Consultation Draft Habitats Regulations Task 1 Screening

Habitat Regulation Assessment Screening Task 1 New Local Plan

January 2012 Intentionally blank

Contents

Introduction 3

Method 6

HRA Screening Task 1 7

Preparing for HRA Screening Task 3 67

Consultation on HRA Screening Task 1 68

Tables:

Table 1: HRA Screening Key Tasks 6

Table 2: European Site Designations 7

Table 3: HRA Data Proforma Essex Estuaries 8

Table 4: HRA Data Proforma Benfleet and Southend Marshes 17

Table 5: HRA Data Proforma Blackwater Estuary 24

Table 6: HRA Data Proforma Crouch and Roach Estuaries 32

Table 7: HRA Data Proforma Foulness 40

Table 8: HRA Data Proforma Medway Estuary and Marshes 49

Table 9: HRA Data Proforma Thames Estuary and Marshes 56

Table 10: HRA Data Proforma The Swale 63

Appendices

Appendix 1: European Sites within 15km of Castle Point

Introduction Castle Point Borough Council is at an early stage in the preparation of a New Local Plan for the borough. The New Local Plan will provide the planning framework (vision, objectives, spatial development strategy and core policies for spatial planning), and also site allocations and development control policies to guide the location and delivery of development in Castle Point until 2031.

The Council is required to carry out Habitat Regulations Assessment (HRA) of any spatial development plans it prepares, in accordance with the European Habitats Directive (92/43/ECC), as set out in the UK amended Habitat Regulations 2007. Habitat Regulations Assessment is also commonly referred to as Appropriate Assessment (AA) although the requirement for AA is first determined by an initial ‘screening’ stage undertaken as part of the full HRA.

The New Local Plan Castle Point Borough Council committed to preparing a New Local Plan in September 2011. The purpose of the New Local Plan will be to determine and set out a strategy for the future delivery of development and growth in Castle Point, including directing such development and growth towards the most appropriate and sustainable locations.

The New Local Plan will consider all development requirements including housing, employment, retail and community facilities. It will also consider the associated need for new infrastructure including flood defences, drainage, roads, parks and open spaces. This will ensure infrastructure delivery is aligned with the delivery of development and growth.

The New Local Plan will set out policies against which planning applications will be considered. As well as locational considerations, policies will also address the impact of development on others, the design of development and its environmental sustainability. This will ensure that where new developments are permitted they will not have a significant adverse impact on neighbours and contribute towards a high quality natural and built environment.

At this time aims and objectives for the New Local Plan have not been established. However, it is expected that it will attempt to achieve the following through its development:

• Determine an appropriate level of housing that should be provided in the borough, and identify the size and tenure that should make up that provision; • Determine an appropriate level of employment floorspace provision for the borough, and identify the mix of industries that this should be targeted at; • Determine an appropriate level of retail floorspace provision for the borough, and identify the distribution between convenience and comparison floorspace that should be achieved;

• Identify the community infrastructure required to support the likely resultant population of the plan; • Identify the physical and green infrastructure required to support the likely resultant population of the plan; • Identify appropriate development locations, avoiding areas of high environmental quality or sensitivity; • Set out policies that will protect those elements of the local environment worthy of preservation; • Set out policies that will improve the quality of the built and natural environment in the borough; • Set out policies that protect local people from significant adverse impacts of development, and improve the quality of living in Castle Point; • Set out policies that achieve high levels of environmental sustainability through the development process.

Requirement for Habitat Regulations Assessment The European Directive (92/43/EEC) on the Conservation of Natural Habitats and Wild Flora and Fauna (the Habitats Directive) protects habitats and species of European nature conservation importance. The Habitat 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).

Article 6(3) and 6(4) of the Habitats Directive requires Appropriate Assessment (AA) to be undertaken on proposed plans or projects which are likely to have a significant effect on one or more Natura 2000 sites either individually, or in combination with other plans and projects. In 2007, this requirement was transposed into UK law in Part IVA of the Habitats Regulations (The Conservation (Natural Habitats, & c.)(Amendment)(England and Wales) Regulations 2007). These regulations require the application of AA to all land use plans. 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), candidate SACs and potential SPAs are included within the HRA/AA.

The purpose of HRA is to assess the impacts of a land-use plan, in combination with the effects of other plans and projects, against the conservation objectives of European sites, and to determine whether it would adversely affect the integrity of that site. Where significant negative effects are identified, alternative options should be examined to avoid any potential damaging effects. The scope of the AA is dependent on the location, size and significance of the proposed plan or project and is first determined by screening.

The aim of this report is to carry out an initial screening exercise for the HRA, to determine the European Sites that should be the subject of the HRA/AA, and to

determine the conservation objectives and likely sensitivities of these sites. This is identified as Task 1 in the method section of this report.

Guidance for Habitat Regulation Assessment/Appropriate Assessment Draft guidance for AA ‘Planning for the Protection of European Sites: Appropriate Assessment’ was published by the Department for Communities and Local Government (DCLG) in 2006. A partnership of consultants has also prepared guidance entitled ‘Appropriate Assessment of Plans’ dated August 2007, to assist planning bodies comply with the Habitats Directive. Guidance is also available from the Royal Society for the Protection of Birds (RSPB). Most recently however, Natural England, the governments advisors on nature conservation matters, has produced draft guidance entitled ‘The Habitats Regulations Assessment of Local Development Documents’ dated 2009, which takes into account recent developments in HRA practice.

The methods and approach that will be used in preparing the HRA/AA for the New Local Plan will be based on the Natural England draft guidance and emerging good practice.

Consultation The Habitats Regulations require the plan making authority (Castle Point Borough Council in this instance) to consult the appropriate nature conservation statutory body (Natural England) during the preparation of the HRA/AA.

Additionally, to ensure that the final HRA/AA is as robust as possible, the Council will also engage with known non-statutory groups with a nature conservation interest throughout the preparation of the HRA/AA. These will include, but are not limited to:

• RSPB • Essex Wildlife Trust • Buglife

The Council also recognises that the Environment Agency, due to the work they carry out in monitoring water quality, will also be able to provide advice to the Council throughout the preparation of the HRA/AA, and will also be consulted.

This Screening Report will form the bases of the initial consultation with these organisations with the aim of determining the extent of coverage that the HRA/AA should have.

Method In accordance with the official guidance and current practice, the screening stage of the HRA will follow the method outlined below:

Table 1: HRA Screening Key Tasks

Task 1 Identification of European Sites both Identification of Natura 2000 sites and within Castle Point and in a buffer zone characterisations of 15km around the district boundary.

Information was obtained for each European Site, based on publicly available information. This includes information related to the sites’ description, qualifying features, conservation objectives, conditions and vulnerabilities/areas of concern.

Consultation is required to ensure this element is as complete as possible.

Task 2 Screening of the policy approaches and Strategy review, policy screening and the identification of likely impacts identification of likely impacts (including a review of the overarching strategy to determine any likely impacts).

Task 3 Identification and consideration, where Consideration of other plans and appropriate, of other plans and programmes programmes that may have in- combination effects with the New Local Plan.

Task 4 Summary of screening Screening Assessment

HRA Screening Task 1 There is one European site within Castle Point Borough’s administrative boundary. Taking into account the potential for transboundary impacts, a further seven European Sites have been identified within a 15km buffer zone of Castle Point’s boundary. The list of European sites that will therefore be considered as part of this HRA Screening Assessment are identified in table 2 below:

Table 2: Designation European Sites within Castle Point Boroughs Administrative Boundary Benfleet and Southend Marshes SPA / Ramsar European Sites within a 15km search area Blackwater Estuary SPA / Ramsar Crouch and Roach Estuaries SPA / Ramsar Essex Estuaries SAC Foulness SPA / Ramsar Medway Estuary and Marshes SPA / Ramsar Thames Estuary and Marshes SPA / Ramsar The Swale SPA / Ramsar

A map showing the location of these sites in relation to Castle Point is at Appendix 1. Characterisations and information for each of the identified sites follows.

Question HRA1: Has the Council identified all appropriate European Sites to include within the Habitats Regulations Assessment of the New Local Plan? If no, please provide details.

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 Site Description This is a large estuarine site in south-east England, and is a typical, undeveloped, coastal plain estuarine system with associated open coast mudflats and sandbanks. The site comprises the major estuaries of the Colne, Blackwater, Crouch and Roach rivers and is important as an extensive area of contiguous estuarine habitat. Essex Estuaries contains a very wide range of characteristic marine and estuarine sediment communities on mixed, tide-swept substrates. Sublittoral areas have a very rich invertebrate fauna, including the reef-building worm Sabellaria spinulosa, the brittlestar Ophiothrix fragilis, crustaceans and ascidians. The site also has large areas of saltmarsh and other important coastal habitats.

Designation Special Area of Conservation (SAC) JNCC Site Code: UK0013690

Qualifying Features Annex 1 habitats that are a primary reason for selection of this site: • Estuaries • Mudflats and sandflats not covered by seawater at low tide • Salicornia and other annuals colonising mud and sand • Spartina swards (Spartinion maritimae) • Atlantic salt meadows (Glauco-Puccinellietalia maritimae) • Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi)

Annex 1 habitats present as a qualifying feature: • Sandbanks which are slightly covered by sea water all the time

Conservation Objectives Draft Conservation Objectives

Glasswort and other annuals colonising mud and sand – pioneer saltmarsh Subject to natural change, maintain glasswort and other annuals colonising mud and sand in favourable condition, in particular: • Glasswort (Salicornia agg) community • Annual seablite (Suaeda maritime) community • Sea aster community

Cordgrass swards Subject to natural change, maintain the cordgrass swards (Spartinion) in a favourable condition, in particular: • Small cordgrass (Spartina maritima) community • Smooth cordgrass (Spartina alterniflora) community 8

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 Atlantic salt meadows Subject to natural change, maintain the Atlantic salt meadows (Glauco-Puccinellietalia) in favourable condition, in particular: • Low / mid marsh communities • Upper marsh communities • Drift line community

Mediterranean saltmarsh scrubs Subject to natural change, maintain the Mediterranean and thermo-Atlantic halophilious scrubs (Arthrocnemetalia fructicosae) in a favourable condition, in particular: • Shrubby seablite (Suaeda vera) community • Sea puriane (Halimione portulacoides) / sea heath (Frankenia laevis) community

