CREECH ST MICHAEL NEIGHBOURHOOD DEVELOPMENT PLAN 2018-2038 Submission Draft
Basic Conditions Statement
April 2018
Contents
1.0 Introduction ...... 1 1.1 BACKGROUND AND CONTEXT ...... 1
1.2 PURPOSE OF THIS STATEMENT ...... 1
1.3 STRUCTURE OF THIS STATEMENT ...... 2
2.0 Compliance with the Basic Conditions ...... 3
2.1 WHAT ARE THE BASIC CONDITIONS? ...... 3
2.2 REGARD TO NATIONAL POLICIES AND ADVICE ...... 3
2.3 REGARD TO THE DESIRABILITY OF PRESERVING HISTORIC ASSETS ...... 4
2.4 CONTRIBUTES TO SUSTAINABLE DEVELOPMENT ...... 4
2.5 GENERAL CONFORMITY WITH THE STRATEGIC POLICIES CONTAINED IN THE TDBC DEVELOPMENT PLAN...... 6
2.6 COMPATIBILITY WITH EU OBLIGATIONS ...... 6
2.7 PRESCRIBED CONDITIONS AND MATTERS ...... 6
3.0 Environmental Report ...... 8
3.1 ENVIRONMENTAL REQUIREMENTS ...... 8
3.2 STRATEGIC ENVIRONMENTAL ASSESSMENT ...... 8
3.3 HABITAT REGULATIONS ASSESSMENT ...... 8
4.0 Summary and conclusions ...... 9
4.1 SUMMARY ...... 9
4.2 CONCLUSIONS ...... 9
Appendices
Appendix A: SEA Screening Report Appendix B: Statutory consultee responses to SEA Screening Report Appendix C: Habitat Regulations Assessment
1.0 Introduction
1.1 Background and Context
1.1.1 WYG has prepared the Creech St Michael submission draft Neighbourhood Development Plan (NDP) on behalf of Creech St Michael Parish Council which is the qualifying body as defined under the Localism Act, Section 61F of the Town and Country Planning Act 1990 (as amended) for the purpose of producing a NDP.
1.1.2 The NDP process has been led by the Neighbourhood Plan Panel which is made up of Parish Councillors, Parishoners appointed by Creech St Michael Parish Council and the Parish Clerk. WYG and Taunton Deane Borough Council (TDBC) have also provided an advisory role to the Panel and the Parish Council throughout the process.
1.1.3 The submission draft NDP includes a profile of the NDP area. Consultation activities are explained within the Consultation Statement. Together, the area profile and consultation feedback has informed the vision for the area that is contained in the submission draft NDP. Eleven draft policies are also included within the submission draft NDP relating to the following planning matters, which deliver the vision:
• Traffic and transport
• Housing
• Design
• Business and employment
• Community
• Facilities and services
1.2 Purpose of this Statement
1.2.1 This Statement forms part of a suite of documents prepared in connection with the submission draft of the NDP by the qualifying body to the local planning authority TDBC under Regulation 15(1) of the Neighbourhood Planning (General) Regulations 2012 (as amended) (hereinafter referred to as the “Regulations”). The following requirements of the Regulation 15(1) are addressed specifically within this Statement:
d) A statement explaining how the proposed neighbourhood development plan meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act; and
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e) (i) An environmental report prepared in accordance with paragraphs (2) and (3) of Regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004; or
(ii) Where it has been determined under Regulation 9(1) of those Regulations that the plan proposal is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a statement of reasons for the determination.
1.2.2 The submission draft NDP itself, the Consultation Statement and a statement including a map of the designated NDP area have been provided separately from this Statement, in accordance with Regulation 15(1A)-(1C).
1.3 Structure of this Statement
1.3.1 This Statement includes the following:
• Section 2.0: Compliance with the Basic Conditions as required under R.15(1D) of the Regulations
• Section 3.0: Environmental Report as required under R.15(1E) of the Regulations
• Section 4.0: Summary and Conclusions
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2.0 Compliance with the Basic Conditions
2.1 What are the basic conditions?
2.1.1 The basic conditions required to be met under R.15(1D) of the Regulations are set out within paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 (as amended). Paragraph 8(2) is reproduced at Figure 1 below for ease of reference:
2 A draft order meets the basic conditions if—
(a)having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order,
(b) having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order,
(c) having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order,
(d) the making of the order contributes to the achievement of sustainable development,
(e) the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area),
(f) the making of the order does not breach, and is otherwise compatible with, EU obligations, and
(g)prescribed conditions are met in relation to the order and prescribed matters have been complied with in connection with the proposal for the order.
Figure 1: Basic Conditions contained in the 1990 Act
2.1.2 Compliance with each of the basic conditions is explained in full below:
2.2 Regard to national policies and advice
2.2.1 The submission draft NDP has been prepared with full regard being paid to national planning policies contained in the National Planning Policy Framework (NPPF) and this has been referred to within the “Justification and conformity with Core Strategy and NPPF” section that accompanies each draft policy. Reference has also been made to national advice where relevant within the same section.
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2.2.2 In March 2018, the Ministry of Housing, Communities and Local Government (MHCLG) published the NPPF: Draft text for consultation. The consultation runs until June 2018 and therefore at this stage little weight can be applied to the policies and guidance contained therein. Nonetheless, regard has been had to the consultation document in the drafting of the submission draft NDP and it is considered that its policies are in conformity with this consultation document.
2.3 Regard to the desirability of preserving historic assets
2.3.1 R.15(1B) and R.15(1C) apply to Local Development Orders only and not the making of NDPs and are therefore not considered further within this Statement.
2.4 Contributes to sustainable development
2.4.1 The different roles of the planning system in contributing to achieving sustainable development are set out within paragraph 7 of the NPPF. An explanation of how each policy within the submission draft NDP seeks to contribute to the achievement of sustainable development through these identified roles is provided in Table 1 below:
Submission draft NDP Policy: Role in contributing to sustainable development:
CSM1: Cycle and footpath network Mitigation and adaptation to climate change including moving to a low carbon economy will be achieved through the policy by enhancing the capacity and usability of the local cycle network, to help promote a reduction in car use
The provision of improved infrastructure for health and well-being will support strong, vibrant and healthy communities through
CSM2: Traffic Management Plan Encouraging strong, vibrant and healthy communities will be achieved through initiatives to promote road safety and create a safe environment for people to live and travel within
CSM3: Housing to meeting local needs Providing a supply of housing required to meet the locally identified need will help to support strong, vibrant and healthy communities by
CSM4: Quality of design Promoting the creation of high-quality built environment will be achieved through the implementation of a bespoke policy evidenced through local consultation and evidence
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CSM5: Employment The policy will contribute to building a strong, responsive and competitive economy by supporting the creation of new start up units and employment generating uses to support growth
CSM6: Community cohesion Supporting a strong, vibrant and healthy community will be achieved by ensuring that the social, economic and environmental impacts of new development are properly assessed and addressed
Promoting integration between existing and new communities through welcome packs and consideration of local issues within new development will help to support health, social and cultural well-being
CSM7: Public Realm Improvement Plan Delivering accessible local services that reflect the needs of the community evidenced through consultation will help to support health, social and cultural well-being
CSM8: Sports, leisure and recreational facilities The policy will deliver improvements to valued local services that reflect the needs of the community evidenced through consultation and support the health, social and cultural well-being of the population as a whole through these improvements
CSM9: Protection of Community Assets The policy seeks to protect valued buildings and facilities to promote a strong and vibrant community
CSM10: Local green spaces The protection and enhancement of local green spaces will protect valued landscapes and will also promote a strong and vibrant community and contribute to enhancing the natural environment for the future
CSM11: Green wedge Contributing to protecting and enhancing the natural and built environment will be achieved through the avoidance of coalescence
Promoting a plan led approach by reflecting and building upon the evidence to support CS Policy CP8 will contribute towards sustainable development in line with the wider spatial strategy
Table 1: Role of the submission draft NDP to contribute to sustainable development
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2.5 General conformity with the strategic policies contained in the TDBC Development Plan
2.5.1 Planning policies contained within TDBC’s Development Plan are summarised within Section 6.0 of the submission draft NDP. For each draft policy, compliance with TDBC’s Development Plan policies has been set within the “Justification and conformity with Core Strategy and NPPF” section accompanying each policy.
2.6 Compatibility with EU obligations
2.6.1 The following EU Directives are required to be complied with in relation to NDPs:
• Directive 2001/42/EC (the Strategic Environmental Assessment (SEA) Directive
• Directive 92/43/EEC (the Habitats and Wild Birds Directive)
2.6.2 The submission draft NDP has been screened out of requiring assessment under these Directives and further explanation is provided at Section 3.0 of this Statement.
2.6.3 The submission draft NDP and the policies it contains are considered to be compliant with the Convention Rights (Human Rights Act 1998).
2.7 Prescribed conditions and matters
2.7.1 R.32 and R.33 of the Regulations 2012 set out further basic conditions in addition to those set out in the primary legislation as follows:
• the making of the neighbourhood plan is not likely to have a significant effect on a European site (as defined in the Conservation of Habitats and Species Regulations 2012) or a European offshore marine site (as defined in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007) either alone or in combination with other plans or projects.
• having regard to all material considerations, it is appropriate that the Neighbourhood Development Order is made (see Schedule 3 to the Neighbourhood Planning (General) Regulations 2012 (as amended), where the development described in an order proposal is Environmental Impact Assessment development.
2.7.2 The Hestercombe House SAC is located approximately 2.2km to the north west of the NDP area. The Somerset Levels and Moors RAMSAR, SPA and SSSI lie directly to the east and are functionally linked to the network of rhynes and floodplain that are located within the NDP area.
2.7.3 It is considered that the making of the submission draft NDP will not have a significant effect on either of these European sites (either alone or in combination with other plans or projects). This is confirmed
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within the Habitat Regulations Assessment screening process which is discussed in more detail at Section 3.0 of this Statement.
2.7.4 With regards to Environmental Impact Assessment, and having regard to the requirement within bullet point 2 above, the submission draft NDP has been considered under the SEA Directive which is explained in further detail at Section 3.0.
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3.0 Environmental Report
3.1 Environmental Requirements
3.1.1 Under R.15(1D) and (1E) of the Regulations, an environmental report must be prepared to identify, describe and evaluate the likely significant effects on the environment of implementing the submission draft NDP and any reasonable alternatives.
3.1.2 To this end, the Regulation 14 draft of the NDP was subject to Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) screening which is set out in more detail within sub-sections 3.2 and 3.3 below. Since the Regulation 14 draft, the NDP has been revised to reduce the number of policies included (from 14no. to 11no.) and changes to the wording of some policies to reflect consultation feedback. Overall, there have been no significant changes to the NDP and its policies that would prejudice the conclusions arrived at for the Regulation 14 draft and the screening outcomes remain relevant.
3.2 Strategic Environmental Assessment
3.2.1 A SEA screening report was prepared on behalf of TDBC in January 2018. The report is included at Appendix A of this Statement and it concludes that significant effects on the environment are considered unlikely to occur as a result of the submission draft NDP and its policies. The reasons for this conclusion are set out in detail throughout the SEA Screening Report as each specific potential effect is considered. The conclusion drawn is supported by the three statutory consultees and their formal responses have been included at Appendix B.
3.3 Habitat Regulations Assessment
3.3.1 A HRA was carried out by Somerset County Council on behalf of Creech St Michael Parish Council in January 2018. As the “competent authority” Creech St Michael Parish Council are required, under the Conservation of Habitats and Species Regulations 2017, to assess the potential effects of the making of the NDP on Natura 2000 sites.
3.3.2 The HRA concluded that the NDP is unlikely to have a significant effect on the conservation objectives of any European site. A copy of the HRA can be found at Appendix C.
