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Habitat Regulations Assessment North Somerset Council Sites and Policies Part 1: Development Management Policies Habitat Regulations Assessment June 2015 1 Contents Page Introduction 3 Scope of the HRA 3 Status of the Sites and Policies Plan 3 Relevance of the Core Strategy HRA Screening 4 Policies which have been subject to more specific HRA Screening 5 Cumulative and in-combination effects 8 Liaison with Natural England 9 Conclusion 11 Appendices Appendix 1: Map of European Sites within North Somerset 12 Appendix 2: European Sites and their qualifying features 13 Appendix 3: List of Policies in the Sites and Policies Plan Part 1 23 Appendix 4: Table of main amendments to policies since Consultation Draft stage 26 Appendix 5: Core Strategy HRA Matrices 30 2 1. Introduction 1.1 This report documents the Habitats Regulations Assessment (HRA) work which has been carried out on the Sites and Policies Plan Part 1: Development Management Policies Publication Version, February 2015 (the “Sites and Policies Plan Part 1” for short). The relevant regulations are the Conservation of Habitats and Species Regulations 2010, which relate to Articles 6(3) and (4) of the Habitats Directive. 1.2 The implications of the regulations (section 102) is that before a local authority can authorise a plan or project which is likely to have a significant effect on the integrity of a European site it must make an appropriate assessment of the implications for that site in view of its conservation objectives. Screening considers whether significant effects are likely, and hence whether an Appropriate Assessment is necessary. “European sites” are Natura 2000 sites. They include Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Ramsar sites, under the EC Birds and Habitats Directives. This HRA document covers screening assessment of the Sites and Policies Plan Part 1. 1.3 The document has been produced by North Somerset Council officers in liaison with Natural England, as indicated in section 7. 2. Scope of the HRA 2.1 The screening assessment considers whether significant effects would be likely regarding the four European Sites within/adjoining North Somerset which are the Severn Estuary European Marine Site (SAC, SPA and Ramsar), the Mendip Limestone Grasslands SAC, the Avon Gorge Woodlands SAC and North Somerset and Mendip Bats SAC. 2.2 There are European Sites further afield outside North Somerset. However due to the distance of these sites to the plan area it was assessed that there would not be likely significant effects on these sites. 2.3 Consistent with the regulations, the screening exercise has taken account of whether significant effects are likely from the Sites and Policies Plan Part 1 alone, and also whether in-combination effects are likely (taking account of other plans and projects in combination with it). 2.4 A map showing the location of the European Sites considered, and descriptions of their qualifying features and conservation objectives are included in Appendices 1 and 2 respectively. 3 3. Status of the Sites and Policies Plan Part 1. 3.1 The Consultation Draft Sites and Policies Plan was subject to public consultation in February –April 2013. Further progress on the Sites and Policies Plan has been delayed pending resolution of the Core Strategy remitted policies. (Following a legal challenge to the adopted Core Strategy, Policy CS13 (housing requirement) was remitted back to the Planning Inspectorate for re-examination. In addition, eight other policies were also remitted on the grounds that should the housing requirement be increased then this may have consequences for one or more of these policies. The examination of the remitted policies is taking place in two stages. In March 2015 the Inspector reported on his consideration of Policy CS13 and concluded that the housing requirement should be 20,985 dwellings for 2006-2026. However, the Secretary of State subsequently indicated that he would be formally intervening in the process to review and consider the Inspector’s conclusions, and this will now be subject to the Secretary of State’s approval. The next stage of the process will be to consider any consequences for the other remitted policies. ) 3.2 The Consultation Draft Sites and Policies Plan February 2013 comprised two sections: Development Management Policies and Place-making Policies (site allocations). 3.3 As the Core Strategy remitted policies primarily relate to site allocations, the decision was taken to split the plan into two parts, and to take forward the Development Management Policies first, as a Part 1 document. As a consequence the Sites and Policies Plan Part 1 Development Management Policies (Publication Version) was published for public consultation in February 2015. 3.4 The site allocations part (2) of the plan will follow once the Core Strategy remitted policies have been resolved. 