Queenborough area. The Activity Atlas notes that the beach at Seasalter w as a popular site for bait diggers (Medw ay Sw ale Estuary Partnership, 2004).

20.2 Bait-digging is likely to cause considerable disturbance to w intering w aterfow l as it can only take place w hen inter-tidal areas are exposed. Whilst there is som e lim ited evidence to suggest that bait-digging is unlikely to be a significant issue in the Queenborough area there is little baseline inform ation to support this assertion. The collection of baseline data on current levels of recreational activity in the Queenborough area is recom m ended to supplem ent existing data and confirm the accuracy of the assum ptions m ade in this docum ent prior to new dw ellings being occupied.

20.3 At the present tim e no im pacts from increased levels of bait-digging are predicted, due to the lack of species favoured by bait-diggers in the Queenborough area, therefore no adverse im pacts on w intering w aterfow l using this area are predicted.

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21.0 IM PACTS O F CO NSTRUCTIO N AND PO ST-CO NSTRUCTIO N LIG HTING AFFECTING W INTERING AND BREED ING BIRD S USING AREAS W ITHIN THE M ED W AY ESTUARY AND M ARSHES SPA/RAM SAR

21.1 The im pacts of lighting on interest features of the European sites w ill vary. It is considered the Neatscourt Appropriate Assessm ent has identified the potential im pacts associated w ith developm ent of land in the Neatscourt Marshes area. The im pacts of the developm ent of the final area of em ploym ent land in this area (to the east of the railw ay and south of the Port of Sheerness land) w ill be the sam e as those identified for the Neatscourt Appropriate Assessm ent. It is considered that provided the recom m endations laid out in that report are follow ed there w ill be no adverse im pacts due to lighting on the interest features of the European sites in this area.

Recom m endations 17. The description of lighting characteristics for construction compounds described in section 4.36 of the Neatscourt Appropriate Assessment will be applied to construction compounds associated with the development of the final area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

18. The installation of a solid fence of 1.8m height around construction compounds (set out in section 4.37 of the Neatscourt Appropriate Assessment) should be applied to construction compounds associated with the development of the final area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

19. The creation of the permanent bund along the southern edge of the proposed employment areas will be necessary. The bund described in section 3.12 and shown in Figure 5 of the N eatscourt Appropriate Assessment should be progressively extended to the west until it meets with the existing railway line to restrict access to the adjacent SPA/Ramsar from the business developments in this area. This bund will be in place prior to construction work commencing in the relevant area.

20. Post- construction lighting will be subject to detailed design. The recommendations outlined in section 4.47 of the N eatscourt Appropriate Assessment should be applied to the area of employment land to the south of the land owned by the Port of Sheerness (see figure 7).

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21.2 It is concluded that w ith these m easures in place there w ill be no adverse im pacts on the interest features of the European site as a result of the developm ent of the area of em ploym ent land on the southern edge of the Masterplan boundary either during or after construction.

21.3 The Masterplan proposals include extensive developm ent along the edge of the inter-tidal areas in Queenborough, used by interest features of the European site. Areas w here lighting is particularly likely to have an im pact include developm ent adjacent to Queenborough Creek, to the south of the all-tide landing and around the proposed m arina. Increased lighting levels in these areas could potentially cause adverse im pacts on w aterfow l from the European sites using these areas.

21.4 Illum ination of the m udflats could affect the feeding habits of w aders. How ever, changes in feeding habits m ay not necessarily be an adverse effect. There is little research on the effects of lighting on the nocturnal use of inter-tidal area by birds. It is possible that a m oderate increase in light levels could benefit sight-feeding w aders such as oystercatcher and redshank. Although recent research has indicated that, contrary to previous assum ptions (see Stillm an et al, 2000) the feeding efficiency of oystercatchers is not reduced at night (Sitters, 2000).

21.5 How ever, it is considered that light spill onto the m udflats during the construction phase is m ore likely to be disruptive to birds, rather than beneficial. It is therefore recom m ended that w here lighting of construction com pounds etc is required the recom m endations laid out in the Neatscourt Appropriate Assessm ent be follow ed. The m easures recom m ended to reduce disturbance due to construction activities close to the inter-tidal areas w ill also help reduce the potential im pacts of lighting affecting interest features of the European site (see recom m endation 27). Whenever lighting is used during the construction phase the lights should be focussed aw ay from the inter-tidal areas to reduce any increase in illum ination as far as possible.

