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20604-02 R3 Rev2 Technical Report Habitats Regulations Assessment Land to the south of Brandon Road, Watton, Norfolk Tesni Properties Ltd April 2015 Contents 1 Introduction 1 1.1 Terms of Reference 1 1.2 Site Description 1 1.3 Structure of the Report 1 2 Legislation and planning policy 2 2.1 The Habitats Regulations Assessment Process 2 2.2 Local Planning Policy Context 3 2.2.1 Breckland Council Core Strategy 3 2.2.2 Implementation of CP10 in Breckland 4 2.2.3 Summary of Implications of CP10 for the Project 6 2.2.4 Further research undertaken by Footprint Ecology 6 3 Background Information 7 3.1 Description of the Project 7 3.1.1 Design Features of the Project to Minimise Effects on Stone Curlews 8 3.2 Characteristics of the Breckland SPA 8 3.2.1 Conservation Objectives of the Breckland SPA 9 3.2.2 Breckland Farmland SSSI 9 3.3 Stone Curlew Distribution near Watton 9 3.3.1 RSPB Data Search 10 3.4 Habitat Suitability 11 3.4.1 Habitats within the Proposed Development Site 11 3.4.2 Habitats between the Project and the SPA 13 4 Habitats Regulations Assessment 14 4.1 Introduction 14 4.2 Statement to inform an Appropriate Assessment of the 15 4.2.1 Impacts on the Extent and Distribution of Stone Curlew Habitats associated with the Breckland SPA 16 4.2.2 Impacts on the Structure and Function of Stone Curlew Habitats associated with the Breckland SPA 17 4.2.3 Impacts on the Supporting Processes on which Stone Curlew Habitats within the SPA Rely 20 4.2.4 Impacts on the Stone Curlew Population of the Breckland SPA 20 4.2.5 Impacts on the Distribution of Stone Curlews of the Breckland SPA 21 April 2015 │ Tesni Properties Ltd │ 20604-02 R3 Rev2 Contents 4.3 Cumulative Impacts 21 5 Conclusions 22 6 References 23 Appendix A. Breckland SPA Description 25 Appendix B. Phase 1 Habitat Survey Target Notes 26 Appendix C. Policy CP10 of Breckland Council Core Strategy 30 Tables Table 1: Phase 1 Habitat Survey Habitat Target Notes 26 Table 2: Hedgerow Target Notes 28 Table 3 Phase 1 Habitat Survey Species List 29 April 2015 │ Tesni Properties Ltd │ 20604-02 R3 Rev2 Habitats Regulations Assessment Document Prepared For Tesni Properties Ltd Linden House Mold Business Park Wrexham Road Mold, CH7 1XP Document Prepared By Document Approved By Dr Jon Huckle Matthew Hopkins Technical Director Regional Director [email protected] [email protected] Version Date Reason 20604-02 R3 Rev1 March 2015 Initial draft for client review 20604-02 R3 Rev2 April 2015 Final report for issue Copyright © 2015 Atmos Consulting Ltd Rosebery House, Moray House, Durham Dales Linden House Keystone 9 Haymarket 16-18 Bank Street, Centre, Mold Business Park Innovation Centre Terrace, Inverness, Castle Gardens, Wrexham Road Croxton Road Edinburgh, IV1 1QY Stanhope, Mold, Thetford EH12 5EZ County Durham, CH7 1XP Norfolk DL13 2FJ IP24 1JD Habitats Regulations Assessment 1 Introduction 1.1 Terms of Reference Atmos Consulting Ltd was commissioned by Tesni Properties Ltd to undertake an ecological assessment of land to the south of Brandon Road in Watton, Norfolk (hereafter referred to as the “proposed Site”) to inform a proposal for a 177-unit residential housing development (hereafter referred to as the “project”). An Ecological Assessment report has been prepared (Ref Atmos 20604-02 R2 Rev2) to support an outline planning application to Breckland Council, and which describes the ecological baseline information relating to the proposed Site, including the findings of an Extended Phase 1 habitat survey (JNCC 2010) undertaken in October 2014. The Ecological Assessment also included mitigation and enhancement feature that have been embedded into the outline design of the project, and which are considered to be integral features of the scheme. To accompany the planning application it is recognised that a Habitats Regulations Assessment (HRA) is required to consider the implications of the proposed development in the context of the designation of the Breckland Special Protection Area (SPA), with particular reference to Stone Curlew, Burhinus oedicnemus. 