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4.0 Summary and conclusions
4.1 Summary
4.1.1 The submission draft NDP has been prepared having regard to national planning policies and advice and is in general conformity with TDBC’s Development Plan including the Core Strategy and SADMP.
4.1.2 Overall it is considered that the submission draft NDP policies will contribute to achieving sustainable development as defined within the NPPF and set out within Table 1 of this Statement.
4.1.3 Consideration has been given to compliance with EU obligations and the making of the NDP has been screened under the SEA Directive and Habitats Directive. It is considered that the submission draft NDP can be screened out of both assessment processes.
4.2 Conclusions
4.2.1 In conclusion it is considered that the submission draft NDP meets the basic conditions as set out within paragraph 8 of Schedule 4B of the Town and Country Planning Act 1990 (as amended) and all other requirements of Regulation 15(1) of the Regulations.
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Appendix A SEA Screening Report
Strategic Environmental Assessment of the Creech St Michael Neighbourhood Plan
Screening Report
January 2018
Strategic Environmental Assessment of the Creech St Michael Neighbourhood Development Plan
SEA Screening Document
LC-354 Document Control Box
Client Taunton Deane Borough Council
Report Title SEA Screening of the Creech St Michael Neighbourhood Plan
Status Draft
Filename LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx
Date January 2018
Author JE
Reviewed NJD
Approved NJD
Photo: The Church of St Michael by Robert Cutts
About this report & notes for readers
Lepus Consulting Ltd (Lepus) has prepared this report for the use Consulting accepts no responsibility to the client and third parties of Taunton Deane Borough Council. There are a number of of any matters outside the scope of this report. Third parties to limitations that should be borne in mind when considering the whom this report or any part thereof is made known rely upon results and conclusions of this report. No party should alter or the report at their own risk. change this report whatsoever without written permission from Lepus. Client comments can be sent to Lepus using the following © Lepus Consulting Ltd address.
The conclusions below are based on the best available 1 Bath Street, information, including information that is publicly available. No Cheltenham attempt to verify these secondary data sources has been made and they have assumed to be accurate as published. Gloucestershire GL50 1YE This report was prepared from July to August 2017 and is subject Telephone: 01242 525222 to and limited by the information available during this time. E-mail: [email protected] www.lepusconsulting.com This report has been prepared with reasonable skill, care and diligence within the terms of the contract with the client. Lepus
SEA Screening of the Creech St Michael Neighbourhood Plan January 2018 LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx
Contents
1 Introduction ...... 1 1.1 This report ...... 1 1.2 Strategic Environmental Assessment ...... 1 1.3 The Creech St Michael Neighbourhood Plan ...... 1 1.4 Local context ...... 4 1.5 TBDC Core Strategy ...... 7
2 The Screening Process ...... 11 2.1 Strategic Environmental Assessment screening ...... 11 2.2 The screening process ...... 11 2.3 Relevance to the SEA Directive ...... 13 2.4 Determination of significant effects ...... 15 2.5 Biodiversity, flora and fauna ...... 15 2.6 Population and human health ...... 16 2.7 Soil, water and air ...... 16 2.8 Climatic Factors ...... 18 2.9 Material assets ...... 18 2.10 Cultural heritage (Inc. architectural and archaeological) ...... 19 2.11 Landscape ...... 19 2.12 SEA Screening outcome ...... 20 3 Next steps ...... 21 3.1 Consultation ...... 21 3.2 Conclusion ...... 21
Appendix A: Consultation Responses ...... 22
Appendix B: Policies Proposed in the Creech St Michael NDP ...... 23
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Acronyms
AONB Area of Outstanding Natural Beauty EIA Environmental Impact Assessment LCA Landscape Character Area NDP Neighbourhood Development Plan NPPF National Planning Policy Framework ODPM Office of the Deputy Prime Minister PP Policy or Programme SA Sustainability Appraisal SEA Strategic Environmental Assessment SSSI Site of Special Scientific Interest SuDS Sustainable Drainage System
Figures and Tables
Figure 1.1 Neighbourhood Plan Boundary Figure 1.2 Creech St Michael Parish and its context Figure 1.3 Creech St Michael – Special Protection Areas Figure 1.4 Creech St Michael – SSSIs and IRZs Figure 1.5 AONBs in relation to the Parish of Creech St Michael Figure 1.6 Agricultural Land Classification in Creech St Michael Figure 1.7 Fluvial flooding risk in Creech St Michael Figure 1.8 Heritage assets in Creech St Michael Figure 2.1 Application of the SEA Directive to plans and programmes Table 2.1 Establishing whether there is a need for SEA Table 2.2 Creech St Michael Neighbourhood Plan and the SEA Directive
Lepus Consulting for Taunton Deane Borough Council ii SEA Screening of the Creech St Michael Neighbourhood Plan January 2018 LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx
1 Introduction
1.1 This report
1.1.1 This screening report has been prepared to determine whether the Creech St Michael Neighbourhood Plan (NDP) should be subject to a Strategic Environmental Assessment (SEA) in accordance with the European Directive 2001/42/EC (SEA Directive) and associated Environmental Assessment of Plans and Programmes Regulations 2004 (SEA Regulations).
1.2 Strategic Environmental Assessment
1.2.1 The basis for Strategic Environmental Assessment legislation is European Directive 2001/42/EC. This was transposed into English law by the Environmental Assessment of Plans and Programmes Regulations 2004 (SEA Regulations). Detailed guidance of these regulations can be found in the Government publication ‘A Practical Guide to the Strategic Environmental Assessment Directive’ (ODPM, 2005) and Paragraph 009 of the Planning Practice Guidance (PPG) ‘Neighbourhood Planning’ section.
1.2.2 Under the requirements of the European Union Directive 2001/42/EC and Environmental Assessment of Plans and Programmes Regulations (2004), certain types of plans that set the framework for the consent of future development projects must be subject to an environmental assessment.
1.3 The Creech St Michael Neighbourhood Plan
1.3.1 The creation of neighbourhood development plans started with the Government’s Localism Act 2011. The Act set out a series of measures to shift power away from central government and towards local people. One of the Localism Act’s key components is the Neighbourhood Development Plan; a new tier in planning policy which enables local people to shape the development of the community in which they live.
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1.3.2 The Creech St Michael Neighbourhood Plan Area (see Figure 1.1) was designated by Taunton Deane Borough Council. The Neighbourhood Plan and its policies will guide future development in the Parish for the period 2017 – 2028, constituting a material consideration that influences and determines the process of planning applications. These policies have been informed by the preparation of:
• Taunton Deane Borough Council’s evidence base; • Housing needs survey, September 2017; • Ecology survey, Autumn 2017; and • SEA Screening report.
1.3.3 Creech St Michael aspires to be a safe and friendly environment, whilst remaining rural, peaceful and green in 20 years’ time. In order to help achieve this, the Neighbourhood Plan has the following objectives:
• To deliver housing growth that is tailored to the needs of the Parish as a whole; • To ensure sensitive and sustainable development which protects, enhances and enriches the landscape of the Parish; • To sustain and improve local facilities for existing and new residents in the Parish; • To strengthen and support new and existing business activity; • To improve and enhance transport facilities and digital connectivity; • To improve and enhance leisure and cycle routes, including leisure trails and associated facilities; • To prioritise local village and settlement distinctiveness in every element of change and growth; and • To protect our green spaces and landscapes, waterways and the natural environment generally To involve all Parishioners in the monitoring and delivery of the vision.
1.3.4 The NDP proposes a total of 14 policies (see Appendix B) under the following themes:
• Road safety and transport; • Housing and design; • Business and employment; • Facilities and services; • Open and green spaces; and • Environment.
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1.3.5 Each of these policies have been screened in this report to determine their environmental impacts.
Consultation
1.3.6 The NDP is subject to public consultation, which provides an opportunity for the public and local organisations to comment on the NDP. After consultation, responses are taken into account and used to prepare a ‘submission draft’ of the NDP.
1.3.7 The submission version of the NDP is then subject to inspection by the Independent Examiner. If the Independent Examiner approves the NDP it will be subject to a local referendum. If 50% or more of people voting in the referendum support the NDP, then the NDP will be adopted, will gain statutory status and will become integral to the Taunton Deane Borough Council Core Strategy.
Figure 1.1: Neighbourhood Plan Boundary, which is contiguous with Creech St Michael Parish boundary, in red (OS Data)
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1.4 Local context
1.4.1 The Parish of Creech St Michael sits just east of the town of Taunton in Somerset. The Parish shares borders with West Monkton Parish in the west, North Curry Parish in the east, Ruishton as well as Thornfalcon in the south, Durston in the north east and Thurloxton as well as North Petherton in the north. Creech St Michael is a Parish of the Taunton Deane Borough Council (TDBC) administrative area and the Neighbourhood Plan will therefore need to be in accordance with the TDBC Core Strategy.
1.4.2 The M5 runs through the Parish with the village of St Michael lying just to the east of Junction 25 (see Figure 1.2). Settlements in the Parish include the village of Creech St Michael as well as the hamlets of Charlton, Creech Heathfield, Ham, Adsborough, Coombe, Langaller and Walford. Outside of the settlements the region is primarily grazed farmland and the Parish is considered to comprise an important component of the Vale of Taunton and Quantock Fringes National Character Area. The Parish is also an important ecological network connecting Quantock Hills AONB in the north west with Blackdown Hills AONB in the south east.
1.4.3 The 2011 Census recorded a population of 2,416 in the Parish, with 1,769 of these residents living in the village of Creech St Michael. TBDC’s Core Strategy allocated a development of 4,500 new homes, 22.5ha of employment land, 3 new schools and associated infrastructure in Monkton Heathfield. Approximately 45% of this development will be in the Parish of Creech St Michael. In addition to this, 139 dwellings have been allocated within Creech St Michael across three sites, each adopted through the Small Sites and Development Management Policies DPD. The cumulative impact of these developments will be likely to impact on the Parish and its services.
1.4.4 25.4% of the Parish population is aged 65 years or older, significantly higher than the national average of 16.4%. 56.3% of people in the Parish are of working age (16 – 64), lower than the national average of 64.7%. Unemployment in the Parish is just 1.8%, which is less than half the national average.
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1.4.5 Key local landmarks include the 13th century Parish Church of St Michael, the Village Hall, the Baptist Church and the local Mill which now houses small industrial units. The village supports a range of services, including a shop, post office, two pubs, surveyors, hairdressers, veterinary practice, day care nursery, undertaker, local garages, florist, slaughter house, sign writers, eco-wood shop and granite and timber suppliers. The village also has a primary school and two pre-schools.
1.4.6 Throughout the UK are a range of habitats and species protected under varying international, national and local designations. Within the Parish, there are no Local Nature Reserves (LNRs), National Nature Reserves (NNRs), Special Areas of Conservation (SACs) or stands of Ancient Woodland (woodland that has existed continuously since the year 1600 or before). Adjacent to the south eastern border of the Parish is the Somerset Levels Moors Special Protection Area (SPA), which is also the Currey and Hay Moors Site of Special Scientific Interest (SSSI) (see Figure 1.3 and Figure 1.4). Natural England have developed SSSI Impact Risk Zones (IRZs) which identify development within certain distances of each SSSI which could potentially adversely impact the SSSI. The Parish of Creech St Michael falls within IRZs of several SSSIs (see Figure 1.4). The River Tone and Bridgwater Canal are designated Local Wildlife Sites which provide important habitat and foraging networks for protected species of bats, otters (Lutra lutra) and water voles (Arvicola amphibius).