Estuaries To maintain estuaries in favourable condition, taking account of natural change, with particular reference to : • Saltmarsh communities • Intertidal mud and sand flat communities • Rock communities • Subtidal mud communities • Subtidal mixed sediment communities • Subtidal muddy sand communities

Intertidal mudflats and sandflats To maintain intertidal mudflats and sandflats in favourable condition subject to natural change, with particular reference to: • Mud communities • Muddy sand communities • Sand and gravel communities

Component SSSIs • Blackwater Estuary • Crouch and Roach Estuaries • Colne Estuary • Foulness • Dengie 9

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82

SAC Condition Assessment No condition assessment is currently available for the Essex Estuaries SAC, therefore the condition status of the component SSSIs are provided below:

% Area meeting % Area % Area % Area % Area % Area Destroyed PSA target Favourable Unfavourable Unfavourable Unfavourable / Part Destroyed Recovering No Change Declining Blackwater Estuary SSSI condition summary November 2011 98.39% 23.05% 75.34% 0% 1.57% 0.04% Crouch and Roach Estuaries SSSI condition summary November 2011 99.33% 22.87% 76.46% 0.67% 0% 0% Colne Estuary SSSI condition summary November 2011 99.82% 25.26% 74.56% 0% 0.18% 0% Foulness SSSI condition summary November 2011 99.98% 77.52% 22.46% 0.02% 0% 0% Dengie SSSI condition summary November 2011 100% 62.77% 37.23% 0% 0% 0%

Vulnerabilities (including Habitat Loss and Fragmentation existing pressures and trends) • The saltmarshes and mudflats are under threat from ‘coastal squeeze’ – man made sea defences prevent landward migration of these habitats in response to sea-level rise. • Smothering by sediments driven by storm tides and siltation. Increased Water Pollution • Sources of potential water quality pressures include inputs from sewage effluent, agriculture (and urban) run- off, landfill leachates and the atmosphere. Shipping and recreational boating and other offshore activities add to these land-based sources.

Physical Disturbance • Siltation exacerbated by disruption to equilibrium between deposition and erosion by coastal defences (sea wall), management/mowing and channel dredging. • Disturbance from water-based and terrestrial recreational activities, such as abrasion by the action of moored boats and trampling by walkers. • Selective extraction of minerals (e.g. aggregate dredging). 10

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 • Low water levels as a result of increased abstraction.

Non-physical Disturbance • Noise (e.g. bird and plane activity). • Visual presence (e.g. recreational activity).

Biological Disturbance • Introduction of microbial pathogens. • Introduction of non-native species and translocation. • Selective abstraction of species (e.g. bait digging, wildfowl, commercial and recreational fishing).

HRA/AA Studies undertaken The HRA (including AA) of proposed changes to Southend on Sea Core Strategy DPD July 2007 that address this site The HRA found that two Core Strategy policies have the potential for likely significant effects and would benefit from strengthening. Amendments to policy wording were proposed and considered to be sufficient to address the identified likely significant effects. These revised policies have been reassessed and it is considered that if the recommended changes to the Core Strategy policies are adopted within the Core Strategy DPD then no further Appropriate Assessment of this document is required.

The assessment concluded that if the recommendations were incorporated then the Core Strategy will not have adverse effects on the integrity of the following European Sites either alone or in-combination: • Benfleet and Southend Marshes SPA • Foulness SPA • Essex Estuaries SAC • Crouch and Roach Estuaries SPA • Thames Estuary and Marshes SPA

Southend Airport Runway Extension and Associated Development: Stage 1 Screening Report – Habitats Regulations Assessment August 2009 The HRA identifies that the construction and operation of the proposal has the potential to result in the following impacts: • Construction / operational noise and disturbance; • Increase in atmospheric pollutants as a result of increased flight numbers; and • Change to surface run-off and hydrology resulting from increase in area of hard surfaces.

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 The HRA concluded that no significant effects are likely on the qualifying features of the Essex Estuaries SAC as a result of the proposed airport runway extension and associated infrastructure developments, nor will the conservation objectives be compromised.

HRA of Rochford District Councils Core Strategy 2010 The HRA considered the Essex Estuaries SAC. It found that the Rochford Core Strategy had the potential for likely significant effects both alone and in-combination on European sites through: increased disturbance; increased atmospheric pollution and reduced water levels and quality.

The assessment considered that mitigation provided by the Core Strategy through the provision of new open space and alternative recreation opportunities – in the west of the district away from the European Sites – would be sufficient to avoid likely significant effects as a result of increased disturbance. Similarly, it was considered that the Core Strategy contained sufficient policy mitigation and monitoring measures to avoid likely effects on European Sites either alone or in-combination through increased atmospheric pollution.

However, the assessment could not conclude with certainty that the level of development proposed in the Core Strategy and surrounding areas will not have likely significant in-combination effects on European Sites via reduced water quality and increased water resource demand. In order to address these uncertainties, the addition of two water quality indicators was made to the Core Strategy Monitoring Framework. This was to allow for the Council to determine whether developments being implemented through the plan are having an adverse effect on the biological and chemical water quality of the European Sites. Water efficiency requirements were also include within the plan. Finally, it was concluded that the HRA should be reviewed once the Thames Gateway South Essex Watercycle Study was complete.

Essex County Council Minerals Development Document: Preferred Approach Habitat Regulation Assessment Appropriate Assessment 2010 This HRA considered the following European Sites: • Essex Estuaries SAC • Benfleet and Southend Marshes SPA and Ramsar • Blackwater Estuary (mid-Essex Coast Phase 4) SPA and Ramsar • Colne Estuary (mid-Essex Coast Phase 2) SPA and Ramsar • Crouch and Roach Estuaries (mid-Essex Coast Phase 3) SPA and Ramsar • Dengie (mid-Essex Coast Phase 1) SPA and Ramsar • Foulness (mid-Essex Coast Phase 5) SPA and Ramsar • Lee Valley SPA and Ramsar 12

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

Recommendations were made with regard to managing Air Quality, Water Quality and Flows and minimising disturbance. The HRA concluded that the MDD Preferred Approach has established a sufficient policy framework to enable the delivery of measures to either avoid or adequately mitigate adverse effects on the integrity of European sites.

Essex County Council Waste Development Document: Sites Habitat Regulation Assessment 2011 This assessment identified five sites that could not be screened out of the HRA because of their potential impact on European Sites. These sites were: • W12 - Ballast Quay/Fingringhoe; • L1 - Towerfield/Fingringhoe; • L2 - Holmwood Farm/Fingringhoe; • W14 – Alresford; and • L13R – Wellwick.

The fact that these sites have not been screened out does not mean that they will have adverse effects on European sites but rather that further consideration is required. Three of these sites are already identified in the Essex Council Minerals Development Document for minerals usage prior to waste usage (as sites D2, A28 and A14).

These sites would primarily be most likely to impact on the Colne Estuary SPA, however sites L1, L2 and L13R are within a few hundred metres of the Essex Estuaries SAC. The HRA does however conclude that significant effects will on balance probably not occur as a result of waste operations at these sites (largely because the waste operations are likely to be quieter than some CDE waste recycling activities and because work will take place within an existing minerals void) but a precautionary approach is considered necessary at this strategic level. The suggested safeguards are as follows: • Due to the very close proximity to the Colne Estuary SPA/Ramsar site, any planning application for waste use of sites W12, L1, L2 and W14 will need to be supported with a Habitat Regulations Assessment confirming that significant effects on the Colne Estuary are unlikely.

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 • The prioritisation of water and rail transport of minerals over road transport clearly has a number of environmental benefits; nonetheless, there is potential, both alone and in combination with other projects, for this approach to lead to increased likelihood of reduced water quality at European designated sites through increased shipping movements. It would be important for the site promoter for site W12 to be able to confirm that there would be no requirement for additional dredging of channels, over and above current operations or what would otherwise be undertaken in order to facilitate transport from the safeguarded wharf.

Essex County Council Waste Development Document: Preferred Approach Habitat Regulations Assessment 2011 This HRA considered the following European Sites: • Essex Estuaries SAC • Benfleet and Southend Marshes SPA and Ramsar • Blackwater Estuary (mid-Essex Coast Phase 4) SPA and Ramsar • Colne Estuary (mid-Essex Coast Phase 2) SPA and Ramsar • Crouch and Roach Estuaries (mid-Essex Coast Phase 3) SPA and Ramsar • Dengie (mid-Essex Coast Phase 1) SPA and Ramsar • Foulness (mid-Essex Coast Phase 5) SPA and Ramsar • Lee Valley SPA and Ramsar • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

The Preferred Approaches WDD submitted for HRA consideration has been screened for potential effects on internationally important wildlife sites. It has been possible, as they stand, to screen all Preferred Approach as either having no likely significant effects on internationally designated European sites per se, or because they included the need to comply with other WDD policies. The crucial Preferred Approach that they would comply with is PA23 that states that ‘Waste management development proposals will be acceptable… provided satisfactory provision is made to avoid unacceptable impacts and maximise opportunities in respect of the following … biodiversity within the Plan area (including internationally, nationally and locally designated sites... In particular, proposals should avoid … disturbance or harm to species, as a result of noise, visual impacts (including light pollution) dust or vibration’.

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 Chelmsford Borough Council Site Allocations DPD Habitats Regulations Assessment Final Report 2009 The impact of proposed development sites were assessed in respect of the following European sites: • Crouch and Roach Estuaries (Mid-Essex Coast Phase 3) SPA and Ramsar Site • Essex Estuaries SAC • Blackwater Estuary (Mid-Essex Coast Phase 2) SPA and Ramsar Site • Dengie (Mid-Essex Coast Phase 1) SPA and Ramsar Site • Colne Estuary (Mid-Essex Coast Phase 2) SPA and Ramsar Site • Foulness (Mid-Essex Coast Phase 5) SPA and Ramsar Site

It has been concluded that a number of allocations have such a potential but with appropriate mitigation such effects can be avoided.

Chelmsford Borough Council North Chelmsford AAP Habitats Regulations Assessment Final Report 2009 The impact of the proposed development site was assessed in respect of those European sites listed above. The HRA found that none of the allocations are likely to result in adverse effects upon European and Ramsar sites. This is primarily because the NCAAP area is located some distance from the nearest European site, thereby reducing the connectivity of allocations to European sites and allowing a degree of dilution with any potential water quality concerns. This assessment is based on the assumption that the standard development requirements relating to water resources and adhering to the Environment Agency’s pollution prevention guidelines apply.

