[FRONT COVER GRAPHIC]

Habitats Regulations Assessment for the Site Allocations and Delivery Development Plan Document

Screening Statement

Client: Sandwell Metropolitan Borough Council

Report No.: UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND Status: Final Report Date: October 2011 Author: PH Checked: NP Approved: ND

Contents

Executive Summary i

E.1 Introduction i

E.2 Scope i

E.3 Findings i

E.4 Consultation ii

1 Introduction 1

1.1 Background 1

1.2 Purpose and Structure of this Document 1

1.3 Habitat Regulations Assessment of Land Use Plans 2

1.4 Background to the SADDPD 3

1.5 Plan Policies 3

1.6 Sandwell Allocations 5

2 Methodology 11

2.1 Guidance and Best Practice 11

2.2 Methodology 12

2.3 Dealing with Uncertainty 12

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3 European Sites 15

3.1 Introduction 15

3.2 Site descriptions 16

3.3 Qualifying features 16

3.4 Conservation Objectives 16

3.5 Vulnerabilities 17

4 Identification of Potential Effects 19

4.1 Background 19

4.2 Consideration of Effects 19

4.3 In Combination Test 21

4.4 Consultation log 22

5 Commentary on Potential Effects 25

5.1 Introduction 25

5.2 Sites not deemed to be affected 25

5.3 Commentary on Potential Impact Pathways 26

5.4 Recreational Disturbance 28

5.5 Atmospheric Pollution 28

5.6 Water Resources – Waste Water Treatment 29

5.7 Water Resources – Water Supply 31

5.8 Recommendations and Changes to Policy 31

5.9 Iterative Assessment of Potential Impact-Generating SADDPD Proposals 32

6 Summary 35

6.1 Screening statement 35

6.2 Consultation arrangements 35

References and Bibliography 37

1 Appendix I: Ecological Description of each European Site 39

2 Appendix II: Qualifying features 43

3 Appendix III: Conservation Objectives 49

4 Appendix IV: Vulnerabilities 51

5 Appendix V: Screening Matrix 55

List of Tables and Figures

Table 1.1: SADDPD policies

Table 1.2: SADDPD site allocations

Table 2.1: Stages in the HRA process drawing on guidance from DCLG and Natural

Table 2.2: Dealing with uncertainty

Table 3.1: European sites linked to the SADDPD either due to proximity or by potential impact pathway

Table 4.1: Assessment key

Table 4.2: Summary of consultation sessions with key stakeholders

Table 5.1: Extract from Appendix V, the HRA Screening Matrix

Table 5.2: Summary of potential effects arising from the SADDPD on European sites

Table 5.3: Summary of iterative screening assessment judgements for potentially impact-generating proposals

Figure 1.1: Planned distribution of allocations in Sandwell.

Figure 3.1: European Sites within a 20km search zone from Sandwell

Figure 3.2: Wide area view of European sites around SMBC area

Abbreviations

AAP Area Action Plan

BCJCS Black Country Joint Core Strategy

CAMS Catchment Abstraction Management Strategy

DCLG Department for Communities and Local Government

DfT Department for Transport

DPD Development Plan Document

HRA Habitats Regulations Assessment

IROPI Imperative Reasons of Overriding Public Interest

LPA Local Planning Authority

RBMP River Basin Management Plan

RoC Review of Consents

SEA Strategic Environmental Assessment

SAC Special Area of Conservation

SADDPD Sandwell Site Allocations and Delivery Development Plan Document

SHLAA Strategic Housing Land Availability Assessment

SMBC Sandwell Metropolitan Borough Council

SPA Special Protection Area

STW Severn Trent Water

SSW South Water Ltd

WFD Water Framework Directive

WRMP Water Resource Management Plan

WwTW Wastewater Treatment Works

Title HRA for Sandwell Site Allocations and Delivery Development Plan: Screening Report October 2011 Executive Summary UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND

Executive Summary

E.1 Introduction

E.1.1 This report explains the process of screening for Habitats Regulations Assessment (HRA). It has been prepared by UE Associates on behalf of Sandwell Metropolitan Borough Council (SMBC) and presents the findings of the evidence gathering process and screening assessment in relation to European sites around the borough.

E.1.2 European sites are areas of international nature conservation importance that are protected for the benefit of the habitats and species they support. The screening process examines the likely significant effects the Site Allocations and Delivery Development Plan Document (SADDPD) could have on European sites within or close to Sandwell, as a result of actions proposed by the plan and their interrelationship with the sites‟ specific environmental sensitivities.

E.2 Scope

E.2.1 The following European sites were identified within a 20km search zone around SMBC area:

 Cannock Chase Special Area of Conservation (SAC);

 Cannock Chase Extension SAC; and

 Fens Pools SAC.

E.2.2 Near to the edge of the 20km search zone the following sites with water features as a key attribute of habitat type were identified:

 Ensor‟s Pool SAC;

 River Mease SAC.

E.2.3 European sites beyond the search zone that may also be affected by the SADDPD were identified as:

 Humber Estuary SAC, Special Protection Area (SPA) and Ramsar; and

 Severn Estuary SAC, SPA and Ramsar.

E.3 Findings

E.3.1 Based on the information given in the following chapters, it is considered unlikely that the SADDPD could lead to significant effects on any European sites, either alone or in

i Title HRA for Sandwell Site Allocations and Delivery Development Plan: Screening Report October 2011 Executive Summary UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND

combination with other plans or projects. An Appropriate Assessment under the Habitats Regulations is not required.

E.3.2 Further details of the screening process can be found in the main report, where:

 Chapter One provides a background;

 Chapter Two explains the methodology used;

 Chapter Three describes the European sites considered by the assessment;

 Chapter Four assesses the potential effects of the plan;

 Chapter Five provides a commentary on the potential effects of the SADDPD; and

 Chapter Six presents the Screening Statement and consultation arrangements.

E.4 Consultation

E4.1 Liaison with Natural England, Environment Agency, Stafford Borough Council, Defra, Severn Trent Water and South Staffs Water was conducted during May, June and July 2011. For more detail please refer to Chapter Four.

E4.2 Further consultation with Natural England and the Environment Agency took place in September and October to explore those aspects of the plan with potential effects in more detail.

E4.3 The authors wish to thank all the people who have helped supply data and information, including professional opinions, on matters arising in this report.

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1 Introduction

1.1 Background

1.1.1 Sandwell Metropolitan Borough Council (SMBC) is undertaking a Habitats Regulations Assessment (HRA) of its Site Allocations and Delivery Development Plan Document (SADDPD). This is a requirement of Regulation 102 of the Conservation of Habitats and Species Regulations 2010 („the Habitats Regulations‟). The assessment focuses on the likely significant effects of the SADDPD on the nature conservation interests of European-protected areas in and around Sandwell Metropolitan boundary, and seeks to establish whether or not there will be any adverse effects on the ecological integrity of these European sites as a result of proposals in the plan. This report has been prepared to assess the SADDPD – Submission Version, October 2011. It should be noted that the Submission version contains the same policies as the Publication Version (August, 2011) which was also assessed via the HRA process when report number UE-0086_SMBC_HRA_Full_Screening_10_280711MGP was issued to Natural England.

1.2 Purpose and Structure of this Document

1.2.1 This document presents the evidence gathering and screening process and states whether or not a full Appropriate Assessment is required for the SADDPD. The report shows that there are seven European sites (see Table 3.1) either close to or linked by an impact pathway to the SMBC area that need to be considered since they could potentially be affected as a result of the plan due to their specific environmental sensitivities.

The outputs of the report include information in relation to:

 The Habitat Regulations Assessment process (section 1.3);

 The SADDPD (Section 1.4);

 The SADDPD policies and site allocations (Sections 1.5 & 1.6)

 The methodology for assessment (Chapter Two);

 Evidence gathering in relation to the European sites (Chapter Three);

 The likely significant effects of the plan (Chapter Four);

 A commentary on potential impact pathways, mitigation measures and recommendations (Chapter Five); and

 A Screening Statement as to whether there is a need for Appropriate Assessment (Chapter Six).

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1.3 Habitat Regulations Assessment of Land Use Plans

1.3.1 The application of Habitat Regulations Assessment to land use plans is a requirement of the Conservation of Habitats and Species Regulations 2010 („the Habitats Regulations‟), the UK‟s transposition of European Union Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora („the Habitats Directive‟). HRA must be applied to all statutory land use plans in England and Wales and aims to assess the potential effects of a plan against the conservation objectives of any sites designated for their nature conservation importance as part of a system known collectively as the Natura 2000 network of European sites.

1.3.2 European sites provide ecological infrastructure for the protection of rare, endangered or vulnerable natural habitats and species of exceptional importance within the European Union. These sites consist of Special Areas of Conservation (SACs, designated under the Habitats Directive) and Special Protection Areas (SPAs, designated under European Union Directive 2009/147/EC on the conservation of wild birds („the Birds Directive‟)). Meanwhile, Government policy (PPS9 (ODPM, 2005a) and Circular 06/05 (ODPM, 2005b)) recommends that Ramsar sites (UNESCO, 1971) are treated as if they are fully designated European sites for the purposes of considering development proposals that may affect them.

1.3.3 Under Regulation 102 of the Habitats Regulations, the assessment must determine whether or not a plan will adversely affect the integrity of the European site(s) concerned. The process is characterised by the precautionary principle. The European Commission (2000) describes the principle as follows:

If a preliminary scientific evaluation shows that there are reasonable grounds for concern that a particular activity might lead to damaging effects on the environment, or on human, animal or plant health, which would be inconsistent with the protection normally afforded to these within the European Community, the Precautionary Principle is triggered.

Decision-makers then have to determine what action to take. They should take account of the potential consequences of taking no action, the uncertainties inherent in the scientific evaluation, and they should consult interested parties on the possible ways of managing the risk. Measures should be proportionate to the level of risk, and to the desired level of protection. They should be provisional in nature pending the availability of more reliable scientific data.

Action is then undertaken to obtain further information enabling a more objective assessment of the risk. The measures taken to manage the risk should be maintained so long as the scientific information remains inconclusive and the risk unacceptable.

1.3.4 The hierarchy of intervention is important: where significant effects are likely or uncertain, plan makers must firstly seek to avoid the effect through for example, a change of policy. If this is not possible, mitigation measures should be explored to remove or reduce the significant effect. If neither avoidance, nor subsequently, mitigation is possible, alternatives to the plan should be considered. Such alternatives should explore ways of achieving the plan‟s objectives that avoid significant effects entirely. If there are no alternatives suitable for removing an adverse effect, plan-makers must demonstrate, under the conditions of

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Regulation 103 of the Habitats Regulations, that there are Imperative Reasons of Overriding Public Interest (IROPI) to continue with the proposal. This is widely perceived as an undesirable position and should be avoided if at all possible.

1.4 Background to the SADDPD

1.4.1 The SADDPD is one of a number of new documents being produced to replace Sandwell Unitary Development Plan 2004. It provides the detailed land allocations and policies to guide development in the Borough until 2021. The SADDPD provides local policies and allocations to accommodate the main land uses, such as housing, employment land and open space required by the communities of Sandwell.

1.4.2 The SADDPD is based on the spatial strategy as set out within the adopted Black Country Joint Core Strategy (BCJCS, 2010). The BCJCS is a spatial strategy based on the concentration of development within regeneration corridors and centres. In particular the BCJCS has established the quantity of housing growth and of employment land to be protected. Except for the area covered by West Bromwich Area Action Plan, the SADDPD provides the detail within these broad areas which aims to identify sufficient sites and areas to meet the Borough‟s housing land supply requirements and to protect and improve the Borough‟s employment areas. The provisions within the SADDPD conform to the policy hierarchy for regional and local planning and are intended to contribute to significant investment and regeneration in the Black Country collectively.

1.4.3 West Bromwich town centre is intended to undergo a significant transformation in terms of housing and employment provision, along with regeneration of transport and environmental infrastructure. However, these policies and allocations are provided in more detail in the West Bromwich Area Action Plan (AAP) and are not revisited in this report.

1.4.4 The BCJCS was subject to Appropriate Assessment (UE Associates, 2010) which concluded that effects associated with air quality, recreation, water supply and water quality should be investigated in further detail as part of other DPDs in the Black Country. The BCJCS assessment findings establish the background to the HRA process for the SADDPD.

1.5 Plan Policies

1.5.1 The SADDPD provides a series of local policies (Table 1.1) to respond to particular issues in the borough which are not covered by the BCJCS, but which contribute to the delivery of its objectives. These policies can be read in greater detail within the SADDPD, which can be found on the Sandwell Borough Council website:

http://www.sandwell.gov.uk/info/494/planning- local_plans/676/site_allocations_and_delivery_planning_document.

1.5.2 The SADDPD identifies the infrastructure requirements to achieve sustainable communities. Regard has been given to the requirements for transport, community facilities, education, health, the natural, built and historic environment, the borough‟s centres and waste. The draft

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SADDPD policies were published for consultation in March 2011. Following consultation responses, these were Published under Regulation 27 of the 2008 Town and Country Planning (Local Development, SI 1371) for further consultation in August 2011. The same policies have been carried forward to the Submission Version of the SADDPD.