1.4.7 The Parish is located outside the Green Belt and is not within or adjacent to an AONB. 2.2km north west of the parish is the Quantock Hills AONB and 7.2km south west is the Blackdown Hills AONB (see Figure 1.5). Soils in the Parish vary in their agricultural value, from Grade 2 in the Agricultural Land Classification to Urban (see Figure 1.6).
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Figure 1.2: Creech St Michael Parish and its context, showing urban areas and nearby transport links
Figure 1.3: Creech St Michael – Special Protection Areas
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1.4.8 Running through the Parish and main village is the River Tone as well as the Chard Canal and its associated tow path. An area in the southern half of the Parish is located in Flood Zones 2 and 3 (see Figure 1.7). The Environment Agency zones land according to the level of risk it faces from flooding:
• Flood Zone 1: Land has < 1/1000 annual probability of flooding; • Flood Zone 2: Land has between a one in 100 and one in 1,000 annual probability of flooding; • Flood Zone 3a: Land has a greater annual probability of flooding than one in 100; and • Flood Zone 3b: Land where water inevitably must go in times of flooding (and therefore the most likely land to flood).
1.4.9 There are 34 Listed Buildings in the Parish, mostly clustered around the main village, including the Grade I Listed Church of St Michael (see Figure 1.8). There are no Scheduled Monuments, Registered Parks and Gardens or Country Parks within the Parish.
1.5 TBDC Core Strategy
1.5.1 The NDP is a land-use plan, prepared for town and country planning purposes. It sets out a vision and objectives for the Parish, as well as 14 policies, in order to provide a framework for future development consents within the Creech St Michael Parish. Once adopted, the NDP will form part of the framework for planning in Taunton Deane Borough, along with the Core Strategy and other development plan documents and supplementary planning documents.
1.5.2 The NDP will be used to guide development and to help determine future planning applications. This important legal position means that it has to have regard to national planning policy and to be in “general conformity” with the strategic planning policies set out in the Taunton Deane Core Strategy 2011 – 2028, which was successfully adopted in 20121.
1 TBDC Core Strategy 2011 – 2028, available online at: http://www.tauntondeane.gov.uk/media/1745/adopted-core-strategy-2011-2028.pdf . Accessed 22.01.18
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Figure 1.4: Creech St Michael – SSSIs and IRZs
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Figure 1.5: AONBs in relation to the Parish of Creech St Michael
Figure 1.6: Agricultural Land Classification in Creech St Michael
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Figure 1.7: Fluvial flooding risk in Creech St Michael
Figure 1.8: Heritage assets in Creech St Michael
Lepus Consulting for Taunton Deane Borough Council 10 SEA Screening of the Creech St Michael Neighbourhood Plan January 2018 LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx 2 The Screening Process
2.1 Strategic Environmental Assessment screening
2.1.1 The process for determining whether or not an SEA is required is called screening. In order to screen, it is necessary to determine if a Plan (in this case a Neighbourhood Plan) will have significant environmental effects using the criteria set out in Annex II of the SEA Directive and Schedule I of the SEA Regulations. A determination cannot be made until the three statutory consultation bodies have been consulted: The Environment Agency, Natural England and Historic England.
2.1.2 Within 28 days of its determination the Plan makers must publish a statement that sets out their decision. If they determine that an SEA is not required, the statement must include the reasons for this.
2.2 The screening process
2.2.1 The Localism Act requires NDPs to be in general conformity with the strategic policies of the adopted development plan for the local area. In the case of Creech St Michael, the NDP must be in general conformity with the Taunton Deane Core Strategy 2011 - 2028.
2.2.2 Paragraph 009 of the Planning Practice Guidance (PPG) ‘Neighbourhood Planning’ section states:
‘Where a neighbourhood plan is brought forward before an up-to-date Local Plan is in place the qualifying body and the local planning authority should discuss and aim to agree the relationship between policies in: • The emerging neighbourhood plan • The emerging Local Plan • The adopted development plan
with appropriate regard to national policy and guidance’.
2.2.3 This suggests that the emerging NDP and Core Strategy should be complementary.
Lepus Consulting for Taunton Deane Borough Council 11 Background and Context SEA Screening of the Creech St Michael Neighbourhood Plan January 2018 LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx 2.17 Under Article 3(8), the Directive does not apply to: 2.2.4 presents a diagram prepared by the ODPM (2005). This shows • plansFigure and programmes 2.1 the sole purpose of which is to serve national defence or civil emergencythe application of the SEA process to plans and programmes. The • financialsequential or budget approach plans and programmes in the flow diagram will be used to screen the • plansCreech and programmes St Michael supported NDP. by the EU Structural Funds and the European Agricultural Guidance and Guarantee Fund for the programming periods from 2000 to 2006 or 2007 (under Council Regulations (EC) Nos 1260/1999 and 1257/1999), on which 2.2.5 programmeTable 2.1 spending uses the continues questions until thepresented end of 2008. in Figure 2.1 to establish whether
2.18 Figure 2 showsan SEA the of Directive’s the Creech field Stof applicationMichael Neighbourhood in the form of a diagram. Plan is necessary.
Figure 2 – Application of the SEA Directive to plans and programmes This diagram is intended as a guide to the criteria for application of the Directive to plans and programmes (PPs). It has no legal status.
1. Is the PP subject to preparation and/or adoption by a national, regional or local authority OR prepared by an No to both criteria authority for adoption through a legislative procedure by Parliament or Government? (Art. 2(a))
Yes to either criterion
2. Is the PP required by legislative, regulatory or No administrative provisions? (Art. 2(a))
Yes
3. Is the PP prepared for agriculture, forestry, fisheries, energy, No to 4. Will the PP, in view of its industry, transport, waste management, water management, either likely effect on sites, telecommunications, tourism, town and country planning or criterion require an assessment land use, AND does it set a framework for future under Article 6 or 7 of development consent of projects in Annexes I and II to the the Habitats Directive? EIA Directive? (Art. 3.2(a)) (Art. 3.2(b))
Yes No Yes to both criteria 6. Does the PP set the 5. Does the PP determine the use of small areas at local level, framework for future OR is it a minor modification of a PP subject to Art. 3.2? Yes to development consent of No (Art. 3.3) either projects (not just projects criterion in Annexes to the EIA No to both criteria Directive)? (Art. 3.4) Yes 7. Is the PP’s sole purpose to serve national defence or civil 8. Is it likely to have a emergency, OR is it a financial or budget PP, OR is it Yes No significant effect on the co-financed by structural funds or EAGGF programmes environment? (Art. 3.5)* 2000 to 2006/7? (Art. 3.8, 3.9)
No to all criteria Yes to any criterion
DIRECTIVE DOES NOT DIRECTIVE REQUIRES SEA REQUIRE SEA
*The Directive requires Member States to determine whether plans or programmes in this category are likely to have significant environmental effects. These determinations may be made on a case by case basis and/or by specifying types of plan or programme.
13 Figure 2.1: Application of the SEA Directive to plans and programmes2
2ODPM (2005) A Practical Guide to the Strategic Environmental Assessment Directive
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Table 2.1: Establishing whether there is a need for SEA
Stage YN Reason
1. Is the PP (plan or programme) subject The plan constitutes an NDP, which will be to preparation and/or adoption by a subject to independent examination and brought national, regional or local authority OR into legal force if it receives 50% or more prepared by an authority for adoption Y affirmative votes at referendum. The NDP would through a legislative procedure by Parliament or Government? (Art. 2(a)) form part of the statutory development plan for Taunton Deane.
2. Is the PP required by legislative, Communities and neighbourhoods have a right regulatory or administrative provisions? to produce an NDP, however it is not required by (Art. 2(a)) legislative, regulatory or administrative bodies. N However, if the NDP is adopted it would become part of the statutory development plan (Local Plan) and should therefore continue to be screened under the SEA Directive.
3. Is the PP prepared for agriculture, The NDP is a land-use plan and sets the forestry, fisheries, energy, industry, framework for future development consents transport, waste management, water within the Creech St Michael area. management, telecommunications, However, the NDP does not set a framework for tourism, town and country planning or N consent of projects in Annex 1 of the EIA land use, AND does it set a framework for Directive. future development consent of projects in Annexes I and II to the EIA Directive? (Art 3.2(a))
4. Will the PP, in view of its likely effect The Creech St Michael NDP is not considered to on sites, require an assessment for future have a likely significant effect on any European N development under Article 6 or 7 of the sites. Habitats Directive? (Art. 3.2 (b))
5. Does the PP set the framework for The NDP identifies a range of development future consent of projects (not just guidelines for Creech St Michael parish. Y projects in Annexes to the EIA Directive)? (Art 3.4)
6. Is it likely to have a significant effect See Section 2.5 – 2.12. N on the environment? (Art. 3.5)
2.3 Relevance to the SEA Directive
2.3.1 Question 8 within the ODPM guidance (see Figure 2.1) refers to whether the NDP would have a significant effect on the environment. The criteria from Annex II of the SEA Directive and Schedule 1 of the Environmental Assessment of Plans and Programmes Regulations (SEA Regulations, 2004) can be used to consider the relevance of the plan to the SEA Directive (see Table 2.2). Section 2.5 – Section 2.12 considers likely environmental effects of the plan.
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Table 2.2: Creech St Michael NDP and the SEA Directive
Criteria (from Annex II of SEA Directive and Response Schedule I of Regulations)
The characteristics of plans and programmes
(a) the degree to which the plan or programme The NDP is prepared for town and country sets a framework for projects and other planning and will form a part of the activities, either with regard to the location, development management framework for nature, size and operating conditions or by Creech St Michael Parish. allocating resources
(b) the degree to which the plan or programme The NDP must be in general conformity with influences other plans and programmes the planning policies set out in the Taunton including those in a hierarchy Deane Core Strategy (2011-2028), the National Planning Policy and European Directives.
(c) the relevance of the plan or programme for The NDP contains policies which are designed the integration of environmental considerations to help protect recreational facilities, local in particular with a view to promoting green spaces and important green wedges. sustainable development
(d) environmental problems relevant to the plan Key issues include: or programme 1. Potential impacts on the natural environment; and 2. Potential impacts on the setting of historic assets.
(e) the relevance of the plan or programme for The NDP is a land-use plan and sets the the implementation of Community legislation framework for future development consents on the environment (for example, plans and within the Creech St Michael NDP area. programmes linked to waste management or It includes policies which planning applications water protection) within the NDP area will need to adhere to.
Characteristics of the effects and of the area likely to be affected
(a) the probability, duration, frequency and The NDP is not expected to result in any reversibility of the effects significant environmental effects.
(b) the cumulative nature of the effects The NDP is not anticipated to have any significant cumulative effects and is not expected to contribute to cumulative impacts in combination with the Taunton Deane Core Strategy.
(c) the transboundary nature of the effects The NDP is not expected to give rise to any significant transboundary environmental effects.
(d) the risks to human health or the There are no anticipated adverse effects on, or environment (for example, due to accidents) risks for, human health as a result of the NDP.
(e) the magnitude and spatial extent of the The NDP is unlikely to result in any significant or effects (geographical area and size of the adverse environmental effects. Some policies population likely to be affected) will be likely to help preserve and enhance environmental features within the Parish.
(f) the value and vulnerability of the area likely (iii) The NDP is not expected to adversely affect to be affected due to: the special natural characteristics or cultural (i) special natural characteristics or cultural heritage of the Parish. The NDP would not be heritage expected to lead to the exceedance of environmental standards or to promote
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(ii) exceeded environmental quality intensive land use. standards or limit values (iii) intensive land-use
(g) the effects on areas or landscapes which The NDP is unlikely to result in any adverse have a recognised national, Community or impacts on protected landscapes. international protection status
2.4 Determination of significant effects
2.4.1 The Creech St Michael NDP sets out various policies which future development in the Parish would need to accord with. A summary of baseline conditions is provided in Chapter 1 and Chapter 2, and an assessment of the potential effects of the NDP against each of the topics set out in Annex I (f) of the SEA Directive is presented below.