Thurrock Proposed Submission Core Strategy and Policies for the Management of Development DPD HRA Final Report 2010 The HRA screening exercise carried out on Thurrock Council’s LDF Core Strategy Proposed Submission Document identified 15 policies that could not be screened out, and which therefore required Appropriate Assessment.

These policies have been scrutinised for potential for likely significant effects on the Thames Estuary and Marshes SPA/Ramsar site; Mid-Essex Estuaries SAC/SPAs/Ramsar sites; and North Kent Estuaries SACs/SPAs/Ramsar sites.

The policies have been assessed for potential to create impacts through coastal squeeze, recreational pressure, disturbance, reduced air quality, and reduced water quality. In combination effects have also been considered.

It has been concluded that an adequate policy framework exists (when considered within the context of the existing legal safeguards) to enable the delivery of measures to avoid adverse effects on European sites.

Habitats Regulations Assessment Site Report For Bradwell: EN-6 Draft National Policy Statement for Nuclear 15

Location: TM103048 Table 3: Habitats Regulations Assessment Data Proforma for Essex Estuaries Size (ha): 46,140.82 Power Generation, 2009 It is not possible to conclude that that there will not be adverse impacts on the integrity of the Mid-Essex Coast SPA/Ramsar through water quality pathways, habitat loss and coastal squeeze and disturbance. This is due to lack of more detailed information required to make an assessment such as movements of birds within the component designations and their feeding, roosting and breeding patterns.

Question HRA2: Are you satisfied with the data provided for the Essex Estuaries? If no, please provide details.

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31 Site Description Benfleet and Southend Marshes are located on the north shore of the outer Thames Estuary in southern England. The site comprises an extensive series of saltmarshes, cockle shell banks, mudflats, and grassland that supports a diverse flora and fauna. The productive mudflats, cockle shell banks and diverse saltmarsh communities provide a wide range of feeding and roosting opportunities for internationally important numbers of wintering wildfowl and waders.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9009171 JNCC Site Code: UK11006 Qualifying Features Article 4.2 Qualification (79/409/EEC) Ramsar criterion 5

Over winter the area regularly supports: Assemblage of international importance • Dark-bellied Brent Goose (Branta bernicla) 1.3% of the population Species with peak counts in winter: • Dunlin (Calidris alpina alpine) 2.1% of the • 32,867 waterfowl (5 year peak mean 1998/99- population in Great Britain 2002/03) • Knot (Calidris canutus) 2.6% of the population • Ringed Plover (Charadrius hiaticula) 1.3% of the Ramsar criterion 6 – species/populations occurring at population in Great Britain levels of international significance • Grey Plover (Pluvialis squatarola) 2.3% of the population Qualifying species/populations as identified at designation

Article 4.2 Qualification (79/409/EEC): An Species with peak counts in spring/autumn: Internationally important assemblage of birds • Dark-bellied Brent Goose (Branta bernicla bernicla) 4,532 individuals, representing an Over winter the area regularly supports: average of 2.1% of the population (5 year peak • 34,789 waterfowl (5 year peak mean 30/06/1999) mean 1998/99-2002/03) including: Branta bernicla, Charadrius hiaticula, Pluvialis squatarola, Calidris canutus, Calidris Species with peak counts in winter: alpina alpine • Grey Plover (Pluvialis squatarola) E Atlantic / W Africa – wintering 1,710 individuals, representing an average of 3.2% of the Great Britain population (5 year peak mean 1998/99-2002/03) • Red Knot (Calidris canutus islandica) W & Southern Africa (wintering) 6,307 individuals, representing an average 1.4% of the population (5 year peak mean 1998/99-2002/03) 17

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31

Species/populations identified subsequent to designation for possible future consideration under criterion 6

Species with peak counts in winter: • Dunlin (Calidris alpina alpine) W Siberia/W Europe 17,591 individuals, representing an average of 1.3% of the population (5 year peak mean 1998/99-2002/03)

Conservation Objectives Conservation objectives for the European interest in the SSSI

• To maintain, in favourable condition, the habitats for the populations of the regularly occurring migratory bird species, of European importance, with particular reference to: o Shell banks o Saltmarsh o Intertidal mudflat and sandflat communities o Eelgrass beds

• To maintain, in a favourable condition, the habitats for the populations of waterfowl that contribute to the wintering waterfowl assemblage of European importance, with particular reference to: o Shell banks o Saltmarsh o Intertidal mudflat and sandflat communities o Eelgrass beds

Note: maintain implies restoration of the feature is not currently in a favourable condition.

Component SSSIs • Benfleet and Southend Marshes

SAC Condition Assessment No condition assessment is currently available for the Benfleet and Southend Marshes SPA, therefore, the condition status of the component SSSI is provided below:

% Area meeting % Area % Area % Area % Area % Area 18

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31 PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed Benfleet and Southend Marshes SSSI condition summary 2009 92.26%% 78.04% 14.22% 0% 7.74% 0%

Vulnerabilities (including Habitat Loss and Fragmentation existing pressures and trends) • The saltmarshes and mudflats included under this designation, and used by birds are under threat from ‘coastal squeeze’ – man made sea defences prevent landward migration of these habitats in response to sea- level rise. • Smothering by sediment driven by storm tides and siltation.

Increased Water Pollution • Sources of potential water quality pressure include inputs from sewage effluent, agricultural (and urban) run-off, landfill leachates and the atmosphere. Shipping and recreational boating and other offshore activities add to these land-based sources.

Non-physical Disturbance • Noise (e.g. bird and plane activity). • The Natura 2000 data form states that recreational activity is not a problem, however infrastructure works to facilitate attractions are leading to piecemeal development which is dealt with under the planning control provisions of the Habitats Regulations.

Biological Disturbance • Introduction of microbial pathogens. • Introduction of non-native species and translocation. 19

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31 • Selective abstraction of species (e.g. bait digging, wildfowl, commercial and recreational fishing).

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31 complete.

The HRA concluded that no significant effects are likely on the qualifying features of the Benfleet and Southend Marshes SPA and Ramsar site as a result of the proposed airport runway extension and associated infrastructure developments, nor will the conservation objectives be compromised.

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31 enable the delivery of measures to either avoid or adequately mitigate adverse effects on the integrity of European sites.

Location: 513142N 004100E Table 4: Habitats Regulations Assessment Data Proforma for Benfleet and Southend Marshes Size (ha): 2,251.31

Habitats Regulations Assessment Site Report For Bradwell: EN-6 Draft National Policy Statement for Nuclear Power Generation, 2009 It is not possible at this stage of the development of the Nuclear NPS to say that the development of a nuclear power station on the nominated site would not have significant adverse effects on the Outer Thames Estuary SPA as a result of impacts to water quality, through disturbance, or from habitat loss/ fragmentation.

Question HRA3: Are you satisfied with the data provided for the Benfleet and Southend Marshes? If no, please provide details.

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 Site Description The Blackwater Estuary is located on the coast of Essex in eastern England. It is the largest estuary in Essex and is one of the largest estuarine complexes in East Anglia. Its mudflats are fringed by saltmarsh on the upper shores, with shingle, shell banks and offshore islands a feature of the tidal flats. The surrounding terrestrial habitats: The seawall, ancient grazing marsh and its associated fleet and ditch systems, plus semi improved grassland, are of high conservation interest. The diversity of estuarine habitats results in the sites being of importance for a wide range of overwintering waterbirds, including raptors, geese, ducks and waders. The site is also important in summer for breeding terns.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9009245 JNCC Site Code: UK11006 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar criterion 1 Qualifies by virtue of the extent and diversity of saltmarsh During the breeding season the area regularly supports: habitat present. This site, and the four others in the Mid- • Little Tern (Sterna albifrons)(Eastern Atlantic – Essex Coast complex, includes a total of 3,237 ha that breeding) at least 0.9% of the Great Britain represent 70% of the saltmarsh habitat in Essex and 7% population 5 year mean, 1992-1996. of the total area of saltmarsh in Britain.

Over winter the area regularly supports: Ramsar criterion 2 • Hen Harrier (Circus cyaneus) up to 2.5% of the The invertebrate fauna is well represented and includes at Great Britain population 5 year mean 1987/8 – least 16 British Red Data Book species. In descending 1991/2 order of rarity these are: Endangered: a water beetle Paracymus aeneus; Vulnerable: a damselfly Lestes Article 4.2 Qualification (79/409/EEC) dryas, the flies Aedes flavescens, Erioptera bivittata, Hybomitra expollicata and the spiders Heliophanus During the breeding season the area regularly supports: auratus and Trichopterna cito; Rare: the beetles Baris • Common Pochard (Aythya farina) (North-western / scolopacea, Philonthus punctus, Graptodytes bilineatus North-eastern Europe) up to 6% of the population and Malachius vulneratus, the flies Campsicemus magius in Great Britain 5 year mean , 1987-1991. and Myopites eximia, the moths Idaea ochrata and • Ringed Plover (Charadrius hiaticula) Malacosoma castrensis and the spider Euophrys. (Europe/Northern Africa – wintering) up to 1.6% of the population in Great Britain 5 year mean 1987- Ramsar criterion 3 1991. This site supports a full and representative sequences of Over winter the area regularly supports: saltmarsh plant communities covering the range of • Brent Goose (Branta bernicla)(Western variation in Britain. Siberia/Western Europe) 5.1% of the population 5 24

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 year peak mean 1991/92 – 1995/96 Ramsar criterion 5 • Dunlin (Calidris alpina alpine)(Northern Siberia/Europe/Western Africa) 2.4% of the Assemblages of international importance: population 5 year peak mean 1991/92 – 1995/96 • Ringer Plover (Charadrius hiaticula) 0.7% of the Species with peak counts in winter: population 5 year peak mean 1991/92 – 1995/96 • 105061 waterfowl (5 year peak mean 1998/99- • Black-tailed Godwit (Limosa limosa islandica) 2002/03) (Iceland – breeding) 2% of the population 5 year peak mean 1991/92 – 1995/96. Ramsar criterion 6 – species/populations occurring at • Grey Plover (Pluvialis squatarola)(Eatern Atlantic levels of international importance. – wintering) 3% of the population 5 year peak mean 1991/92 – 1995/96. Qualifying Species/populations (as identified at designation): Article 4.2 Qualification (79/409/EEC): An Internationally important assemblage of birds Species with peak counts in winter: • Dark-bellied brent goose (Branta bernicla bernicla) Over winter the area regularly supports: 8689 individuals, representing an average of 4% • 109,964 waterfowl (5 year peak mean 01/04/1998) of thepopulation (5 year peak mean 1998/9- including: Branta bernicla, Charadrius hiaticula, 2002/3) Pluvialis squatarola, Calidris alpina alpine, Limosa • Grey plover (Pluvialis squatarola) E Atlantic/W limosa islandica Africa –wintering 4215 individuals, representing an average of 1.7% of the population (5 year peak mean 1998/9-2002/3) • Dunlin (Calidris alpina alpine) W Siberia/W Europe 27655 individuals, representing an average of 2% of the population (5 year peak mean 1998/9- 2002/3) • Black-tailed godwit (Limosa limosa islandica) Iceland/W Europe 2174 individuals, representing an average of 6.2% of the population (5 year peak mean 1998/9-2002/3)