Recom m endations 21. The description of lighting characteristics for construction compounds described in section 4.36 of the Neatscourt Appropriate Assessment will be applied to construction compounds within 75m of any inter-tidal areas within the European site. The installation of a solid fence of 1.8m height around these construction compounds (set out in section 4.37 of the Neatscourt Appropriate Assessment) will also be required.

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21.6 The Masterplan includes a proposed lighting strategy that acknow ledges the sensitivities of the habitats bordering the Masterplan area and highlights the need to avoid or m inim ise light spillage and pollution in these areas. Figure 4.11 in the Masterplan gives details of the lighting proposals (see appendix 2).

21.7 Pedestrian w ay-m arking is identified along the sea w all as part of these proposals. The proposals also identify a num ber of points along the sea w all w here im pact/effect lighting w ill be installed. There is also the potential for lighting from the m arina and residential dw ellings close to the inter-tidal areas to increase am bient light levels across the m udflats. There is insufficient detail at the stage of the design process to be able to assess the im pacts of this type of lighting. To avoid the potential for adverse im pacts on species using the inter-tidal areas of the European site the follow ing m easures are considered necessary.

Recom m endations 22. The design of any footpath lighting along the sea wall should be designed in such a way that there is no significant light spill onto the surrounding mudflats as a result of its installation. Any lighting columns used should be as low as practicable and lighting systems with high levels of directionality should be used. Details of the lighting systems will be agreed with Natural England once full details are available. If it is found that there are no or insufficient measures to mitigate any adverse effects and no alternatives can be identified, then this element will need to be removed from the Masterplan.

23. Full details of the impact/effect lighting will be required. It is considered that any lighting that increases ambient levels of light on the mudflats is likely to be unacceptable. It is recommended that if it cannot be demonstrated that this lighting will not increase ambient light levels on the inter-tidal habitats any subsequent detailed applications should be refused and these elements be removed from the Masterplan proposals.

24. The design of buildings fronting onto areas of inter-tidal habitat will include design features to minimise light spill onto adjacent mudflats. Specialist advice from lighting consultants may be required to ensure light spill and reflectivity is minimised.

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22.0 IM PACTS O F RO AD NO ISE O N W INTERING AND BREED ING BIRD S USING AREAS W ITHIN THE M EDW AY ESTUARY AND M ARSHES SPA/RAM SAR

22.1 The im pacts of increased road noise from the Rushenden Relief Road (A249) have already been considered as part of the Environm ental Im pact Assessm ent undertaken for this schem e. The assessm ent took into account the Masterplan proposals and w ould have had to dem onstrate no adverse im pacts on the European sites to be consented. Therefore no further consideration of the im pacts of noise is required.

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23.0 CO NCLUSIO N O F HABITAT REG ULATIO NS ASSESSM ENT O F M ASTERPLAN PRO PO SALS

23.1 The Masterplan proposals require assessm ent under the Habitats Regulations to establish w hether the potential im pacts associated w ith the plan or project could be significant, either alone, or in-com bination w ith other plans and projects.

23.2 The assessm ent of the proposals established that alone, im plem entation of the Masterplan w as likely to have significant effects on the European sites and therefore an Habitat Regulations assessm ent of these im pacts w as undertaken. This assessm ent notes that, in som e cases, it w ill not be possible to dem onstrate w ith certainty that adverse im pacts w ill not occur w ithout m itigation. In these cases it w ill be necessary to im plem ent in full the m itigation m easures recom m ended to ensure these im pacts w ere fully m itigated or reduced to a ‘de m inim is’ level.

23.3 It is concluded that w ith the full im plem entation of the range of m itigation m easures, the identified im pacts of the Masterplan proposals can be considered ‘de minimis’. Therefore it can be concluded that the Masterplan proposals w ill not adversely im pact the integrity of the European sites.

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24.0 IN-CO M BINATIO N ASSESSM ENT

24.1 Habitat Regulations assessm ent includes the requirem ent to assess the residual im pacts of the plan or project alone, in com bination w ith im pacts deriving from other plans and projects. The follow ing list of plans and projects have the potential to be of relevance to an in com bination assessm ent:

• London Array off shore w ind farm ; • Grain Liquid Natural Gas Im portation and Storage Facility; • Tw o advanced super-critical (ASC) coal-fired generating units and the dem olition of Kingsnorth pow er station; • Construction of three additional Liquid Natural Gas (LNG) storage tanks • Isle of Grain w ind farm ; • Dam head Creek II; • Sw ale Gatew ay, Ridham ; • Iw ade; • Rochester Riverside; • Sittingbourne Tow n Centre; • Faversham Creek; and • Sheerness Windfarm .