2.4.2 No policy in the Creech St Michael Neighbourhood Plan proposes development. Each policy is designed to help ensure that any development which occurs in the Parish, such as the portion of the
2.5 Biodiversity, flora and fauna
2.5.1 SSSI Impact Risk Zones (IRZs) allow for a rapid initial assessment of the potential risks posed by development proposals. They define zones around each SSSI site which reflect the particular sensitivities of the features for which it is notified and indicate the types of development which could potentially have adverse impacts.
2.5.2 The Parish falls within the IRZs of Thurlbear Wood and Quarrylands SSSI, Hestercombe House SSSI, Curry and Hay Moors SSSI and West Sedgemoor SSSI (see Figure 1.4). The NDP does not propose any development that could result in an adverse impact on any of these SSSIs.
2.5.3 Overall, the NDP is anticipated to help preserve and enhance biodiversity, flora and fauna in the Parish. This is because of policies including CSM 10 – Protection of Community Assets, which will resist any development which will result in the loss of, or partial loss of, important community assets. This includes several local fields and copses.
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2.5.4 Other policies in the NDP anticipated to help protect and enhance biodiversity, flora and fauna in the Parish include:
• CSM 12 – Existing Local Green Space; • CSM 13 – New Local Green Space; • CSM 14 – Green Wedge; and • CSM 8 – Sports, leisure and recreational facilities.
2.5.5 Overall, the NDP is anticipated to help protect and enhance biodiversity, flora and fauna in the local area. An adverse and/or significant impact caused by the NDP is not expected.
2.6 Population and human health
2.6.1 The NDP is anticipated to help ensure that the local community and services in the Parish facilitate healthy and active lifestyles for local residents:
• CSM 1 – Cycle and footpath network; this policy will be likely to help encourage walking and cycling rates in the Parish. It would also be likely to reduce congestion, thereby making the Parish a safer place for pedestrians as well as reducing road transport associated
emissions, such as PM2.5, which are harmful to human health; • CSM 2 – Traffic management plan; this policy would also be likely to reduce congestion, thereby making the Parish a safer place for pedestrians as well as reducing road transport associated emissions,
such as PM2.5, which are harmful to human health; • CSM 8 – Sports, leisure and recreational facilities; this policy would be likely to help protect key recreational facilities in the Parish, thereby facilitating active lifestyles of local residents; and • CSM – 9; New recreational, sporting and community facilities; this policy could help to lead to new facilities being delivered in the local area, thereby further facilitating active lifestyles of local residents.
2.6.2 The NDP is not anticipated to result in adverse or significant impacts on the local population or the health and wellbeing of residents.
2.7 Soil, water and air
2.7.1 It is considered to be highly unlikely that the NDP would result in a significantly adverse impact on local soil, water and/or air resources.
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2.7.2 The NDP does not allocate new development in the Parish area. The NDP sets out policies with which new development should accord. The following policies would be anticipated to help ensure that adverse impacts of future development in the Parish on local soils are minimised:
• CSM 8 – Sports, leisure and recreational facilities; this policy would be likely to help protect key recreational facilities in the Parish, including the recreational park, the school playing field, aqueduct and former canal and the canal towpath; • CSM 10 – Protection of community assets; this policy will help to protect several fields and copses of trees throughout the Parish from development. Soils in these protected areas will naturally benefit from this; • CSM 12 – Existing Local Green Space; This policy will help to protect green spaces are valuable fields for recreation, leisure and local landscape character purposes; and • CSM 14 – Green Wedge; this policy will help to protect green space land between Creech St Michael and Monkton Heathfield.
2.7.3 Policies CSM 1 Cycle and footpath network and CSM 2 Traffic management plan will be likely to reduce road transport in the Parish. Road transport associated emissions, which are a primary cause of air pollution and poor air quality in urban areas, will be likely to reduce as a result of this.
2.7.4 The River Drone and some associated tributaries run through the Parish. A fairly large portion of the Parish is therefore located in the EA’s Flood Zones 2 and 3.
2.7.5 The NDP would not be expected to adversely impact on the risk of flooding in the Parish or the quality of waterways in the Parish. Development in the Parish should be in accordance with Policy CP8 Environment of the TDBC Core Strategy, whereby new development should be directed away from the floodplain.
2.7.6 It is considered to be likely that the soil, water and air of the Parish will benefit as a result of the NDP.
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2.8 Climatic Factors
2.8.1 The NDP is motivated by the need for a sustainable future and a low carbon economy, as well as the mitigation of the worst effects of climate change. Development in the Parish will need to be in accordance with Policy CP 1 Climate Change of the TDBC Core Strategy, wherein development proposals should result in a sustainable environment and will be required to demonstrate that the issue of climate change has been addressed.
2.8.2 Policy CSM1 cycle and footpath network, as well as policy CSM 2 Traffic management plan, will be expected to help reduce road transport and congestion in the parish and thereby reduce road transport associated greenhouse gas (GHG) emissions. Additionally, Policy CSM4 Quality of design will help to ensure future development in the Parish utilises sustainable construction methods and minimises the use of non- renewable resources. This would be likely to help reduce construction works related GHG emissions in the Parish.
2.8.3 Overall it is considered to be likely that the NDP will help to reduce the local area’s contribution towards the causes of climate change. An adverse or significant impact on climatic factors as a result of the NDP is not expected.
2.9 Material assets
2.9.1 The material assets topic considers social, physical and environmental infrastructure. This sub-section should be read alongside ‘Population and human health’, which details some health and social infrastructure implications of the NDP; ‘Climatic factors’, which considers transport infrastructure in terms of sustainable transport; ‘Soil, water and air’, which considers water infrastructure and agricultural land classification; and the ‘Biodiversity, flora and fauna’ sub-section, which considers environmental infrastructure.
2.9.2 Policy CSM 3 housing to meet local needs will be expected to help ensure that future residential development in the Parish of eleven dwellings or more will provide housing which meets the local needs, as identified during the September 2017 Creech St Michael Housing Needs Survey.
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2.9.3 Policy CSM 6 Community cohesion will be anticipated to help ensure that future major residential development in the Parish will positively integrate with the existing community in the Parish. This relates to the economic, environmental, social and cultural impact of development, including walking and cycling links as well as social and community facilities.
2.10 Cultural heritage (Inc. architectural and archaeological)
2.10.1 There is an abundance of Grade II and Grade II* Listed Buildings within the Parish of Creech St Michael, including the Grade I Listed Church of St Michael (see Figure 1.8). Most Listed Buildings are located in and around the village of Creech St Michael.
2.10.2 The NDP seeks to preserve the heritage of the Parish. Future development in the Parish will need to be in accordance with Policy CP 8 Environment of the TDBC Core Strategy, wherein development should conserve and enhance the historic environment.
2.10.3 A key facet of Policy CSM 4 Quality of design is to ensure future development respects the historic environment. This would in part be achieved by a high quality design which is not discordant with the local rural character, one or two-storey buildings and mixture of brick, stone and render.
2.10.4 The Creech St Michael NDP is anticipated to help protect and enhance local heritage assets. It does not allocate any development and it is therefore not expected to result in any adverse or significant impacts.
2.11 Landscape
2.11.1 Creech St Michael is not within the Green Belt. It is approximately 2.2km south of the Quantock Hills AONB and 7km north of the Blackdown Hills AONB.
2.11.2 The NDP does not allocate any sites for development. It is therefore not expected to significantly or adversely impact on the local landscape or any AONB.
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2.11.3 The following policies would be expected to help protect and enhance the local landscape:
• Policy CSM 1 – Cycle and footpath network; this policy will help to protect and enhance the local PRoW network, which form an important feature of the local landscape; • Policy CSM 4 – Quality of design; this policy will be likely to help ensure future development in the Parish is not discordant with the existing setting. Adverse impacts of future development on the landscape will therefore be more unlikely; • Policy CSM 10 – Protection of Community Assets; this policy will be likely to help preserve important landscape features, including local fields and copses; • Policy CSM 12 – Existing Local Green Space; this policy will help to protect green spaces in the Parish, which are important local landscape features; and • Policy CSM 14 – Green Wedge; this policy will prevent development of some land between Creech St Michael and Monkton Heathfield. As such, the policy will be anticipated to help preserve the distinctive features of these urban areas, reducing the risk of coalescence and preserving and important feature of the local landscape.
2.12 SEA Screening outcome
2.12.1 This screening report has explored the potential effects of the proposed Creech St Michael NDP with a view to determining whether an environmental assessment is required under the SEA Directive.
2.12.2 In accordance with topics cited in Annex 1(f) of the SEA directive, significant effects on the environment are considered unlikely to occur as a result of the NDP.
2.12.3 It is recommended that the Creech St Michael Neighbourhood Plan should not be screened into the SEA process.
Lepus Consulting for Taunton Deane Borough Council 20 SEA Screening of the Creech St Michael Neighbourhood Plan January 2018 LC354 Creech St Michael NDP SEA Screen_1_220118JE.docx 3 Next steps
3.1 Consultation
3.1.1 This report is subject to consultation with the statutory consultees: Environment Agency, Historic England and Natural England. The responses from the statutory consultees are presented in Appendix A. All consultees agreed that significant environmental effects, as a result of the Creech St Michael Neighbourhood Plan, are unlikely to occur.
3.2 Conclusion
3.2.1 Following consultation, it is concluded that the Creech St Michael Neighbourhood Plan does not need to be screened in for SEA.
Lepus Consulting for Taunton Deane Borough Council 21
Appendix A: Consultation Responses
Appendix B: Policies Proposed in the Creech St Michael NDP
Ref. Policy Name
CSM 1 Cycle and footpath network
CSM 2 Traffic management plan
CSM 3 Housing to meet local needs
CSM 4 Quality of design
CSM 5 Start-up Units
CSM 6 Community Cohesion
CSM 7 Creech St Michael Village Centre
CSM 8 Sports, leisure and recreational facilities
CSM 9 New recreation, sporting and community facilities
CSM 10 Protection of Community Assets
CSM 12 Existing Local Green Space
CSM 13 New Local Green Space
CSM 14 Green Wedge
Habitat Regulations Assessments
Sustainability Appraisals
Strategic Environmental Assessments
Landscape Character Assessments
Landscape and Visual Impact Assessments
Green Belt Reviews
Expert Witness
Ecological Impact Assessments
Habitat Ecology Surveys
© Lepus Consulting Ltd
1 Bath Street Cheltenham GL50 1YE
T: 01242 525222
www.lepusconsulting.com
CHELTENHAM
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Appendix B Statutory consultee responses to SEA Screening Report
Mr J Evans Our ref: WX/2006/000298/SE- Senior Environment Consultant 06/SC1-L01 Lepus Consulting Ltd Your ref: 1 Bath Street Cheltenham Date: 22 February 2018 GL50 1YE
Dear Mr Evans
CREECH ST MICHAEL NDP – STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) SREENING REPORT
Thank you for referring the above SEA, which was received on 6 February 2018.
The Environment Agency can agree to the screening outcome of the SEA that there is unlikely to be any significant environmental effects arising from the Creech St Michael Neighbourhood Plan.
Our comments on the Creech St Michael Neighbourhood Plan remain as set out under separate correspondence repeated below:
Within this plan are areas of Flood Zone 3 and 2 which are at high and medium probability of flooding. Flood Zone 3 has an indicative annual probability of flooding in 1 in 100 years or less from river sources (i.e. it has a 1% or greater chance of flooding in any given year). Flood Zone 2 has an indicative annual probability of flooding between 1 in 100 and 1 in 1000 years from river sources (i.e. between 1% and 0.1% chance in any given year).