Table 1.1: SADDPD Policies

Policy no. Policy name Housing SAD H 1 Housing Allocations SAD H 2 Housing Windfalls SAD H 3 Affordable Housing SAD H 4 Housing for People with Specific Needs Economy and Employment SAD EMP 1 Employment Land Development Sites SAD EMP 2 Training and Recruitment SAD EMP 3 Design of New Waste Management Facilities SAD EMP 4 Relationship between Industrial Sites and Sensitive Uses Retail and Centres SAD CEN 1 Non Retail uses in Town Centres Transport SAD TRAN Hackney Carriages/Private Hire Vehicles 1 SAD TRAN Road Improvement 2 SAD TRAN Car Parking 3 Historic Environment SAD HE 1 Listed Buildings SAD HE 2 Conservation Areas SAD HE 3 Buildings of Local Historic/Architectural Importance SAD HE 4 Registered Parks and Gardens and other undesignated green spaces SAD HE 5 Archaeology & Development Proposals SAD HE 6 Areas of Townscape Value Environment and Open Space SAD EOS 1 The Green Space Hierarchy SAD EOS 2 Green Belt SAD EOS 3 Rowley Hills Strategic Open Space SAD EOS 4 Community Open Space SAD EOS 5 Environmental Infrastructure SAD EOS 6 Allotments SAD EOS 7 Floodlighting, Synthetic Turf Pitches and Multi Use Games Areas SAD EOS 8 Water Sports and Recreation Uses SAD EOS 9 Urban Design Principles SAD EOS Design Quality & Environmental Standards 10

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Policy no. Policy name Development Constraints SAD DC 1 Areas affected by Abandoned Limestone Mines SAD DC 2 Zones around Hazardous Installations SAD DC 3 New Developments and Hazardous Substances SAD DC 4 Pollution Control SAD DC 5 Land Affected By Tipped Material Generating Landfill Gas Land Affected By Contaminants, Ground Instability, Mining Legacy Land of Unsatisfactory Load SAD DC 6 Bearing Capacity or Other Constraints Telecommunications SAD TEL 1 Telecommunications Antenna and Masts SAD TEL 2 Telephone Kiosks Development Management Policies SAD DM 1 Access for Disabled People SAD DM 2 Poster Panels SAD DM 3 Amusement Arcades SAD DM 4 Car Parking for Disabled People and People with Mobility Difficulties SAD DM 5 The Borough’s Gateways SAD DM 6 Community Facilities including Places of Worship and/or Religious Instruction SAD DM 7 Residential Moorings SAD DM 8 Design and Installation of Shop Front Roller Shutters SAD DM 9 Hot Food Take-Aways SAD DM 10 Shop Front Design

1.6 Sandwell Allocations

1.6.1 The BCJCS (2010) outlines strategic development areas, usually in the form of corridors, for housing and employment sites amongst other land uses. Through consultation with stakeholders (landowners, business and residents), SMBC developed the Strategic Housing Land Availability Assessment (SHLAA, 2010) document. This consultation process, and the resulting SHLAA, facilitated the ongoing refinement of the site allocations and local policies within the SADDPD. These site allocations are outlined in Table 1.2 below.

1.6.2 Figure 1.2 below shows detailed spatial mapping of the SADDPD plan proposals for the whole of the Sandwell borough. Regeneration proposals for West Bromwich town centre are outlined in more spatial detail in the West Bromwich AAP as a separate document.

Table 1.2: SADDPD site allocations

Reference Site Allocations Regeneration Corridor 8: Hill Top Area H8.1 Black Lake, West Bromwich Area H8.2 Charles Street, West Bromwich Area H8.3 Hill Top, West Bromwich Area H8.4 Holloway Bank, Wednesbury Area H8.5 Darlaston Road, Wednesbury

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Reference Site Allocations Area H8.6 Wednesbury Town Centre Area H8.7 Leabrook Road, Wednesbury Area H8.8 Great Bridge Area H8.9 Carters Green, West Bromwich E8.1 Site off Richmond Street, West Bromwich E8.2 Brickhouse Lane, West Bromwich E8.3 George Henry Road, Tipton E8.4 Bagnall Street, West Bromwich E8.5 Pikehelve Street/Bagnall Street, West Bromwich E8.6 Harvills Hawthorn, West Bromwich E8.7 Site off Bilport Lane, Wednesbury E8.8 Bilport Lane, Wednesbury Regeneration Corridor 9: Port – Tividale- Brades Village Area H9.1 Oldbury West / Dudley Road East Area H9.2 Brades Village Area H9.3 Rattlechain Area H9.4 Vaughan Trading Estate Area H9.5 Coneygre Area H9.6 Dudley Port Area H9.7 Owen Street West Area H9.8 Alexandra Road Area H9.9 Great Bridge E9.1 Former Gulf Oil Depot Regeneration Corridor 12: Oldbury - West Bromwich - Smethwick Area 12.1 Wolverhampton Road, Oldbury Area 12.2 Titford Lane, Oldbury Area 12.3 Ashes Road, Oldbury Area 12.4 Langley Area 12.5 Oldbury Town Centre Area 12.6 Rood End Road, Oldbury Area 12.7 Smethwick High Street and Environs Area 12.8 North Smethwick Canalside Area 12.9 Cranford Street, Smethwick Area 12.10 Windmill Eye Area 12.11 West Bromwich AAP E12.1 Portway Road/ Wolverhampton Road E12.2 Rounds Green Road E12.3 Churchbridge, Oldbury E12.4 Park Street, Oldbury E12.5 Wolverhampton Road/ J2 M5 E12.6 Tat Bank Road E12.7 Pope's Lane E12.8 Parsonage Street E12.9 Manchester Street E12.10 Kenrick Way E12.11 Potterton Way E12.12 Dartmouth Road

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Reference Site Allocations E12.13 Park Lane E12.14 Mornington Road, Smethwick E12.15 Cornwall Road, Smethwick E12.16 Bridge Street Industrial Estate E12.17 Foundry Lane, Smethwick E12.18 Vittoria Street, Smethwick Regeneration Corridor 13: Jewellery Line - Area 13.1 Woods Lane/Macarthur Road Area 13.2 Corngreaves Road Area 13.3 Forge Lane/Silverthorne Lane Area 13.4 South of Town Centre Area 13.5 Newlyn Road/Oldfields Area 13.6 North of Cradley Heath Town Centre Area 13.7 Haden Hill Area 13.8 Waterfall Lane Area 13.9 Old Hill Area 13.10 Brickhouse Area 13.11 West of Blackheath Town Centre Regeneration Corridor 16: Coseley - Tipton - Princes End Area 16.1 Factory Road Area 16.2 Bloomfield Rd/Barnfield Rd Area 16.3 Bloomfield Rd/Fountain Lane Area 16.4 Tibbington Terrace Area 16.5 Bradleys Lane/ High Street Area 16.6 Land off Batmanshill Rd Area 16.7 Batmanshill Rd/Purdy Rd/Brierley Lane Outside of the Growth Network HOC 3 Great Barr HOC 4 Yew Tree HOC 5 Charlemont and Stone Cross HOC 6 West Bromwich HOC 8 Friar Park HOC 9 North Wednesbury HOC 11 Tibbington HOC 12 Darby's Hill HOC 13 Tippity Green - HOC 15 South Cradley Heath HOC 16 Brandhall HOC 18 Bearwood and South Smethwick EOC 1 St. Pauls Road, Wednesbury (Opus) NC 1 Weddel Wynd Community Woodland Tipton NC 2 Gospel Oak Road, Tipton NC 3 Powis Avenue Open Space, Tipton NC 5 Park Lane East Open Space, Tipton NC 8 Black Horse Open Space, Wednesbury NC 9 Axletree Way, Wednesbury NC 10 River Tame Corridor, Wednesbury

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Reference Site Allocations NC 11 Bird End, West Bromwich NC 12 Land of Wilderness Lane, Great Barr NC13 Whitecrest Open Space, Space NC16 Grace Mary Open Space, Tividale NC17 Fairway Avenue, Tividale NC18 Barn Close Open Space, Cradley Heath

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Figure 1.2: Planned distribution of allocations in Sandwell (SADDPD, 2011)

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2 Methodology

2.1 Guidance and Best Practice

2.1.1 Guidance on HRA has been published in draft form by the Government (DCLG, 2006). This draws on advice from a range of experts as well as European Union guidance (European Commission, 2001) regarding methodology for Appropriate Assessment of plans.

2.1.1 The guidance recognises that there is no statutory method for undertaking Habitat Regulations Assessment and that the adopted method must be appropriate to its purpose under the Habitats Directive and Regulations; this concept is one of the reasons why HRA is also often referred to as Appropriate Assessment. The guidance identifies three stages to the HRA process:

 AA1: Likely Significant Effects (Screening);

 AA2: Appropriate Assessment and Ascertaining the Effect on Integrity;

 AA3: Mitigation Measures and Alternative Solutions.

2.1.2 Where stage AA3 cannot produce alternative solutions or mitigation to remove or reduce adverse effects to insignificant levels, there may be a need to explore Imperative Reasons of Overriding Public Interest. This is discouraged by DCLG. The three stages collectively make up Habitat Regulations Assessment, while Stage AA2 is the point at which Appropriate Assessment of the plan is carried out if the evidence points to a need for such an assessment.

2.1.3 Natural England has produced more prescriptive draft guidance on the assessment of Local Development Documents under the provisions of the Habitats Regulations (Tyldesley Associates, 2009). This introduces the concept of a stepped approach to the assessment process and fits within the framework of the three stages identified by DCLG. Whilst the guidance is draft it nevertheless provides a helpful approach to HRA and is followed within this report.

2.1.4 Table 2.1 illustrates how the two approaches (DCLG and Natural England) can be operated as one integrated methodology to achieve the same outcome from each approach. It is recognised that HRA may be undertaken at the same time as other assessment processes associated with plan making (i.e., Strategic Environmental Assessment (SEA)), but it should be noted that it is a distinct procedure with its own legislative requirements. For example, the SEA will examine a wider spectrum of biodiversity impacts whereas the HRA only examines those on European sites. The SEA process for the SADDPD is being undertaken and documented separately from the HRA.

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2.2 Methodology

2.2.1 The HRA follows the methodology prepared by David Tyldesley and Associates (2009), as described in Table 2.1

Table 2.1: Stages in the HRA process drawing on guidance from DCLG and Natural England

DCLG Stage Natural England (Tyldesley) Steps

AA1:Likely 1. Gather the evidence base about international sites. significant effects 2. Consult Natural England and other stakeholders on the method for HRA and sites to be included. 3. Screen elements of the plans for likelihood of significant effects. 4. Eliminate likely significant effects by amending the plan / option. 5. Consult Natural England and other stakeholders on the findings of the screening stage, and scope of the Appropriate Assessment if required. AA2: Appropriate 6. Appropriate Assessment 8. Assess additions and Assessment and of elements of the plan changes to the plan and ascertaining the likely to have significant prepare draft HRA effect on integrity effects on a European site. record. ITERATIVE AA3: Mitigation 7. Amend the plan / option 9. Complete the draft measures and or take other action to Appropriate Assessment alternative avoid any adverse effect on and draft HRA record. solutions integrity of European site(s). Reporting and 10. Submit draft HRA and supporting documents to Natural England. recording 11. Consult Natural England, other stakeholders and the public (if suitable). 12. Publish final HRA record and submit to Natural England

2.3 Dealing with Uncertainty

2.3.1 The Tyldesley Associates (2009) guidance gives helpful advice on a number of ways in which uncertainty can affect the assessment, and some of these are addressed in Table 2.2. In general terms, during this assessment, delivery options which aim to either (a) investigate potential, (b) explore feasibility or (c) safeguard land for a particular scheme which has been proposed and agreed via a different plan, are not viewed as leading to development under the SADDPD.

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Table 2.1: Dealing with uncertainty Regulatory Uncertainty Some plans will include references to proposals that are planned and implemented through other planning and regulatory regimes, for example, trunk road or motorway improvements. These will be included because they have important implications for spatial planning, but they are not proposals of the LPA, nor are they proposals brought forward by the plan itself. Their potential effects will be assessed through other procedures. The LPA may not be able to assess the effects of these proposals. Indeed, it may be inappropriate for them to do so, and would also result in unnecessary duplication. There is a need to focus the Habitat Regulations Assessment on the proposals directly promoted by the plan, and not all and every proposal for development and change, especially where these are planned and regulated through other statutory procedures which will be subject to a Habitat Regulations Assessment.

Planning Hierarchy Uncertainty The higher the level of a plan in the hierarchy the more general and strategic will be its provisions and therefore the more uncertain its effects will be. The protective regime of the Directive is intended to operate at differing levels. In some circumstances assessment „down the line‟ will be more effective in assessing the potential effects of a proposal on a particular site and protecting its integrity. However, three tests should be applied. It will be appropriate to consider relying on the Habitat Regulations Assessments of lower tier plans, in order for a LPA to ascertain a higher tier plan would not have an adverse effect on the integrity of a European site, only where: A] The higher tier plan assessment cannot reasonably assess the effects on a European site in a meaningful way; whereas B] The Habitat Regulations Assessment of the lower tier plan, which will identify more precisely the nature, scale or location of development, and thus its potential effects, will be able to change the proposal if an adverse effect on site integrity cannot be ruled out, because the lower tier plan is free to change the nature and/or scale and/or location of the proposal in order to avoid adverse effects on the integrity of any European site (e.g. it is not constrained by location specific policies in a higher tier plan); and C] The Habitat Regulations Assessment of the plan or project at the lower tier is required as a matter of law or Government policy. It may be helpful for the Habitat Regulations Assessment of the higher tier plan… to indicate what further assessment may be necessary in the lower tier plan.

