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Gamlingay Neighbourhood Plan Strategic Environmental Assessment

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Gamlingay Neighbourhood Plan Strategic Environmental Assessment Gamlingay Neighbourhood Plan Strategic Environmental Assessment (SEA) Screening Determination Statement September 2019 Executive Summary This statement sets out the reasons for the determination that the draft Gamlingay Neighbourhood Plan is likely to require a Strategic Environmental Assessment. In addition, this statement determines that the making of the Gamlingay Neighbourhood Plan is not likely to have a significant effect on a European site. This determination statement is intended to demonstrate that the Gamlingay Neighbourhood Plan is compatible with certain European Union obligations as required by the basic conditions, namely: • Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment; and • Article 6(3) and (4) of the EU Habitats Directive and with Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). Gamlingay Parish Council and South Cambridgeshire District Council will publish this determination statement in accordance with the regulatory requirements. Determination Statement This statement has been produced to ensure the Neighbourhood Plan will, when examined, comply with the Neighbourhood Planning (General) Regulations 2012 (as amended) in particular Regulation 32 and Regulation 15(1)e(ii) of the Neighbourhood Planning (General) (Amendment) Regulations 2015. A neighbourhood plan is required to meet a number of basic conditions (which are set out in the Town and Country Planning Act 1990), one of which being it must not breach and must be otherwise compatible with EU and Human Rights obligations. This requires neighbourhood plans to fully consider the requirements of the SEA regulations1 which transpose the EU’s SEA Directive2 into law and which requires those making plans that could impact on the environment to consider whether they are likely to have a significant effect or not. Regulation 32 in the Neighbourhood Planning (General) Regulations 2012 (as amended) sets out an additional basic condition to those set out in primary legislation. Regulation 32 states: “The making of the neighbourhood plan is not likely to have a significant effect on a European site (as defined in the Conservation of Habitats and Species Regulations 2010 (d)) or a European offshore marine site (as defined in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (e) ) (either alone or in combination with other plans or projects). A Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) Screening Opinion was prepared by Place Services on behalf of South Cambridgeshire District Council (SCDC) for the Gamlingay Neighbourhood Plan. (See Appendix 1). SCDC has consulted the statutory consultees (Historic England/Natural England/Environment Agency) on the Screening Report prepared by Essex Place Services and asked for their views on whether a SEA is required. Consultation responses were received from the three statutory consultees. Their conclusions are summarised below, and their detailed comments are included in Appendix 2. • Historic England: Given the potential significant effects (both positive and negative) upon the historic environment, Historic England concurs with the Screening Report’s view that a Strategic Environmental Assessment will be required. (September 2019) • Natural England: Natural England is satisfied with the conclusions of the SEA and HRA Screening Report that the Gamlingay draft Neighbourhood Plan is not predicted to have likely significant effects on any European sites, either alone or in combination with other plans and projects but that it should be screened in for its requirement of Strategic Environmental Assessment in line with the requirements of Directive 2001/42/EC. (September 2019) • Environment Agency: Due to resource pressures they are no longer able to provide Local Planning Authorities with bespoke advice on screening opinions. They did attach a copy of their Planning Advice Guidance (PAG) document which contains basic information and links to the type of environmental issues they expect to be considered for development proposals. This document can be read in Appendix 2. (September 2019) 1 Known fully as The Environmental Assessment of Plans and Programmes Regulations 2004. 2 Known fully as Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. 1 The SEA screening assessment considered that the Neighbourhood Plan would not have a significant effect on the environment in so far as the Neighbourhood Plan has been prepared for town and country planning purposes and sets a framework for future development consent. The policies of the Neighbourhood Plan can be considered to determine the use of small areas at local level commensurate with their status in determining local planning applications. The Plan allocates land for development purposes; for 29 dwellings through a single housing allocation with planning permission, and also two Rural Business Development Areas outside the development framework. Both of these Rural Business Development Areas are large in the context of the existing settlement, however, do relate well to the existing built up areas by Mill Hill and Drove Road. These sites do not have planning permission for the allocated uses and are not included within the District Council’s adopted Local Plan as allocations. There is no identifiable planning history on either area relevant to the allocations in regard to use or extent. The degree to which the Plan sets a framework for projects through allocating resources is therefore considered relatively high. Assessment of these sites for their intended uses has not been undertaken at this point in time, neither has any exploration of alternative sites. The Plan area is within the Impact Risk Zones (IRZs) of numerous SSSIs within the Plan area or otherwise in close proximity. The implications of this regarding the Drove Road Rural Business Development Area proposed in the Plan is that it would require consultation with Natural England for the following types of development, should they be forthcoming: • Any residential development of 50 or more houses. • Any development that could cause air pollution (including industrial/commercial processes). • Large infrastructure such as warehousing / industry where net additional gross internal floorspace is > 1,000m² or any development needing its own water supply. Issues surrounding effects on biodiversity cannot therefore be ruled out in the absence of any robust evidence at the Plan level or any policy surrounding the possible effects on biodiversity from development at the Rural Business Development Areas within the draft Neighbourhood Plan at the time of writing. The Drove Road Rural Business Development Area as allocated also includes land which includes the Grade II Listed ‘1 and 3, The Cinques’, which may be affected by any B1 or B2 employment development or associated residential dwellings. The effects of the Drove Road Rural Business Development Area allocation on the Listed Building ‘1 and 3, The Cinques’ are unknown as there is no clear identification of development type or form at this stage. “Policy GAM4 – Protection and enhancement of local character includes that, ‘Development (including housing will be supported where it respects the local character and historic and natural assets of the surrounding area, and takes every opportunity, through design and materials, to promote sustainability and reinforce local characteristics identified in the Gamlingay Village Design Guide (2019) and South Cambridgeshire District Design Guide.’ However, irrespective of the robustness of Policy GAM4, negative effects on cultural heritage cannot be ruled out at this stage in the absence of any evidence to suggest that development at Drove Road would be acceptable.” 2 The Gamlingay Neighbourhood Plan can therefore be screened in for its requirement of Strategic Environmental Assessment in line with the requirements of Directive 2001/42/EC. The HRA screening indicated that the Gamlingay Neighbourhood Plan is not predicted to have likely significant effects on any European site, either alone or in combination with other plans and projects. Based on the screening opinion and having considered the consultation responses from the statutory environmental bodies, Gamlingay Parish Council and South Cambridgeshire District Council determine that the Gamlingay Neighbourhood Plan will require a Strategic Environmental Assessment. The Councils also determine that the Neighbourhood Plan is not likely to result in significant effects on any European site and therefore there is no further assessment required under the Habitats Regulations 2017. 3 Appendix 1: Strategic Environmental Assessment Screening for Gamlingay Neighbourhood Plan As part of the process of making a Neighbourhood Plan, Gamlingay Parish Council has requested a screening opinion to see whether a Strategic Environmental Assessment is required. Such a requirement can be screened out if it is felt, based on the information available, that the Neighbourhood Plan would not have a likely significant environmental affect. A Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) Screening Opinion was prepared by Place Services on behalf of South Cambridgeshire District Council for the Gamlingay Neighbourhood Plan. 4 Gamlingay Draft Neighbourhood
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