We would recommend that new development does not occur within these areas and is steered to low flood risk areas. We would expect this to be encouraged through the planning process and Sequential Test as stated in the National Planning Policy Framework (NPPF).
Flood Risk Assessment’s would be required for any new development that is sited within the floodplain. The FRA would be required to demonstrate the proposal is not at risk from flooding, and that there is no increase in risk for any third parties. This would be for the lifetime of development and include an allowance for climate change.
Sustainable drainage systems/techniques (SuDs) should be used for any development to reduce runoff, improve water quality, and benefit biodiversity and aesthetics.
Environment Agency Rivers House, East Quay, Bridgwater, Somerset, TA6 4YS. Customer services line: 03708 506 506 www.gov.uk/environment-agency Cont/d..
Please note that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, prior written consent is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of a watercourse.
River corridors should be valued for wildlife and amenity reasons
Finally, there are historic landfill sites within the Neighbourhood Plan. For any development on or within 250 metres of a landfill site, the developer will need to take account of their proximity in relation to the possibility of landfill gas, which once again may result in development being considered inappropriate.
Please quote the Agency's reference on any future correspondence regarding this matter.
Yours faithfully
Richard Bull Sustainable Places - Planning Advisor
Direct dial 02030 250287 Direct fax 01278 452985 Direct e-mail [email protected]
End 2
Dear Joseph
Thank you for your consultation on the SEA screening for the Creech St Michael Neighbourhood Plan. Our apologies for the delay in this response.
Based on the Regulation 14 version of the Plan which we saw in January I can confirm that we have no objection to the view that an SEA is not required.
Kind regards
David
David Stuart | Historic Places Adviser South West Direct Line: 0117 975 0680 | Mobile: 0797 924 0316
Historic England | 29 Queen Square | Bristol | BS1 4ND https://historicengland.org.uk/southwest
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This e-mail (and any attachments) is confidential and may contain personal views which are not the views of Historic England unless specifically stated. If you have received it in error, please delete it from your system and notify the sender immediately. Do not use, copy or disclose the information in any way nor act in reliance on it. Any information sent to Historic England may become publicly available.
From: Joseph Evans [mailto:[email protected]] Sent: 31 January 2018 15:51 To: Consultations (NE); Enquiries, Unit; Historic England Southwest Cc: Rhodes, Ann; Neil Davidson Subject: LC354 Creech St Michael NDP - Strategic Environmental Assessment Screening Report
Dear statutory consultees,
The parish of Creech St Michael are preparing their Neighbourhood Development Plan.
We have prepared the Strategic Environmental Assessment screening report for the NDP, which concludes that the NDP should not be screened in for SEA.
We would like to submit the SEA screening report for the statutory consultation with yourselves. Please find the SEA screening report attached.
I believe the consultation usually runs for three weeks, in which case we look forward to a response by 22nd February.
Many thanks in advance.
Kind regards, Joseph
Joseph Evans BSc (Hons) MSc CIEEM Senior Environmental Consultant Lepus Consulting Ltd 1 Bath Street Cheltenham GL50 1YE
T: +44 (0) 1242 525 222 W: www.lepusconsulting.com
Hi Ann,
See below for the email from Natural England re Creech St Michael SEA.
Kind regards, Joseph
Joseph Evans BSc (Hons) MSc CIEEM Senior Environmental Consultant Lepus Consulting Ltd 1 Bath Street Cheltenham GL50 1YE
T: +44 (0) 1242 525 222 W: www.lepusconsulting.com
From: "Stonehouse, Simon (NE)"
Dear Joseph
Natural England concurs with the conclusion of the SEA screening report that significant effects from the NDP are unlikely.
Many thanks Simon
Simon Stonehouse Senior Planning Adviser Somerset, Avon & Wiltshire Team
Natural England Horizon House Deanery Road Bristol BS1 5AH tel: 020 802 66915 mob: 07900 608072 www.naturalengland.org.uk
From: Joseph Evans [mailto:[email protected]] Sent: 31 January 2018 15:51 To: Consultations (NE)
Dear statutory consultees,
The parish of Creech St Michael are preparing their Neighbourhood Development Plan.
We have prepared the Strategic Environmental Assessment screening report for the NDP, which concludes that the NDP should not be screened in for SEA.
We would like to submit the SEA screening report for the statutory consultation with yourselves. Please find the SEA screening report attached.
I believe the consultation usually runs for three weeks, in which case we look forward to a response by 22nd February.
Many thanks in advance.
Kind regards, Joseph
Joseph Evans BSc (Hons) MSc CIEEM Senior Environmental Consultant Lepus Consulting Ltd 1 Bath Street Cheltenham GL50 1YE
T: +44 (0) 1242 525 222 W: www.lepusconsulting.com
This email and any attachments is intended for the named recipient only. If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked for known viruses whilst within the Natural England systems, we can accept no responsibility once it has left our systems. Communications on Natural England systems may be monitored and/or recorded to secure the effective operation of the system and for other lawful purposes.
Appendix C Habitat Regulations Assessment
Creech St Michael
Neighbourhood Plan
HABITAT REGULATIONS ASSESSMENT
January 2018
1
This report was prepared by Somerset Ecology Services on behalf of West Monkton and Cheddon Fitzpaine Parish Councils, as the 'competent authorities' under the Conservation of Habitats and Species Regulations 2017.
Copyright The maps in this report are reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office. © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. (Somerset County Council)(100038382)(2018)
Cover Photograph: Creech St Michael - derelict aqueduct Photo © Chris Allen (cc-by-sa/2.0 )
2
Contents
1. Introduction ...... 4 2. Methodology ...... 5 3. Characteristics and Description of the Natura 2000 Sites ...... 7 4. Stage 1: Analysis of Policy in the Neighbourhood Plan...... 16 5. Other Relevant Plans or Projects ...... 27 6. Conclusion ...... 28
3 1. Introduction
1 This report details the findings of the Habitat Regulations Assessment (HRA) process of the Creech St Michael pre-submission consultation draft Neighbourhood Plan [the ‘Neighbourhood Plan’]. As the ‘competent authority’ under the Conservation of Habitats and Species Regulations 2017, the Parish Council is required to assess the Neighbourhood Plan through the HRA process as policies and site allocations in the plans can potentially affect Natura 2000 sites.
2 The Neighbourhood Plan sets out the Parish Council’s vision and objectives. “The vision for Creech St Michael Parish in 20 years’ time should aim for a safe and friendly environment while remaining rural, peaceful and green.” The following objectives will support the delivery of the vision: • To deliver housing growth that is tailored to the needs of the Parish as a whole • To ensure sensitive and sustainable development which protects, enhances and enriches the landscape of the Parish • To sustain and improve local facilities for existing and new residents in the Parish • To strengthen and support new and existing business activity • To improve and enhance transport facilities and digital connectivity • To improve and enhance leisure and cycle routes, including leisure trails and associated facilities • To prioritise local village and settlement distinctiveness in every element of change and growth • To protect our green spaces and landscapes, waterways and the natural environment generally • To involve all Parishioners in the monitoring and delivery of the vision.
3 A neighbourhood plan should support the strategic development needs set out in the Local Plan and plan positively to support local development (as outlined in paragraph 16 of the National Planning Policy Framework). 1 In this case the Creech St Michael Neighbourhood Plan should support policy in the Taunton Deane Borough Council Core Strategy and the Site Allocation and Development Management Plans. The Neighbourhood Plan covers the period 2017 to 2028 to be coterminous with the Core Strategy which (subject to review) also covers the period to 2028.
4 Natura 2000 sites include European Sites - Special Protection Areas (SPA) classified under the EC Birds Directive 1979 and Special Areas of Conservation (SAC) and Special Areas of Conservation (SAC) designated under the EC Habitats Directive 1992, and, as a matter of Government policy, all Ramsar sites as if they are fully designated European Sites for the purpose of considering development proposals that may affect them.
1 http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood-planning/what-is-neighbourhood- planning/what-is-a-neighbourhood-plan-and-what-is-its-relationship-to-a-local-plan/
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5 The definition of ‘Habitat Regulations Assessment’ is simply an assessment, which must be appropriate to its purpose under the Habitats Directive and Regulations. According to The Conservation of Habitats and Species Regulations 2017, regulation 63 (1) before authorising a plan, which is likely to have a significant effect on a European site, and is not connected to the management of the site, the Council shall assess the implications for the site in view of its conservation objectives.
6 The purpose of HRA of land use plans is to ensure that protection of the integrity of European sites (Natura 2000 sites) is a part of the planning process at a regional and local level. The requirement for Appropriate Assessment of plans or projects is outlined in Article 6(3) and (4) of the European Communities (1992) Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (known as the ‘Habitats Directive’).
2. Methodology
Process 7 The methodology used in this HRA follows that given in ‘Draft Guidance for Plan Making Authorities in Wales: The Appraisal of Plans under the Habitats Directive .’(David Tyldesley and Associates, 2012) 2
8 In the first stage of the assessment, the screening for likely significant effects, the HRA:
• Identifies all European and Ramsar sites potentially affected. • States the conservation objectives of each European site potentially affected. • Acknowledges the plan is not directly connected with or necessary for site management of European sites • Considers any elements of the plan likely to have a significant effect on any interest feature in combination with other projects and plans, directly or indirectly • Considers the policies and proposals in the Local Plan and the effects that they may have on the identified European and Ramsar sites, estimating likely magnitude, duration, location and extent of these effects as far as they may reasonably be predicted at this level of plan making.
2 http://www.ccgc.gov.uk/landscape--wildlife/managing-land-and-sea/environmental-assessment/habitats-regulations- assessmen.aspx
5 • Assesses counter-acting measures that can eliminate uncertainties arising from the test of likely significant effect at this stage.
9 If a significant effect cannot be ruled out a Stage 2 Appropriate Assessment needs to be undertaken. This will consider:
• The implications for each affected site in light of its conservation objectives, using the best information, science and technical know-how available
• Consider whether any possible adverse effect on integrity of any site could be avoided by changes to the plan, such as an alternative policy or proposal whilst still achieving plan’s aims and objectives.
Precautionary Approach 9. When carrying out this screening, it must be viewed as a coarse filter and therefore a ‘Precautionary Approach’ has been taken in the assessment of significant effect. The EC Guidance sets out a number of principles as to how to approach decision making during the process. The primary one is the ‘Precautionary Principle’, which requires that the conservation objectives of Natura 2000 sites should prevail where there is uncertainty. In other words if the answer is ‘don’t know’ an adverse impact is assumed. This is the case throughout the HRA process.
10. Once potential impacts have been identified, their significance will be considered. A judgement about significance is made in relation to the conservation objectives and targets using the Precautionary Principle.
Definitions 11. “Significant” is interpreted as an effect likely to adversely affect a Natura 2000 site’s integrity. A useful definition of what a significant effect is contained in an English Nature guidance note 3 on the subject: “… any effect that may reasonably be predicted as a consequence of a plan or project that may affect the conservation objectives of the features for which the site was designated, but excluding trivial or inconsequential effects. ”
12. “Integrity” is described in ODPM Circular 06/2005 4: Biodiversity and Geological Conservation as ' the site’s coherence, ecological structure and function across its whole area that enables it to sustain the habitat, complex of habitats and/or the levels of populations of species for which it was classified ' (ODPM Circular 06/2005, para. 20).