Implementation Uncertainty In order to clarify the approach where there is uncertainty because effects depend on how the plan is implemented, and to ensure compliance with the Regulations, it may be appropriate to impose a caveat in relevant policies, or introduce a free-standing policy, which says that any development project that could have an adverse effect on the integrity of a European site will not be in accordance with the plan. This would help to enable the assessors to reasonably conclude, on the basis of objective information, that even where there are different ways of implementing a plan, and even applying the precautionary principle, no element of the plan can argue that it draws support from the plan, if it could adversely affect the integrity of a European site.

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3 European Sites

3.1 Introduction

3.1.1 Each European site has its own intrinsic qualities, besides the habitats or species for which it has been designated, that enable the site to support the ecosystems that it does. An important aspect of this is that the ecological integrity of each site may be vulnerable to change from natural and human induced activities in the surrounding environment. For example, sites can be affected by land use plans in a number of different ways, including the direct land-take of new development, the type of use the land will be put to (for example, a noise emitting use), the pollution that a development can generate and the resources it uses (during both construction and operation).

3.1.2 An intrinsic quality of any European site is its functionality at the landscape ecology level; in other words, how the site interacts with the zone of influence of its immediate surroundings, as well as the wider area. Best practice guidance on Habitat Regulations Assessment suggests that all European sites within the area of coverage of a plan, together with all those within a 20km search zone should be considered in the first instance as potential receptors for negative effects (Tyldesley Associates, 2009). In addition to these, other European sites further than 20km from the area of coverage of a plan may also be affected due to their specific environmental sensitivities. This is particularly the case where there is potential for developments resulting from the plan to generate water-borne pollutants, where there are particularly high demands for water resources, or a specific recreational resource has a catchment area of greater than 20km.

3.1.3 European sites wholly or partially within the 20km search area around Sandwell which may potentially be impacted by development proposals in the SADDPD are shown in Figure 3.1. Figure 3.2 includes sites outside the search zone which are connected by impact pathways. Table 3.1identified those sites which have been identified for inclusion in this HRA.

Table 3.1: European sites linked to the SADDPD either due to proximity or by potential impact pathway

Name Location Type Cannock Chase Within 20km search zone SAC Humber Estuary Beyond search SAC, SPA & Ramsar Severn Estuary Beyond search SAC, SPA & Ramsar Cannock Extension Canal Within 20km search zone SAC Ensor’s Pool Beyond search SAC Fens Pools Within 20km search zone SAC River Mease Beyond search area SAC

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Figure 3.1: European Sites within a 20km search zone from Sandwell

3.2 Site descriptions

3.2.1 An ecological description of each European site is given in Appendix I.

3.3 Qualifying features

3.2.1 The features of each site, that is, the reasons for which each site was designated, are listed in more detail in Appendix II.

3.4 Conservation Objectives

3.4.1 Natural England is in the process of setting out conservation objectives for all SACs and SPAs, and progress towards these objectives can be taken as an indicator of favourable condition at European sites. Ramsar sites do not have agreed conservation objectives, but in most instances overlap with SPA site boundaries. However, it should be noted that Ramsar qualifying features include a range of habitats and non-bird species common to SAC

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designations, as well as bird species and assemblages and their supporting habitats, which are common to SPAs.

3.4.2 The conservation objectives of the above sites are provided in Appendix III.

3.5 Vulnerabilities

3.5.1 Every European site has distinctive characteristics that make it vulnerable to a variety of impact-inducing activities. The known vulnerabilities of the above named sites are shown in Appendix IV.

Figure 3.2: Wide area view of European sites around SMBC area

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4 Identification of Potential Effects

4.1 Background

4.1.1 Sections 1.4 – 1.6 described the policies and identified the site allocations of the SADDPD. This chapter considers the proposed options for achieving these objectives and, acknowledging that the SADDPD is not necessary to the management of any European site, states whether or not the proposals are likely to have significant effects on site integrity, either alone or in-combination with other plans or projects.

4.1.2 Site integrity can be described as follows (ODPM, 2005b):

“The integrity of a site is the coherence of its ecological structure and function, across its whole area that enables it to sustain the habitat, complex of habitats and/or the levels of populations of the species for which it was classified.”

4.2 Consideration of Effects

4.2.1 All proposed SADDPD policies have been screened for likely significant effects on the European sites in question. The effects associated with these proposals can be sorted into one of 17 categories which are listed below in Table 4.1. These categories are derived from the draft HRA guidance document produced by David Tyldesley and Associates (2009), and help to determine which, if any, elements of the plan would be likely to have a significant effect on any interest feature of any international site, alone or in combination with other projects and plans, directly or indirectly.

4.2.2 The 17 categories fall into four broader sections which can be described as:

 Category A: Elements of the DPD that would have no negative effect on a European site at all;

 Category B: Elements of the DPD that could have an effect, but the likelihood is there would be no significant negative effect on a European site either alone or in combination with other elements of the same DPD, or other plans or projects;

 Category C: Elements of the DPD that could or would be likely to have a significant effect alone and will require the DPD to be subject to an appropriate assessment before it may be adopted; and

 Category D: Elements of the DPD that would be likely to have a significant effect in combination with other elements of the same plan, or other plans or projects and will require the DPD to be subject to an appropriate assessment before it may be adopted.

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Table 4.1: Assessment key

Category A: No negative effect Options / policies that will not themselves lead to development e.g. because they A1 relate to design or other qualitative criteria for development, or they are not a land use planning policy. A2 Options / policies intended to protect the natural environment, including biodiversity. Options / policies intended to conserve or enhance the natural, built or historic A3 environment, where enhancement measures will not be likely to have any negative effect on a European Site. Options / policies that positively steer development away from European sites and A4 associated sensitive areas. Options / policies that would have no effect because development is implemented A5 through later policies in the same plan, which are more specific and therefore more appropriate to assess for their effects on European Sites. Category B: No significant effect Options / policies that could have an effect, but the likelihood is there would be no B significant negative effect on a European site either alone or in combination with other elements of the same plan, or other plans or projects. Category C: Likely significant effect alone The option, policy or proposal could directly affect a European site because it provides C1 for, or steers, a quantity or type of development onto a European site, or adjacent to it. The option / policy could indirectly affect a European site e.g. because it provides for, C2 or steers, a quantity or type of development that may be ecologically, hydrologically or physically connected to it or increase disturbance. Proposals for a magnitude of development that, no matter where it was located, the C3 development would be likely to have a significant effect on a European site. An option / policy that makes provision for a quantity / type of development but the C4 effects are uncertain because its detailed location is to be selected following consideration of options in a later, more specific plan. Options / policies for developments or infrastructure projects that could block C5 alternatives for the provision of other development in the future, that may lead to adverse effects on European sites, which would otherwise be avoided. Options, policies or proposals which are to be implemented in due course – if C6 implemented in one or more particular ways, the proposal could possibly have a significant effect on a European site. Any other options, policies or proposals that would be vulnerable to failure under the C7 Habitats Regulations at project assessment stage; to include them in the plan would be regarded by the EC as „faulty planning‟. Any other proposal that may have an adverse effect on a European site, which might C8 try to pass the tests of HRA at project level by arguing that the plan provides IROPI to justify its consent despite a negative assessment. Category D: Likely significant effects in combination The option, policy or proposal alone would not be likely to have significant effects but D1 if its effects are combined with the effects of other policies within the same plan the cumulative effects would be likely to be significant. Options, policies or proposals that alone would not be likely to have significant effects D2 but if their effects are combined with the effects of other plans or projects, the combined effects would be likely to be significant. Options or proposals that are, or could be, part of a programme or sequence of D3 development delivered over a period, where the implementation of the later stages could have a significant effect on European sites.

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4.2.3 Appendix V illustrates the results of the informal HRA screening process for all SADDPD policy options and site allocations, where the numbers in each of the coloured cells correspond to a category listed in Table 4.1.

4.2.4 The decision making that lies behind the derived classifications in Appendix V has drawn on earlier work prepared during the HRA of the BCJCS, information available for each site (as presented in Appendices I-IV), the Environment Agency‟s Review of Consents programme and professional interpretation of potential effects or impacts associated with the policy proposals. Chapter 5 presents a commentary on the potential effects that have been identified through this process.

4.3 In Combination Test

4.3.1 Other plans and projects being prepared or implemented in the area may have the potential to cause negative effects on the integrity of European sites. These effects may be exacerbated when experienced in combination with the effects of the plan in question, possibly leading an insignificant effect to become significant. It is therefore important to consider which other plans and projects could generate similar effects to the SADDPD at the same European sites, and which may act in-combination.

4.3.2 The plans and projects listed below should be considered for likely effects in combination with any „category D‟ (see Table 4.1) AAP policies. It should be noted that in some cases, for example the Core Strategies of a number of authority areas, new plans are not yet in operation and may be subject to change.

 Black Country Joint Core Strategy;

 Cannock Chase Core Strategy (not yet adopted);

 East Midlands Regional Plan (2009);

 East Staffordshire Core Strategy (not yet adopted);

 Lichfield Core Strategy (not yet adopted);

Local Transport Plan 3 (2011);

 South Staffordshire Core Strategy (not yet adopted);

 Stafford Borough Local Plan (2001);

 Staffordshire Local Transport Plan 3 (2011);

 Warwickshire Local Transport Plan 3 (2011);

Regional Spatial Strategy, Phase 1: The Black Country (2007);

 West Midlands Regional Spatial Strategy, Phase 2 (Publication Version, 2009);

Local Transport Plan 3 (2011); and

 West Midlands Local Transport Plan 3 (2011).

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4.4 Consultation log

4.4.1 Consultations with SMBC were conducted during spring 2011, in order for the results of the initial screening to be discussed with SMBC and for SMBC to provide clarification on specific elements of the SADDPD. Further consultation was conducted with key stakeholders to provide more input on specific European sites and their vulnerabilities. A summary of these consultations is listed in Table 4.2 below.

Table 4.2: Summary of consultation sessions with key stakeholders

Name Organisation Subject Discussed Outcome Date Antony Natural England Screening Report to Agreed clarifications to be 10th Muller accompany SADDPD made for the Submission October Publication Version. Version HRA (this document). Jane Environment Agency Review of Consent Helpfully supplied RoC HRA September Field conclusions for water outcomes. Identified that – October abstraction and consents potentially 2011 treatment in the West affecting Cannock Chase Midlands. SAC have been reduced. Kaliegh Sandwell Housing policy Confirmation that SMBC will 30.06.11 Lowe Metropolitan addition. insert additional protections Borough Council in the wording of their housing policies. Kaliegh Sandwell Housing policy Informed SMBC of 27.06.11 Lowe Metropolitan addition. consultations with NE and Borough Council need to produce protective policy. Antony Natural England Sandwell housing Wording for a potential 27.06.11 Muller policy additions and addition to the SADDPD the impact on housing policy to ensure Cannock Chase SAC. commitment to protection of European sites. Kaliegh Sandwell Changes made in the Two additional policies; 24.06.11 Lowe Metropolitan SADDPD from the discussed alterations to the Borough Council draft version. housing policies from the draft version. Naomi Stafford Borough Cannock Chase Visitor Survey commenced in Oct 13.05.11 Perry Council Impact Survey and 2010, is expected to Mitigation. complete in Aug 2011, and final report to be published at end of 2011. Eric Natural England SAC conservation Updated information 03.05.11 Steer objectives. collated. Trevor Environment Agency WRMPs, CAMs and Updates on status of reports 25.04.11 Bishop RBMPs. and discussion concerning.

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Name Organisation Subject Discussed Outcome Date the EA‟s querying of the South Staffs Water WRMP Jen Defra Water Framework Update on implementation 22.04.11 Offord Directive of EPPs in regard to WFD n/a Severn Trent Water Capacity at local Confirmation of information 06.04.11 WwTWs contained within BC WCS n/a South Staffs Water Future supply security States that WRMP is correct 01.04.11 measures and applicable

4.4.2 Further consultation with Natural England during September (13th September, Natural England; Worcester Offices) was based around a draft screening report (Report Number UE- 0086_SMBC_HRA_Full_Screening_10_280711MGP).

4.4.3 Following this meeting it was agreed that:

(i) The commitment from SMBC to monitor and if necessary react to the findings of ongoing research at Cannock Chase SAC and any other European site for that matter was made clear in the wording of the DPD;

(ii) The Review of Consents HRA findings were to be checked with the Environment Agency; and

(iii) The evidence of ongoing liaison with the Water Companies to demonstrate that there would be no adverse effects associated with waste water be made clear.

4.4.4 These are each addressed in the following chapter.

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5 Commentary on Potential Effects

5.1 Introduction

5.1.1 The purpose of the HRA screening stage is to identify any proposals likely1 to lead to a significant impact on a European site. The results of the classification exercise reveal that only one policy is not part of the “No Negative Effect” criteria i.e. category „A‟ in Table 5.1. The policy in questions is SAD H1, Housing Allocations. The initial screening has identified that three European sites may be affected and therefore warrant further scrutiny at this stage to determine if Appropriate Assessment is required.

Table 5.1: Extract from Appendix V, the HRA Screening Matrix

FensPools SAC

RiverSAC Mease

Ensor’sSAC Pool

CannockChaseSAC

Severn SPA SAC, Ramsar &

Humber SPA SAC, Ramsar &

Cannock Extension Canal SAC CannockExtensionCanal

Housing Policies

SAD H1 Housing Allocations C2 D1 D1 A4 A4 A4 A4

5.2 Sites not deemed to be affected

Ensor’s Pool SAC

5.2.1 Ensor‟s Pool is vulnerable to water quality and atmospheric pollution. However, at over 20km from the borough and with no hydrological connection, there are no identifiable pathways for these impacts. It is concluded there are no likely significant effects from the SADDPD.