1.2 Site Description The proposed Site comprises a total of three fields centred on National Grid Reference TF 9088 0045, and covers an area of approximately 8.44 ha. All three fields have been more or less unmanaged for agricultural use for a number of years, and it is understood that the fields form part of the ‘set aside’ contribution for the larger landholding to the south as part of a whole farm agri-environment package. The habitats present within and adjacent to the Site, as recorded during the Phase 1 habitat survey are presented at Appendix B. The fields are located immediately adjacent to previously developed areas of Watton. To the north of the proposed Site, a residential development is located between the proposed Site and Brandon Road, comprising housing built in approximately 2000. To the west of the Site, there is an area of open amenity green space associated with the Bridle Road housing development. To the east are a number of school fields and a small area of green space. To the southeast of the Site (and south of the eastern most field, Field 3), lies a residential development associated with Jubilee Road. The three fields are bounded by relatively intact hedgerows, many supporting mature broadleaved trees, and are relatively small compared to the larger arable fields located to the south of the proposed Site; the westernmost field (Field 1) measures approximately 2.33 ha, the central field (Field 2) measures approximately 3.8 ha and the easternmost field (Field 3) measures approximately 2.19 ha. 1.3 Structure of the Report This report provides an assessment of the potential effects of the proposed development on the Breckland SPA in accordance with the Conservation of Habitats April 2015 │ Tesni Properties Ltd │ 20604-02 R3 Rev2 1 Habitats Regulations Assessment and Species Regulations 2010, as amended, hereafter referred to as the ‘Habitats Regulations’. The structure of this report follows the following outline: Summary of the Legal Framework and Local Policy Context, including a review of the HRA methodology to be used; Background Information relating to the project, the Breckland SPA and data regarding Stone Curlew records and habitats; The Habitats Regulations Assessment It is considered that the proposed development site is sufficiently distant from habitat likely to support breeding nightjar Caprimulgus europaeus or woodlark Lullula arborea to discount potential adverse effects on these features of the Breckland SPA. 2 Legislation and planning policy 2.1 The Habitats Regulations Assessment Process A Habitats Regulation Assessment (HRA) is required under the ‘Habitats Regulations’, and the general process is outlined in guidance issued by the Planning Inspectorate (PINS 2012). There are a number of stages within the HRA process, which reflect the protection conferred on European Sites by the EU Habitats Directive. These are outlined in flow charts within the Planning Inspectorate guidance as well as in ODPM Circular 06/2005 (ODPM 2006), which remains current valid guidance at the time of writing, notwithstanding that it accompanied Planning Policy Statement 9 that has now been superseded by the National Planning Policy Framework (DCLG 2012). The first stage is to establish whether the Project is directly connected to nature conservation management of the SPA. This is not the case in relation to a proposed housing development, and therefore further consideration is needed. The second stage is to determine whether the Project is likely to have a significant effect on the internationally important interest features of the SPA, either alone or in combination with other Plans and Projects. In the event that a potential significant effect cannot be ruled out, the third stage is to undertake an ‘Appropriate Assessment’ of the implications of the proposal for the site’s conservation objectives. An Appropriate Assessment, if required for a particular plan or project, is undertaken to fulfil regulation 61 of the Habitats Regulations, which states: 61. (1) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which— (a)is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and . (b)is not directly connected with or necessary to the management of that site, . must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives. (2) A person applying for any such consent, permission or other authorisation must provide such information as the competent authority may reasonably require for the purposes of the assessment or to enable them to determine whether an appropriate assessment is required. April 2015 │ Tesni Properties Ltd │ 20604-02 R3 Rev2 2 Habitats Regulations Assessment (3) The competent authority must for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specify. (4) They must also, if they consider it appropriate, take the opinion of the general public, and if they do so, they must take such steps for that purpose as they consider appropriate. (5) In the light of the conclusions of the assessment, and subject to regulation 62 (considerations of overriding public interest), the competent authority may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be). (6) In considering whether a plan or project will adversely affect the integrity of the site, the authority must have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which they propose that the consent, permission or other authorisation should be given.