3 English Nature. 1999. Habitats Regulation Guidance Note 3: The Determination of Likely Significant Effect under The Conservation (Natural Habitats &c) Regulations 1994. 4 https://www.gov.uk/government/publications/biodiversity-and-geological-conservation-circular-06-2005
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13. Significance will vary from site to site according to conservation sensitivities and magnitude of the potential impact. Assessment is triggered by likelihood not certainty in line with precautionary principle. (European Communities, 2000) Therefore, the assessment considers whether effects are ‘likely’ and ‘significant’ and not every conceivable effect or fanciful possibility. The Waddensee tests are used:
• Would the effect undermine the conservation objectives for the site? • Can significant effects be excluded on the basis of objective information?
14. Significant effects are also determined in-combination with other plans or projects and take account of cumulative effects.
3. Characteristics and Description of the Natura 2000 Sites
Introduction 15. This section identifies which Natura 2000 sites are potentially affected
16. Special Areas of Conservation (SAC) are designated due to the presence or providing ecological support to habitats, listed in Annex I, and species, listed in Annex II of the Habitats Directive (92/43/EEC).
17. Special Protection Areas (SPA) are designated for bird species listed under Article 4 of the Birds Directive (79/409/EEC).
18. Ramsar sites are important wetland sites that have been designated under the Ramsar Convention on Wetlands 1971. Under Government policy, as set out in Planning Policy Statement 9: Biodiversity and Geological Conservation, they are to be treated as Natura 2000 sites.
Identification of Natura 2000 sites 19. The following Natura 2000 sites have component sites present within the geographic area administered by Creech St Michael Parish Council:
• Hestercombe House SAC
20. In addition policy potentially affects the following Natura 2000 site located outside the parish which is linked by the River Tone which flows through the parish.
• Somerset Levels and Moors SPA / Ramsar
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Ecological Zones of Influence 21. Natura 2000 sites are designated for both species and habitat features. Conservation objectives and targets relate to maintaining the integrity of these features. This section describes how ‘Ecological Zones of Influence’ (EZI) are arrived at for each of the Natura 2000 sites potentially affected by the implementation of actions within the Neighbourhood Plan. These are areas outside the designated Natura 2000 site, which nonetheless if affected can adversely impact on the integrity of the site’s conservation objectives. For example, bat flight lines and feeding areas supporting a designated roost site if lost may affect the viability of the population.
22. Habitats are affected directly from on-site loss due to damage or destruction from land use change. However, they can also be influenced by off-site factors such as hydrology. Where there are no significant off site requirements in maintaining a sites habitat the EZI is the same as the Natura 2000 sites boundary. However, sites affected by air pollution will be assessed by distances set out below. All flora species are affected by airborne pollution, although some, such as lichens and bryophytes are more vulnerable.
23. Unlike habitats, species are not limited by the designated site boundary yet its integrity may depend on habitat several kilometres from the site. For each Natura 2000 site, where a qualifying species is listed as a feature, a description is given, the potential impacts, which are likely to affect that species population’s integrity in terms of the site’s nature conservation objectives, and the methodology of how the EZI is formed.
24. Finally all the EZI for each of a site’s features, i.e. the site itself, its species and habitats, are combined into one EZI per site. A map of the EZI is given in Figure 1 below.
Hestercombe House SAC
Qualifying Features • Rhinolophus hipposideros ; Lesser horseshoe bat
25. The Hestercombe House lesser horseshoe bat maternity roost consists of two components; one is the roost site in the house, and the other is located in the stable block. The former roost continues to show a decline in numbers of bats and is an ‘unfavourable declining’ condition. The stable block shows that about the same number of bats is present as at notification and is in a ‘favourable’ condition. However, overall numbers of lesser horseshoe bats continue to fall. Another roost outside has been established in West Monkton that may be linked to the SAC ones.
26. Hestercombe \House hosts a large lesser horseshoe bat maternity site in the vale of
8 Taunton Deane. The bats roost in the roof void of part of a large building. Although only a small proportion of the UK population, this site has been included as representative of the species in South West England.
27. At Hestercombe House lesser horseshoe bats were radio tracked in the late summer of 2005 and found to be primarily feeding around tall hedgerows and moving in open pasture, through woodlands, over arable fields, along woodland tracks, field edges, over private allotments, across amenity grasslands (lawns, playing fields, etc.), marshy fields, ditches and lakes. In addition, marshland was being used for foraging. (Billington, 2005 5)
Table 1: Hestercombe House Key Environmental Conditions Qualifying features Key environmental conditions to support site integrity
Lesser horseshoe Undisturbed roosts bat Roost conditions maintained Appropriate management of vegetation at roost entrances Maintenance and connectivity of habitats used as flight lines on and off site Feeding areas
Vulnerability 28. The numbers of Lesser Horseshoe bats using the Hestercombe House SAC are fairly stable and at about the same levels as they were in the late 1980s. However, from 1992 to 2003 there were a great many more with a peak of 264 in 1995. They then declined to about the present level of 120 to 145 total with two exceptions, 169 in 2006 and 90 in 2010. The counts for 2015 and 2016 are:
6/6/15 House 39 Stables 78 16/6/15 House 56 Stables 83 25/6/15 House 52 Stables 73
4/6/16 House 66 Stables 77 17/6/16 House 63 Stables 82 25/6/16 House 74 Stables 68
29. A subsidiary roost used by Lesser Horseshoe bats from the maternity colony at Hestercombe is located to the north east of West Monkton within the parish of Creech St Michael.
30. Lesser Horseshoe bats only hibernate at Hestercombe in small numbers (>10 bats).
5 Billington, G. 2005. Radio tracking study of lesser horseshoe bats at Hestercombe House Site of Special Scientific Interest, July 2005 . Peterborough: English Nature
9 Otherwise hibernation roosts have not been identified and changes to these may have also had an effect on sustaining the population.
31. The main factors considered to potentially cause loss or decline in Lesser Horseshoe bats from the proposed development include:
a) Loss or degradation of foraging habitat resulting in a reduction in food availability, particularly through loss of pasture and woodland but also other prey supporting habitats.
b) Loss, damage or fragmentation of flyways, through removal of habitat structure to facilitate development. Gaps as little as 10 metres could prevent movement of lesser horseshoe bats along a flight line (Schofield et al, 2002; Brinkmann et al, 2003 6);
c) Fragmentation of flyways through the introduction of artificial lighting. Lesser Horseshoe bats are sensitive to artificial lighting, such as from street lamps (Outen, 2002; Bat Conservation Trust /Institute of Lighting Engineers, 2008 7). Stone et al (2009) 8 found that a level of 0.04 Lux is preferred by commuting Lesser Horseshoe bats in normal unlit countryside but avoid areas where levels are above 3.6 Lux. They regularly use dark hedgerows are an average of 0. 5 Lux. Stone et al (2009) stated, ‘ It is unsurprising that few bats flew along the unlit side of the hedge, given that light levels on the unlit side on lit nights (mean 4.17 lux) were significantly higher than those along dark hedges (mean 0.45 lux); even these relatively low light levels may make established routes unsuitable for commuting .’ Stone et al, (2009) has shown that lesser horseshoe bats are disrupted from flying along hedgerows by introduced artificial light levels above 0.5 Lux. It was also found that continued disruption increased the effect, i.e. Lesser Horseshoe bats do not become habituated to the presence of artificial lighting. This would therefore permanently affect their behaviour possibly having a significant effect on use of flight lines accessing feeding areas.
d) Loss of roost sites. Night roosts are also particularly important, enabling bats to exploit feeding areas, which would not otherwise be possible due to energetic constraints. These roosts are used by horseshoe bats for resting, grooming, eating or sheltering in bad weather. Importantly some bats, especially pregnant females, can extend their foraging range from the maternity roost by using such roosts. Night
6 Schofield, H., Messenger, J., Birks, J. & Jermyn, D. 2002. Foraging and Roosting Behaviour of Lesser Horseshoe Bats at Ciliau, Radnor . Ledbury: The Vincent Wildlife Trust; Brinkmann, R., Bach L, Biedermann, M., Dietz, M., Dense, C., Fiedler, W., Fuhrmann, M., Kiefer, A., Limpens, H., Niermann, I., Schorcht, W., Rahmel, U., Reiter, G., Simon, M., Steck, C. & Zahn, A. 2003. Crossing Points for Bats – limiting damage in habitat fragmentation by transport projects. Position Paper of the Wildlife Crossing Points Working Party. www.buero-brinkmann.de 7 Outen, A. R. 2002. The ecological effects of road lighting: in Sherwood, B., Cutler D. & Burton J. (eds.) 2002. Wildlife and Roads: The Ecological Impact. 299pp. London: Imperial College Press; Bat Conservation Trust/Institute of Lighting Engineers. n/d. Bats and Lighting in the UK. 8 Stone, E. L., Jones, G. & Harris, S. 2009. Street Lighting Disturbs Commuting Bats. Current Biology 19, 1123–1127, July 14, 2009
10 roosts can be found in a wide range of structures, such as church porches, garden sheds, agricultural buildings and underground sites (Schofield, 2008 9). Knight & Jones (2009) 10 found that more than 75% of bats used night roosts away from the maternity site and that up to five different night roosts were used by individuals. Night roosts were located closer to core foraging areas than to the maternity roost, with 64% to 86% in the core nuclei.
Ecological Zone of Influence 32. The EZI for the Hestercombe House SAC is shown in Figure 1 below. This is based on the method and data set out for Conservation Zones and their density banding in the Species Alert Mapping methodology and the sections on Lesser Horseshoe bats in the Technical Guidance on the North Somerset and Mendip Bats SAC (Burrows, 2017b) commissioned and endorsed by Natural England. It is planned to produce specific technical guidance on Hestercombe House SAC in due course.
Figure 1: Hestercombe House SAC EZI showing the Consideration Zone Density Banding (see Technical Guidance on the North Somerset and Mendip Bats SAC for Lesser Horseshoe bats 11 and the Somerset Species Alert Mapping methodology)
9 Schofield, H. W. 2008. The Lesser Horseshoe Bat Conservation Handbook. Ledbury: The Vincent Wildlife Trust. 10 Knight, T & Jones, G. 2009. Importance of night roosts for bat conservation: roosting behaviour of the lesser horseshoe bat Rhinolophus hipposideros. Endang Species Res. 8: 79–86, 2009 11 A technical guidance specifically on lesser horseshoe bats for the Hestercombe House SAC is planned (LB 29/01/18)
11 Somerset Levels and Moors SPA / Ramsar
33. The Somerset Levels and Moors SPA is one of the largest and richest areas of traditionally managed wet grassland and fen habitats in lowland UK. The majority of the site is only a few metres above mean sea level and drains through a network of ditches, rhynes, drains and rivers. The site attracts important numbers of water birds in winter.
Special Protection Area Qualifying Features • Cygnus columbianus bewickii ; Bewick’s swan (Non-breeding) • Anas crecca ; Eurasian teal (Non-breeding) • Pluvialis apricaria ; European golden plover (Non-breeding) • Vanellus vanellus : Northern lapwing (Non-breeding) • Waterbird assemblage
Ramsar Qualifying Features Under Criterion 5 the Ramsar site regularly supports at least 20,000 waterfowl (specifically 97155 waterfowl) and under Criterion 6 – species/populations occurring at levels of international importance. These are listed below:
Species with peak counts in winter: • Bewick’s swan, Cygnus columbianus bewickii • Eurasian teal, Anas crecca • Northern lapwing, Vanellus Vanellus
Species/populations identified subsequent to designation for possible future consideration under Criterion 6 are also listed:
Species with peak counts in winter: • Mute swan, Cygnus olor • Eurasian wigeon, Anas penelope • Northern pintail, Anas acuta • Northern shoveler, Anas clypeata
The Ramsar designation also lists noteworthy species currently occurring at levels of national importance:
Species with peak counts in winter: • Gadwall, Anas strepera strepera • Water rail, Rallus aquaticus • European golden plover, Pluvialis apricaria apricaria , • Ruff , Philomachus pugnax • Common snipe , Gallinago gallinago gallinago
12 Under Criterion 2a the ditches and rhymes support an assemblage of rare, vulnerable or endangered species of sub species (specifically rare invertebrates, particularly beetles).