Species/populations identified subsequent to designation for possible future consideration under criterion 6. 25

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15

Species with peak counts in winter: • Common shelduck (Tadorna tadorna) NW 3141 individuals, representing an average of 1% of the population (5 year peak mean 1998/9-2002/3) • European golden plover (Pluvialis apricaria apricaria) P. a. altifrons Iceland & Faroes/E 16083 individuals, representing an average of 1.7% of the population (5 year peak mean 1998/9-2002/3) • Common redshank (Tringa totanus totanus) 4169 individuals, representing an average of 1.6% of the population (5 year peak mean 1998/9-2002/3)

Conservation Objectives Conservation objectives for the European SAC interests in the SSSI are:

• Subject to natural change, to maintain, in a favourable condition the: o Glasswort and other annuals colonising mud and sand o Cordgrass swards (Spartinion) o Atlantic salt meadows (Glauco Puccinellietalia) o Mediterranean and thermo-Atlantic halophilous scrubs (Arthrocnemetalia fructicosae) o Estuaries o Intertidal mudflats and sandflats

• To maintain in a favourable condition, the habitats for the populations of the Annex 1 bird species +, of European importance, with particular reference to: o Semi improved grassland o Unimproved grazing marsh inc. ditches o Semi-improved grazing marsh o London clay with deep water fish fauna (inc. cliffs) o Swamp with open water o Intertidal mud and saltmarsh o Intertidal mud o Intertidal mud with shingle and sand o Sand o Shingle 26

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 o Saltmarsh o Saltmarsh and shingle o Coastal lagoon and seawall with borrow dyke.

• To maintain in a favourable condition, the habitats for the populations of the regularly occurring migratory bird species +, of European Importance, with particular reference to: o Semi improved grassland o Unimproved grazing marsh inc. ditches o Semi-improved grazing marsh o London clay with deep water fish fauna (inc. cliffs) o Swamp with open water o Intertidal mud and saltmarsh o Intertidal mud o Intertidal mud with shingle and sand o Sand o Shingle o Saltmarsh o Saltmarsh and shingle o Coastal lagoon and seawall with borrow dyke.

The Conservation objectives for the Blackwater Estuary SPA are, in accordance with para C10 of PPG9, the reasons for which the SPA was classified. The entry of the 25 August 1998 on the register of European Sites gives the reasons for which the SPA was classified. Component SSSIs • Blackwater Estuary SSSI

SAC Condition Assessment No condition assessment is currently available for Blackwater Estuary SPA, therefore, the condition status of the component SSSI is provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed Blackwater Estuary SSSI condition summary 2009 98.39% 23.05% 75.34% 0% 1.57% 0.04%

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 Vulnerabilities (including Coastal erosion existing pressures and trends) • The main threat to the site is erosion of intertidal habitats due to a combination of sea level rise and isostatic forces operating on the land mass of Great Britain. The situation is worsened with increasing winter storm events, whilst the hard sea walls along the coastline are preventing the saltmarsh and intertidal areas from migrating inland. This situation is starting to be addressed by alternative flood defence techniques. A shoreline management plan has been prepared for the Essex coast, which seeks to provide a blueprint for managing the coastline sustainably.

Nutrient enrichment • Nutrient enrichment occurs from agricultural run-off and treated sewage effluent. This problem will be addressed through the Essex Estuaries candidate SAC scheme of management as well as review of discharge consents under the Habitats Regulations.

Water-based recreation • The control of motorised craft (with particular reference to jet skis) is being addressed through the Blackwater Estuary Management Plan. Enforcement of speed limits should ensure that roosting birds are not subjected to disturbance and saltmarsh habitats are protected from damage by jet-skis.

Drought • The droughts over the last five years have resulted in lower water tables in grazing marshes. Attempts are being made to restore this by pumping water from adjacent ditches and use of tertiary treated sewage effluent.

HRA/AA Studies undertaken HRA of Rochford District Councils Core Strategy 2010 that address this site The HRA considered the Essex Estuaries SAC. It found that the Rochford Core Strategy had the potential for likely significant effects both alone and in-combination on European sites through: increased disturbance; increased atmospheric pollution and reduced water levels and quality.

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 water quality and increased water resource demand. In order to address these uncertainties, the addition of two water quality indicators was made to the Core Strategy Monitoring Framework. This was to allow for the Council to determine whether developments being implemented through the plan are having an adverse effect on the biological and chemical water quality of the European Sites. Water efficiency requirements were also include within the plan. Finally, it was concluded that the HRA should be reviewed once the Thames Gateway South Essex Watercycle Study was complete.

Essex County Council Waste Development Document: Preferred Approach Habitat Regulations Assessment 2011 This HRA considered the following European Sites: • Essex Estuaries SAC 29

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15 • Benfleet and Southend Marshes SPA and Ramsar • Blackwater Estuary (mid-Essex Coast Phase 4) SPA and Ramsar • Colne Estuary (mid-Essex Coast Phase 2) SPA and Ramsar • Crouch and Roach Estuaries (mid-Essex Coast Phase 3) SPA and Ramsar • Dengie (mid-Essex Coast Phase 1) SPA and Ramsar • Foulness (mid-Essex Coast Phase 5) SPA and Ramsar • Lee Valley SPA and Ramsar • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

Chelmsford Borough Council Site Allocations DPD Habitats Regulations Assessment Final Report 2009 The impacted of proposed development sites were assessed in respect of the following European sites: • Crouch and Roach Estuaries (Mid-Essex Coast Phase 3) SPA and Ramsar Site • Essex Estuaries SAC • Blackwater Estuary (Mid-Essex Coast Phase 2) SPA and Ramsar Site • Dengie (Mid-Essex Coast Phase 1) SPA and Ramsar Site • Colne Estuary (Mid-Essex Coast Phase 2) SPA and Ramsar Site • Foulness (Mid-Essex Coast Phase 5) SPA and Ramsar Site

It has been concluded that a number of allocations have such a potential but with appropriate mitigation such effects can be avoided. 30

Location: 514513N 005159E Table 5: Habitats Regulations Assessment Data Proforma for the Blackwater Estuary Size (ha): 4,395.15

Habitats Regulations Assessment Site Report for Bradwell: EN-6 Draft National Policy Statement for Nuclear Power Generation, 2009 It is not possible to conclude that that there will not be adverse impacts on the integrity of the Mid-Essex Coast SPA/Ramsar through water quality pathways, habitat loss and coastal squeeze and disturbance. This is due to lack of more detailed information required to make an assessment such as movements of birds within the component designations and their feeding, roosting and breeding patterns.

Question HRA4: Are you satisfied with the data provided for the Blackwater Estuary? If no, please provide details.

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 Site Description The Crouch and Roach Estuaries are located on the coast of south Essex in eastern England. The Ricer Crouch occupies a shallow valley between two ridges of London Clay, whilst the River Roach is set predominantly between areas of brick earth and loams with patches of sand and gravel. The intertidal zone along the Rivers Crouch and Roach is ‘squeezed’ between the sea walls along both banks and the river channel. Unlike more extensive estuaries elsewhere in Essex, this leaves a relatively narrow strip of tidal mud which, nonetheless, is used by significant numbers of birds. The site is of importance for wintering waterbirds, especially Dark-bellied Brent Goose. The Crouch and Roach Estuary is an integral component of the phased Mid-Essex Coast SPA.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9009244 JNCC Site Code: UK11058 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar criterion 2 Supports an appreciable assemblage of rare, vulnerable Over winter the area regularly supports: or endangered species or subspecies of plant and animal • Hen Harrier (Circus cyaneus) up to 2.5% of the including 13 nationally scarce plant species: slender Great Britain population 5 year mean 1987 – 1991 hare’s ear Bupleurum tenuissimum, divided sedge Carex divisa, sea barley Hordeum marinum, golden-samphire Article 4.2 Qualification (79/409/EEC) Inula crithmoides, laxflowered sea-lavender Limonium humile, curved hardgrass Parapholis incurva, Borrer’s Over winter the area regularly supports: saltmarsh grass Puccinellia fasciculata, stiff saltmarsh • Dark-bellied Brent Goose (Branta bernicla grass Puccinellia rupestris, spiral tasselweed Ruppia bernicla)(Western Siberia/Western Europe) 1% of cirrhosa, one-flowered glasswort Salicornia pusilla, small the population 5 year peak mean 1991/92 – cord-grass Spartina maritima, shrubby seablite Suaeda 1995/96 vera and sea clover Trifolium squamosum. Several important invertebrate species are also present on the Article 4.2 Qualification (79/409/EEC): An site, including scarce emerald damselfly Lestes dryas, the Internationally important assemblage of birds shorefly Parydroptera discomyzina, the rare soldier fly Stratiomys singularior, the large horsefly Hybomitra Over winter the area regularly supports: expollicata, the beetles Graptodytes bilineatus and • 18,607 waterfowl (5 year peak mean 30/06/1999) Malachius vulneratus, the ground lackey moth including: Branta bernicla bernicla Malacosoma castrensis and Eucosoma catoprana.

Ramsar criterion 5 Assemblages of international importance

Species with peak counts in winter: 32

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 • 16970 waterfowl (5 year peak mean 1998/99- 2002/2003)

Ramsar criterion 6 - species/populations occurring at levels of international importance.

Qualifying Species/populations (as identified at designation)

Species with peak counts in winter: • Dark-bellied brent goose (Branta bernicla bernicla) 2103 individuals, representing an average of 2.1% of the GB population (5 year peak mean 1998/9- 2002/3) Conservation Objectives Component SSSI: Crouch and Roach Estuaries

Conservation objectives for the European Interest in the SSSI are:

• To maintain in a favourable condition, the habitats for the populations of the Annex 1 bird species, of European importance, with particular reference to: o Semi improved grassland o Unimproved grazing marsh inc. ditches o Semi-improved grazing marsh o Seawall with borrow dyke.