Fens Pool SAC

5.2.2 Fens Pools SAC is protected as a European site because of the presence of the great crested newt (Triturus cristatus). Great crested newts at Fen Pools SAC are potentially vulnerable to direct loss of terrestrial or aquatic habitat, changes in water quality or quantity, and inappropriate management of water levels or their terrestrial habitats.

1 This concept is addressed further in Natural England‟s draft guidance on HRA (David Tyldesley and Associates, 2009) which states: “Firstly, the [LPA] must consider whether the [SADDPD] would be likely to have a significant effect on any European site. In this context „likely‟ means probably, not merely a fanciful possibility; „significant‟ means not trivial or inconsequential but an effect that is potentially relevant to the site‟s conservation objectives.”

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5.2.3 Great crested newts are particularly vulnerable to loss or degradation of the terrestrial habitat surrounding a water body as this is where they spend the majority of their lifecycle. They can range over 1km from their breeding pond, but most typically disperse within 250m (Langton et al, 2001). The current Natural England guidelines indicate that developments over 500m from a pond are generally unlikely to have a significant effect on any population of great crested newts that it may support.

5.2.4 There are no proposals set out in the SADDPD that are within 1km of Fens Pools SAC and so the plan is considered unlikely to have any significant effect upon habitat integrity at this European site.

5.2.5 Fens Pools is vulnerable to degrading water quality. The SADDPD development proposals present no reasonable hydrological pathways that could significantly affect the water quality or levels within the SAC given that they are principally fed by rainfall and local run-off (there is no evidence of a significant groundwater influence.

River Mease SAC

5.2.6 The River Mease is vulnerable to changes in water quality. However, at over 20km from the borough and with no hydrological connection, there are no identifiable pathways for these impacts. It is concluded there are no likely significant effects from the SADDPD.

Cannock Chase Canal Extension SAC

5.2.7 Cannock Chase Extension Canal SAC is potentially vulnerable to degrading water quality. The SADDPD development proposals present no reasonable hydrological pathways that could significantly affect the water quality or levels within the SAC given that they are principally fed by rainfall and local run-off (there is no evidence of a significant groundwater influence). It is unlikely that this SAC is an established visitor destination for Sandwell residents.

5.3 Commentary on Potential Impact Pathways

5.3.1 Potential impact pathways have been identified through the Black Country Core Strategy HRA (UE Associates, 2010) and include:

 Air Quality;

 Recreation disturbance;

 Water quality; and

 Water supply.

5.3.2 These pathways remain relevant to the classification results in Table 5.1 and are explored further below. Table 5.2. provides a summary of potential effects associated with the SADDPD and the European sites.

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Table 5.2: Summary of potential effects arising from the SADDPD on European sites

European Site Air Quality Recreational Water Quality Water Supply Disturbance

Cannock Chase Possible Possible Possible Possible SAC

Cannock X X X X Extension Canal SAC

Ensor’s Pool SAC X X X X

Fens Pools SAC X X X X

River Mease SAC X X X X

Humber Estuary X X Possible X SAC/SPA/Ramsar

Severn Estuary X X Possible X SAC/SPA/Ramsar Key: X = no relationship; Possible = Potential effect

5.3.3 The following sections provide background information which has helped inform the impact assessment findings.

5.3.4 Throughout this process, in the case of any aspect of the plan identified as carrying potential effects, the assessment process has undertaken further, deeper, screening of the effect, often in consultation with statutory bodies, plan makers or any other source of expertise. The aim being to decide whether or not a potential effect is in fact a likely significant effect.

5.3.5 The chapter concludes by exploring any policies which have been identified for deeper scrutiny. The potential effects of such policies and the uncertainties, if any, around them are discussed in a short series of tables. Each table identifies: (i) the initial screening assessment (derived from Appendix V), (ii) the considerations that have informed the deeper screening, and (iii) the revised screening judgement. This process is represented by Step 4 in Table 2.1.

5.3.6 Table 3.1 provides a summary of those sites which were identified as being in the vicinity of the West Midlands Metropolitan Area. Table 5.1 revisits these sites in the light of potential effects arising from the plan and indicates whether or not any potential effect is relevant to the sites in question. The information presented in Appendix V has been used to inform the Table 5.1 together with the supporting information derived from Appendices I-IV and consideration of the effects associated with the Plan.

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5.4 Recreational Disturbance

5.4.1 This impact pathway and consequent potential effect is discussed only in the context of Cannock Chase SAC (see Table 5.2). Anthropogenic activities, including picnicking, (dog) walking, horse riding, mountain biking and orienteering can lead to disturbance, whether through noise or trampling of sensitive vegetation. Disturbance can affect a number of levels of an ecosystem from the trampling and damage to flora and the disturbance of roosting/nesting birds or other macrofauna. Controls on visitor numbers, types of activities and zoning are tools that are employed at some of these sites and should continue to be explored to ensure there are no deleterious impacts on ecological integrity at any site.

5.4.2 Drawing on the Thames Basin Heaths SPA as a comparator process, where 75% of all visits to the SPA were estimated to originate from within 5km of the SPA, the data from the Cannock Chase Evidence Report initially suggests a zone of 12 miles (19.3km) is appropriate in this case. The latest visitor impact survey for Cannock Chase SAC, Footprint Ecology‟s 2009 report, concluded that housing developments within 12 miles of Cannock Chase SAC would contribute to additional recreational and disturbance pressure on the site by up to 9% (in combination with other district‟s housing proposals) due to dog walking, horse riding, mountain biking and orienteering.

5.4.3 Throughout the report, reference is made to factors that recognise the limitations of the report in terms of accuracy and precision. This is in principle due to (i) the data on which the Footprint Ecology work has been prepared comes from an AONB Visitor Survey undertaken in 2000 by Staffordshire University (i.e. the data is ten years old and therefore needs updating); and (ii) factors such as the designation of a Country Park and AONB (both of which coincide, geographically) with the SAC designation require careful consideration as these both represent direct visitor attractions in their own right.

5.4.4 In order to improve understanding of the impact mechanism, zone of influence and possible mitigation measures, the Black Country Councils (including SMBC) are currently working with the Staffordshire authorities to produce an additional visitor impact survey for Cannock Chase.

5.4.5 This research will draw on comprehensive, up to date visitor survey data (2010-2011) and analyse the pattern of visitor use, visitor catchments and nature of recreation at the SAC. It is expected to report early in 2012. Until the results of the study are known, it is difficult to draw any further conclusions. In order to avoid the likelihood of any significant effects at Cannock Chase from Sandwell‟s residential allocations, SMBC has amended its policy (see section 5.4) to include a commitment to respond to the findings of new evidence.

5.5 Atmospheric Pollution

5.5.1 Cannock Chase SAC is vulnerable to the effects of increasing atmospheric pollution. Traffic- generated emissions are a particular concern due to the ability of nitrogen emissions to cause long term compositional changes in plant diversity through nutrient enrichment (Bobbink et al., 1993). A Footprint Ecology (2009) report on Cannock Chase SAC identified that nitrogen deposition exceeds the critical loads for both wet and dry heath on the site.

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5.5.2 High acid deposition can lead to direct damage to lower plants, whilst airborne nitrogen (arising from the burning of fossil fuels in industry, traffic, aviation and agriculture) will cause rapid ageing of heathland plants along with greater susceptibility to drought, frost and insect attack. The floral compositions of areas with naturally low nitrate levels are defined by the limited nutrients available and thrive in these conditions. Atmospheric deposition of pollutants that import nutrients or result in soil pH changes can lead to entire biomes being altered.

5.5.3 The latest, ongoing research into visitor use at Cannock Chase SAC (Footprint Ecology, unpublished, due 2012) will help inform whether or not people living in Sandwell drive to Cannock Chase SAC and also whether consequently there is an associated air quality impact from this activity.

5.5.4 Avoidance measures designed to offset atmospheric pollution along roadsides are pursued within the Local Transport Plan (LTP3) for the West Midlands Metropolitan Authority, which includes Sandwell and other districts in the vicinity of Cannock Chase SAC. The LTP3 aims to reduce emissions and deliver reductions in atmospheric pollution through encouraging a move to a low carbon economy, smoothing traffic flow to reduce congestion and promoting modal transfer. The DfT are currently researching the efficacy and environmental benefits of introducing cleaner fuels and vehicles.

5.5.5 As with recreational pressure (above), further work is being commissioned to more precisely define the zone of influence around Cannock Chase, establish more precisely the causes of impacts affecting the site, and design appropriate mitigation measures if required. Changes to wording in the SADDPD reflect this, and require mitigation measures to be implemented in response to new evidence if said evidence suggests a possible impact pathway from any part of the borough.

5.6 Water Resources – Waste Water Treatment

5.6.1 Severn Trent Water (STW) provides sewerage services to Sandwell area. The Water Cycle Study (WCS, 2009) for the Black Country concluded that wastewater arising in Sandwell is treated at two treatment works (WwTW) sites: Ray Hall Sewage Treatment Works and Roundhill Sewage Treatment Works.

5.6.2 The pathways to the estuarine European sites are as follows. Treated water from Ray Hall flows into the River Tame and onwards ultimately, via the River Trent, to the Humber Estuary SAC, SPA and Ramsar site. The Roundhill WwTW deposits treated water into the River Stour and onwards, to the Severn Estuary SAC, SPA and Ramsar site.

5.6.3 According to the WCS, both WwTW sites possess sufficient volumetric capacity to cope with the additional burden of proposed housing and employment sites proposed in the SADDPD. The study also identified that the Sandwell area has a good coverage of strategic sewerage which enables new connections to the existing network.

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5.6.4 Although WwTWs servicing Sandwell have the volumetric capacity for the proposed developments, UK water quality standards will change in 2015. Current Environment Agency water quality standards are being met in and around the Black Country including Sandwell. However, new quality standards will be introduced as of 2015 (i.e. during the plan period) as part of the Water Framework Directive (WFD). The WCS provides forecast potential constraints, and indicates that there are may be water quality issues relating in particular to the new WFD Standards. It is worth noting that besides WFD standards being more stringent they are based upon the objectives and condition of the receiving body of water and not the vulnerabilities of hydrologically-connected European sites. However this may be a moot point; it is likely and would make sense if conservation objectives relating to water quality at European sites are updated by Natural England to meet WFD standards if they do not already do so.

5.6.5 The Humber and Severn Estuaries were identified in the BCJCS HRA as locations of potential concern for water quality deterioration due to consent changes for the WFD The Humber Estuary is currently under pressure from eutrophication, toxic contamination and sporadic oxygen sags in the upper estuary. Much of the pressure on this European site is derived from poor water quality from those rivers feeding into the estuary, including but not exclusively those from the Black Country. Similar effects can be expected at the Severn Estuary if WwTW cannot cope with the forecast growth in relation to the WFD standards i.e. “good ecological status”.

5.6.6 The WCS included a number of recommendations for further work in relation to, amongst other matters, wastewater treatment. The report recommended that “Detailed WCSs” be prepared to explore more fully the issues surrounding assumptions in relation to volumetric capacity and water quality; the significance of water quality being associated with the forthcoming Water Framework Directive standards (WFD, 2000/60/EC). The WCS recommendations also suggested that the water companies be contacted to discuss plans for the future management and maintenance of WwTWs:

“Given the nature of difficulty in providing upgrades to the sewer network within the Black Country, a key component of the Detailed WCS should be the modelling of the sewer network for the regeneration corridor and strategic centres to confirm the capacity within the existing sewer network. In particular development planned to drain to Ray Hall and Roundhill WwTWs should be investigated along with the wastewater drainage options for the Strategic Centre development of Brierley Hill. The modelling exercise and wastewater capacity assessment will need to be undertaken in conjunction, and agreed, with ST”. (p.118, WCS, 2009)

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5.6.7 Sandwell have followed up these recommendations and have liaised with Severn Trent Water with regard to the forthcoming scheduled maintenance and management works planned to ensure the existing WwTWs are fit for purpose to treat waste water in the future when standards become more stringent (Kaliegh Lowe, pers comm, 10th October 2011). Likewise SMBC wish to ensure that flood issues from sewers are addressed. STW have confirmed that allocations in the plan area will be managed by the existing infrastructure. An internal review on behalf of Sandwell by STW has indicated that whilst new allocations can be managed via existing WwTWs, plans are underway for redevelopment where historic surface water flows have been directed into the sewer system. This issue will be reduced and avoided as part of new developments which will seek to use SuDS and grey water harvesting techniques as part of sustainable design proposals.

5.6.8 It is nevertheless recommended that a detailed Water Cycle Study be undertaken to follow up these recommendations and to be prepared to act on the findings of such a report when resources are available to prepare it.

5.7 Water Resources – Water Supply

5.7.1 The Black Country WCS (2009) notes that Sandwell is supplied by South Staffordshire Water (SSW). SSW provides water-only services for Sandwell as well as other parts of the Black Country. The Review of Consents HRA undertaken by the Environment Agency supports this situation for sites in the vicinity of Sandwell. Cannock Chase is the only exception (see below).

5.7.2 During the period 2006 – 2026 the SADDPD proposes an additional net gain in housing of 14,900 or around 745 additional houses a year. On average each household would contribute 2.36 persons in supply demand from SSW; on average each person consumes 150 litres per day. This means that by 2026, SSW will need around of 5.3ML of additional supply per day. SSW has sufficient resources to meet the forecast growth in demand plus target headroom for both the annual average and peak week conditions throughout their Water Resource Management Plan (WRMP) period to 2035. The Black Country WCS states that “demand management measures are all that is required by SSW”.