3.5 The first table in Appendix 4 summarises the policies which have been taken forward in the Part 1 (Publication) document, highlighting any significant changes made to them from the February 2013 Consultation Draft. These are the more generic development management policies against which planning applications and development proposals are assessed. They are generally less contentious as they generally don’t relate to specific sites or allocations. 3.6 Appendix 4 also includes a further table showing those policies from the Development Management Policies section of the Consultation Draft Sites and Policies Plan which, for various reasons, were not taken forward for inclusion within the Part 1 (Publication) document. The table gives the reasons. 4 4. Relevance of the Core Strategy HRA Screening 4.1 The North Somerset Core Strategy was adopted in April 2012 and was subject to a high level HRA assessment, which has since been updated to take account of subsequent changes to the housing requirement in policy CS13, (most recently the possible increased requirement of 20,985 dwellings for 2006-2026). The Sites and Policies Plan Part 1 is in conformity with the strategic policy approach of the Core Strategy, in terms of nature and location of development and the two plans cover largely similar topics and issues. Therefore in broad terms the HRA of the Core Strategy is very relevant to the Sites and Policies Plan Part 1. 4.2 In view of this, it was felt that it was not necessary to undertake a full screening assessment matrix for HRA, listing all the Sites and Policies Plan 1 policies. It was recognised that many of the policies relate to topics covered by more strategic policies in the Core Strategy, for which screening (consideration of the likelihood of significant effects) has already been addressed through the Core Strategy HRA screening assessment (see Appendix 5 below). It was also recognised that the Sites and Policies Plan 1 generally does not lend itself to a detailed or precise assessment, a point which Natural England have acknowledged. As indicated above, the Sites and Policies Plan Part 1 generally does not allocate sites for development, and contains only limited site specific detail. The policies are mainly generic policies against which planning applications and development proposals are assessed across the district, and which are essentially about the management/control of development. 4.3 Therefore, for most policies in the Sites and Policies Plan 1, the screening which was carried out for the Core Strategy is considered relevant and adequate, and there is no need for further screening. From the conclusions that were drawn for the Core Strategy HRA, it can be assumed that, for those policies, with relevant mitigation measures identified in the screening matrices (see appendix 5), there would not be likely significant effects on European sites. 5. Policies which have been subject to more specific HRA Screening. 5.1 However, the Sites and Policies Plan Part 1 does contain some policies which are more site specific, or which focus development into certain areas, and for these it was felt that further, more specific screening assessment is needed. They have been assessed below. Policy DM16: Allocation of Land at the Spinney 5.2 Policy DM16 concerns continued allocation of land for mineral working at the Spinney, directly south of Stancombe Quarry, as a potential extension to that quarry. It is effectively a carry over of an existing allocation in the adopted Mineral Working in Avon Local Plan. 5 5.3 However a planning application for mineral working of the site (ref 14/P/1179/F2) has been granted (May 2015), so further consideration of the policy, in HRA terms, is not necessary. Also, having regard to Natural England’ comments on the planning application it is considered that the development would not have likely significant effects (LSEs) on European sites. 5.4 While the Spinney, distant from most of the European Sites, is within a 5km consultation zone of the North Somerset and Mendip Bats SAC, around its component sites, in the adopted North Somerset Replacement Local Plan, the formal comments of Natural England, on the planning application, (in a letter dated 24 July 2014), stated: “This application is in close proximity to the North Somerset and Mendip Hills Special Area of Conservation (SAC) which is also notified as Brockley Hall Stables SSSI. Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the site has been notified. We therefore advise your authority that this SAC/SSSI does not represent a constraint in determining this application”. Policy DM20: Major Highways Schemes 5.5 Policy DM20 safeguards land for a number of major transport schemes. The HRA of the Core Strategy policy CS10 covered the same major highways schemes, (and more) and its findings are applicable to policy DM20.
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