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Wiltshire County Council Waste and Minerals Core Strategies CORNWALL Area of Outstanding Natural Beauty REVIEW OF MANAGEMENT PLAN 2016-21 DRAFT HABITATS REGULATIONS ASSESSMENT SCREENING REPORT January 2016 CORNWALL AONB REVIEW OF MANAGEMENT PLAN 2016-21 DRAFT HABITATS REGULATIONS ASSESSMENT SCREENING REPORT date: January 2016 prepared for: Cornwall AONB Partnership prepared by: Alastair Peattie Enfusion quality Barbara Carroll Enfusion assurance: Treenwood House Rowden Lane Bradford on Avon BA15 2AU t: 01225 867112 www.enfusion.co.uk Cornwall AONB Management Plan Review 2016-21: HRA Screening Report CONTENTS PAGE 1 INTRODUCTION 1 Background 1 Purpose and Structure of Report 2 2 HABITATS REGULATIONS ASSESSMENT (HRA) 3 Requirement for Habitats Regulations Assessment (HRA) 3 Guidance and Good Practice 3 Consultation 4 3 SCREENING 6 Previous Screening Work 6 Screening the Draft AONB Management Plan Review 7 5 HRA CONCLUSIONS 12 Consultation and Further Work 12 TABLES & FIGURES Table 2.1: Habitats Regulations Assessment: Key Stages 4 Table 3.1: HRA Screening Summary 11 Table 3.4: Screening Summary Key 17 Figure 3.1: European Site Characterisations 7 APPENDICES I European Site Characterisations II Screening of Draft AONB Management Plan Review Policies January 2016 Enfusion Cornwall AONB Management Plan Review 2016-21: HRA Screening Report 1.0 INTRODUCTION 1.1 The Cornwall AONB Partnership (on behalf of the Cornwall Council) is in the process of reviewing the Cornwall AONB Management Plan, which was adopted in 2011. The Management Plan highlights the value and special qualities of the Cornwall AONB and shows communities and partners how their activity contributes to protected landscape purposes. It also sets the strategic context for development in or affecting the AONB through its evidence bases, policies and principles. 1.2 Enfusion has been commissioned to progress the Habitats Regulations Assessment (HRA) of the AONB Management Plan Review on behalf of the Cornwall AONB Partnership (on behalf of Cornwall Council in their role as the competent authority). Enfusion was also commissioned to undertake the Sustainability Appraisal (incorporating Strategic Environmental Assessment) of the AONB Management Plan Review and this work has been undertaken concurrently, with the two processes informing each other as appropriate. Background 1.3 The adopted Cornwall AONB Management Plan (2011-16) prepared by the Cornwall AONB Partnership (on behalf of the Cornwall Council) is unique in England and comprises Strategic Themes, Policies and eleven Local Area Chapters that recognise the different geology & landscape characteristics. A HRA Screening Report was published alongside the adopted Management Plan in 2011, which concluded that the Plan would not have any significant effects on any European sites either alone or in combination. 1.4 The Review of the AONB Management Plan (2016-21) has considered the experience gained and lessons learnt from using the Management Plan since 2011, together with the Scoping Review of the COANBMP (LUC, May 20151). The Partnership proposes to retain these two elements of the plan - Strategic Themes and Local Area Chapters, together with some restructuring that reorganises policies to different Themes to better reflect the aims and role of the plan, including new policy areas on natural capital and ecosystem services requirements. The Local Area chapters are likely to be made more concise and focused. 1.5 The draft revised Cornwall AONB Management Plan for 2016-21 comprises the following: . Strategic Vision and Aims for People and Place . Delivery Plan with geographical priorities . Strategic Place Policies 1 We’ll need a hyperlink to this document on the AONB website please & presumably it will be part of the evidence base for the published draft MP? January 2016 1 / 13 Enfusion Cornwall AONB Management Plan Review 2016-21: HRA Screening Report . Strategic People Policies . Local Area Sections 1.6 The Management Plan is intended to be a shared strategy that will be of interest to the communities, parishes, residents, businesses, landowners and farmers, agencies, authorities, utilities, organisations and amenity groups operating within, or with an interest in, the AONB. The Management Plan also has a role in planning and acts as a material planning consideration for development management purposes and is required to be taken into account in the preparation of the Cornwall Local Plan and any Neighbourhood Plans affecting the AONB. The draft Management Plan has been prepared to demonstrate a close alignment with the Cornwall Council’s strategy2 for 2015-19 and the overall objectives for the emerging Local Plan3. 