Table 2: Somerset Levels and Moors Key Environmental Conditions
Qualifying features Key environmental conditions to support site integrity Over wintering birds Active management to maintain the ground and surface water levels of the site.
Management of the habitats present is required to maintain the diverse structure and composition of Waterfowl assemblage vegetation. This would include hay cutting, light grazing and ditch drainage.
Control of inappropriate or invasive species Maintenance of view lines
Birdlife found the site is vulnerable to disturbance. Rare invertebrates, particularly Appropriate maintenance of rhynes and ditches beetles Ground and surface water levels Water quality
Ecological Zone of Influence 34. Records for each of the species are analysed outside of the SPA and any supporting habitat that supports a bird species is digitised, i.e. some ducks and waders will switch habitats between day and night time periods (Guillemain et al, 2001 12 ; Cramp, 1979 13 ; 1983 14 ) In flight records are ignored, as are those over 10 years old. Examples of the distances at which birds take flight from being disturbed are shown in Table 3. There would also be a distance from which birds are distracted from feeding and are alert, which is not given.
12 Guillemain, M., Fritz, H., & Duncan, P. 2001. The importance of protected areas as nocturnal feeding grounds for dabbling ducks wintering in western France. Biological Conservation, 113, 2002, 183-198 13 Cramp, S. (ed). 1977. Handbook of the Birds of Europe, the Middle East and North Africa – The Birds of the Western Palaearctic, Volume I Ostriches to Ducks. Oxford: Royal Society for the Protection of Birds/Oxford University Press 14 Cramp, S. (ed). 1983. Handbook of the Birds of Europe, the Middle East and North Africa – The Birds of the Western Palaearctic, Volume III Waders to Gulls. Oxford: Royal Society for the Protection of Birds/Oxford University Press.
13 Table 3: Disturbance from Human Proximity Species Flight Distance (FD) Bewick’s Swan No data Wigeon 89-250 metres Gadwall No data Teal No data Pintail No data Shoveler No data Golden Plover 42-70 metres Lapwing No data Whimbrel 84 metres Water Rail No data Ruff No data (from Goss-Custard, 2005 15 ; Mathers et al, 2000 16 )
35. The largest FD is 250 metres. Therefore, a distance of 300 metres is used for buffering the Natura 2000 site and any additional digitised habitat. This allows for a period of disturbance where birds are alert before taking flight. Records outside of the SPA/Ramsar site are examined and where it is considered that the habitat potentially supports the ecological requirements of the bird species listed for the designation this is digitised and buffered. A list of the sites is given in Appendix 1. Flight paths also need considering as many species listed fly in the lower air space and can be disturbed by land use change along these corridors between areas of use. These are formed by using the Coastal and Floodplain Grazing Marsh habitat layer provided by Somerset Environmental Records Centre, linking the habitat outside the site with that on the SPA site. These then form the EZI for the bird species of the Somerset Levels and Moors SPA.
36. Records of beetle species listed are compared to the Ramsar site boundary. It is considered that the longest ranging of the invertebrates species listed above would be beetles, which fly readily, or hoverfly. Beetles are known to disperse over several kilometres (Lundkvist et al, 2002 17 ). A rove beetle Aleochara bilineata in Ontario, Canada was recorded as being capable of flying at least 5 kilometres (Tomlin et al, 1992 18 ). Records of listed beetles and hover flies (Lejops vittata ) are considered to be included if within 5 kilometres of the Ramsar site lacking further evidence. Valvata macrostoma is considered to be capable of moving 300 metres per annum (Kappes & Haase, 2012 19 ).
15 Goss-Custard, J. D. 2005. National Cycle Network – Exe Estuary Proposals: Assessment of the Anticipated Effects on the Exe Estuary Special Protection Area. Exeter: Devon County Council. 16 Mathers, R.G., Watson, S., Stone, R. & Montgomery, W. I. 2000. A study of the impact of human disturbance on Wigeon Anas penelope and Brent Geese Branta bernicla hrota on an Irish sea loch. Wildfowl 51: 67 - 81 17 Lundkvist, E., Landin, J. & Karlsson, F. 2002. Dispersing diving beetles (Dytiscidae) in agricultural and urban landscape in south- eastern Sweden. Ann. Zool. Fennici 39: 109-123 . 18 Tomlin, A. D., McLeod, D. G. R., Moore, L. V., Whistlecraft, J. W., Miller, J. J. & Tolman, J. H. 2002. Dispersal of Aleochara bilineata [Col.: Staphylinidae] following inundative releases in urban gardens. Biocontrol, 37, 1, 55-63 19 Kappes, H. & Haase, P. 2012. Slow but steady: dispersal of freshwater molluscs. Aquat Sci (2012) 74:1–14
14 The fields around any water, rove or soldier beetle or Lejops vittata records, inside and outside of the site, are digitised. Flight corridors also need considering as species can be disturbed by land use change along these paths between areas of use. These are digitised by forming MCPs around the records per species for the site, linking the habitat outside the site with that on the Ramsar site. It is considered that other species of invertebrates have limited dispersal capability and are confined to the Ramsar site. No buffer is formed in relation to these records.
37. Water beetles and large mouthed valve snails are also dependent on the maintenance of water quality (Foster & Eyre, 1992 20 )21 . Therefore, watercourses entering the Ramsar sites supporting these species should also be mapped.
38. This forms part of the EZI to take account of potential impacts on invertebrates for the Somerset Levels and Moors Ramsar.
Figure 2: Somerset Levels and Moors Indicative Ecological Zone of Influence
Vulnerability 39. In addition to potential direct impacts on habitat supporting the Ramsar site, birds may
20 Foster, G. N. & Eyre, M. D. 1993. Classification and Ranking of Water Beetle Communities. Journal of Animal Ecology , Vol. 62, No. 1 (Jan., 1993), 216-217 21 Also see http://www.environment-agency.gov.uk/yourenv/eff/1190084/wildlife/970605/?version=1&lang=_e
15 be vulnerable to recreational disturbance from increased access arising from new residential developments in Creech St Michael, especially from those within 5km 22 of the SPA / Ramsar (see Figure 2 above)
4. Stage 1: Analysis of Policy in the Neighbourhood Plan
Introduction 40. The draft Neighbourhood Plan sets out Creech St Michael Parish Councils’ policies for sustainable development which includes social, economic and environmental objectives.
41. Each policy will be assessed against each of the qualifying features of the Natura 2000 site’s, identified in this report, in terms of ‘significant effects’ on those features. Many actions are likely to have a neutral or positive effect on each site feature and are therefore are likely to be eliminated at this stage of the HRA process as they would not have any significant effect on a Natura 2000 site.
42. “Significant” is interpreted as an effect likely to adversely affect a Natura 2000 site’s integrity. “Integrity” is described in ODPM Circular 06/2005: Biodiversity and Geological Conservation 23 as 'the site’s coherence, ecological structure and function across its whole area that enables it to sustain the habitat, complex of habitats and/or the levels of populations of species for which it was classified' (ODPM Circular 06/2005, para. 20).
43. Significance will vary from site to site according to conservation sensitivities and magnitude of the potential impact. Assessment is triggered by likelihood not certainty in line with precautionary principle 24 . Therefore, the assessment considers whether effects are ‘likely’ and ‘significant’ and not every conceivable effect or fanciful possibility. The ‘Waddensee’ tests are used:
• Would the effect undermine the conservation objectives for the site? • Can significant effects be excluded on the basis of objective information?
44. Significant effects are also determined in-combination with other plans or projects and take account of cumulative effects (see Chapter 5 following).
22 For example see https://www.dorsetforyou.gov.uk/article/407483/Evidence-to-support-the-Dorset-Heathland-Planning- Framework 23 https://www.gov.uk/government/publications/biodiversity-and-geological-conservation-circular-06-2005 24 European Communities. 2000. Managing Natura 2000 Sites: The provisions of the Article 6 of the ‘Habitats’ Directive 92/43/EEC . Brussels: Office for Official Publications of the European Communities .
16 Analysis of Effects on Natura 2000 Sites 45. This section will consider the likely direct, indirect or secondary impacts of each action listed against priorities, identified as potentially having a significant effect in the previous chapter on the integrity of the designated site.
46. The determination of ‘favourable condition’ 25 of a site is separate from the judgement of effect upon integrity. For example, there may be a time-lag between a plan being implemented and a consequent adverse effect upon integrity becoming manifest in the condition assessment. In such cases, a plan may have an adverse effect upon integrity even though the site remains in favourable condition.
47. In addition, and in order to secure the long term presence and stability of Natura 2000 sites and the network, climate change should be a key consideration in the application of Habitat Regulations Assessment (HRA). Consideration should be given as to whether the plan inhibits in any way the potential of species to adapt to climate change.
Management for Nature Conservation Purposes 48. The Neighbourhood Plan does not introduce any management measures for nature conservation purposes at this stage.
Plan Analysis 49. Table 4 analyses the policies in the West Monkton and Cheddon Fitzpaine Neighbourhood Plan and for each of these assesses its potential impact on Natura 2000 sites. Those policies that have a potential significant effect are highlighted in Orange. Each policy or project is considered individually. Where impacts are identified on a qualifying feature counter-acting measures to avoid significant effects, such as policy presented within the Plan as a whole, are assessed in the following section of this report. No mitigation is put forward at this stage.
Table 4: Plan Analysis Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites CSM 1 – Development proposals must Hestercombe Potential significant effect. Cycle and demonstrate how they will enhance House SAC The policy does not state footpath the safety, legibility and capacity of whether the cycle ways and network the existing walking and cycling Disturbance /or footways would be lit at network and/or deliver a network of from night or not. Paths to West
25 ‘Favourable condition’ means that the Natura 2000 site’s features are being adequately conserved and is meeting the site is meeting its 'conservation objectives', however, there is scope for the enhancement of these sites
17 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites new dedicated walking and cycling introduced Monkton would be most connections. The existing network lighting likely to cause an effect but includes, but is not limited to, the others may also affect following which are shown on Plan 4a: individual bats at longer • Creech St Michael Baptist distances away from home Church to Bull Street roosts. • Creech Heathfield to North End • Hyde Lane • North End to the centre of Creech St Michael Village • Railway and canal bridges • Routes to West Monkton, Ruishton, Sedgemoor, Hankridge and the planned Nexus Employment Park. • Larkfleet estate to Canal via proposed new foot bridge across canal • Key routes for education facilities
CSM 2 – Traffic Creech St Michael Parish Council will Hestercombe Potential significant effect. Management work with Somerset County Council House SAC Highway safety measures Plan and other stakeholders to develop a could introduce street comprehensive Traffic Management Disturbance lighting along or across Plan for the Parish that seeks to from commuting routes used by improve highway safety within the introduced lesser horseshoe bats Parish especially for pedestrians and lighting cyclists, reduce vehicular traffic speed and encourage vehicular movements in accordance with the hierarchy of roads. The Traffic Management Plan will be adopted by the Parish Council.
The initiatives agreed within the Traffic Management Plan will be coordinated with those initiatives and measures proposed in connection with the Monkton Heathfield urban extension to ensure that strategic and local transport strategies are aligned.
18 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites Development proposals which result in a net increase in traffic movements will need to demonstrate compliance with the Traffic Management Plan objectives and include measures to ensure that the proposals will not adversely affect highway safety.