• To maintain in a favourable condition, the habitats for the populations of migratory bird species, of European Importance, with particular reference to: 33

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 o Grazing marsh o Improved grassland with ditches o Tidal inner estuary with sea wall o Tidal inner estuary without sea wall or saltmarsh o Tidal inner estuary without sea wall o Tidal outer estuarine o Saltmarsh/grassland transition

• To maintain in a favourable condition, the habitats for the populations of waterfowl that contribute to the wintering waterfowl assemblage of European importance with particular reference to: o Grazing marsh o Improved grassland with ditches o Freshwater lagoon with brackish creek o Open brackish water o Tidal inner estuary with sea wall (including sea wall and borrow dyke) o Tidal inner estuary without sea wall or saltmarsh o Tidal inner estuary without sea wall o Tidal outer estuarine o Saltmarsh/grassland transition o Coastal lagoon with reeds

Component SSSIs • Crouch and Roach Estuaries

SAC Condition Assessment No condition assessment is currently available for Crouch and Roach Estuaries SPA, therefore, the condition status of the component SSSI is provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed Crouch and Roach Estuaries SSSI condition summary 2009 99.33% 22.87% 76.46% 0.67% 0% 0%

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 landward migration of these habitats in response to sea-level rise. • Smothering by sediments driven by storm tides and siltation.

Increased Water Pollution • Sources of potential water quality pressures include inputs from sewage effluent, agriculture (and urban) run- off, landfill leachates and the atmosphere. Shipping and recreational boating and other offshore activities add to these land-based sources.

Non-physical Disturbance • Noise (e.g. bird and plane activity). • Visual presence (e.g. recreational activity). • Some disturbance of feeding and roosting waterfowl is likely through recreational use of sea wall footpaths by dog walkers, bird watchers etc.

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 • Change to surface run-off and hydrology resulting from increase in area of hard surfaces.

The HRA concluded that no significant effects are likely on the qualifying features of the Crouch and Roach Estuaries SPA and Ramsar site as a result of the proposed airport runway extension and associated infrastructure developments, nor will the conservation objectives be compromised.

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 • Blackwater Estuary (mid-Essex Coast Phase 4) SPA and Ramsar • Colne Estuary (mid-Essex Coast Phase 2) SPA and Ramsar • Crouch and Roach Estuaries (mid-Essex Coast Phase 3) SPA and Ramsar • Dengie (mid-Essex Coast Phase 1) SPA and Ramsar • Foulness (mid-Essex Coast Phase 5) SPA and Ramsar • Lee Valley SPA and Ramsar • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

It has been concluded that a number of allocations have such a potential but with appropriate mitigation such effects can be avoided.

Location: 513823N 004306E Table 6: Habitats Regulations Assessment Data Proforma for the Crouch and Roach Estuaries Size (ha): 1,753.58 Chelmsford Borough Council North Chelmsford AAP Habitats Regulations Assessment Final Report 2009 The impact of the proposed development site was assessed in respect of those European sites listed above. The HRA found that none of the allocations are likely to result in adverse effects upon European and Ramsar sites. This is primarily because the NCAAP area is located some distance from the nearest European site, thereby reducing the connectivity of allocations to European sites and allowing a degree of dilution with any potential water quality concerns. This assessment is based on the assumption that the standard development requirements relating to water resources and adhering to the Environment Agency’s pollution prevention guidelines apply.

Habitats Regulations Assessment Site Report For Bradwell: EN-6 Draft National Policy Statement for Nuclear Power Generation, 2009 It is not possible to conclude that that there will not be adverse impacts on the integrity of the Mid-Essex Coast SPA/Ramsar through water quality pathways, habitat loss and coastal squeeze and disturbance. This is due to lack of more detailed information required to make an assessment such as movements of birds within the component designations and their feeding, roosting and breeding patterns.

Question HRA5: Are you satisfied with the data provided for the Crouch and Roach Estuaries? If no, please provide details.

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 Site Description Foulness is located on the coast of Essex, on the east coast of England, north of the mouth of the Thames estuary. The site is part of an open coast estuarine system comprising grazing marsh, saltmarsh, intertidal mudflats, cockle shell banks and sandflats. It includes one of the three largest continuous sand-silt flats in the UK. The diversity of high quality coastal habitats present support important populations of breeding, migratory and wintering waterbirds, notably very important concentrations of Dark-bellied Brent Goose Branta bernicla bernicla.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9009246 JNCC Site Code: UK11026 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar criterion 1 This site qualifies by virtue of the extent and diversity of During the breeding season the area regularly supports: saltmarsh habitat present. This and four other sites in the • Avocet (Recurvirostra avosetta) up to 5.8% of the Mid-Essex Coast Ramsar site complex, include a total of Great Britain breeding population 5 year mean, 3,237 ha, that represent 70% of the saltmarsh habitat in 1987-1991 Essex and 7% of the total area of saltmarsh in Britain. • Little Tern (Sterna albifrons) at least 1% of the Great Britain breeding population 5 year mean Ramsar criterion 2 1992-1996 The site supports a number of nationally-rare and • Common Tern (Sterna hirundo) up to 1.8% of the nationally-scarce plant species, and British Red Data Great Britain breeding population Count, as at Book invertebrates. 1996 • Sandwich Tern (Sterna sandvicensis) up to 2.3% Ramsar criterion 3 of the Great Britain breeding population 5 year The site contains extensive saltmarsh habitat, with areas mean, 1992-1996 supporting full and representative sequences of saltmarsh plant communities covering the range of variation in Over winter the area regularly supports: Britain. • Hen Harrier (Circus cyaneus) up to 2.5% of the Great Britain population 5 year mean 1987 – 1991 Ramsar criterion 5 • Bar-tailed Godwit (Limosa lapponica) 14.6% of the Assemblages of international importance: Great Britain population 5 year peak mean Species with peak counts in winter: 1991/92-1995/96 • 82148 waterfowl (5 year peak mean 1998/99- • Avocet (Recurvirostra avosetta)7.9% of the Great 2002/2003) Britain population 5 year peak mean 1991/92- 1995/96 Ramsar criterion 6 – species/populations occurring at levels of international importance. Qualifying Species/populations (as identified at 40

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 Article 4.2 Qualification (79/409/EEC) designation).

Over winter the area regularly supports: Species with peak counts in spring/autumn: • Dark-bellied Brent Goose (Branta bernicla • Common redshank (Tringa totanus totanus) 2586 bernicla) 4.4% of the population 5 year peak mean individuals, representing an average of 1% of the 1991/92 – 1995/96 population (5 year peak mean 1998/9-2002/3) • Red Knot (Calidris canutus) 11.7% of the population 5 year peak mean 1991/92-1995-1996 Species with peak counts in winter: • Eurasian Oystercatcher (Haematopus ostralegus) • Dark-bellied brent goose (Branta bernicla bernicla) 1.3% of the population 5 year peak mean 1991/92 6475 individuals, representing an average of 3% – 1995/96 of the population (5 year peak mean 1998/9- • Grey Plover (Pluvialis squatarola) 2.5% of the 2002/3) population 5 year peak mean 1991/92-1995/96 • Eurasian oystercatcher (Haematopus ostralegus • Common Redshank (Tringa totanus) 0.8% of the ostralegus) Europe & NW Africa –wintering 14674 population 5 year peak mean 1991/92-1995/96 individuals, representing an average of 1.4% of the population (5 year peak mean 1998/9-2002/3) Article 4.2 Qualification (79/409/EEC): An • Grey plover (Pluvialis squatarola) E Atlantic/W Internationally important assemblage of birds Africa -wintering 4343 individuals, representing an average of 1.7% of the population (5 year peak Over winter the area regularly supports: mean 1998/9-2002/3) • 107,999 waterfowl (5 year peak mean 01/04/1998) • Red knot (Calidris canutus islandica) W & including: Branta bernicla bernicla, Haematopus Southern Africa (wintering) 22439 individuals, ostralegus, Recurvirostra avosetta, Pluvialis representing an average of 4.9% of the population squatarola, Calidris canutus, Limosa lapponica, (5 year peak mean 1998/9-2002/3) Tringa totanus • Bar-tailed godwit (Limosa lapponica lapponica) W Palearctic 4095 individuals, representing an average of 3.4% of the population (5 year peak mean 1998/9-2002/3) Conservation Objectives Component SSSI: Foulness

Conservation objectives for the European Interest in the SSSI are:

• Subject to natural change, to maintain, in a favourable condition Salicornia and other annual colonising mud and sand, in particular: o Glasswort and and seablite community 41

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 o Sea aster community

• Subject to natural change, maintain in a favourable condition the Spartina swards (Spartinion), in particular: o Small cordgrass community o Smooth cordgrass community

• Subject to natural change, maintain in a favourable condition the Atlantic salt meadows (Glauco- Puccinellietalia), in particular: o Low / mid marsh communities o Upper marsh communities o Upper marsh transitional communities o Drift line community

• Subject to natural change, maintain in a favourable condition the estuaries in particular: o Saltmarsh communities o Intertidal mudflat and sandflat communities o Rock communities o Subtidal mud communities o Subtidal muddy sand communities o Subtidal mixed sediment communities

• Subject to natural change, maintain in a favourable condition the mudflats and sandflats not covered by seawater at low tide, in particular: o Mud communities o Muddy sand communities o Sand and gravel communities

• Maintain in a favourable condition the habitats for the populations of Annex 1 species + of European importance, with particular reference to: o Woodland heath/scrub/acid grass/open water mosaic o Improved grassland with ditches o Grazing marsh with ditches o Coastal lagoon o Shell, sand and gravel shores o Intertidal mudflats and sandflats 42

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 o Saltmarsh o Coastal shallow waters

• Maintain in a favourable condition, the habitats for the populations of migratory birds + of European importance with particular reference to: o Woodland heath/scrub/acid grass/open water mosaic o Improved grassland with ditches o Grazing marsh with ditches o Coastal lagoon o Intertidal mudflats and sandflats o Saltmarsh o Boulder and cobble shores

• Maintain in a favourable condition the habitats for the waterfowl that contribute to the wintering waterfowl assemblage of European importance, with particular reference to: o Woodland heath/scrub/acid grass/open water mosaic o Improved grassland with ditches o Grazing marsh with ditches o Coastal lagoon o Intertidal mudflats and sandflats o Saltmarsh o Boulder and cobble shores

Component SSSIs • Foulness

SAC Condition Assessment No condition assessment is currently available for the SPA, therefore, the condition status of the component SSSI is provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed Foulness SSSI condition summary November 2011 99.98%% 77.52% 22.46% 0.02% 0% 0%

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 Vulnerabilities (including Much of the area is owned by the Ministry of Defence and is not, therefore, subject to development pressures or public existing pressures and trends) disturbance.

