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SOMERSET COUNTY COUNCIL TRANSPORT POLICIES Schedule of Policies HABITATS REGULATIONS ASSESSMENT October 2010 2 Executive Summary This report contributes to Somerset County Council’s legal obligation under The Conservation of Habitats and Species Regulations 2010 (the ‘Habitats Regulations’) to carry out a Habitat Regulations Assessment (HRA) on its plans for affects on Natura 2000 sites. In this case it is the draft Transport Policies – Schedule of Policies October 2010 (TPSP) following assessment of the draft Future Transport Plan in June 2010. Natura 2000 sites consist of Special Areas of Conservation (SAC) designated for habitats and animal species, and Special Protection Areas (SPA) designated for bird species. Ramsar sites designated under the Ramsar Convention on Wetlands 1971 are also included following Government policy. Before a plan can be adopted the ‘competent authority’ (Somerset County Council) needs to prove that the plan would have no significant effects on the integrity of Natura 2000 sites. An uncertain result is not acceptable and is treated as adverse until proven otherwise. A previous HRA report (June 2010) screened policies in the draft Future Transport Plan to determine whether there is any potential for a significant effect on Natura 2000 sites from them, either directly or indirectly, and in combination with other plans and projects. This resulted in the following recommendations to ensure compliance with the Habitat Regulations: 1. Policy 17 Concerning support for biofuel production and potential impacts on several SACs supporting bat populations. Add to policy statement ‘Supporting the advancement of biofuels …’ after ‘…sustainably …’ the following: ‘… Habitats Regulations (2010) compliant …' Add text At the end of paragraph beginning ‘ As new technologies, such as electric vehicles or alternative fuels …’ add text: ‘Nonetheless, b efore supporting new technologies we also need to ensure that wildlife species and habitats that are sensitive to changes in land use be considered and that the provisions of the Conservation of Habitats and Species Regulations 2010 (the ‘Habitats Regulations’) are complied with .’ 2. Policy 19 Concerning access to the Public Rights of Way network and its promotion and mapping including on websites and recreational impacts on habitats and species from several Natura 2000 sites. 3 Add an additional policy ‘Ensure that any walking route considered does not lead to increases in habitat degradation or loss, or species disturbance on or in areas ecologically supporting Natura 2000 sites and that where this is likely to occur the route is not promoted or mapped including on websites .’ Add Text Add to text in Public Rights of Way section to paragraph beginning. ‘Our plan for improving Rights of Way …’ after ‘…duties that we must perform …’ the words: ‘…the Habitats Regulations …’ 3. Policy 24 Concerning North Petherton Bypass and potential effects on barbastelle bat habitat and behaviour from the Exmoor & Quantocks Oak Woodlands SAC. Amend Policy Amend policy, ‘ Northern Petherton Bypass ’ to: ‘North Petherton Eastern Bypass ’ 4. Policy 25 Concerning new access and link roads and possibly a park and ride site and potential effects on lesser horseshoe bat habitat and behaviour from the Hestercombe House SAC, Add to policy statement Add to ‘ New access and link roads to facilitate development’ the following wording, ‘…but which are also routed to avoid impacts on Hestercombe House SAC ’ Add Text Add to text in Bridgwater, Taunton and Wellington Future Transport Strategy after paragraph beginning with, ‘ Somerset authorities have been planning …’ a new paragraph: ‘However, new access and link roads and any other infrastructure serving development may have impacts on the habitat use and behaviour of lesser horseshoe bats from the Hestercombe House Special Area of Conservation (SAC) in the area north of Taunton from Monkton Heathfield to Staplegrove. Any proposal would have to ensure that there is no adverse effect on the maintenance of the population of lesser horseshoe 4 bats in order to comply with the Habitats Regulations .’ This HRA assesses the draft TPSP (October 2010), which updates the Future Transport Plan. The draft Transport Policies – Schedule of Policies contains consolidated, revised and additional policy that now needs to be screened in order that this stage of the plan development is compliant with the Habitat Regulations. For the sake of completeness descriptions of the Natura 2000 sites potentially affected and description of the effects of transport on wildlife is given again. This is followed by analysis of each policy in the report is carried out which can result in amendments or additions to policies to ensure compliance with the Habitat Regulations. Following screening of the policies contained in the TPSP the following policy amendments and/or additions are recommended to ensure compliance with the Habitat Regulations before submission. Policy 7: Cycling Add to Policy 13 Landscape and Biodiversity Amend policy text to read: ‘Ensure that any walking…’ and / or cycling routes ‘… considered does not lead to increases in habitat…’ fragmentation , ‘… degradation or loss, or species disturbance on or in areas ecologically supporting Natura 2000 sites and that where this is likely to occur the route is not promoted or mapped including on websites.’ Annex B: Taunton Add to policy statement Add to ‘ New or enhanced Pak and Ride ’ the following wording, ‘…which is located to avoid impacts on Hestercombe House SAC’ In conclusion, it is the consideration of Somerset County Council that, providing the counter acting measures set out in this report are applied to the Transport Policies – Schedule of Policies, there is unlikely to be a significant effect on the Natura 2000 site network. 5 Contents 1. Introduction ..................................................................................................7 2. The Habitat Regulations Assessment Process ............................................8 Steps in the Habitat Regulations Assessment Process.................................8 Precautionary Approach ...............................................................................9 Definitions.....................................................................................................9 Screening Report Methodology ..................................................................10 3. Potential Impacts of the Transport Policy on Ecology ................................12 Introduction.................................................................................................12 Potential Effects from Transport and its Infrastructure on Ecological Features .....................................................................................................12 4. Identification and Description of the Natura 2000 Sites .............................17 Introduction.................................................................................................17 Identification of Natura 2000 sites ..............................................................17 Ecological Zones of Influence.....................................................................19 Description and Characterisation of Natura 2000 Sites ..............................25 5. Other Relevant Plans or Projects...............................................................88 6. Analysis of Transport Policy in the Schedule of Policies ............................90 Introduction.................................................................................................90 Management for Nature Conservation Purposes........................................91 Analysis of Policies.....................................................................................91 Policies and Initiatives Requiring Further Screening ................................ 117 7. Analysis of Effects on Natura 2000 Sites ................................................. 119 Introduction............................................................................................... 119 Assessment of Policies.............................................................................121 Counter-acting Measures and Conclusions..............................................136 Summary of Required Additions and Amendments to the TPSP ..............137 Conclusion................................................................................................137 Bibliography .................................................................................................138 Appendix 1: Areas Included Outside of SPA/Ramsar Designations .............147 6 1. Introduction 1.1 This report details the findings of the Habitat Regulations Assessment (HRA) process of the Somerset County Council’s draft Transport Policies – Schedule of Policies, October 2010 (TPSP). As the ‘competent authority’ under the Conservation of Habitats and Species Regulations 2010 (The Habitats Regulations) Somerset County Council is required to assess the TPSP through the HRA process as policies and infrastructure schemes in the plan can potentially affect Natura 2000 sites. 1.2 The TPSP covers the time period from 2011-2026 and replaces Somerset’s second Local Transport Plan (LTP2) which finishes in March 2011. 1.3 Natura 2000 sites include European Sites - Special Protection Areas (SPA) classified under the EC Birds Directive 1979 and Special Areas of Conservation (SAC) and candidate Special Areas of Conservation (SAC) designated under the EC Habitats
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