1.7 It is understood that there is an aspiration for the Review of the AONB Management Plan to be adopted as a Supplementary Planning Document (SPD) as part of the emerging Cornwall Local Plan. In July 2015, the Inspector agreed4 to a suspension of the examination of the Cornwall Local Plan to enable the Council to undertake further work and consult on proposed changes in response to his Preliminary Findings. It should be noted that the review of the Cornwall AONBMP will continue according to its own programme and terms of reference. The review also takes into consideration the anticipated later adoption as SPD as part of the Cornwall Local Plan. Those elements of the AONB Management Plan that are relevant to spatial planning will be adapted and agreed in SPD format and in accordance with planning requirements. Purpose & Structure of Report 1.8 This report documents the process and the findings of the HRA screening for the Draft AOMB Management Plan Review. Following this introductory section the document is organised into a further four sections: . Section 2 summarises the requirements and key stages for HRA. Section 3 outlines the screening process and the findings of the screening assessment. Section 4 summarises the findings of the HRA and sets out the next steps. 2 https://www.cornwall.gov.uk/council-and-democracy/council-strategy-and-business-plan- 2015-19/ 3 http://www.cornwall.gov.uk/localplancornwall 4 https://www.cornwall.gov.uk/environment-and-planning/planning/planning-policy/cornwall- local-plan/local-plan-examination/ January 2016 2 / 13 Enfusion Cornwall AONB Management Plan Review 2016-21: HRA Screening Report 2.0 HABITATS REGULATIONS ASSESSMENT (HRA) Requirement for Habitats Regulations Assessment 2.1 The Conservation of Habitats and Species Regulations 2010 (as amended) [the Habitats Regulations] require that HRA is applied to all statutory land use plans in England and Wales. The aim of the HRA process is to assess the potential effects arising from a plan against the conservation objectives of any site designated for its nature conservation importance. 2.2 The Habitats Regulations transpose the requirements of the European Directive (92/43/EEC) on the Conservation of Natural Habitats and Wild Flora and Fauna [the Habitats Directive] which aims to protect habitats and species of European nature conservation importance. The Directive establishes a network of internationally important sites designated for their ecological status. These are referred to as Natura 2000 sites or European Sites, and comprise Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) which are designated under European Directive (2009/147/EC) on the conservation of wild birds [the Birds Directive]. In addition, Government guidance also requires that Ramsar sites (which support internationally important wetland habitats and are listed under the Convention on Wetlands of International Importance [Ramsar Convention]) are included within the HRA process as required by the Regulations. 2.3 The process of HRA is based on the precautionary principle and evidence should be presented to allow a determination of whether the impacts of a land-use plan, when considered in combination with the effects of other plans and projects against the conservation objectives of a European Site; would adversely affect the integrity of that site. Where effects are considered uncertain, the potential for adverse impacts should be assumed. Guidance and Good Practice 2.4 The application of HRA to Local Plans has been informed by a number of key guidance and practice documents. Draft guidance for HRA ‘Planning for the Protection of European Sites: Appropriate Assessment’, was published by the Government (DCLG, 2006) and is based on the European Commission’s (2001) guidance for the Appropriate Assessment of Plans. The DCLG guidance recommends three main stages to the HRA process: . Stage 1: Screening for Likely Significant Effect . Stage 2: Appropriate Assessment, Ascertaining Effects on Integrity . Stage 3: Mitigations Measures and Alternatives Assessment. 2.5 If alternative solutions or avoidance/ mitigation measures to remove adverse effects on site integrity cannot be delivered then current guidance recommends an additional stage to consider Imperative January 2016 3 / 13 Enfusion Cornwall AONB Management Plan Review 2016-21: HRA Screening Report Reasons of Overriding Public Interest (IROPI) for why the plan should proceed. For the HRA of land use plans IROPI is only likely to be justified in a very limited set of circumstances and must be accompanied by agreed, deliverable compensation measures for the habitats and species affected. For this reason the IROPI stage is not detailed further in this report. 2.6 More recently Natural England has produced additional, detailed guidance on the HRA of Local Development Documents (Tyldesley, 2009 (as updated)) that complements the DCLG
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