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Staffordshire County Council Staff ordshire Local Transport Plan 2011 Habitats Regulations Assessment Appropriate Assessment Report April 2011 Staff ordshire Local Transport Plan 2011 Staffordshire Local Transport Plan 2011 Contents Page 1 Introduction H.3 Habitats Regulation Assessment H.3 Consultation H.3 2 Methodology H.4 3 Findings of the Screening Stage H.5 4 Analysis of draft Local Transport Strategy Plan H.6 Outcome of LTP3 Policy Screening H.6 5 Other Plans, Policies and Programmes H.7 Plans and Programmes Reviewed H.7 6 Peak District Moors (South Pennine Moors Phase 1) Assessment H.8 7 Cannock Chase SAC Assessment H.10 8 Cannock Chase Canal Extension SAC Assessment H.12 9 Peak District Dales SAC Assessment H.13 10 River Mease SAC Assessment H.14 11 South Pennine Moors SAC Assessment H.15 12 West Midland Mosses: Chartley Moss SAC Assessment H.17 13 Midland Meres & Mosses Phase 2: Cop Mere Ramsar Site Assessment H.18 14 Conclusions H.19 15 References H.20 Appendices A - Assessment of Draft LTP3 Policies and Measures B - Other Plans, Policies and Programmes C – Natural England Response H.2 Staffordshire Local Transport Plan 2011 1. Introduction This report presents the findings of the Habitats combination with other plans and projects, are likely Regulations Assessment (HRA) for the Staffordshire to have a significant adverse effect on the integrity of draft Local Transport Strategy Plan (LTP) in line with the Natura 2000 sites (N2K). requirements set by the Conservation (Natural Habitats This report has been prepared for formal consultation & c) (Amendment) Regulations 2007. with Natural England and the Environment Agency. The report summarises the findings of the earlier screening stage of the HRA and presents the Appropriate Assessment (AA) of the draft version of the Local Transport Strategy Plan. The purpose of the Assessment is to identify whether the policies and measures proposed in the draft Plan, alone or in Habitats Regulations Assessment The purpose of HRA/AA is to assess the impacts of The European Directive (92/43/EEC) on the Conservation plan policies and measures against the conservation of Natural Habitats and Wild Flora and Fauna (the objectives of a European Site and to ascertain whether Habitats Directive) protects habitats and species of it would produce a significant and adverse effect on European nature conservation importance. The Habitats the integrity of the site. Such effects may arise as a Directive establishes a network of internationally consequence of direct, indirect or in-combination important sites designated for their ecological impacts. Where significant negative effects are identified, status. These are referred to as Natura 2000 (N2K) proposals should be either abandoned, mitigated or sites or European sites, and comprise Special Areas alternative options examined. If it is not possible to of Conservation (SACs) and Special Protection Areas avoid or remove the identified effects then it must be (SPAs). Government Policy (PPS9 and Circular 06/05) has demonstrated that there are Imperative Reasons of extended the statutory requirements for HRA to include Public Interest (IROPI) to continue with the plan. The sites designated under the Ramsar convention on plan or projects can only be implemented once it has Wetlands of International Importance (1971). been determined that there will be no adverse affect on the site(s) concerned. Articles 6 (3) and 6 (4) of the Habitats Directive require AA to be undertaken on proposed plans or projects Consultation which are not necessary for the management of the The Habitats Regulations require the competent site but which are likely to have a significant effect on authority to consult the appropriate nature conservation one or more European sites either individually, or in statutory body (Natural England). Consultation on the combination with other plans and projects. In 2007, approach to this Appropriate Assessment has been this requirement was transposed into UK law in Part undertaken with Natural England as required. IV A of the Habitats Regulations (The Conservation The Response of Natural England on this Appropriate (Natural Habitats, & c.)