Habitat Loss and Fragmentation • Natural processes are adversely affecting the south-east coastline and saltmarshes are being eroded. • Maintenance of the integrity of the intertidal and saltmarsh habitats of the Mid-Essex Coast Ramsar sites as a whole is being addressed by soft sea defence measures, managed retreat and foreshore recharge. • The saltmarshes and mudflats are under threat from ‘coastal squeeze’ – man made sea defences prevent landward migration of these habitats in response to sea-level rise. • Smothering by sediments driven by storm tides and siltation.

Disturbance • The cockle beds on the Maplin Sands support internationally important numbers of wading birds. The Kent and Essex Sea Fisheries Committee control the cockle fishing through regulatory orders.

Physical Disturbance • Lower levels of rainfall and changes in drainage for agriculture have led to aridification, although this is compensated for by the addition of sea water. • Offshore aggregate dredging and seismic surveys could possiblyhave an adverse affect on the Maplin Sands. This will be addressed through the Essex Estuaries marine Special Area of Conservation (SAC) management scheme, of which Foulness is a part.

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 • Crouch and Roach Estuaries SPA • Thames Estuary and Marshes SPA

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 states that ‘Waste management development proposals will be acceptable… provided satisfactory provision is made to avoid unacceptable impacts and maximise opportunities in respect of the following … biodiversity within the Plan area (including internationally, nationally and locally designated sites... In particular, proposals should avoid … disturbance or harm to species, as a result of noise, visual impacts (including light pollution) dust or vibration’.

Habitats Regulations Assessment Site Report for Kingsnorth: EN-6 Draft National Policy Statement for Nuclear Power Generation, 2009 Taking into account the strategic nature of the plan and the information available, AA at this strategic level cannot rule out potential adverse effects on the Medway Estuary and Marshes SPA/Ramsar, Swale SPA/ Ramsar, Benfleet and Southend Marshes SPA/Ramsar, Thames Estuary and Marshes SPA/Ramsar, Foulness SPA/Ramsar and Essex Estuary SAC.

Potential for negative impacts on: • Water resources and quality; • Air quality; • Habitat and species loss and fragmentation; • Coastal squeeze; and • Disturbance.

It is not possible at this stage of the development of the Nuclear NPS to say that the development of a nuclear power station on the nominated site would not have significant adverse effects on the Outer Thames Estuary SPA as a result of impacts to water quality, through disturbance, or from habitat loss/ fragmentation.

Location: 513426N 005517E Table 7: Habitats Regulations Assessment Data Proforma for Foulness Size (ha): 10,968.9 • Dengie (Mid-Essex Coast Phase 1) SPA and Ramsar Site • Colne Estuary (Mid-Essex Coast Phase 2) SPA and Ramsar Site • Foulness (Mid-Essex Coast Phase 5) SPA and Ramsar Site

It has been concluded that a number of allocations have such a potential but with appropriate mitigation such effects can be avoided.

Question HRA6: Are you satisfied with the data provided for Foulness? If no, please provide details.

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 Site Description The Medway Estuary feeds into and lies on the south side of the outer Thames Estuary in Kent, South-east England. Its forms a single tidal system with the Sales and joins the Thanes Estuary between the Island of Grain and Sheerness. It has a complex arrangement of tidal channels, which drain large islands of saltmarsh and peninsulas of grazing marsh. The mudflats are rich in invertebrates and also support beds of Enteromorha and some eelgrass Zostera spp. Small shell beaches occur, particularly in the outer part of the estuary. Grazing marshes are present inside the sea walls around the estuary. The complex and diverse mixes of coastal habitats support important numbers of waterbirds throughout the year. In summer, the estuary supports breeding waders and terns, whilst in winter it holds important numbers of geese, ducks, grebes and waders. The site is also important during the spring and autumn migration periods, especially for waders.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9012031 JNCC Site Code: UK11040 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar criterion 2 • The site supports a number of species of rare During the breeding season the area regularly supports: plants and animals. The site holds several • Avocet (Recurvirostra avosetta) up to 6.2% of the nationally scarce plants, including sea barley Great Britain breeding population 5 year mean, Hordeum marinum, curved hard-grass Parapholis 1988-1992 incurva, annual beard-grass Polypogon • Little Tern (Sterna albifrons) at least 1.2% of the monspeliensis, Borrer's saltmarsh-grass Great Britain breeding population 5 year mean Puccinellia fasciculata, slender hare`s-ear 1991-1995 Bupleurum tenuissimum, sea clover Trifolium • Common Tern (Sterna hirundo) up to 0.6% of the squamosum, saltmarsh goose-foot Chenopodium Great Britain breeding population Count, as at chenopodioides, golden samphire Inula 1994 crithmoides, perennial glasswort Sarcocornia perennis and one-flowered glasswort Salicornia Over winter the area regularly supports: pusilla. • Bewicks Swan (Cygnus columbianus bewickii) • A total of at least twelve British Red Data Book (Western Siberia/North-eastern and North-western species of wetland invertebrates have been Europe) 0.2% of the Great Britain population 5 recorded on the site. These include a ground year peak mean 1991/92-1995/96 beetle Polistichus connexus, a fly Cephalops • Avocet (Recurvirostra avosetta)(Western perspicuus, a dancefly Poecilobothrus ducalis, a Europe/Western Mediterranean) 24.7% of the fly Anagnota collini, a weevil Baris scolopacea, a Great Britain population 5 year peak mean water beetle Berosus spinosus, a beetle 1991/92-1995/96 Malachius vulneratus, a rove beetle Philonthus punctus, the ground lackey moth Malacosoma 49

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 Article 4.2 Qualification (79/409/EEC) castrensis, a horsefly Atylotus latistriatuus, a fly Campsicnemus magius, a solider beetle, Over winter the area regularly supports: Cantharis fusca, and a cranefly Limonia danica. A • Northern Pintail (Anas acuta) (North-western significant number of non-wetland British Red Europe) 1.2% of the population 5 year peak mean Data Book species also occur. 1991/92-1995/96 • Northern Shoveler (Anas clypeata)(North-western Ramsar criterion 5 / Central Europe) 0.8% of the population in Great Assemblages of international importance Britain 5 year peak mean 1991/92-1995/96 • Common Teal (Anas crecca) (North-western Species with peak counts in winter: Europe) 1.3% of the population in Great Britain 5 • 47637 waterfowl (5 year peak mean 1998/99- year peak mean 1991/92-1995/96 2002/2003) • Eurasian Wigeon (Anas penelope)(Western Siberia / North-western / North-eastern Europe) Ramsar criterion 6 – species/populations occurring at 1.6% of the population in Great Britain 5 year peak levels of international importance mean 1991/92-1995/96 Qualifying Species/populations (as identified at • Ruddy Turnston (Arenaria interpres) (Western designation) Paleartic – wintering) 0.9% of the population in Great Britain 5 year peak mean 1991/92-1995/96 Species with peak counts in spring/autumn: • Dark-bellied Brent Goose (Branta bernicla • Grey plover , Pluvialis squatarola, E Atlantic/W bernicla)(Western Siberia/Western Europe) 1.1% Africa – wintering 3103 individuals, representing of the population 5 year peak mean 1991/92 – an average of 1.2% of the population (5 year peak 1995/96 mean 1998/9-2002/3) • Dulin (Calidris alpine alpine)(Northern Siberia / • Common redshank (Tringa totanus totanus) 3709 Europe / Western Africa) 1.9% of the population 5 individuals, representing an average of 1.4% of year peak mean 1991/92-1995/96 the population (5 year peak mean 1998/9-2002/3) • Red Knot (Calidris canutus) (North-eastern Canada / Greenland / Iceland / North-western Species with peak counts in winter: Europe) 0.2% of the population 5 year peak mean • Dark-bellied brent goose (Branta bernicla bernicla) 1991/92-1995-1996 2575 individuals, representing an average of 1.1% • Ringed Plover (Charadrius hiaticula) (Europe / of the population (5 year peak mean 1998/9- Northern Africa – wintering) 1.6% of the population 2002/3) 5 year peak mean 1991/92-1995/96 • Common shelduck (Tadorna tadorna) NW Europe • Eurasian Oystercatcher (Haematopus ostralegus) 2627 individuals, representing an average of 3.3% of the GB population (5 year peak mean 1998/9- 50

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 (Europe and Northern/Western Africa) 1% of the 2002/3) population in Great Britain 5 year peak mean • Northern pintail (Anas acuta) NW Europe 1118 1991/92 – 1995/96 individuals, representing an average of 1.8% of • Blacktailed Godwit ( Limosa limosa islandica) the population (5 year peak mean 1998/9-2002/3) (Inceland - -breeding) 12.9% of the population in • Ringed plover (Charadrius hiaticula) Great Britain 5 year peak mean 1991/92-1995/96 Europe/Northwest Africa 540 individuals, • Eurasian Curlew (Numenius arquata) (Europe – representing an average of 1.6% of the GB breeding) 1.7% of the population in Great Britain 5 population (5 year peak mean 1998/9-2002/3) year peak mean 1991/92-1995/96 • Red knot (Calidris canutus islandica) W & • Grey Plover (Pluvialis squatarola) (Eastern Atlantic Southern Africa (wintering) 3021 individuals, – wintering) 2% of the population 5 year peak representing an average of 1% of the GB mean 1991/92-1995/96 population (5 year peak mean 1998/9-2002/3) • Common Shelduck (Tadorna tadorna) (North- • Dunlin , Calidris alpina alpina, W Siberia/W western Europe) 1.5% of the population 5 year Europe 8263 individuals, representing an average peak mean 1991/92-1995/96 of 1.4% of the GB population (5 year peak mean • Greenshank (Tringa nebularia) (Europe/Western 1998/9-2002/3) Africa) 2.6% of the population of Great Britain – no count period specified. Species/populations identified subsequent to • Common Redshank (Tringa totanus) (Eastern designation for possible future consideration under Atlantic – wintering) 2.1% of the population 5 year criterion 6. peak mean 1991/92-1995/96 Species with peak counts in spring/autumn: Article 4.2 Qualification (79/409/EEC): An • Black-tailed godwit (Limosa limosa islandica) Internationally important assemblage of birds Iceland/W Europe 721 individuals, representing an average of 2% of the population (5 year peak During the breeding season, the area regularly supports: mean 1998/9-2002/3)

Alcedo atthis, Anas platyrhynchos , Asio flammeus, Aythya ferina , Circus cyaneus, Falco columbarius, Gavia stellata , Phalacrocorax carbo , Vanellus vanellus

Over winter, the area regularly supports:

• 65,496 waterfowl (5 year peak mean 01/04/1998) • Gavia stellata , Podiceps cristatus , Phalacrocorax 51

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 carbo , Cygnus columbianus bewickii , Branta bernicla bernicla , Tadorna tadorna , Anas penelope , Anas crecca , Anas platyrhynchos , Anas acuta , Anas clypeata, Aythya ferina , Haematopus ostralegus , Recurvirostra avosetta , Charadrius hiaticula , Pluvialis squatarola , Vanellus vanellus , Calidris canutus , Calidris alpina alpina , Limosa limosa islandica , Numenius arquata , Tringa totanus ,Tringa nebularia , Arenaria interpres.

