Contents
1. INTRODUCTION 3
2. METHODOLOGY 6
3. OVERVIEW AND OUTCOMES OF 29 INTERIM SCREENING STAGES
4. POLICIES SCREENED INTO THE APPROPRIATE ASSESSMENT 39 STAGE
5. NATURA 2000 SITES 42
6. STAGE TWO - APPROPRIATE 90 ASSESSMENT
7. AVOIDANCE AND MITIGATION 112 MEASURES
8. MONITORING, NEXT STEPS AND 128 CONCLUSION
APPENDICES
A. CONSULTATION 132
B. COMPONENT SSSI'S AND 153 CONDITION STATUS
C. BRIDGING ASSESSMENT 157 DETERMINATION OF SITES
D. SCREENING OF MINERAL SITES 179
Habitat Regulations Assessment of the County Durham Plan Preferred Options Contents
E. SCREENING OPINION OF 244 POLICIES
F. NATURA 2000 SITES (WEST 398 DURHAM) AND PROW
G. EC ADVICE ON AA MITIGATION 402 MEASURES
H. POLICY CHANGES AS A RESULT 404 OF HRA PROCESS
I. ABBREVIATIONS 408
Habitat Regulations Assessment of the County Durham Plan Preferred Options Introduction 1
The County Durham Plan
1.1 Once adopted the County Durham Plan will be the spatial strategy for development in the County until 2030. It will allocate sites for various types of development, set criteria for determining planning applications, and establish how community and other corporate plans and strategies will be implemented through local spatial planning, including waste and minerals.
1.2 Working to the requirements of the 2004 Planning and Compulsory Purchase Act, the preparation of the Plan had focused on the development of a 'Core Strategy' including strategic policies to define the quantity and distribution of new development across the County and identify strategic development sites essential to the delivery of the Plan. This approach has been modified, taking the opportunity to develop a Local Plan (The County Durham Plan) as required by the Localism Act(1).
1.3 Whilst the County Durham Plan still provides a new framework for development, it now includes a comprehensive range of policies to determine planning applications as well as identifying strategic development sites essential to the delivery of the Plan and other non-strategic allocations. This revised approach will ensure that the Plan will be finalised at the earliest possible opportunity, and that deliverable development sites will be available across the County to deliver the Plan as soon as it is adopted. It also embraces the concept of Localism, should local communities wish to promote additional development sites through the development of Neighbourhood Plans, setting out policy guidelines to aid their preparation.
1.4 The County Durham Plan in its entirety will comprise the following documents:
Local Plan Preferred Options Minerals and Waste Policies and Allocations Document
1.5 Drafts of the following Supplementary Planning Documents (SPDs) have also been produced. These are not statutory planning documents but tools to supplement policies within the County Durham Plan:
Aykley Heads; Sniperley Park; North of Arnison; Sherburn Road; and Lambton Park Estate.
1.6 Further SPDs will also be produced for the other strategic housing sites identified in the Plan and for the following themes:
Historic Environment; Natural Environment; Built Environment; and Affordable Housing and Developer Contributions.
1.7 The Local Plan has been subject to a Habitats Regulations Assessment (HRA) at each stage of its development under the Habitats Directive, in accordance with the Conservation of Habitats and Species Regulations 2010.
1 The Localism Bill received Royal Assent in April 2011.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 3 1 Introduction
1.8 The Habitat Regulations Assessment of the Local Plan Preferred Options has been undertaken and prepared by Durham County Council's Ecology Team and Sustainable Strategy Team.
The Legislative Basis for Habitats Regulations Assessment
1.9 In October 2005, The European Court of Justice ruled that the UK had failed to correctly transpose the provisions of Article 6(3) and (4) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora - the Habitats Directive - into national law. Specifically, the UK had failed to ensure that land use plans were subject to Appropriate Assessment (AA) where they might have a significant effect on Natura 2000 sites.
1.10 Natura 2000 sites are of exceptional importance in respect of rare, endangered or vulnerable natural habitats and species within the European Community. Natura 2000 sites include Special Protection Areas (SPAs) designated under the EU 'Wild Birds' Directive, Special Areas of Conservation (SACs) designated under the EU 'Habitats Directive' and European Marine Sites (EMS).
1.11 The UK Government's National Planning Policy Framework requires that listed or proposed Ramsar sites should be given the same protection as European sites. (2) Ramsar sites are wetlands of international importance, designated under the Ramsar Convention 1979.