5.7.3 Demand measures are a feature of the Code for Sustainable Homes (2006). All new homes will meet CSH3 in the Black Country Core Strategy (2010) according to policy ENV3, “Design Quality”. These will increase throughout the scale of levels during the coming years such that level 6, “Zero Carbon” will be the standard from 2016 onwards (DCLG, 2008).

5.7.4 Liaison with the Environment Agency (Jane Field, pers comm, 17th October 2011) has revealed that, following the Review of Consents HRA process, water levels at Cannock Chase SAC have been the subject of a temporary revised abstraction consent applied to Severn Trent Water. This is associated with the Atlantic Wet Heath habitat. STW do not supply water to Sandwell.

5.8 Recommendations and Changes to Policy

5.8.1 This assessment identifies potential impact pathways to European receptor sites. On this basis, and after discussions with Natural England and other stakeholders, changes to SADDPD

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policy and other recommendations were suggested. These are now included within the plan, and are summarised below. Consequently, it is considered that the likelihood of any significant effects can be adequately avoided. SMBC have made clear that the DPD is equipped and prepared to deal with research findings in association with Cannock Chase SAC and is continuing to progress work with Severn Trent to ensure that water quality will not be compromised as a result of new development and the associated required infrastructure enhancements.

5.8.2 The following addition to the text supporting the SADDPD‟s housing policies has been provided by SMBC:

There is a level of uncertainty over any likely significant impacts of development proposals within the SAD DPD on European site as outlined in the CRA [Conservation Regulations Assessment also known as HRA] Screening Statement. Sandwell MBC will work to ensure that no development proposals will lead to additional recreational impacts upon any European Protected Site. If future evidence suggests there could be an impact pathway as a result of the SAD DPD, then mitigation measures will be implemented. At the present time there is a level of uncertainty over any potential impact on Cannock Chase SAC and Sandwell MBC in conjunction with other Local Authorities is carrying out work to address any potential impacts.

5.8.3 This wording is designed to accommodate ongoing research which might have a bearing on future development in Sandwell and European sites of nature conservation importance. The plan makers at Sandwell have deliberately not prescribed or suggested mitigation at this stage to help avoid setting inappropriate precedents.

5.9 Iterative Assessment of Potential Impact-Generating SADDPD Proposals

5.9.1 Assessing SADDPD proposals under the Habitats Regulations was an iterative process that can be summarised by the following key tasks: (i) evidence and initial screening for potential effects, (ii) requesting further detail and clarification from local planners and/or amending proposals to improve their performance against conservation objectives, and (iii) re-screening for likely significant effects on European sites.

5.9.2 Appendix V provides the screening results for all policy proposals in the SADDPD. Table 5.2 provides further detailed assessment of Policy SAD H1, Housing Allocations. Having screening all the policies and presented them in Appendix V, the initial screening categorisation (see Table 4.1) of this policy identified potential significant effects at three European sites. Table 5.3 presents the detailed results of the screening process including a final screening category.

Table 5.3: Summary of iterative screening judgements for potentially impact-generating proposals

Policy SAD H1: Housing Allocations – Recreational disturbance and atmospheric pollution

Initial On the basis of the previous Cannock Chase visitor survey it is difficult to Final screening rule out potential impacts relating to recreation and possibly air quality screening category: at Cannock Chase SAC from the housing and employment site category:

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C2 allocations. A4 Category change Changes to SADDPD supporting wording regarding Housing policies commits to responding to new evidence and mitigates impacts upon European sites

Policy SAD H1: Housing Allocations – Water supply

Initial South Staffordshire Water forecast that they will be able to meet water Final screening supply demand over the plan period. Demand management measures screening category: will be implemented in line with the Code for Sustainable Homes (2006) category: D1 timetable as committed by the Black Country Core Strategy policy A4 ENV3. No significant effect means no in-combination effect can take place. Category change No significant effect means no in-combination effect can take place.

Policy SAD H1: Housing Allocations – Water quality

Initial The outline WCS for the Black Country states that there is sufficient Final screening volumetric capacity at all WwTWs to accommodate future development. screening category: The Review of Consents has been completed and only Cannock Chase category: D1 SAC requires consent amendment. This affects Severn Trent Water‟s A4 ability to abstract rather than treat water. Severn Trent Water have confirmed Waste Water can be adequately treated within volumetric capacity at the two main WwTWs which process Sandwell‟s waste water: Ray Hall and Roundhill. Category change No significant effect means no in-combination effect can take place.

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6 Summary

6.1 Screening statement

6.1.1 This document sets out SMBC‟s statement on Habitats Regulations Assessment for the proposed SADDPD. It shows that subject to the additional wording now in place in the DPD, it is considered unlikely that the SADDPD will generate likely significant effects at any European site included in the assessment, either alone or in-combination with other plans and projects.

6.1.2 As a result a stage 2 Appropriate Assessment will not be undertaken.

6.2 Consultation arrangements

6.2.1 This report has been sent to Natural England for a Screening Opinion.

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References and Bibliography

Bobbink R, Boxman D, Fremstad E, Heil G, Houdijk A and Roelofs J (1993): Nitrogen eutrophication and critical load for nitrogen based upon changes in flora and fauna in (semi)-natural terrestrial ecosystems. In: Critical loads for nitrogen. Proceedings of a UN-ECE workshop at Lökeberg, Sweden.

David Tyldesley and Associates (for English Nature, 2009): Draft Guidance: The Assessment of Regional Spatial Strategies and Sub-Regional Strategies under the Provisions of the Habitats Regulations.

Department for Communities and Local Government (DCLG, 2010) The Code for Sustainable Homes

Department for Communities and Local Government (DCLG, 2008) Greener homes for the future.

Department for Communities and Local Government (DCLG, 2006): Planning for the Protection of European Sites: Appropriate Assessment (Draft).

Department for Environment, Food and Rural Affairs (Defra, 2010) Floods and Water Management Act 2010

Environment Agency (2009 & 2010) Review of Consents: Severn Estuary Stage 3 and 4; Appropriate Assessment. Environment Agency (2008): Tame, Anker and Mease Catchment Abstraction Management Strategy.

European Commission (2000): Communication from the Commission on the Precautionary Principle.

European Commission (2001): Assessment of plans and projects significantly affecting Natura 2000 Sites: Methodological Guidance on the Provisions of Article 6(3) and 6(4) of the Habitats Directive.

Footprint Ecology (for Cannock Chase District Council, Lichfield District Council, South Staffordshire District Council, Stafford Borough Council and Staffordshire County Council, 2009): Evidence Base relating to Cannock Chase SAC and the Appropriate Assessment of Local Authority Core Strategies.

Footprint Ecology (for Cannock Chase District Council, Lichfield District Council, South Staffordshire District Council, Stafford Borough Council and Staffordshire County Council, 2010): Cannock Chase Visitor Impact Mitigation Strategy.

Joint Nature Conservancy Committee (JNCC) accessed online at (24/04/11): http://www.jncc.gov.uk/

Langton T, Beckett C and Foster J (2001), Great Crested Newt Conservation Handbook, Froglife, Suffolk

Office of the Deputy Prime Minister (ODPM, 2005a): Planning Policy Statement 9: Biodiversity and Geological Conservation.

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ODPM (2005b): Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System.

Sandwell Metropolitan Borough Council (2011): Environmental Infrastructure Guidance: main report.

Scott Wilson (for Black Country Authorities, 2009): Black Country Water Cycle Study and Scoping Surface Water management Plan. Final Report, September, 2009

Severn Trent Water Ltd. (2010) Water Resource Management Plan

South Staffordshire Water Ltd. (2010) Water Resource Management Plan

Treweek Environmental Consultants (for West Midlands Regional Assembly, 2009): Impact of Housing Growth on Water Supply and Water Quality at the European sites – Update to information contained within the West Midlands RSS Phase II Revision HRA.

UE Associates, (2010) Habitats Regulations Assessments for Black Country Joint Core Strategy

United Nations Educational, Scientific and Cultural Organisation (UNESCO, 1971): Convention on Wetlands of International Importance especially as Waterfowl Habitat. (Ramsar (Iran), 2 February 1971, UN Treaty Series No. 14583).

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1 Appendix I: Ecological Description of each European Site

Site Type Site Description Cannock Chase SAC The area of lowland heathland at Cannock Chase is the most extensive in the Midlands, although there have been losses due to fragmentation and scrub/woodland encroachment. The character of the vegetation is intermediate between the upland or northern heaths of England and Wales and those of southern counties. Dry heathland communities belong to NVC types H8 Calluna vulgaris – Ulex gallii and H9 Calluna vulgaris – Deschampsia flexuosa heaths. Within the heathland, species of northern latitudes occur, such as cowberry Vaccinium vitis-idaea and crowberry Empetrum nigrum. Cannock Chase has the main British population of the hybrid bilberry Vaccinium intermedium, a plant of restricted occurrence. There are important populations of butterflies and beetles, as well as European nightjar Caprimulgus europaeus and five species of bats. Cannock SAC Cannock Extension Canal in central England is an example of anthropogenic, lowland habitat supporting floating water-plantain Extension Canal Luronium natans at the eastern limit of the plant‟s natural distribution in England. A very large population of the species occurs in the Canal, which has a diverse aquatic flora and rich dragonfly fauna, indicative of good water quality. The low volume of boat traffic on this terminal branch of the Wyrley and Essington Canal has allowed open-water plants, including floating water- plantain, to flourish, while depressing the growth of emergents Ensor’s Pool SAC This lowland site is situated over 5km outside of SMBC, due East of and South West of Nuneaton. It represents white-clawed crayfish Austropotamobius pallipes in standing water. This 1 ha marl pit holds a very large population, estimated at 50,000. Although crayfish plague outbreaks have occurred in the Midlands, this waterbody is isolated from river systems and is a good example of a „refuge‟ site in an important part of the species‟ former range Fens Pools SAC This site comprises three canal feeder reservoirs and a series of smaller pools. They overlie Etruria marls and coal measures of the Carboniferous period. The site shows evidence of past industrial activities and includes a wide range of habitats from open water, swamp, fen and inundation communities to unimproved neutral and acidic grassland and scrub. Great crested newts Triturus cristatus occur as part of an important amphibian assemblage Humber Estuary cSAC The Humber is the second-largest coastal plain estuary in the UK, and the largest coastal plain estuary on the east coast of Britain. It is a muddy, macro-tidal estuary, fed by the Rivers Ouse, Trent and Hull, Ancholme and Graveney. Suspended sediment concentrations are high, and are derived from a variety of sources, including marine sediments and eroding boulder clay along the Holderness coast. This is the northernmost of the English east coast estuaries whose structure and function is intimately linked with soft eroding shorelines. Habitats within the Humber Estuary include 1330 Atlantic salt meadows and a range of sand dune types in the outer estuary, together with subtidal sandbanks (H1110 Sandbanks which are slightly covered by sea water all the time), extensive intertidal mudflats (H1140 Mudflats and sandflats not covered by seawater at low tide), glasswort beds (H1310 Salicornia and other annuals colonising mud and sand), and 1150 coastal lagoons. As salinity declines upstream,

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Site Type Site Description reedbeds and brackish saltmarsh communities fringe the estuary. These are best-represented at the confluence of the Rivers Ouse and Trent at Blacktoft Sands. Upstream from the Humber Bridge, the navigation channel undergoes major shifts from north to south banks, for reasons that have yet to be fully explained. This section of the estuary is also noteworthy for extensive mud and sand bars, which in places form semi-permanent islands. Significant fish species include 1099 river lamprey Lampetra fluviatilis and 1095 sea lamprey Petromyzon marinus which breed in the River Derwent, a tributary of the River Ouse. The Humber Estuary includes extensive intertidal mudflats and sandflats not covered by seawater at low tide. Upstream from the Humber Bridge, extensive mud and sand bars in places form semi-permanent islands. Humber Estuary SPA Humber Estuary SPA is located on the east coast of England, and comprises extensive wetland and coastal habitats within the Humber Estuary. The estuary drains a catchment of some 24,240 square kilometres and provides the largest single input of freshwater from Britain into the North Sea. It has the second-highest tidal range in Britain (7.2 m) and approximately one-third of the estuary is exposed as mud- or sand-flats at low tide. The inner estuary supports extensive areas of reedbed with areas of mature and developing saltmarsh backed by grazing marsh in the middle and outer estuary. On the north Lincolnshire coast, the saltmarsh is backed by low sand dunes with marshy slacks and brackish pools. The estuary supports important numbers of waterbirds (especially geese, ducks and waders) during the migration periods and in winter. It also supports important breeding populations of terns and raptors in summer. Humber Estuary Ramsar The Humber Estuary is the largest macro-tidal estuary on the British North Sea coast. It drains a catchment of some 24,240 square kilometres and is the site of the largest single input of freshwater from Britain into the North Sea. It has the second- highest tidal range in Britain (max 7.4 m) and approximately one-third of the estuary is exposed as mud or sand flats at low tide. The inner estuary supports extensive areas of reedbed with areas of mature and developing saltmarsh backed in places by limited areas of grazing marsh in the middle and outer estuary. On the north Lincolnshire coast the saltmarsh is backed by low sand dunes with marshy slacks and brackish pools. The Estuary regularly supports internationally important numbers of waterfowl in winter and nationally important breeding populations in summer. River Mease SAC The River Mease is a good example of a riverine population of spined loach Cobitis taenia. It is a small tributary of the River Trent and has retained a reasonable degree of channel diversity compared to other similar rivers containing spined loach populations. It has extensive beds of submerged plants along much of its length which, together with its relatively sandy sediments (as opposed to cohesive mud) provides good habitat opportunities for the species. The Mease is an example of bullhead Cottus gobio populations in the rivers of central England. Bed sediments are generally not as coarse as other sites selected for the species, reflecting the nature of many rivers in this geographical area, but are suitable in patches due to the river‟s retained sinuosity. The patchy cover from submerged macrophytes is also important for the species. Severn Estuary dSAC Tidal rivers. Estuaries. Mud flats. Sand flats. Lagoons (including saltwork basins) (99%) Salt marshes. Salt pastures. Salt steppes (1%). Severn Estuary SPA The Severn Estuary is located between Wales and England in south-west Britain. It is a large estuary with extensive intertidal mud-flats and sand-flats, rocky platforms and islands. Saltmarsh fringes the coast backed by grazing marsh with freshwater ditches and occasional brackish ditches. The seabed is rock and gravel with sub-tidal sandbanks. The estuary's classic funnel shape, unique in the UK, is a factor causing the Severn to have the second- highest tidal range in the world (after the Bay of Fundy in Canada). This tidal regime results in plant and animal communities typical of the extreme physical conditions of liquid mud and tide- swept sand and rock. The species-poor invertebrate community includes high densities of ragworms, lugworms