Conservation Objectives The Conservation Objectives for this site are, subject to natural change, to maintain the following habitats in favourable condition, with particular reference to any dependent component special interest features (habitats, vegetation types, species, species assemblages etc.) for which the land is designated (SSSI, cSAC, SPA, Ramsar).

Habitat Types represented (Biodiversity Action Plan categories) • Improved Grassland • Fen, Marsh and Swamp • Littoral Sediment • Coastal Lagoon

Component SSSIs • Medway Estuary and Marshes SSSI

SAC Condition Assessment No condition assessment is currently available for the SPA, therefore, the condition status of the component SSSI is provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed Medway Estuary and Marshes SSSI condition summary November 2011 99.28%% 0% 99.28% 0.24% 0% 0.48%

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 Vulnerabilities (including Habitat fragmentation/Loss existing pressures and trends) • There is evidence of rapid erosion of intertidal habitat within the site due to natural processes. Research on mudflat recharge using dredging spoil is being investigated as a means of countering the erosion. • Also a threat of erosion from the effects of sea defences development and clay extraction

Physical Disturbance • The intertidal area is vulnerable to disturbance from water borne recreation. This is being addressed as part of an estuary management plan. • Pressures from proposed transport and industrial developments are being addressed through the planning system and under the provisions of the Habitat Regulations. • The effects of abstraction on the availability of water through abstraction for other land uses and drainage for arable cultivation will be addressed through the consent review process under the Habitats Regulations. • The terrestrial ecosystem is reliant on grazing practices and water management and changes to these may pose a threat.

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 Habitats Regulations Assessment Site Report for Kingsnorth: EN-6 Draft National Policy Statement for Nuclear Power Generation, 2009 Taking into account the strategic nature of the plan and the information available, AA at this strategic level cannot rule out potential adverse effects on the Medway Estuary and Marshes SPA/Ramsar, Swale SPA/ Ramsar, Benfleet and Southend Marshes SPA/Ramsar, Thames Estuary and Marshes SPA/Ramsar, Foulness SPA/Ramsar and Essex Estuary SAC.

Potential for negative impacts on: • Water resources and quality; • Air quality; • Habitat and species loss and fragmentation; • Coastal squeeze; and • Disturbance.

Dartford Borough Council Habitats Regulations Assessment screening of Town Centre AAP: Preferred Options • Development of new homes in Dartford may result in, increased pollution (atmospheric and water based) as well as greater recreational pressures. Additional recreational pressures including water-based recreation are unlikely to • result from the AAP, which includes key policies focused on maintaining and developing Town Centre based leisure and recreation opportunities for the resident and expanding population. • On Environment Agency advice, it is not considered that the development of new homes and increased volumes of effluent disposal will exacerbate high nutrient levels leading to adverse effects on sites.

Location: 512402N 004038E Table 8: Habitats Regulations Assessment Data Proforma for the Medway Estuary and Marshes Size (ha): 4,684.36 These policies have been scrutinised for potential for likely significant effects on the Thames Estuary and Marshes SPA/Ramsar site; Mid-Essex Estuaries SAC/SPAs/Ramsar sites; and North Kent Estuaries SACs/SPAs/Ramsar sites.

Medway Council Core Strategy Habitat Regulation Screening Assessment 2011 The screening assessed that there is potential for likely significant effects on European sites as a result of development proposed in the Proposed Submission Core Strategy and surrounding areas. The likely significant effects include: • Habitat (and species) loss and fragmentation • Disturbance • Water quality and levels • Air quality

Question HRA7: Are you satisfied with the data provided for the Medway Estuary and Marshes? If no, please provide details.

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 Site Description The Thames Estuary and Marshes SPA is located on the south side of the Thames Estuary in southern England. The marshes extend for about 15 km along the south side of the estuary and also include intertidal areas on the north side of the estuary. To the south of the river, much of the area is brackish grazing marsh, although some of this has been converted to arable use. At Cliffe, there are flooded clay and chalk pits, some of which have been infilled with dredgings. Outside the sea wall, there is a small extent of saltmarsh and broad intertidal mud-flats. The estuary and adjacent grazing marsh areas support an important assemblage of wintering waterbirds including grebes, geese, ducks and waders. The site is also important in spring and autumn migration periods.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9012021 JNCC Site Code: UK11069 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar criterion 2 The site supports one endangered plant species and at Over winter the area regularly supports: least 14 nationally scarce plants of wetland habitats. The • Hen Harrier (Circus cyaneus) 1% of the population site also supports more than 20 British Red Data Book in Great Britain Five year peak mean for 1993/94 invertebrates. to 1997/98 • Avocet (Recurvirostra avosetta) (Western Ramsar criterion 5 Europe/Western Mediterranean - breeding) Assemblages of international importance

Article 4.2 Qualification (79/409/EEC) Species with peak counts in winter: • 45118 waterfowl (5 year peak mean 1998/99- Over winter the area regularly supports: 2002/2003) • Dunlin (Calidris alpina alpina)(Northern Siberia/Europe/Western Africa) 2.1% of the Ramsar criterion 6 - species/populations occurring at population Five year peak mean for 1993/94 to levels of international importance. 1997/98 Qualifying Species/populations (as identified at • Red Knot (Calidris canutus) (North-eastern designation) Canada/Greenland/Iceland/Northwestern Europe) 1.4% of the population Five year peak mean for Species with peak counts in spring/autumn: 1993/94 to 1997/98 • Ringed plover (Charadrius hiaticula) • Black-tailed Godwit (Limosa limosa islandica) Europe/Northwest Africa 595 individuals, (Iceland - breeding) 2.4% of the population Five representing an average of 1.8% of the GB year peak mean for 1993/94 to 1997/98 population (5 year peak mean 1998/9-2002/3) • Grey Plover (Pluvialis squatarola) (Eastern Atlantic • Black-tailed godwit (Limosa limosa islandica) - wintering) 1.7% of the population Five year peak Iceland/W Europe 1640 individuals, representing 56

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 mean for 1993/94 to 1997/98 an average of 4.6% of the population (5 year peak • Common Redshank (Tringa totanus) (Eastern mean 1998/9-2002/3) Atlantic - wintering) 2.2% of the population Five year peak mean for 1993/94 to 1997/98 Species with peak counts in winter: • Grey plover (Pluvialis squatarola) E Atlantic/W On passage the area regularly supports: Africa –wintering 1643 individuals, representing an • Ringed Plover (Charadrius hiaticula) average of 3.1% of the GB population (5 year (Europe/Northern Africa - wintering) 2.6% of the peak mean 1998/9-2002/3) population Five year peak mean for 1993/94 to • Red knot (Calidris canutus islandica) W & 1997/98 Southern Africa (wintering) 7279 individuals, representing an average of 1.6% of the population Article 4.2 Qualification (79/409/EEC): An (5 year peak mean 1998/9-2002/3) Internationally important assemblage of birds • Dunlin (Calidris alpina alpine) W Siberia/W Europe 15171 individuals, representing an average of Over winter the area regularly supports: 1.1% of the population (5 year peak mean 1998/9- • 75019 waterfowl (5 year peak mean 21/03/2000) 2002/3) • Including: Recurvirostra avosetta , Pluvialis • Common redshank (Tringa totanus totanus) 1178 squatarola , Calidris canutus , Calidris alpina individuals, representing an average of 1% of the alpina , Limosa limosaislandica , Tringa tetanus GB population (5 year peak mean 1998/9- 2002/3)

Conservation Objectives The conservation objective for the internationally important population of regularly occurring Annex 1 bird species Subject to natural change, maintain in a favourable condition the habitats for the internationally important populations of regularly ocuring annex 1 bird species, under the Birds Directive, in particular: • Intertidal mudflats • Intertidal sandflats

The conservation objectives for the internationally important populations of regularly occurring migratory bird species Subject to natural change, maintain in a favourable condition the habitats for the internationally important populations of regularly occurring migratory bird species, under the Birds Directive, in particular: • Saltmarsh • Intertidal mudflats • Intertidal shingle

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94

The conservation objective for the internationally important assemblage of waterfowl Subject to natural change, maintain in a favourable condition the habitats for the internationally important assemblage of waterfowl under the Birds Directive, in particular: • Saltmarsh • Intertidal mudflats • Intertidal shingle

Component SSSIs • South Thames Estuary And Marshes SSSI • Medway Estuary & Marshes SSSI • Foulness SSSI • Benfleet & Southend Marshes SSSI • Mucking Flats and Marshes SSSI

SAC Condition Assessment No condition assessment is currently available for the Thames Estuary and Marshes SPA, therefore, the condition status of the component SSSIs are provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed South Thames Estuary and Marshes SSSI condition summary November 2011 97.63% 95.28% 2.35% 0.59% 1.79% 0% Medway Estuary and Marshes SSSI condition summary November 2011 99.28% 0% 99.28% 0.24% 0 0.48% Foulness SSSI condition summary November 2011 99.98% 77.52% 22.46% 0.02% 0% 0% Benfleet and Southend Marshes SSSI condition summary November 2011 92.26% 78.04% 14.22% 0% 7.74% 0% Mucking Flats and Marshes SSSI condition summary November 2011 94.13% 94.13% 0% 5.87% 0% 0%

Vulnerabilities (including Habitat fragmentation/ loss existing pressures and trends) • There is evidence of coastal squeeze and erosion of intertidal habitat within the site. English Nature is in 58

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 discussion with the port authority on the role of port dredging in intertidal habitat loss. • The terrestrial part of the site depends on appropriate grazing and management of water. The availability of livestock may be affected by changes in agricultural markets. Evidence suggests that the water supply to grazing marsh has decreased. A water level management plan may address this.