24.2 A discussion of the potential im pacts on these projects is set out in Appendix 9.

24.3 None of these plans and projects can act in-com bination w ith the Masterplan proposals. This is because the Habitat Regulations assessm ent has concluded that all possible adverse im pacts on integrity of the European sites associated w ith the Masterplan can be fully m itigated, such that they are d m inim uis in scale. As a consequence, the Masterplan cannot act in com bination w ith im pacts deriving from other projects, because the Habitat Regulations assessm ent has concluded that effectively, it does not have a residual im pact.

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25.0 SUM M ARY

25.1 Queenborough and Rushenden Masterplan has been prepared to redevelop land at Queenborough and Rushenden on the Isle of Sheppey, Kent. The area covered by the Masterplan is 168ha. The proposed developm ent is a m ix of:

• residential and com m ercial developm ent; • em ploym ent space; • com m unity facilities and services; • open spaces; and • a m arina.

25.2 The Habitat Regulations im pose duties on public bodies (com petent authorities) to follow a strictly defined procedure w here it is deem ed that the plan or project is likely to have a significant effect on European sites. Plans or projects w hich are not directly connected w ith the m anagem ent of the European site and are likely to have a significant effect on it require an appropriate assessm ent or Habitat Regulations assessm ent of the im plications for the site in view of that site’s conservation objectives. The plan or project can only be given consent if it w ill not adversely affect the integrity of the site, or if there are no alternatives and it m ust be undertaken for im perative reasons of overriding public interest.

25.3 It w as considered the Masterplan w ould be likely to have a significant effect on interest features associated w ith both the Medw ay Estuary and Marshes SPA/Ram sar and the Sw ale SPA/Ram sar, and that the Masterplan w as not directly connected w ith, or necessary to, the m anagem ent of either site. Therefore a Habitat Regulations assessm ent has been undertaken of the im plications of the proposal in view of the site’s conservation objectives.

25.4 The likely effects of the Masterplan proposals on the international nature conservation interests for w hich the site w as designated w ere considered to be:

• disturbance to w aterfow l during construction period; • disturbance to w aterfow l from traffic noise post-construction; • disturbance to w aterfow l due to increased recreational activity post- construction; • effect of lighting (during and after construction) on w aterfow l behaviour; • loss of inter-tidal habitat used by w aterfow l and Ram sar interest species; • reduction in w ater quality or quantity entering the Medw ay Estuary; • m obilisation of contam inants through construction of m arina basin or linking channel;

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• hydraulic changes leading to habitat changes on adjacent to grazing m arshes or tidal creeks; • predation and disturbance by pets; and • increase in boating activity and consequent disturbance of w aterfow l.

25.5 A desk-top review of current inform ation w as undertaken looking at the distribution and current populations of breeding and w intering birds w ithin the European sites. A literature review of current research into the effects of disturbance on w aterfow l w as conducted, as w ell as an exam ination of the potential for m ovem ent betw een the European sites by bird populations. This w as follow ed by the identification of potential im pacts on a num ber of species associated w ith the European sites.

25.6 The assessm ent established that w ith the Masterplan as proposed it w ould not, in som e cases, be possible to dem onstrate w ith certainty that adverse im pacts w ould not occur w ithout m itigation. In these cases it w ill be necessary to im plem ent in full the m itigation m easures recom m ended to ensure these im pacts are fully m itigated or reduced to a de minimis level. The m easures and restrictions w ould be im plem ented through consenting conditions or legal agreem ent.

25.7 Habitat Regulations assessm ent includes the requirem ent to assess the residual im pacts of the plan or project alone, in com bination w ith im pacts deriving from other plans and projects. A num ber of other plans and projects w ere considered to have the potential to be of relevance to an in com bination assessm ent.

25.8 It w as concluded none of these plans and projects can act in-com bination w ith the Masterplan proposals. This is because the Habitat Regulations assessm ent concluded that all possible adverse im pacts on the integrity of the European sites associated w ith the Masterplan can be fully m itigated, such that they are de minimis in scale. As a consequence, the Masterplan cannot act in com bination w ith im pacts deriving from other projects, because the Habitat Regulations assessm ent has concluded that effectively, it does not have a residual im pact.