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Site Type Site Description and other invertebrates forming an important food source for passage and wintering waders. A further consequence of the large tidal range is an extensive intertidal zone, one of the largest in the UK. The site is of importance during the spring and autumn migration periods for waders moving up the west coast of Britain, as well as in winter for large numbers of waterbirds, especially swans, ducks and waders. Severn Estuary Ramsar The Severn Estuary is a large estuary with extensive intertidal mudflats and sandflats, rocky platforms and islands. Saltmarsh fringes the coast backed by grazing marsh with freshwater ditches and occasional brackish ditches. The seabed is rock and gravel with subtidal sandbanks. The estuary's classic funnel shape, unique in the UK, is a factor causing the Severn to have the second-highest tidal range in the world. This tidal regime results in plant and animal communities typical of the extreme physical conditions of liquid mud and tideswept sand and rock. A further consequence of the large tidal range is an extensive intertidal zone, one of the largest in the UK.

Source: Adapted from Joint Nature Conservation Committee

Protected Site Information, 2007)

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2 Appendix II: Qualifying features

* denotes priority habitats and species under the EC Habitats Directive 92/43/EEC Site Type Qualifying Feature Listing Cannock SAC European dry heaths for which this is considered to be one of the best areas in the United Kingdom. Annex I habitat Chase Northern Atlantic wet heaths with Erica tetralix for which the area is considered to support a significant Supporting Annex I habitat presence. Cannock SAC Floating Water-plantain Luronium natans for which this is considered to be one of the best areas in the Annex II species Extension United Kingdom. An example of an anthropogenic lowland habitat supporting this species at the Canal eastern limit of the plant‟s natural English range. Ensor’s Pool SAC White-clawed Crayfish Austropotamobius pallipes (Annex II species) – Isolated away from other river Annex II species systems the site provides a refuge area for a very large population of the species (approx 50,000) Fens Pools SAC Great crested newt Triturus cristatus, which occur as a part of an important amphibian assemblage Annex II species

Humber cSAC Estuaries Annex I habitat Estuary Mudflats and sandflats not covered by seawater at low tide Annex I habitat Sandbanks which are slightly covered by sea water all the time Supporting Annex I habitat *Coastal lagoons Supporting Annex I habitat Salicornia and other annuals colonising mud and sand Supporting Annex I habitat Atlantic salt meadows Glauco-Puccinellietalia maritimae Supporting Annex I habitat Embryonic shifting dunes Supporting Annex I habitat Shifting dunes along the shoreline with Ammophila arenaria (`white dunes`) Supporting Annex I habitat *Fixed dunes with herbaceous vegetation (`grey dunes‟) Supporting Annex I habitat Dunes with Hippophae rhamnoides Supporting Annex I habitat Sea lamprey Petromyzon marinus Supporting Annex II species River lamprey Lampetra fluviatilis Supporting Annex II species Grey seal Halichoerus grypus Supporting Annex II species Humber SPA Botaurus stellaris (Europe – breeding season) 10.5% of the population in Great Britain 2000-2002 Article 4.1, Birds Directive Estuary Circus aeruginosus (breeding season) 6.3% of the population in Great Britain 1998-2002 Article 4.1, Birds Directive Recurvirostra avosetta (Western Europe/Western Mediterranean - Breeding season) 8.6% of the Article 4.1, Birds Directive population in Great Britain 1998-2002

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Site Type Qualifying Feature Listing Sterna albifrons (Eastern Atlantic – breeding season) 2.1% of the population in Great Britain 1998-2002 Article 4.1, Birds Directive Botaurus stellaris (Europe - winter) 4% of the population in Great Britain 1998/9 to 2002/3 Article 4.1, Birds Directive Circus cyaneus (winter) 1.1% of the population in Great Britain 1997/8 to 2001/2 Article 4.1, Birds Directive Limosa lapponica (Western Palearctic-winter) 4.4% of the population in Great Britain 1996/7 to 2000/1 Article 4.1, Birds Directive Pluvialis apricaria (North-western Europe - winter) 12.3% of the population in Great Britain 1996/7 to Article 4.1, Birds Directive 2000/1 Recurvirostra avosetta (Western Europe/Western Mediterranean - winter) 1.7% of the population in Article 4.1, Birds Directive Great Britain 1996/7 to 2000/1 Philomachus pugnax (Western Africa – on passage) 1.4% of the population in Great Britain 1996-2000 Article 4.1, Birds Directive Calidris alpina alpine (Northern Siberia/Europe/Western Africa - winter) 1.7% of the population 1996/7 Article 4.2, Birds Directive to 2000/1 Calidris canutus (North-eastern Canada/Greenland/Iceland/Northwestern Europe - winter) 6.3% of the Article 4.2, Birds Directive population 1996/7 to 2000/1 Limosa limosa islandica (Iceland - winter) 3.2% of the population 1996/7 to 2000/1 Article 4.2, Birds Directive Tadorna tadorna (North-western Europe - winter) 1.5% of the population 1996/7 to 2000/1 Article 4.2, Birds Directive Tringa tetanus (Eastern Atlantic - winter) 3.6% of the population 1996/7 to 2000/1 Article 4.2, Birds Directive Calidris alpina alpine (Northern Siberia/Europe/Western Africa – on passage) 1.5% of the population Article 4.2, Birds Directive 1996-2000 Calidris canutus (North-eastern Canada/Greenland/Iceland/Northwestern Europe – on passage) 4.1% Article 4.2, Birds Directive of the population 1996-2000 Limosa limosa islandica (Iceland – on passage) 2.6% of the population 1996-2000 Article 4.2, Birds Directive Tringa tetanus (Eastern Atlantic – on passage) 5.7% of the population 1996-2000 Article 4.2, Birds Directive In the non-breeding season the area regularly supports an internationally important assemblage of: Article 4.2, Birds Directive 153934 waterfowl (5 year peak mean 1996/7 to 2000/1) Including: Anas crecca , Anas penelope , Anas platyrhynchos , Arenaria interpres , Aythya ferina , Aythya marila , Botaurus stellaris , Branta bernicla bernicla , Bucephala clangula , Calidris alba , Calidris alpina alpina , Calidris canutus , Charadrius hiaticula , Haematopus ostralegus , Limosa lapponica , Limosa limosa islandica , Numenius arquata , Numenius phaeopus , Philomachus pugnax , Pluvialis apricaria , Pluvialis squatarola , Recurvirostra avosetta , Tadorna tadorna , Tringa nebularia , Tringa totanus , Vanellus vanellus Humber Ramsar Ramsar Criterion 1 Annex I habitats Estuary The site is a representative example of a near-natural estuary with the following component habitats: dune systems and humid dune slacks, estuarine waters, intertidal mud and sand flats, saltmarshes, and coastal brackish/saline lagoons. It is a large macro-tidal coastal plain estuary with high suspended sediment loads, which feed a dynamic and rapidly changing system of accreting and eroding intertidal and subtidal mudflats,

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Site Type Qualifying Feature Listing sandflats, saltmarsh and reedbeds. Examples of both strandline, foredune, mobile, semi-fixed dunes, fixed dunes and dune grassland occur on both banks of the estuary and along the coast. The estuary supports a full range of saline conditions from the open coast to the limit of saline intrusion on the tidal rivers of the Ouse and Trent. Wave exposed sandy shores are found in the outer/open coast areas of the estuary. These change to the more moderately exposed sandy shores and then to sheltered muddy shores within the main body of the estuary and up into the tidal rivers. The lower saltmarsh of the Humber is dominated by common cordgrass Spartina anglica and annual glasswort Salicornia communities. Low to mid marsh communities are mostly represented by sea aster Aster tripolium, common saltmarsh grass Puccinellia maritima and sea purslane Atriplex portulacoides communities. The upper portion of the saltmarsh community is atypical, dominated by sea couch Elytrigia atherica (Elymus pycnanthus) saltmarsh community. In the upper reaches of the estuary, the tidal marsh community is dominated by the common reed Phragmites australis fen and sea club rush Bolboschoenus maritimus swamp with the couch grass Elytrigia repens (Elymus repens) saltmarsh community. Within the Humber Estuary Ramsar site there are good examples of four of the five physiographic types of saline lagoon. Ramsar Criterion 3 Annex II species The Humber Estuary Ramsar site supports a breeding colony of grey seals Halichoerus grypus at Donna Nook. It is the second largest grey seal colony in England and the furthest south regular breeding site on the east coast. The dune slacks at Saltfleetby-Theddlethorpe on the southern extremity of the Ramsar site are the most north-easterly breeding site in Great Britain of the natterjack toad Bufo calamita. Ramsar Criterion 5 Article 4.2, Birds Directive Assemblages of international importance: 153,934 waterfowl, non-breeding season (5 year peak mean 1996/97-2000/2001) Ramsar Criterion 6 Birds Directive 1979 Species/populations occurring at levels of international importance: - European golden plover , Pluvialis apricaria apricaria, P. a. altifrons Iceland & Faroes/E Atlantic. 17996 individuals, representing an average of 2.2% of the population (1996-2000) - Red knot , Calidris canutus islandica, W & Southern Africa. 18500 individuals, representing an average of 4.1% of the population (1996-2000) - Dunlin , Calidris alpina alpina, W Siberia/W Europe. 20269 individuals, representing an average of 1.5% of the population (1996-2000) - Black-tailed godwit , Limosa limosa islandica, Iceland/W Europe. 915 individuals, representing an average of 2.6% of the population (1996-2000) - Common redshank , Tringa totanus tetanus. 7462 individuals, representing an average of 5.7% of the population (1996-2000) - Common shelduck , Tadorna tadorna, NW Europe. 4464 individuals, representing an average of 1.5%

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Site Type Qualifying Feature Listing of the population (1996/7 to 2000/1) - European golden plover , Pluvialis apricaria apricaria, P. a. altifrons Iceland & Faroes/E Atlantic. 30709 individuals, representing an average of 3.8% of the population (1996/7 to 2000/1) - Red knot , Calidris canutus islandica, W & Southern Africa. 28165 individuals, representing an average of 6.3% of the population (1996/7 to 2000/1) - Dunlin , Calidris alpina alpina, W Siberia/W Europe. 22222 individuals, representing an average of 1.7% of the population (1996/7 to 2000/1) - Black-tailed godwit , Limosa limosa islandica, Iceland/W Europe. 1113 individuals, representing an average of 3.2% of the population (1996/7 to 2000/1) - Bar-tailed godwit , Limosa lapponica lapponica, W Palearctic. 2752 individuals, representing an average of 2.3% of the population (1996/7 to 2000/1) Ramsar Criterion 8 Annex II species The Humber Estuary acts as an important migration route for both river lamprey Lampetra fluviatilis and sea lamprey Petromyzon marinus between coastal waters and their spawning areas. River Mease SAC Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion Supporting Annex I habitat vegetation for which the area is considered to support a significant presence. Spined loach Cobitis taenia for which this is one of only four known outstanding localities in the United Annex II species Kingdom. Bullhead Cottus gobio for which this is considered to be one of the best areas in the United Kingdom. Annex II species White-clawed (or Atlantic stream) crayfish Austropotamobius pallipes for which the area is considered Supporting Annex II species to support a significant presence. Otter Lutra lutra for which the area is considered to support a significant presence. Supporting Annex II species Severn Ramsar Ramsar Criterion 1 Annex I habitats Estuary Due to immense tidal range (second-largest in world), this affects both the physical environment and biological communities. Habitats Directive Annex I features present on the pSAC include: H1110 Sandbanks which are slightly covered by sea water all the time H1130 Estuaries H1140 Mudflats and sandflats not covered by seawater at low tide H1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) Ramsar Criterion 3 Annex I habitat Due to unusual estuarine communities, reduced diversity and high productivity. Ramsar Criterion 4 Annex II species This site is important for the run of migratory fish between sea and river via estuary. Species include Salmon Salmo salar, sea trout S. trutta, sea lamprey Petromyzon marinus, river lamprey Lampetra fluviatilis, allis shad Alosa alosa, twaite shad A. fallax, and eel Anguilla anguilla. It is also of particular