1.12 The Habitats Directive applies the precautionary principle to Natura 2000 sites. Plans and projects can only be permitted having ascertained that there will be no adverse effect on the integrity of site(s) in question. In the case of the Habitats Directive, potentially damaging plans and projects may still be permitted if there are no alternatives to them and there are Imperative Reasons of Overriding Public Interest (IROPI) as to why they should go ahead. In such cases, compensation measure will be necessary to ensure the overall integrity of Natura 2000 sites.
1.13 In order to ascertain whether or not site integrity will be affected, an Appropriate Assessment should be undertaken of the plan or project in question. Article 6(3) states:
" Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives."
1.14 Following the European Court ruling, the former Office of the Deputy Prime Minister indicated that the regulations implementing the Habitats Directive in the UK would be amended to ensure that Appropriate Assessment explicitly applies to land use plans. The Conservation (Natural Habitats &c) (Amendment) Regulations came into force in 2007. Subsequent amendments have been made to the regulations and these have been consolidated by the Conservation of Habitats and Species Regulations 2010. Regulation 61 and 62 states that:
" A competent authority, before deciding to ...give any consent for a plan or project which is likely to have a significant effect on a European site ...shall make an appropriate assessment of the implications for the site in view of that sites conservation objectives."
2 Communities and Local Government National Planning Policy Framework (March 2012)
4 Habitat Regulations Assessment of the County Durham Plan Preferred Options Introduction 1
1.15 An assessment of land use plans has since developed. The term Habitats Regulations Assessment has come into use for describing the overall assessment process including screening and the specific appropriate assessment stage.
Purpose of this Report
1.16 The purpose of this report is twofold. The first purpose is to provide an overview and update on previous HRA outcomes in relation to the development of the Local Plan Preferred Options. The report documenting these stages in full is entitled Interim Habitat Regulations Screening Report of the County Durham Plan 2011/12. (3)
1.17 The second purpose is to outline the HRA screening assessment of the draft Local Plan Preferred Options and outcomes of appropriate assessment. This report contains the following sections:
Section 1 - This section has set out the legislative basis for habitats regulations assessment; introduced the County Durham Plan and set out the overall purpose of this report. Section 2 sets out the methodology used to undertake the assessment. Section 3 provides an overview and update on the previous interim HRA screening stages including the minerals bridging assessment undertaken. Section 4 outlines preferred policies screened into or out of the assessment. Section 5 describes Natura 2000 sites and the potential impacts of the Local Plan. Section 6 introduces and outlines the findings from the appropriate assessment stage. Section 7 proposes avoidance and mitigation measures. Section 8 concludes the HRA of the Local Plan Preferred Options and identifies draft monitoring proposals and next steps.
1.18 This report is also supported by the following evidence papers: (4)
A Study of Over-wintering Waterbirds of the Durham Coast (5) Nitrogen Deposition Implications of the Local Plan (6) Recreational and Urbanisation Impacts of the Local Plan (7) Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA (8)
3 Available to view on the Council's website at http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po 4 available to view on the Council's website at:http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po 5 Cadwallender, T, M, 2012 A Study of Over-wintering Waterbirds of the Durham Coast - December 2011-March 2012 Cadwallender Consultancy 6 Prepared by Durham County Council's Ecology Team: February 2012 7 Prepared by Durham County Council's Ecology Team: June 2012 8 Middlemarch Environmental Ltd Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA August 2012
Habitat Regulations Assessment of the County Durham Plan Preferred Options 5 2 Methodology
2.1 The following section outlines the methodology used by Durham County Council for undertaking the Habitats Regulations Assessment of the County Durham Plan.
Guidance
2.2 In the absence of any official guidance to assist compliance with the requirements of the Habitats Directive the following publications were referred to, to help Durham County Council undertake Habitats Regulations Assessment of the Local Plan:
Oxford Brookes University for European Commissions Environment DG: Assessment of plans and projects significantly affecting Natura 2000 sites - Methodological guidance on the provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (2001) Levett-Therival et al: Appropriate Assessment of Plans (2006)
2.3 Further to reference to the above publications, ongoing discussion and consultation with Natural England has taken place in order to guide the Habitats Regulations Assessment of the Local Plan. Natural England were consulted on the Interim Habitats Regulations Screening Report in June 2011 and again in February 2012. Details of the consultation responses are within Appendix A.