25.9 O n any project of this nature there is a degree of uncertainty as to the tim efram e of im plem entation. To address this it w as agreed w ith Natural England that som e form of m echanism w as required to allow the conclusions of the Habitat Regulations assessm ent to be reassessed should there be any changes to the Masterplan proposals as set out in the

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Habitat Regulations assessm ent, or should changes to the recom m endations m ade in the Habitat Regulations assessm ent be required.

25.10 Where changes to the Masterplan are proposed Natural England w ill be consulted for an opinion on w hether the proposed changes are likely to alter the conclusions of the original Habitat Regulations assessm ent. If it is considered proposed changes are likely to affect the conclusions of the Habitat Regulations assessm ent then a review of the relevant sections of the docum ent w ill be undertaken. Should it not be possible to dem onstrate that the changes to the Masterplan w ill not adversely affect the integrity of the European sites planning perm ission for the proposed changes should be refused.

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REFERENCES

Altenberg, W., Dann, S., Starkenburg, J. & Zijlstra, M. (1982) Polygam y in the m arsh harrier (Circus aeruginosus): Individual variation in hunting perform ance and num ber of m ates. Behaviour Vol 79. No. 2-4 272-311 Anon (2003) Bird Atlas Medw ay and Sw ale Estuary. The Medw ay and Sw ale estuary Partnership Anon (2004) Activity Atlas Medw ay and Sw ale Estuary. The Medw ay and Sw ale estuary Partnership Austin, G.E, Collier, M.P, Calbrade, N.A, Hall, C and Musgrove, A.J (2008) Waterbirds in the UK 2006/07: The Wetland Bird Survey. BTO /WWT/RSPB/JNCC, Thetford. Banks, A.N, Austin, G .E, Burton, N.H.K and Mellan, H.J (2005). Investigating possible m ovem ents of w aterbirds betw een the Medw ay Estuary & Marshes SPA and neighbouring areas of the Tham es and Sw ale Estuaries. BTO Research Report No 400. British Trust for O rnithology, Thetford. Bell, J.C, Burton, N.H.K, Walls, R, Musgrove, A.J, Allen, J.R, Rehfisch, M.M and Watola, G (2003) Study on the potential safety risks from birds at and around a potential new airport at Cliffe Marshes and m easures for m itigating those risks. Birdstrike Avoidance Team and British Trust for O rnithology, Thetford. Burton, N.H.K., Refisch, M.M., Clark, N.A. & Dodd, S.G . (2006) Im pacts of sudden w inter habitat loss on the body condition and survival of redshank Tringa totanus. Journal of Applied Ecology 43, 464 – 473. Dugan, P.J. (1982) Seasonal changes in patch use by a territorial grey plover: w eather dependant adjustm ents in foraging behaviour. Journal of Anim al Ecology 51 849 - 857 Field, R.H., Arm itage, M.J.S, Rehfisch, M.M., Austin, G .E., Musgrove, A.J. & Hollow ay, S.J. (1998) Lappel Bank and Fagbury Flats Com pensatory Measures Site Suitability for Waterfow l. BTO Research Report No. 210. BTO , Thetford, Norfolk. Fox, A.D., Bell, D.V. & Mudge, G.P (1993) A prelim inary study of the effects of disturbance on feeding w igeon grazing on eel-grass Zostera. Wader Study Group Bull. 68:67-71). Gill, J.A., Norris, K. & Sutherland, W.J. (2001) The effects of disturbance on habitat used by black- tailed godw it Limosa limosa. Journal of Applied Ecology 38: 846-856 Goss – Custard, J.D. & Verboven, N. (1993) Disturbance and feeding shorebirds on the Exe estuary. Wader Study Group Bull. 68: 59-66 Holling, M & Rare Bird Breeding Panel (2007) Rare breeding birds in the Unitied Kingdom in 2003 and 2004. British Birds 100: 321-367 Lam beck, R.H.D. (1991) Changes in abundance, distribution and m ortality of w intering oystercatchers after habitat loss in the Delta Area, SW Netherlands. Acta XX Congressus Internationalis 4 2208-2218

