Habitats Regulations Assessment (HRA)
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HRA of Purbeck Local Plan Revised Housing Options Habitats Regulations Assessment of the Stroud District Local Plan Review Pre-submission Draft Plan. Authors: Durwyn Liley & Chris Panter FOOTPRINT ECOLOGY, FOREST OFFICE, BERE ROAD, WAREHAM, DORSET BH20 7PA WWW.FOOTPRINT - ECOLOGY.CO.UK 01929 552444 Footprint Contract Reference: 496 Date: 23rd May 2021 Version: Final (Regulation 19 version) Recommended Citation: Liley, D., & Panter, C. (2021). Habitats Regulations Assessment of the Stroud District Local Plan Review Pre-submission Draft Plan. Report for Stroud District Council 2 HRA of Purbeck Local Plan at Main Modifications Summary The Conservation of Habitats and Species Regulations 2017 (as amended) require local authorities to assess the impact of their local plan on the internationally important sites for biodiversity in and around their administrative areas. Together, these Special Protection Areas, Special Areas of Conservation and Ramsar sites are known as European sites. The task is achieved by means of a Habitats Regulations Assessment (HRA). An HRA asks very specific questions of a plan. Firstly, it ‘screens’ the plan to identify if there is a risk that certain policies or allocations may have a ‘likely significant effect’ on a European site, alone or (if necessary) in-combination with other plans and projects. If the risk of likely significant effects can be ruled out, then the plan may be adopted but if they cannot, the plan must be subjected to the greater scrutiny of an ‘appropriate assessment’ to find out if the plan will have an ‘adverse effect on the integrity’ of the European sites. Following an appropriate assessment, a Plan may only be adopted if an adverse effect on the integrity of the site can be ruled out. If necessary, a plan should be amended to avoid or mitigate any likely conflicts. This usually means that some policies or allocations will need to be modified or, more unusually, may have to be removed altogether. This document is the HRA for the Stroud District Local Plan Review Pre-submission Draft Plan (Regulation 19 Consultation), dated May 2021. The HRA found that likely significant effects could be ruled out for the vast majority of policies and allocations. However, the screening assessment was unable to rule out likely significant effects from a number of policies/allocations in terms of: urban effects (Severn Estuary Special Area of Conservation (SAC)/Special Protection Area (SPA)/Ramsar and Rodborough Common SAC), loss of supporting habitat/functionally linked land (Severn Estuary SAC/SPA/Ramsar), recreation (Cotswolds Beechwoods SAC, Rodborough Common SAC and Severn Estuary SAC/SPA/Ramsar), water issues (Severn Estuary SAC/SPA/Ramsar) and air quality (Cotswolds Beechwoods SAC and Rodborough Common SAC). These issues were therefore taken to appropriate assessment. Urban effects Urban effects relate to issues where development is close to the European site boundary and is an umbrella term relating to impacts such as light, noise, cat predation, fly tipping, spread of invasive species (e.g. from gardens and garden waste) and vandalism. Likely significant effects were identified alone for two allocations adjacent to the Severn Estuary SAC/SPA/Ramsar. These two allocations (PS34 and PS36) are within the Berkeley Cluster, at Sharpness. Mitigation measures have been embedded in the Plan and include a requirement that development is set back from the European site boundary, barriers involving wetland or aquatic habitats between the development site and the European site boundary and the need for site design and construction details to be addressed. Policy wording therefore ensures that urban effects are addressed at the detailed design stage and that measures are possible that can be secured at project level to eliminate adverse effects on integrity. The protective wording ensures adverse effects on integrity to the Severn Estuary SAC/SPA/Ramsar from 3 HRA of Purbeck Local Plan at Main Modifications urban effects can be eliminated and as the risks are so small (due to development being set back and barriers put in place between the European site and housing), adverse effects on integrity can be ruled out alone or in-combination. Likely significant effects were also identified for Rodborough Common SAC with respect to Delivery Policy EI2, which identifies existing employment sites where mixed use development will be permitted. Two sites were within 400m of Rodborough Common SAC. These are sites that are already developed and checks on aerial imagery indicate that these are sufficiently separated from the SAC that adverse effects on integrity can be ruled out for the sites alone and the risks are so small that adverse effects on integrity can also be ruled out in- combination. Loss of supporting habitat/functionally-linked land The loss, deterioration, or compromise of habitat outside a European site boundary that serves a supporting role for the European site can have impacts for qualifying