Disturbance • The intertidal area is also vulnerable to disturbance from water borne recreation. This is being addressed by information dissemination as part of an estuary management plan. • Development pressure can lead to both direct land take from the site and indirect disturbance and hydrological effects. These effects will be addressed through the Habitats Regulations 1994.

Water Pollution • Studies by the Environment Agency indicate that the waters in the Thames estuary are hyper-nutrified for nitrogen and phosphorus.

HRA/AA Studies undertaken Essex County Council Minerals Development Document: Preferred Approach Habitat Regulation Assessment that address this site Appropriate Assessment 2010 This HRA considered the following European Sites: • Essex Estuaries SAC • Benfleet and Southend Marshes SPA and Ramsar • Blackwater Estuary (mid-Essex Coast Phase 4) SPA and Ramsar • Colne Estuary (mid-Essex Coast Phase 2) SPA and Ramsar • Crouch and Roach Estuaries (mid-Essex Coast Phase 3) SPA and Ramsar • Dengie (mid-Essex Coast Phase 1) SPA and Ramsar • Foulness (mid-Essex Coast Phase 5) SPA and Ramsar • Lee Valley SPA and Ramsar • Thames Estuary and Marshes SPA and Ramsar • Stour and Orwell Estuaries SPA and Ramsar • Hamford Water SPA and Ramsar • Abberton Reservoir SPA and Ramsar • Epping Forest SAC • Outer Thames Estuary pSPA

Recommendations were made with regard to managing Air Quality, Water Quality and Flows and minimising 59

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 disturbance. The HRA concluded that the MDD Preferred Approach has established a sufficient policy framework to enable the delivery of measures to either avoid or adequately mitigate adverse effects on the integrity of European sites.

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 atmospheric pollution and reduced water levels and quality.

It has been concluded that an adequate policy framework exists (when considered within the context of the existing 61

Location: 512908N 003547E Table 9: Habitats Regulations Assessment Data Proforma for the Thames Estuary and Marshes Size (ha): 4,838.94 legal safeguards) to enable the delivery of measures to avoid adverse effects on European sites.

Question HRA8: Are you satisfied with the data provided for the Thames Estuary and Marshes? If no, please provide details.

Location: 512139N 005021E Table 10: Habitats Regulations Assessment Data Proforma for The Swale Size (ha): 6,514.71 Site Description The Swale is located on the south side of the outer part of the Thames Estuary in south-eastern England. The Swale is an estuarine area that separates the Isle of Sheppey from the Kent mainland. To the west it adjoins the Medway Estuary. It is a complex of brackish and freshwater, floodplain grazing marsh with ditches, and intertidal saltmarshes and mud-flats. The intertidal flats are extensive, especially in the east of the site, and support a dense invertebrate fauna. These invertebrates, together with beds of algae and Eelgrass Zostera spp., are important food sources for waterbirds. Locally there are large Mussel Mytilus edulis beds formed on harder areas of substrate. The SPA contains the largest extent of grazing marsh in Kent (although much reduced from its former extent). There is much diversity both in the salinity of the dykes (which range from fresh to strongly brackish) and in the topography of the fields. The wide diversity of coastal habitats found on the Swale combine to support important numbers of waterbirds throughout the year. In summer, the site is of importance for Marsh Harrier Circus aeruginosus, breeding waders and Mediterranean Gull Larus melanocephalus. In spring and autumn migration periods, as well as during winter, the Swale supports very large numbers of geese, ducks and waders.

Designation Special Protection Area (SPA) Ramsar JNCC Site Code: UK9012011 JNCC Site Code: UK11071 Qualifying Features Article 4.1 Qualification (79/409/EEC) Ramsar Criterion 2 The site supports nationally scarce plants and at least Over winter the area regularly supports: seven British Red data book invertebrates. • Dark-bellied Brent Goose (Branta bernicla bernicla) 0.7% of the population (5 year peak Ramsar Criterion 5 mean 1991/2-1995/6) Assemblage of international importance • Dunlin (Calidris alpina alpine) 2.3% of the population in Great Britain (5 year peak mean Species with peak count in winter: 1991/2-1995/6) • 77,501 waterfowl (5 year peak mean 1998/99- • Common Redshank (Tringa totanus) 0.9% of the 2002/03) population (5 year peak mean 1991/2- 1995/6) Ramsar Criterion 6 – species/populations occurring at Article 4.2 Qualification (79/409/EEC): An levels of international importance Internationally important assemblage of birds Qualifying species/populations(as identified at designation) During the breeding season the area regularly Species with peak counts in spring/autumn: supports: • Common Radshank (Tringa totanus totanus) 1712 • Acrocephalus scirpaceus, Anas crecca, Anas individuals, representing an average of 1.4% of platyrhynchos, Anas strepera, Charadrius the GB Population (5 year peak mean 1998/99 – 63

Location: 512139N 005021E Table 10: Habitats Regulations Assessment Data Proforma for The Swale Size (ha): 6,514.71 hiaticula, Emberiza schoeniclus, Fulica atra, 2002/03) Gallinula chloropus, Haematopus ostralegus, Numenius arquata, Pluvialis squatarola, Tadorna Species with peak counts in winter: tadorna,Tringa totanus, Vanellus vanellus. • Dark-bellied Brent Goose (Branta bernicla bernicla) 1,633 individuals, representing an Over winter the area regularly supports: average of 1.6% of the GB population (5 year • 65588 waterfowl (5 year peak mean 01/04/1998) peak mean 1998/99-2002/03) Including: Branta bernicla bernicla , Anas strepera • Grey Plover (Pluvialis squatarola) E Atlantic / W , Anas crecca , Haematopus ostralegus , Africa – wintering. 2,098 individuals, representing Charadrius hiaticula , Pluvialis squatarola , Calidris an average of 3.9% of the GB population (5 year alpina alpina , Numenius arquata , Tringa totanus . peak mean 1998/99-2002/03)

Species/Populations, identified subsequent to designation for possible future consideration under criterion 6.

Species with peak counts in spring/autumn: • Ringed Plover (Charadrius hiaticula) Europe/Northwest Africa. 917 individuals, representing an average of 1.2% of the population (5 year peak mean 1998/99-2002/03)

Species with peak count in winter: • Eurasian Wigeon (Anas penelope) NW Europe. 15,296 individuals, representing an average of 1% of the population (5 year peak mean 1998/99- 2002/03) • Northern Pintail (Anas acuta) NW Europe. 763 individuals representing an average of 1.2% of the population (5 year peak mean 1998/99-2002/03) • Northern Shoveler (Anas clypeata) NW & C Europe. 483 individuals, representing an average of 1.2% of the population (5 year peak mean 1998/99-2002/03) • Black-tailed Godwit (Limosa limosa islandica) 64

Location: 512139N 005021E Table 10: Habitats Regulations Assessment Data Proforma for The Swale Size (ha): 6,514.71 Iceland/W Europe. 1,504 individuals, representing an average of 4.2% of the population (5 year peak mean 1998/99-2002/03)

Habitat Types represented (Biodiversity Action Plan categories) • Neutral grassland • Fen, marsh and swamp • Standing open water and canals • Littoral sediment

Component SSSIs • The Swale SSSI

SAC Condition Assessment No condition assessment is currently available for the Swale SPA, therefore, the condition status of the component SSSIs are provided below:

% Area meeting % Area % Area % Area % Area % Area PSA Target Favourable Unfavourable Unfavourable Unfavourable Destroyed / Part Recovering No Change Declining Destroyed The Swale SSSI condition summary November 2011 97.83% 97.83% 0% 2.17% 0% 0%

Vulnerabilities (including Habitat fragmentation/ loss existing pressures and trends) • There is evidence of rapid erosion of intertidal habitat within the site due to natural processes and the effects of sea defences and clay extraction. Research on mudflat recharge using dredging spoil is being investigated as a means of countering the erosion.

Disturbance • The intertidal area is also vulnerable to disturbance from water borne recreation. This is being addressed by information dissemination as part of an estuary management plan.

Location: 512139N 005021E Table 10: Habitats Regulations Assessment Data Proforma for The Swale Size (ha): 6,514.71 Water Pollution • The terrestrial part of the site depends on appropriate grazing and management of water quality and quantity. The availability of livestock and the abstraction of water for other land uses will impact on this.

HRA/AA Studies undertaken Thurrock Proposed Submission Core Strategy and Policies for the Management of Development DPD HRA that address this site Final Report 2010 The HRA screening exercise carried out on Thurrock Council’s LDF Core Strategy Proposed Submission Document identified 15 policies that could not be screened out, and which therefore required Appropriate Assessment.

Question HRA9: Are you satisfied with the data provided for The Swale? If no, please provide details. 66

Preparing for HRA Screening Task 3 Task 3 of the HRA Screening process involves the identification and consideration, where appropriate, of other plans and programmes that may have in-combination effects with the New Local Plan. The list below has been prepared at this stage in order to ensure that all relevant plans and programmes have been identified.

• Basildon LDF Documents • Southend LDF Documents • Thurrock LDF Documents • Rochford LDF Documents • Maldon LDF Documents • Chelmsford LDF Documents • Colchester LDF Documents • Medway LDF Documents • Swale LDF Documents • The Thames Estuary 2100 Plan • National Policy Statement for Nuclear Power (esp. in relation to Bradwell) • Coryton Coal Powered Carbon Capture Power Station • London Gateway Port Development • London Southend Airport Development • Proposals for a Lower Thames Crossing • Proposals for an Airport in the Thames Estuary

Question HRA10: Are there any other plans or programmes that should be included within the list for consideration of in-combination effects? If yes, please specify.

Consultation on Screening Task 1 Thank you for taking the time to read this document. You will have noted throughout that various questions are posed of consultees. These are repeated below for ease of consideration.