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Site Type Qualifying Feature Listing importance for migratory birds during spring and autumn. Ramsar Criterion 5 Article 4.2, Birds Directive Assemblages of international importance: 70919 waterfowl (5 year peak mean 1998/99-2002/2003) Ramsar Criterion 6 Birds Directive 1979 Species/populations occurring at levels of international importance: - Tundra swan, Cygnus columbianus bewickii, NW Europe. 229 individuals, representing an average of 2.8% of the GB population (5 year peak mean 1998/9- 2002/3) - Greater white-fronted goose, Anser albifrons albifrons, NW Europe. 2076 individuals, representing an average of 35.8% of the GB population (5 year peak mean for 1996/7-2000/01) - Common shelduck, Tadorna tadorna, NW Europe. 3223 individuals, representing an average of 1% of the population (5 year peak mean 1998/9- 2002/3) - Gadwall, Anas strepera strepera, NW Europe. 241 individuals, representing an average of 1.4% of the GB population (5 year peak mean 1998/9- 2002/3) - Dunlin , Calidris alpina alpina, W Siberia/W Europe. 25082 individuals, representing an average of 1.8% of the population (5 year peak mean 1998/9-2002/3) - Common redshank , Tringa totanus tetanus. 2616 individuals, representing an average of 1% of the population (5 year peak mean 1998/9- 2002/3) Species/populations identified subsequent to designation for possible future consideration under criterion 6. - Lesser black-backed gull , Larus fuscus graellsii, W Europe/Mediterranean/W Africa. 4167 apparently occupied nests, representing an average of 2.8% of the breeding population (Seabird 2000 Census) - Ringed plover , Charadrius hiaticula, Europe/Northwest Africa. 740 individuals, representing an average of 1% of the population (5 year peak mean 1998/9- 2002/3) - Eurasian teal , Anas crecca, NW Europe. 4456 individuals, representing an average of 1.1% of the population (5 year peak mean 1998/9-2002/3) - Northern pintail , Anas acuta, NW Europe. 756 individuals, representing an average of 1.2% of the population (5 year peak mean 1998/9- 2002/3) Ramsar Criterion 8 Annex II species The fish of the whole estuarine and river system is one of the most diverse in Britain, with over 110 species recorded. Salmon Salmo salar, sea trout S. trutta, sea lamprey Petromyzon marinus, river lamprey Lampetra fluviatilis, allis shad Alosa alosa, twaite shad A. fallax, and eel Anguilla Anguilla use the Severn Estuary as a key migration route to their spawning grounds in the many tributaries that flow into the estuary. The site is important as a feeding and nursery ground for many fish species particularly allis shad Alosa alosa and twaite shad A. fallax which feed on mysid shrimps in the salt wedge. (Source: Adapted from Joint Nature Conservation Committee Protected Site Information, 2007)

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3 Appendix III: Conservation Objectives

Site Type Conservation Objectives Cannock Chase SAC Maintain, in favourable condition, European dry heaths with particular reference to the H8 Calluna vulgaris-Uex galli and H9 Calluna vulgaris-Deschampsia flexuosa communities. Maintain, in favourable condition, North Atlantic wet heaths with Erica tetralix, with particular reference to the M10 Carex dioica-Pinguicula vulgaris mire and M16 Erica tetralix-Sphagnum compactum wet heath communities. Fen, Marsh and Swamp –Valley bogs/fen containing M16 Erica tetralix - Sphagnum compactum wet heath community. Broadleaved mixed and yew woodland - Alder wood (W5 Alnus glutinosa - Carex paniculata wet woodland, W7 Alnus glutinosa – Fraxinus excelsior – Lysimachia nemorum wet woodland), Oak/Birch woodland (W16 Quercus spp. - Betula spp. - Deschampsia flexuosa woodland). Cannock SAC Maintain in favourable condition the habitat for the internationally important population of Floating Water-plantain, with particular Extension Canal reference to the standing open water Ensor’s Pool SAC Ensure maintenance of the habitat in a favourable condition for the native white-clawed crayfish Fens Pools SAC To maintain the extent of the amphibian habitat (terrestrial and aquatic)s at Fens Pools. No loss of area or fragmentation of site (through significant barriers to amphibian dispersal) compared with status at designation. On this site favourable condition is defined in terms of the amphibian and Great Crested Newt attributes and targets. Humber Estuary cSAC To maintain, in a favourable condition, the habitats and species for which this site is designated Humber Estuary SPA To maintain, in a favourable condition, the populations of birds for which this site is designated and the habitats which support them Humber Estuary Ramsar Conservation objectives are not set specifically for Ramsar sites River Mease SAC Maintain the river as a favourable habitat for floating formations of water crowfoot (Ranunculus), populations of bullhead, spined loach and white-clawed crayfish, and the river and adjoining land as habitat for populations of otter Severn Estuary cSAC Maintain these designated features and species in favourable condition: in the case of the designated fauna, this will require successful maintenance of supporting habitats Severn Estuary SPA To maintain, in a favourable condition, the populations of birds for which this site is designated and the habitats which support them, in particular Bewick‟s Swan Severn Estuary Ramsar Maintain in a favourable condition the habitat types and species for which this site is designated, as defined by the conservation objectives for the SCI and SPA Source: Adapted from Joint Nature Conservation Committee Protected Site Information, 2007)

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4 Appendix IV: Vulnerabilities

Site Type Vulnerabilities Cannock Chase SAC  Visitor pressures include dog walking, hose riding, mountain biking and off-track activities such as orienteering, all of which cause disturbance and result in erosion, new track creation and vegetation damage  Bracken invasion is significant, but is being controlled. Birch and pine scrub, much of the latter from surrounding commercial plantations, is continually invading the site and has to be controlled. High visitor usage and the fact that a significant proportion of the site is Common Land, requiring Secretary of State approval before fencing can take place, means that the reintroduction of sustainable management in the form of livestock grazing has many problems  Cannock Chase overlies coal measures which have been deep-mined. Mining fissures continue to appear across the site even though mining has ceased and this is thought to detrimentally affect site hydrology. Furthermore the underlying Sherwood Sandstone is a major aquifer with water abstracted for public and industrial uses and the effects of this on the wetland features of the Chase are not fully understood Cannock SAC  The population of Luronium natans in this cul-de-sac canal is dependent upon a balanced level of boat traffic. If the canal is not Extension used, the abundant growth of other aquatic macrophytes may shade-out the Luronium atans unless routinely controlled by Canal cutting. An increase in recreational activity would be to the detriment of 51ranium natans.  Existing discharges of surface water run-off, principally from roads, cause some reduction in water quality. Ensor’s Pool SAC  Water Quality – Pollution could affect crayfish at all stages of the life cycle  Water Quantity – Site may be threatened by water abstraction  Habitat management – Site is being managed as a Local Nature Reserve  Non-native or invasive species – Population will be vulnerable to the invasive signal crayfish or the threat of diseased crayfish from the Midlands area  Air pollution: considered to be a potential threat to the site, particularly where this increases nutrient loading. Fens Pools SAC  Direct land take  Impacts on protected species outside the protected area: development that reduces or fragments the available terrestrial habitats for newts would be a significant negative factor  Recreational disturbance is cited as a vulnerability of the site in the original SAC citation  Water quantity: sufficient ponds suitable for breeding newts are essential for maintaining the site‟s status  Water quality is a threat, given the urban surroundings  Appropriate management: trees shading ponds need to be controlled to retain suitable habitat for newts  Land use or habitat changes: surrounding habitats need to maintain sufficient terrestrial habitat suitable for newts

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Site Type Vulnerabilities  Invasive non-native species: the introduction of fish has potential to damage the populations of newts in individual ponds; fish predating newts and eels Humber cSAC  Coastal squeeze, impacts on the sediment budget, and geomorphological structure and function of the estuary (due to sea level Estuary rise, flood defence works, dredging, and the construction, operation and maintenance of ports, pipelines and other infrastructure),  Changes in water quality and flows,  Pressure from additional built development,  Damage and disturbance arising from access, recreation and other activities Humber SPA  The range is the second highest in the world and the scouring of the seabed and strong tidal streams result in natural erosion of Estuary the habitats.  Land-claim  Aggregate extraction/dredging  Physical developments such as barrage construction flood defences  Pollution (industrial, oil spillage)  Eutrophication  Tourism based activities and disturbance Humber Ramsar  Disturbance to vegetation through cutting / clearing - Reedbeds being cut and cleared on margins of pits associated with Estuary angling. Management agreements and enforcement to address  Vegetation succession - Lack of reedbed management leading to scrub encroachment. Management agreement to address.  Water diversion for irrigation/domestic/industrial use - Abstraction causes reduced freshwater input. Review of consents well advanced but not yet implemented.  Overfishing - Substantial lamprey by-catch in eel nets in River Ouse.  Pollution (domestic sewage) - Reduced dissolved oxygen in River Ouse is a barrier to fish migration. Review of consents well advanced but not yet implemented.  Pollution (agricultural fertilisers) - Reduced dissolved oxygen in River Ouse is a barrier to fish migration. To be addressed through Catchment Sensitive Farming Initiatives and implementation of Water Framework Directive.  Recreational/tourism disturbance - Particularly illegal access by motorised recreational vehicles and craft. Control through management scheme.  Other factor - Coastal squeeze causing loss of intertidal habitats and saltmarsh due to sea level rise and fixed defences. The Humber Flood Risk Management Strategy has been developed and is being implemented. River Mease SAC  Water quality and quantity: The River Mease is an unusually semi-natural system in a largely rural landscape, dominated by intensive agriculture. Water quality and quantity are vital to the European interests, whilst competition for water resources is high. Diffuse pollution and excessive sedimentation are catchment-wide issues which have the potential to affect the site. Severn Estuary cSAC  Impact on protected species outside protected areas  Recreational pressure and disturbance

HRA for Sandwell Site Allocations and Delivery Development Plan: Screening Report October 2011 UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND

Site Type Vulnerabilities  Water quality  Water quantity  Invasive or non-native species Severn Estuary SPA  Direct land take  Impact on protected species outside protected areas  Recreational pressure and disturbance  Water quality issues arise from agricultural runoff and sewage discharges raising nutrient levels, and industrial pollution  Water quantity  Key site vulnerabilities relate to maintaining coastal processes and controls on large-scale human activities within the site, such as land reclamation, aggregate extraction and flood-defence construction Severn Estuary Ramsar  Dredging  Erosion  Recreational/tourism disturbance

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5 Appendix V: Screening Matrix

Identified European Sites

FensPools SAC

RiverSAC Mease

Ensor’sSAC Pool

CannockChaseSAC

Severn SPA SAC, Ramsar &

Humber SPA SAC, Ramsar & Cannock Extension Canal SAC CannockExtensionCanal Option

Housing Policies

SAD H 1 Housing Allocations C2 D1 D1 A4 A4 A4 A4

SAD H 2 Housing Windfalls A4 A4 A4 A4 A4 A4 A4

SAD H 3 Affordable Housing A4 A4 A4 A4 A4 A4 A4

SAD H 4 Housing for People with Specific Needs A4 A4 A4 A4 A4 A4 A4

Economy and Employment

SAD EMP 1 Employment Land Development Sites A4 A4 A4 A4 A4 A4 A4

SAD EMP 2 Training and Recruitment A1 A1 A1 A1 A1 A1 A1

SAD EMP 3 Design of New Waste Management Facilities A3 A3 A3 A3 A3 A3 A3 Relationship between Industrial Sites and Sensitive SAD EMP 4 A1 A1 A1 A1 A1 A1 A1 Users

Retail and Centres

SAD CEN 1 Non Retail uses in Town Centres A4 A4 A4 A4 A4 A4 A4

Transport

SAD TRAN Hackney Carriages/Private Hire Vehicles A1 A1 A1 A1 A1 A1 A1 1 SAD TRAN Road Improvement A1 A1 A1 A1 A1 A1 A1 2 SAD TRAN Car Parking A4 A4 A4 A4 A4 A4 A4 3

Historic Environment

SAD HE 1 Listed Buildings A1 A1 A1 A1 A1 A1 A1

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SAD HE 2 Conservation Areas A1 A1 A1 A1 A1 A1 A1

SAD HE 3 Buildings of Local Historic/Architectural Importance A1 A1 A1 A1 A1 A1 A1 Registered Parks and Gardens and other undesignated SAD HE 4 A3 A3 A3 A3 A3 A3 A3 green spaces SAD HE 5 Archaeology & Development Proposals A1 A1 A1 A1 A1 A1 A1

SAD HE 6 Areas of Townscape Value A3 A3 A3 A3 A3 A3 A3

Environment and Open Space

SAD EOS 1 The Green Space Hierarchy A3 A3 A3 A3 A3 A3 A3

SAD EOS 2 Green Belt A3 A3 A3 A3 A3 A3 A3

SAD EOS 3 Rowley Hills Strategic Open Space A3 A3 A3 A3 A3 A3 A3

SAD EOS 4 Community Open Space A3 A3 A3 A3 A3 A3 A3

SAD EOS 5 Environmental Infrastructure A3 A3 A3 A3 A3 A3 A3

SAD EOS 6 Allotments A3 A3 A3 A3 A3 A3 A3 Floodlighting, Synthetic Turf Pitches and Multi Use SAD EOS 7 A1 A1 A1 A1 A1 A1 A1 Games Areas SAD EOS 8 Water Sports and Recreation Uses A1 A1 A1 A1 A1 A1 A1

SAD EOS 9 Urban Design Principles A1 A1 A1 A1 A1 A1 A1 SAD EOS Design Quality & Environmental Standards A1 A1 A1 A1 A1 A1 A1 10