features of European sites, particularly mobile species such as birds. Screening identified likely significant effects for the following allocations alone in relation to the Severn Estuary SAC/SPA/Ramsar: PS34 Sharpness Docks and PS36 Sharpness new settlement. For both sites, mitigation measures have been embedded within the plan and address the scale of risk and issues at each location. For PS34 measures include a requirement for survey work and details of mitigation measures such as refuge areas secured within the detailed site design. For PS36, a much larger land area is allocated, spreading across multiple fields, with evidence that some of these are at least occasionally used by qualifying features of the SPA/Ramsar. Recognising that in the long-term such areas could play a more important role (as a result of climate change), there is some uncertainty as to the degree of risk. The Plan therefore requires provision of 35ha of nature reserve, with no public access, outside the Severn Estuary SAC/SPA/Ramsar. This will secure sufficient habitat as mitigation. Other measures include carefully planned construction to ensure no disturbance to the bird interest of the SPA/Ramsar. These various mitigation measures will need to be resolved through site design and project level HRA, in particular ensuring that the nature reserve is secured and effective in-perpetuity. Subject to the above issues being, adverse effects on integrity from the loss of supporting habitat/functionally-linked land can be ruled out for the two allocations alone. The risks are so small that further assessment considering in-combination effects with other plans and projects would not change the outcome of the assessment and adverse effects on integrity for all sites from loss of supporting habitat can therefore be ruled out alone or in-combination. Recreation Screening identified likely significant effects alone for the Severn Estuary SAC/SPA/Ramsar as a result of allocations PS34 and PS36 (within the Berkeley Cluster), these are both large allocations adjacent to the European site. Likely significant effects were also identified as a result of the cumulative level of growth within the Plan within 15.4km of the Cotswolds Beechwoods SAC, within 3.9km of Rodborough Common SAC and within 7.7km of the Severn Estuary SAC/SPA/Ramsar. These distances reflect the distance bands used in existing 4 HRA of Purbeck Local Plan at Main Modifications mitigation schemes (the 7.7km for the Severn Estuary SAC/SPA/Ramsar) or recent visitor survey data and distance within which 75% of visitors had originated. Existing strategic approaches to address recreation impacts are in place for Rodborough Common SAC and for the Severn Estuary SAC/SPA/Ramsar and have been running for a number of years. These provide an established means to address the cumulative impacts from recreation and are cross-referenced within the Plan. However, both require updating to ensure they will deliver sufficient mitigation to address the scale of growth in the Local Plan Review. Once updated the mitigation strategies are likely to enable the Council to be confident that adverse effects on integrity, alone or in combination, can be ruled out for Rodborough Common SAC and for the Severn Estuary SAC/SPA/Ramsar. A strategic mitigation scheme is also in draft for the Cotswolds Beechwoods SAC. Although currently in draft, it is referenced within the Plan and there is a clear commitment in the supporting text for Policy ES6. Once formally in place the strategy will address cumulative, in- combination effects of development across Stroud District and neighbouring authorities and will allow adverse effects on integrity to be ruled out, alone or in-combination. For the two Sharpness allocations PS34 and PS36, mitigation measures have been incorporated into the Plan and these will be secured at project level. They include provision of a SANG associated with PS36 and the diversion of the current Severn Way promoted route. The measures ensure localised impacts resulting from large amounts of new housing in a single location are addressed. Alongside contributions towards an updated Severn Estuary strategic mitigation scheme these measures once implemented will be sufficient to address risks relating to recreation impacts and the Severn Estuary SAC/SPA/Ramsar and ensure adverse effects alone or in-combination can be ruled out. Water issues Detailed assessment indicates there are no risks in relation to water quantity and the River Severn SAC/SPA/Ramsar. With respect to water quality, details of how wastewater issues will be resolved will need to be checked as part of project level HRA for 7 sites and the details can only be addressed at the detailed masterplan level, which will inform any upgrade requirements or further constraints. The Plan contains relevant wording to ensure these checks are undertaken and development will not proceed without them. As such, it can be ascertained that the Plan will not adversely affect the integrity of the Severn Estuary SAC/SPA/Ramsar alone with respect to water issues.