2.4 Figure 1 below outlines the stages of HRA according to current guidance. The stages are essentially iterative and were revisited as necessary in response to the development of the Local Plan. Figure 1 Four Stage Approach to Habitats Regulations Assessment (Source: Communities and Local Government 2006)
6 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Stage One - Screening
2.5 Stage one of the Habitats Regulations Assessment (HRA) process is the screening of the relevant plan or project for likely significant effects. Screening is fundamentally a risk assessment to determine whether the subsequent more detailed stage of assessment, which is known as Appropriate Assessment, is required. The essential question is:
Is the Local Plan, either alone or in combination with other relevant projects and plans, likely to result in a significant effect upon Natura 2000 sites?
2.6 Screening is an iterative process and has taken place at each stage of development of the Local Plan. Screening of the Local Plan began in June 2010 to accompany the Core Strategy Issues and Options Paper, followed by screening to accompany the Core Strategy Policy Directions Paper in May 2011 and finally to accompany the Local Plan Preferred Options as presented in this report. Screening of the draft Preferred Options commenced in April 2012.
2.7 Screening essentially involved assessing the significance of effects of policies and allocations within the Local Plan in relation to the designated interest features and conservation objectives of relevant Natura 2000 sites. Any effect that would compromise the functioning and viability of a site and prevent it from sustaining those features in a favourable condition was judged to create a significant effect. Where no significant effects were identified, then no further steps needed to be taken. Where significant effects seem likely, a more detailed Appropriate Assessment of the Local Plan was necessary. If insufficient information was available to make a clear judgement, the precautionary principle was adopted.
2.8 On the rare occasions where significant adverse effects can not be mitigated, compensatory measures are required, but only where the Plan has proved that it is necessary for imperative reasons of overriding public interest (IROPI), including those of a social or economic reasons. The IROPI test is a difficult test which a plan or its relevant components are generally considered unlikely to pass.
2.9 The purpose of screening the Local Plan was to identify:
Those Natura 2000 sites that are not affected (meaning that no further assessment is required); Where there is a possible effect but where modification or removal of options, policies and or allocations within the Local Plan would avoid the effect; and Where an effect on Natura 2000 sites is probable and where Appropriate Assessment (Task 2) is therefore required.
2.10 The Screening stage required the collection and analysis of information relating to:
All Natura 2000 sites within County Durham and those shown to be linked to development within the authority's boundary through a known 'pathway'; Local Plan options, policies and allocations; and Information on other plans and projects which might contribute to in-combination effects.
2.11 The distinct steps followed when undertaking screening were as follows:
Habitat Regulations Assessment of the County Durham Plan Preferred Options 7 2 Methodology
1. Make a decision as to whether there is any possible mechanism by which the plan can affect any Natura 2000 site by altering its environmental conditions, focusing on those sites within the administrative boundary or which may be linked to development within the boundary by a pathway (scoping).
2. Explore the reasons for the designation of the Natura 2000 sites.
3. Explore the environmental conditions required to maintain the integrity of the selected sites and become familiar with the current trends in these environmental processes.
4. Gain a full understanding of the Local Plan and consider each spatial option, policy and allocation within the context of the environmental process - could the policy lead to an impact on any identified process?
5. Decide if the identified impact is likely to lead to a significant effect.
6. Identify other plans and projects that might affect these sites in combination with the Plan and decide whether there is likely to be a significant effect "in combination".
7. If likely significant effects have been identified, the HRA must progress to Task 2 (Appropriate Assessment), which will involve consideration of mitigation and avoidance measures.
2.12 This report presents the screening results of the Local Plan Preferred Options. The Interim Habitat Regulations Screening Report of the County Durham Plan presents the screening results of previous stages of development of the Local Plan. (9)
Impact Pathways
2.13 One of the first necessary steps for screening was to develop a long list of Natura 2000 sites potentially affected by the Local Plan and this required an understanding of the various ways in which land use plans can impact upon Natura 2000 sites. Current guidance suggests that the following Natura 2000 sites be included in the long list:
Sites within County Durham's boundary; and Sites potentially affected by development within County Durham through a known pathway.
2.14 Pathways are routes by which a change in activity within County Durham can lead to an effect upon a Natura 2000 site. Following consideration of the Local Plan and the development that it seeks to promote and direct, a number of broad potential impact types were identified that could affect Natura 2000 sites. These are discussed in detail below.