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Lourenco, P.M., Granadeiro, J.P. & Palm eirim , J.M. (2005) Im portance of drainage channels for w aders foraging on tidal flats: relevance for the m anagem ent of estuarine w etlands. Journal of Applied Ecology Vol 42: 477 – 486 Madsen, J. (1998) Experim ental refuges for m igratory w aterfow l in Danish w etlands. I. Baseline assessm ent of the disturbance effects of recreational activity. Journal of Applied Ecology 35 398- 417 Musgrove, A.J, Collier, M.P, Banks, A.N, Calbrade, N.A, Hearn, R.D and Austin, G .E (2007) Waterbirds in the UK 2005/06: The Wetland Bird Survey. BTO /WWT/RSPB/JNCC. Thetford Pearce-Higgins, J.W., Finney, S.K., Yalden, D.W. & Langston, R.H.W. (2007) Testing the effects of recreational disturbance on tw o upland breeding w aders. Ibis 148 (Suppl 1) 45-55 Ravenscroft, N., Parker, B., Vonk, V. & Wright, M. (2007) Disturbance to w aterbirds w intering in the Stour-O rw ell estuaries SPA. Wildside Ecology. Suffolk. Rehfisch, M.M, Clark, N.A., Langstone, R.H.W. & Greenw ood, J.J.D. A guide to the provision of refuges for w aders: an analysis of 30 years of ringing data from the Wash, England (1996) Journal of Applied Ecology. 33 673-687 Sm it, C.J. & Visser, G .J.M. (1993) Effects of disturbance on shorebirds: a sum m ary of existing know ledge from the Dutch Wadden Sea and Delta area. Wader Study Group Bull. 68: 6-19 Snow , D.W & Perrins, C.M., (1998), The Birds of the Western Palearctic. Concise Edition. Volum es 1&2. O xford University Press St Joseph, A.K.M. (1979) The seasonal distribution and m ovem ents of Branta bernicla in w estern Europe. In Proceedings of the first technical m eeting on Western Palaearctic Migratory Bird Managem ent (Ed M Sm art), pp 45 – 57. IWRB, Slim bridge. Stillm an, R.A., West, A.D., Goss-Custard, S., Le V. Dit Durrell, S.E.A, Caldow , R.W.G ., McGrorty, S. and Clarke R.T. Yates, M.G ., Atkinson, P.W., Clark, N.A., Dare, P.J. & Mander, M. (2000) An individual behaviour-based m odel can predict shorebirds m ortality using routinely collected shellfishery data. Journal of Applied Ecology 40 1090-1102 Stillm an, R.A., Goss-Custard, West, A.D, Le V. Dit Durrell, S.E.A., Caldow , R.W.G ., McGrorty, S. & Clarke, R.T. (2000) Predicting m ortality in novel environm ents: test and sensitivity of a behaviour- based m odel. Journal of Applied Ecology 37 564-589 Stillm an, R.A. & Goss-Custard, J.D. (2002) seasonal changes in the response of oystercatchers Haematopus ostralegus to hum an disturbance. Journal of Avian Biology 33: 358 – 365.0 Thirgood, S.J., Redpath, S.M. & Graham , I.M. (2003) What determ ines the foraging distribution of raptors on heather m oorland? O IKO S 100 15-24. Tittley, I. & Peckham , S. (2004) Proceedings of the North East Kent Coastal Research Workshop. 22nd O ctober 2002. English Nature Research Report. No 570. Peterborough.

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Turner, D.C. & Meistier, O . (1988) Hunting behaviour of the dom estic of the dom estic cat. In: Turner, D.C & Bateson, P. (Eds) The Dom estic cat: the biology of its behaviour. 111-121. Cam bridge University Press. Watson, D. (1977) The Hen Harrier. T&AD Poyser. Berkham stead, Herts. Wernham , C.V., Tom s, M.P., Marchant, J.H., Clark, J.A., Siriw ardena, G.W. & Baillie, S.R. (eds). (2002) The Migration Atlas: m ovem ents of the birds of Britain and Ireland. T&AD Poyser, London. Wolters, M., Bakker, J.P., Bertness, M.D., Jefferies, R.L. & Moller, I. (2005) Saltm arsh erosion and restoration in south-east England: squeezing the evidence requires realignm ent. Journal of Applied Ecology. 42 844-851. Woods, M., McDonald, R.A. & Harris, S. (2003) Predation of w ildlife by dom estic cats (Felis catus) in Great Britain. Mam m al Review 33: 174-188

“Data w ere supplied by the Wetland Bird Survey (WeBS), a joint schem e of the British Trust for O rnithology, The Wildfow l & Wetlands Trust, Royal Society for the Protection of Birds and Joint Nature Conservation Com m ittee (the last on behalf of the Countryside Council for Wales, the Environm ent and Heritage Service, Natural England and Scottish Natural Heritage).”

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FIG URES

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