CSM 3 – Planning applications for residential None No significant effect likely. Housing to and residential led mixed-use The policy states the meet local development of 11 units or more principle of meeting needs needs must demonstrate delivery of housing identified in the Creech St which will meet the local need Michael Housing Needs identified in the Creech St Michael Survey. The survey would Housing Needs Survey (September feed into Taunton Deane 2017), and any subsequent update. borough Council’s (TDBC) Site Allocations plans which would be subject to the HRA process
CSM 4 – Planning applications for residential None. No significant effect likely. Quality of and residential-led mixed-use The policy concerns design design development must demonstrate that matters only they are of a high standard of design quality that complements and enhances the local character and rural context of the area. Proposals must:
• Make use of locally distinctive materials where this will complement and enhance the character and street scene of the locality
• Be limited to two / two-and-a-half storeys
• Respect and where possible enhance locally important and distinctive features, including those identified in this Plan
• Provide landscaped areas to
19 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites maintain the rural character of the existing settlements, and where appropriate, landscaped bunds and buffers shall be incorporated to protect the amenity of future occupiers from adverse noise impacts e.g. from the M5 Motorway
• Create legible, accessible and quality usable public open space, that can be used for recreational needs
• Utilise where practicable sustainable construction methods, minimise the use of non-renewable resources and take advantage of opportunities for on-site small scale renewable energy production e.g. solar thermal and voltaic panels and rainwater harvesting
CSM 5 – Start The creation of new start up units Hestercombe Potential Significant Effect. up units which encourage the establishment of House SAC The policy is non-locational uses which offer additional and development could employment will be supported in Loss result in severance of principle. /degradation structure, such as of habitat hedgerows, used as flight Proposals to enhance and upgrade lines loss of habitat used existing employment uses will be hunting by lesser horseshoe supported in principle. Development Disturbance bats. proposals that result in the loss of from employment floor space will be introduced Developments may have resisted unless: lighting associated lighting which could cause disturbance to • A site-specific viability assessment commuting / hunting lesser can demonstrate that no other horseshoe bats, which use is deliverable at the site; and could cause loss of • The site has been advertised with accessibility to feeding at least two independent estate areas. agents for a minimum of 12
20 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites months for • The proposal will create an equivalent number of permanent full time employment jobs to those being lost within the Parish
CSM 6 – Planning applications for major None No significant effect likely. Community residential development in the Parish The policy concerns cohesion must be accompanied by evidence to evidence provided by demonstrate how the new prospective developers community or communities created with regard to integrate by the development will be positively new residents into the integrated with the existing existing community and community in Creech St Michael impacts on the existing Parish. This evidence should address community the following matters:
• The anticipated economic, environmental, social and cultural impact of the new community to the existing community
• Demonstrate how the development will create high quality walking and cycling links between new development and existing educational, social and community facilities in the Parish
• Explain what other steps will be taken to ensure that new community facilities and open spaces will be accessible to existing residents
• Prepare a welcome pack for all new residents in conjunction with the Parish Council to be made available in both print and on-line format to residents on occupation of new dwellings
21 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites CSM 7 – Creech The Parish Council will develop a None No significant effect likely. St Michael Public Realm Improvement Plan for The policy concerns the Village Centre Creech St Michael Village Centre village centre which is (identified on Plan 12) that supports unlikely to support habitat the delivery of: regularly used by lesser horseshoe bats and is, • Additional on and off-road although feasibly within parking their home range, remote • Highway safety improvements from the maternity roosts • Safer pedestrian and cycle connections • Improved public realm including landscaping, signage, paving and street furniture • Improved or additional retail offer
Proposals that support and deliver the objectives of the Public Realm Improvement Plan will be supported.
CSM 8 – Sports, Development proposals resulting in None No significant eff ect likely. leisure and the loss of facilities listed below and The policy concerns recreational identified on Plan 9 will be resisted: resisting loss of existing facilities facilities • Rec Park • School Playing Field • Aqueduct and former canal • Canal towpath • Canal car park (Bull street) • Village Hall • Proposed Scout Hut (Larkfleet Homes’ scheme) and Scout Hut at Sweetings Lane
Proposals to enhance, improve and extend these facilities will be supported. CSM 9 – New The creation of new recreation, Hestercombe Potential Significant Effect. recreation, sporting or community facilities will House SAC The policy is non-locational sporting and be supported in principle. and development could community Loss result in loss of habitat used facilities /degradation for commuting and /or of habitat hunting by lesser horseshoe
22 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites bats.
Disturbance Developments may have from associated lighting, introduced including flood lighting, lighting which could cause disturbance to commuting / hunting lesser horseshoe bats, which could cause loss of accessibility to feeding areas.
CSM 10 – The following have been identif ied as Hestercombe Potential Significant Effect. Protection of Assets of Community Value and are House SAC The policy includes the Community identified on Plan 1: potential loss of two copses Assets Loss and two fields (following a • The Bell Inn Public House /degradation minimum 12 month period • The Garage Site (St Michaels of habitat where they are marketed) Road) which may provide foraging • The field to the east of and opportunities for lesser adjacent to the Rec Park (Hyde horseshoe bats. If sold and Lane) developed these habitats • The Copse to the north of and could be lost. adjacent to the Rec Park • The field adjacent to the field to the east of the Rec Park • The Copse to the rear of the field to the east of the Rec Park
Any development proposals that will result in the loss of any of these assets in whole or in part will be resisted unless it can be demonstrated that the Asset has been marketed for a minimum period of 12 months and cannot viably be put into an alternative use.
CSM 12 – The following areas of Existing Local None No significant effect likely. Existing Local Green Space are identified at Plan 9: The policy assigns green Green Space space and loss would be • Fields between the canal and the resisted railway line
23 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites • Fields between West Monkton and Creech St Michael village
These green spaces provide important opportunities for recreation, leisure activities and contribute to the sense of place, character of the area and the general health and wellbeing of the community.
Any proposals for new development on these sites that will result in a loss or erosion of Existing Local Green Space, will be resisted.
CSM 14 – A Green Wedge is identified on Plan None No significant effect likely. Green Wedge 10, shown on land between Creech St The policy includes Michael village and Monkton resistance to the loss of Heathfield urban extension. wildlife corridors
Development proposals in the Green Wedge will be resisted where they conflict with its purposes, which are to: • prevent the coalescence of settlements and maintain a sense of place and identity for neighbourhoods • maintain the open character of a green lung contributing to • health and wellbeing for residents • provide accessible formal and informal recreation, sport and play • provide valuable wildlife corridors and habitat • protect areas of landscape importance and visual amenity.
Projects • Establish and manage a 20 mph None No significant effect li kely. speed limit through Creech St The listed projects are Michael Village unlikely to affect features of • Traffic calming scheme through the European sites
24 Policy Brief Description Potential Assessment at Plan Level Impact on Natura 2000 Sites Creech St Michael Village • Introduce measures to reduce noise from M5 motorway • Canal enhancement scheme and the protection of its setting and surrounding environment • Creech St Michael Village centre enhancement scheme • Promote opportunities for public transport improvements • Provision of access from Hyde Lane to West Monkton Relief Road when satisfactory traffic management measures are in place in Hyde Lane as part of the village traffic management plan • Improve the range of clubs, activities and events for all community • Provision of age specific recreation areas • Establish a Youth Council • Establish a community café • Promote opportunities for volunteering • Provision of additional allotments • Put in place a strategy to help new member of the community to integrate and feel part of CSM • Provision of an open access youth club
Counteracting Measures 50. ‘During the screening stage, or other early stages, the plan making authority may be able to introduce counter-acting measures that would obviously avoid the possibility of a significant effect on a European site. This speeds the appraisal process in its early stages and enables the assessors to concentrate on those aspects of the plan that could have significant effects on European sites that are not easily eliminated. It narrows the scope
25 of the appraisal and reduces the time and cost of undertaking it .’ (Tyldesley et al, 2012 26 )
51. ‘Measures to avoid, cancel or reduce the effects of a plan on a European site (here referred to as avoidance measures, cancellation measures and reduction measures respectively) should be proposed as part of the plan and the plan making authority will take these into account in the appraisal, often collectively referred to as ‘mitigation measures’ (Tyldesley et al, 2012)
52. ‘Avoidance measures eliminate the likelihood of any effects on the European site. Cancellation measures have the effect of cancelling out potentially adverse effects on the European site before their effects are felt. Reduction measures are designed to reduce likely significant effects, perhaps to a level that is insignificant or in a way that makes them unlikely to occur.’ (Tyldesley et al, 2012)
53. Policies and projects that have been identified above as having uncertainty with regard to significant effects on the European site and are listed in Table 5 along with any counter-acting measures that will eliminate that effect. These could include adjustment to policy text. The policies in the Neighbourhood Plan should be read as a whole and as part of the adopted Taunton Dean Borough Council Core Strategy and the Site Allocations and Development Policies Plan.
54. Policies where counter-acting measures, at this stage, do not negate the potential for a significant effect will require a Stage 2 ‘Appropriate Assessment’.
Table 5: Counter-acting Measures Potential Policies Counter -acting Measure Outcome Impact Causing Potential Impact a) Loss of CSM 1 – The Neighbourhood Plan needs to be read No significant effect feeding habitat Cycle and in conjunction with Policy in the Taunton likely if the and b) footpath Deane Core Strategy Policy CP8 Neighbourhood Plan severance of network Environment which states ‘Planning is read with the flight lines applications for development on sites Taunton Deane Core preventing CSM 5 – Start within the Bat Consultation Zone will Strategy as a whole. access to up units require a 'test of significance' under the feeding areas Habitat Regulations to be carried out. CSM 9 – New Applicants must provide all necessary c) Lighting recreation, information to enable such a test to be affecting sporting and conducted, including any necessary survey commuting community work, reports and avoidance/mitigation
26 David Tyldesley and Associates, 2012. Draft Guidance for Plan Making Authorities in Wales: The Appraisal of Plans under the Habitats Directive . http://www.ccgc.gov.uk/landscape--wildlife/managing-land-and-sea/environmental- assessment/habitats-regulations-assessmen.aspx
26 Potential Policies Counter -acting Measure Outcome Impact Causing Potential Impact routes a nd facilities measures with the application’ feeding areas c) Lighting CSM2: Traffic It is essential that the uncertainty It is likely that the affecting Management concerning strategic actions that may cause proposed Traffic commuting Plan likely significant effects to qualifying Management Plan routes and features of European sites is removed by will be developed in feeding areas clearly stating that where schemes partnership with encouraged by the Strategy’s policies may Somerset County affect European site that a Habitats Council. The Regulations Assessment will be required. It Management Plan is considered that before it’s Review in would be subject to twenty years following adoption: its own assessment under the Habitats a) The higher tier plan assessment cannot Regulations reasonably assess the effects on a European site in a meaningful way, principally because the location or type of traffic management works cannot be specified at this stage; whereas
b) The lower tier Habitats Regulations Assessments will be effective in protecting the European site, because the lower tier plan has the capability, scope and flexibility to ensure there are no adverse effects on integrity; and
c) The Habitats Regulations Assessment of the plan at the lower tier is required as a matter of law or Government policy.
5. Other Relevant Plans or Projects
47. Article 6(3) of the Habitats Directive requires a HRA of ‘…any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect there on, either individually or in combination with other plan or projects’. Therefore it may be necessary to identify plans and projects that may have ‘in- combination’ affecting the Nature 2000 sites, which are the focus of this assessment.
27 However, in this assessment because all potentially significant effects have been eliminated, providing the counter-acting measures are adopted in full as set out in Table 3 above and Chapter 6, an in combination assessment is not required. . 6. Conclusion
48. It is considered by Creech St Michael Parish Council that its Neighbourhood Plan is unlikely to have a significant effect on the conservation objectives of the European sites assessed.
49. It is considered that a Stage 2 Appropriate Assessment will not be required.
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