Air Quality
2.15 A change in the composition of air that disperses in the vicinity of a Natura 2000 site can change conditions, damage habitat, and harm species in designated areas. The main pollutants
of concern for Natura 2000 sites are oxides of nitrogen (NOx), sulphur dioxide (SO2) and ammonia
(NH3)
2.16 Nitrogen is the second most important plant nutrient behind carbon, and the productivity of terrestrial ecosystems is generally limited by nitrogen supply. However, such communities exist in balance because their growth rates are contained by the level of available Nitrogen. Hence, the
9 Available on the Council's website at: http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po
8 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
increase in nitrogen deposition will be expected to exert a large impact on ecosystem biodiversity. Nitrogen deposition may cause changes to species composition, often including a reduction in species richness and a loss of sensitive ‘lower plants’; changes to soil microbial processes; changes to plant and soil biochemistry; increased susceptibility to abiotic stresses (such as winter injury) and biotic stresses (such as pests and pathogens); and it also contributes towards acidification.
2.17 Sulphur dioxide emissions are overwhelmingly influenced by the output of power stations and industrial processes that require the combustion of coal and oil as well (particularly on a local scale) shipping. Ammonia emissions are dominated by agriculture, with some chemical processes also making notable contributions. Nitrogen emissions are much more widely dispersed than ammonia, with the latter often deposited in high quantities to semi-natural vegetation in intensive agricultural areas. Reduced N (NHx) is primarily emitted from intensive animal units and more recently vehicles with the introduction of catalytic converters.
2.18 Table 1 represents typical air pollutant sources and their contribution to air pollution. Many sources produce small amounts of each pollutant listed here, therefore, only the major contributions are indicated with an X.
Table 1 Atmospheric Pollutants and their Sources
Pollutant: Ammonia Sulphur Nitrogen Heavy VOC's Halogens POP's Particulates
(NH3) Dioxide Oxides Metals (HCL, HF)
Source (SO2) (NOx) Dusts
Power generation X X X X X
Cement works X X X
Ceramic/Brick production X X X
Waste Incinerators X X
Refineries X X X
Ferrous Metal Production X X X X X X
Fertiliser Production X X X
Transport X X X X X X X
Agriculture (livestock) X X
Minerals Working X
Source: Air Pollution Information System (APIS)
2.19 The Local Plan was identified as harbouring the potential to contribute to atmospheric pollution through; increased traffic linked to increased housing and employment, minerals working and waste management (i.e. dust generation, landfill gas or incinerator emissions) and renewable energy schemes such as biomass. No intensive animal units are being proposed as part of the County Durham Plan.
2.20 In relation to impacts of atmospheric pollution from traffic on Natura 2000 sites the Appropriate Assessment of the North East Regional Spatial Strategy states that 'English Nature’s (now Natural England’s) advice to Runnymede Borough Council on traffic-related air pollution, based on interim guidance from the Department for Transport (2005), was that NO2 emissions only needed to be considered if there is a road carrying a significant proportion of new traffic related
Habitat Regulations Assessment of the County Durham Plan Preferred Options 9 2 Methodology
to the plan within 200 metres of a European site.' Beyond 200m, the contribution of vehicle emissions from the roadside to local pollution levels is not significant. This is therefore the distance that will be used throughout the screening assessment for determining whether Natura 2000 sites are likely to be significantly affected by increased traffic to and within County Durham.
Water Quality
2.21 The quality of water that feeds Natura 2000 sites is an important determinant of the nature of their habitats and the species they support. Poor water quality can have a range of environmental impacts:
At high levels, toxic chemicals and metals can result in immediate death of aquatic life, and can have detrimental effects including increased vulnerability to disease and change in wildlife behaviour. Loss of aquatic life can also have a direct knock on effect on other qualifying species such as birds and otters. Eutrophication increases plant growth and consequently results in oxygen depletion. Algal blooms, which commonly result from eutrophication, increase turbidity and decrease light penetration. Some pesticides, industrial chemicals, and components of sewage effluent are suspected to interfere with the functioning of the endocrine system, possibly having negative effects on the reproduction and development of aquatic life.