(Amendment)(England and Wales) Assessment is included as Appendix C Regulations 2007) and has been subsequently updated and consolidated in the 2010 Conservation of Habitats and Species Regulations. H.3 Staffordshire Local Transport Plan 2011 2. Methodology The amended Habitats Regulations and current guidance documents identify a three stage HRA process (see Table 1). This report provides a summary of the initial screening stage and provides an Appropriate Assessment (stage 2) of the draft Local Transport Plan. Table 1: HRA Stages Stage Task Outcome Stage 1: Identify N2K sites and their conservation Where effects are unlikely, prepare a ‘findings objectives. of no significant effect report’. Where effects Screening Describe the plan and identify potential effects judged likely, or lack of information to prove on N2K sites. otherwise proceed to Stage 2. Assess the effects on N2K sites. Stage 2: Gather information (plan and N2K sites) Appropriate Assessment report describing the Predict impacts plan; N2K site(s) baseline conditions; identify Appropriate Assessment potential impacts of the plan on N2K site(s). Evaluation of impacts in view of conservation Detrimental effects to be addressed through objectives. firstly avoidance and secondly mitigation. Where impacts considered to affect qualifying features, identify mitigation measures or If effects remain after all alternatives and alternative options. mitigation measures have been considered proceed to Stage 3. Stage 3: Identify ‘Imperative Reasons of Overriding This stage should be avoided if at all possible. Public Interest’ (IROPI). The test of IROPI and the requirements for Assessment where no compensation are extremely onerous and are alternatives exist likely to be justified only very occasionally and would involve engagement with both the U.K. Identify potential compensatory measures. Government and European Commission. H.4 Staffordshire Local Transport Plan 2011 3. Findings of the Screening Stage The screening stage (July 2010) was undertaken to The screening exercise revealed that significant effects identify which if any sites could potentially be affected could not be ruled out for 8 of the 15 sites investigated. by the draft Local Transport Strategy Plan. Whilst the The findings of the screening stage include identification focus of the LTP is to influence transport movements of environmental conditions and transport related issues within Staffordshire, it is recognised that there is the affecting site integrity, (see Table 2). potential for cross-boundary effects arising from implementation of plan policies. Therefore in accordance with emerging practice, examination of potential impacts has been extended to include sites within a 15 km. area of the county boundary. Table 2: Findings of the Screening Stage Issues to be Examined at Stage 2 Site Name Result of Screening Assessment Appropriate Assessment Peak District Moors (South Pennine Screened In Atmospheric Pollution. Moors Phase 1 SPA) Cannock Chase SAC Screened In Atmospheric Pollution Recreational Activity Cannock Extension Canal SAC Screened In Water Quality/Run-Off Boat traffic Mottey Meadows SAC Screened Out Pasturefields Saltmarsh SAC Screened Out Peak District Dales SAC Screened In Atmospheric Pollution River Mease SAC Screened In Water Quality South Pennine Moors SAC Screened In Atmospheric Pollution West Midlands Mosses Chartley Screened In Atmospheric Pollution Moss SAC Bees Nest & Green Clay Pits SAC Screened Out Gang Mine SAC Screened Out Midlands Meres & Mosses Ramsar Screened Out Site Betley Mere Midlands Meres and Mosses Ramsar Screened Out Site Aqualate Mere Midlands Meres and Mosses Ramsar Screened In Water Quality Site Cop Mere Midland Meres & Mosses Ramsar Screened Out Site Black Firs and Cranberry Bog H.5 Staffordshire Local Transport Plan 2011 4. Analysis of LTP3 Outcome of LTP3 Policy Screening Staffordshire County Council is the transport authority A screening exercise (see Appendix A) of the Draft LTP for the whole of the county (excluding Stoke-on-Trent) has been undertaken to determine which policies could with responsibility for a network of local roads, cycle have an effect on N2K sites and those which did not lanes, bridges and traffic control infrastructure. require any further assessment. Those policies which are considered to have the potential to impact on N2K sites Local Transport Plans are statutory undertakings which are as follows: describe the policies, objectives and measures that will be implemented by local transport authorities Draft Local Transport Strategy Plan in order to manage, maintain and improve the local Policy 1.1: We will stimulate regeneration and support transport network. The plan will work in combination areas of deprivation. with other local strategies to enable development to be Policy 1.6: We will make best use of our roads before undertaken whilst promoting and securing a sustainable considering increasing capacity. transport network. Policy 3.2: We will help to improve bus services. The LTP will comprise the following elements: Policy 3.4: We will seek to improve and integrate ‘other’ • A Strategy Plan covering a 15-year period, containing transport services. policies setting out clearly what we want to achieve Draft Freight Strategy and taking account of challenges both within the • Encourage local authority partners to favourably county and in related
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