Development constraints

SAD DC 1 Areas affected by Abandoned Limestone Mines A1 A1 A1 A1 A1 A1 A1

SAD DC 2 Zones around Hazardous Installations A1 A1 A1 A1 A1 A1 A1

SAD DC 3 New Developments and Hazardous Substances A4 A4 A4 A4 A4 A4 A4

SAD DC 4 Pollution Control A4 A4 A4 A4 A4 A4 A4 Land Affected By Tipped Material Generating Landfill SAD DC 5 A4 A4 A4 A4 A4 A4 A4 Gas Land Affected By Contaminants, Ground Instability, SAD DC 6 Mining Legacy Land of Unsatisfactory Load Bearing A4 A4 A4 A4 A4 A4 A4 Capacity or Other Constraints

Telecommunications

SAD TEL 1 Telecommunications Antenna and Masts A1 A1 A1 A1 A1 A1 A1

SAD TEL 2 Telephone Kiosks A1 A1 A1 A1 A1 A1 A1

Development Management Policies

SAD DM 1 Access for Disabled People A1 A1 A1 A1 A1 A1 A1

SAD DM 2 Poster Panels A1 A1 A1 A1 A1 A1 A1

SAD DM 3 Amusement Arcades A1 A1 A1 A1 A1 A1 A1

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Car Parking for Disabled People and People with SAD DM 4 A1 A1 A1 A1 A1 A1 A1 Mobility Difficulties SAD DM 5 The Borough’s Gateways A1 A1 A1 A1 A1 A1 A1 Community Facilities including Places of Worship and/or SAD DM 6 A1 A1 A1 A1 A1 A1 A1 Religious Instruction SAD DM 7 Residential Moorings A1 A1 A1 A1 A1 A1 A1

SAD DM 8 Design and Installation of Shop Front Roller Shutters A1 A1 A1 A1 A1 A1 A1

SAD DM 9 Hot Food Take-Aways A1 A1 A1 A1 A1 A1 A1

SAD DM 10 Shop Front Design A1 A1 A1 A1 A1 A1 A1

Regeneration Corridor 8

Area H8.1 Black Lake, West Bromwich A4 A4 A4 A4 A4 A4 A4

Area H8.2 Charles Street, West Bromwich A4 A4 A4 A4 A4 A4 A4

Area H8.3 Hill Top, West Bromwich A4 A4 A4 A4 A4 A4 A4

Area H8.4 Holloway Bank, Wednesbury A4 A4 A4 A4 A4 A4 A4

Area H8.5 Darlaston Road, Wednesbury A4 A4 A4 A4 A4 A4 A4

Area H8.6 Wednesbury Town Centre A4 A4 A4 A4 A4 A4 A4

Area H8.7 Leabrook Road, Wdenesbury A4 A4 A4 A4 A4 A4 A4

Area H8.8 Great Bridge A4 A4 A4 A4 A4 A4 A4

Area H8.9 Carters Green, Wednesbury A4 A4 A4 A4 A4 A4 A4

E8.1 Site off Richmond Street, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.2 Brickhouse Lane, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.3 George Henry Road, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.4 Bagnall Street, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.5 Pikehelve Street/Bagnall Street, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.6 Harvills Hawthorn, West Bromwich A4 A4 A4 A4 A4 A4 A4

E8.7 Site off Bilport Lane, Wednesbury A4 A4 A4 A4 A4 A4 A4

E8.8 Bilport Lane, Wednesbury A4 A4 A4 A4 A4 A4 A4

Regeneration Corridor 9

Area H9.1 Oldbury West / Dudley Road East A4 A4 A4 A4 A4 A4 A4

Area H9.2 Brades Village A4 A4 A4 A4 A4 A4 A4

Area H9.3 Rattlechain A4 A4 A4 A4 A4 A4 A4

Area H9.4 Vaughan Trading Estate A4 A4 A4 A4 A4 A4 A4

Area H9.5 Coneygre A4 A4 A4 A4 A4 A4 A4

Area H9.6 Dudley Port A4 A4 A4 A4 A4 A4 A4

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Area H9.7 Owen Street West A4 A4 A4 A4 A4 A4 A4

Area H9.8 Alexandra Road A4 A4 A4 A4 A4 A4 A4

Area H9.9 Great Bridge A4 A4 A4 A4 A4 A4 A4

E9.1 Former Gulf Oil Depot A4 A4 A4 A4 A4 A4 A4

Regeneration Corridor 12

Area 12.1 Wolverhampton Road, Oldbury A4 A4 A4 A4 A4 A4 A4

Area 12.2 Titford Lane, Oldbury A4 A4 A4 A4 A4 A4 A4

Area 12.3 Ashes Road, Oldbury A4 A4 A4 A4 A4 A4 A4

Area 12.4 Langley Green A4 A4 A4 A4 A4 A4 A4

Area 12.5 Oldbury Town Centre A4 A4 A4 A4 A4 A4 A4

Area 12.6 Rood End Road, Oldbury A4 A4 A4 A4 A4 A4 A4

Area 12.7 Smethwick High Street and Environs A4 A4 A4 A4 A4 A4 A4

Area 12.8 North Smethwick Canalside A4 A4 A4 A4 A4 A4 A4

Area 12.9 Cranford Street A4 A4 A4 A4 A4 A4 A4

Area 12.10 Windmill Eye A4 A4 A4 A4 A4 A4 A4

Area 12.11 West Bromwich AAP A4 A4 A4 A4 A4 A4 A4

E12.1 Portway Road/ Wolverhampton Road A4 A4 A4 A4 A4 A4 A4

E12.2 Rounds Green Road A4 A4 A4 A4 A4 A4 A4

E12.3 Churchbridge, Oldbury A4 A4 A4 A4 A4 A4 A4

E12.4 Park Street, Oldbury A4 A4 A4 A4 A4 A4 A4

E12.5 Wolverhampton Road/ J2 M5 A4 A4 A4 A4 A4 A4 A4

E12.6 Tat Bank Road A4 A4 A4 A4 A4 A4 A4

E12.7 Pope's Lane A4 A4 A4 A4 A4 A4 A4

E12.8 Parsonage Street A4 A4 A4 A4 A4 A4 A4

E12.9 Manchester Street A4 A4 A4 A4 A4 A4 A4

E12.10 Kenrick Way A4 A4 A4 A4 A4 A4 A4

E12.11 Potterton Way A4 A4 A4 A4 A4 A4 A4

E12.12 Dartmouth Road A4 A4 A4 A4 A4 A4 A4

E12.13 Park Lane A4 A4 A4 A4 A4 A4 A4

E12.14 Mornington Road, Smethwick A4 A4 A4 A4 A4 A4 A4

E12.15 Cornwall Road, Smethwick A4 A4 A4 A4 A4 A4 A4

E12.16 Bridge Street Industrial Estate A4 A4 A4 A4 A4 A4 A4

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E12.17 Foundry Lane, Smethwick A4 A4 A4 A4 A4 A4 A4

E12.18 Vittoria Street, Smethwick A4 A4 A4 A4 A4 A4 A4

Regeneration Corridor 13

Area 13.1 Woods Lane MacArthur Road A4 A4 A4 A4 A4 A4 A4

Area 13.2 Corngreaves Road A4 A4 A4 A4 A4 A4 A4

Area 13.3 Forge Lane/Silverthorne Lane A4 A4 A4 A4 A4 A4 A4

Area 13.4 South of Cradley Heath Town Centre A4 A4 A4 A4 A4 A4 A4

Area 13.5 Newlyn Road/Oldfields A4 A4 A4 A4 A4 A4 A4

Area 13.6 North of Cradley Heath Town Centre A4 A4 A4 A4 A4 A4 A4

Area 13.7 Haden Hill A4 A4 A4 A4 A4 A4 A4

Area 13.8 Waterfall Lane A4 A4 A4 A4 A4 A4 A4

Area 13.9 Old Hill A4 A4 A4 A4 A4 A4 A4

Area 13.10 Brickhouse A4 A4 A4 A4 A4 A4 A4

Area 13.11 West of Blackheath Town Centre A4 A4 A4 A4 A4 A4 A4

Regeneration Corridor 16

Area 16.1 Factory Road, Tipton A4 A4 A4 A4 A4 A4 A4

Area 16.2 Bloomfield Rd/Barnfield Rd A4 A4 A4 A4 A4 A4 A4

Area 16.3 Bloomfield Rd/Fountain Lane A4 A4 A4 A4 A4 A4 A4

Area 16.4 Tibbington Terrace A4 A4 A4 A4 A4 A4 A4

Area 16.5 Bradleys Lane/High street A4 A4 A4 A4 A4 A4 A4

Area 16.6 Land off Batmashill Rd A4 A4 A4 A4 A4 A4 A4

Area 16.7 Batmanshill Rd/Purdy Rd/Brierly Lane A4 A4 A4 A4 A4 A4 A4

Outside of the Growth Network

HOC3 Great Barr A4 A4 A4 A4 A4 A4 A4

HOC4 Yew Tree A4 A4 A4 A4 A4 A4 A4

HOC5 Charlemont and Stone Cross A4 A4 A4 A4 A4 A4 A4

HOC6 West Bromwich A4 A4 A4 A4 A4 A4 A4

HOC8 Friar Park Area A4 A4 A4 A4 A4 A4 A4

HOC9 North Wednesbury A4 A4 A4 A4 A4 A4 A4

HOC11 Tibbington A4 A4 A4 A4 A4 A4 A4

HOC12 Darby's Hill A4 A4 A4 A4 A4 A4 A4

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HOC13 Tippity Green - A4 A4 A4 A4 A4 A4 A4

HOC15 South Cradley Heath A4 A4 A4 A4 A4 A4 A4

HOC16 Brandhall A4 A4 A4 A4 A4 A4 A4

HOC18 Bearwood and South Smethwick A4 A4 A4 A4 A4 A4 A4

EOC1 St. Pauls Road, Wednesbury (Opus) A4 A4 A4 A4 A4 A4 A4

NC1 Weddel Wynd Community Woodland Tipton A4 A4 A4 A4 A4 A4 A4

NC2 Gospel Oak Road, Tipton A4 A4 A4 A4 A4 A4 A4

NC3 Powis Avenue Open Space, Tipton A4 A4 A4 A4 A4 A4 A4

NC5 Park Lane East Open Space, Tipton A4 A4 A4 A4 A4 A4 A4

NC8 Black Horse Open Space, Wednesbury A4 A4 A4 A4 A4 A4 A4

NC9 Axletree Way, Wednesbury A4 A4 A4 A4 A4 A4 A4

NC10 River Tame Corridor, Wednesbury A4 A4 A4 A4 A4 A4 A4

NC11 Bird End, West Bromwich A4 A4 A4 A4 A4 A4 A4

NC12 Land of Wilderness Lane, Great Barr A4 A4 A4 A4 A4 A4 A4

NC13 Whitecrest Open Space, Space A4 A4 A4 A4 A4 A4 A4

NC16 Grace Mary Open Space, Tividale A4 A4 A4 A4 A4 A4 A4

NC17 Fairway Avenue, Tividale A4 A4 A4 A4 A4 A4 A4

NC18 Barn Close Open Space, Cradley Heath A4 A4 A4 A4 A4 A4 A4 Assessment Key Category A: No negative effect Options / policies that will not themselves lead to development e.g. because they relate to design or A1 other qualitative criteria for development, or they are not a land use planning policy. A2 Options / policies intended to protect the natural environment, including biodiversity. Options / policies intended to conserve or enhance the natural, built or historic environment, where A3 enhancement measures will not be likely to have any negative effect on a European Site. Options / policies that positively steer development away from European sites and associated sensitive A4 areas. Options / policies that would have no effect because development is implemented through later policies A5 in the same plan, which are more specific and therefore more appropriate to assess for their effects on European Sites. Category B: No significant effect Options / policies that could have an effect, but the likelihood is there would be no significant negative B effect on a European site either alone or in combination with other elements of the same plan, or other plans or projects. Category C: Likely significant effect alone The option, policy or proposal could directly affect a European site because it provides for, or steers, a C1 quantity or type of development onto a European site, or adjacent to it. The option / policy could indirectly affect a European site e.g. because it provides for, or steers, a C2 quantity or type of development that may be ecologically, hydrologically or physically connected to it or increase disturbance. Proposals for a magnitude of development that, no matter where it was located, the development would C3 be likely to have a significant effect on a European site.

HRA for Sandwell Site Allocations and Delivery Development Plan: Screening Report October 2011 UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND

An option / policy that makes provision for a quantity / type of development but the effects are uncertain C4 because its detailed location is to be selected following consideration of options in a later, more specific plan. Options / policies for developments or infrastructure projects that could block alternatives for the C5 provision of other development in the future, that may lead to adverse effects on European sites, which would otherwise be avoided. Options, policies or proposals which are to be implemented in due course - if implemented in one or C6 more particular ways, the proposal could possibly have a significant effect on a European site. Any other options, policies or proposals that would be vulnerable to failure under the Habitats C7 Regulations at project assessment stage; to include them in the plan would be regarded by the EC as ‘faulty planning’. Any other proposal that may have an adverse effect on a European site, which might try to pass the tests C8 of HRA at project level by arguing that the plan provides IROPI to justify its consent despite a negative assessment. Category D: Likely significant effects in combination The option, policy or proposal alone would not be likely to have significant effects but if its effects are D1 combined with the effects of other policies within the same plan the cumulative effects would be likely to be significant. Options, policies or proposals that alone would not be likely to have significant effects but if their effects D2 are combined with the effects of other plans or projects, the combined effects would be likely to be significant. Options or proposals that are, or could be, part of a programme or sequence of development delivered D3 over a period, where the implementation of the later stages could have a significant effect on European sites.

HRA for Sandwell Site Allocations and Delivery Development Plan: Screening Report October 2011 UE-0086_SMBC_SADDPD_HRA_Screening_Report_11_251011ND

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