2.22 In County Durham, one of the main risks to water quality is as a result of an increase in housing and employment sites putting pressure on sewage treatment works that are close to capacity. Further development may increase the risk of effluent escape into aquatic environments. Coupled with this risk, an increase in hard standing and increased pressure on sewer systems could increase run off and sewer flooding heightening water pollution risk. The County Durham Outline Water Cycle Study was used to help inform the screening process. Minerals and waste development supported by the Local Plan, including continued reliance on existing mineral sites was also identified as a potential threat to water quality. Minerals and waste development could lead to discharges and leachate of pollutants to surface and groundwater sources. Sites in close proximity to watercourses also have the potential to affect sedimentation levels.
Hydrology
2.23 Changes in hydrology can result in drought or flooding of Natura 2000 sites that can damage habitat and harm species in designated areas. Increased housing and employment proposed by the Local Plan is likely to increase abstraction which could increase risk of lowering water levels within watercourses or groundwater sources that are required for the effective functioning of qualifying species and habitats. As mentioned, in section 2.22 an increase in hard standing could also increase run off affecting flows. Some types of minerals working also require de-watering which can affect hydrological systems.
Habitat and Species Destruction or Fragmentation
2.24 Alongside changes to air quality, water quality and hydrology there are a number of other 'pathways' that could contribute to habitat and species destruction or fragmentation as a potential result of the Local Plan. These include:
Land take from Natura 2000 sites for development; Recreational pressure; and Urbanisation
10 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
2.25 The following sections discuss each of these factors in turn.
Land Take
2.26 Direct land take from Natura 2000 sites could potentially result as a consequence of the Local Plan if the working of active and inactive mineral sites within Natura 2000 sites is supported. Mineral sites in County Durham within Natura 2000 site designations were granted planning permission prior to designation and for the majority of these sites the permission is valid until 2042.
2.27 For scenarios such as these a review of existing decisions and consents is required under Regulations 63 and 64 of the Conservation of Habitats and Species Regulations 2010 to establish whether existing or potential future operation of these sites is impacting or is likely to impact on features of qualifying interest. A regulation 61 Review is also required prior to any consent for working being issued.
2.28 In order to review existing decisions and consents an appropriate assessment of the implications for the site in view of the sites conservation objectives must be made. For sites in Durham County Council this review will be undertaken at the same time as the Review of the permission under the Environment Act 1995.
2.29 However, as not all sites are due a Review prior to the anticipated adoption date of the Local Plan, it was agreed with Natural England in August 2011 that Durham County Council would undertake a bridging assessment. The bridging assessment was undertaken to ensure that sites selected and relied upon as part of Local Plan policy do not contravene the Habitats Directive. The bridging assessment established which sites are likely to pose a risk to Natura 2000 sites and therefore which sites are likely to require appropriate assessment alongside the Review. An overview of the outcomes of the bridging assessment is provided in Section 3 of this report.
Recreational Pressure
2.30 All types of Natura 2000 sites including woodlands can be affected by trampling, which in turn causes soil compaction and erosion. Another factor, whereby recreation can contribute to habitat destruction and/ or fragmentation is by increased nitrification of sites as a result of dog walking. Increased nitrification by dogs could also act in combination with increased dosage of nitrogen deposition through air pollution to impact upon sensitive sites. This impact can be particularly problematic for habitats which rely on relatively nutrient poor soil such as calcareous grassland.
2.31 The distances that people may travel to visit Natura 2000 sites was considered key to determining the potential impacts of the County Durham Plan. Initially, it was considered that identifying the distances that residents may travel to visit Natura 2000 sites would adequately support the screening stages of the Local Plan. Accordingly, a 1km buffer was defined based upon the County Durham Open Space, Sport and Recreation Needs Assessment (OSNA) (10) which states that 50% of people are willing to travel 20 minutes (approx 1km) to reach wildlife areas, nature reserves, country parks, golf courses and specialist sports facilities.
2.32 However, in March 2012, Natural England advised Durham County Council that the interim screening stages may not have considered in a sufficiently precautionary manner, recreational impacts to Natura 2000 sites within upper Teesdale / Weardale and to Durham's coast. Accordingly, research as presented in the supporting paper - Recreational and Urbanisation Impacts was
10 Durham County Council County Durham Open Space, Sport and Recreation Needs Assessment (2010)
Habitat Regulations Assessment of the County Durham Plan Preferred Options 11 2 Methodology
undertaken to better define the recreational catchment of these areas. Whilst no specific detailed visitor surveys were undertaken it was considered that the following studies (in addition to the OSNA) provided enough baseline information to define the catchment areas:
A Study into Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site;(11) Durham Heritage Coast Sustainable Tourism Strategy; (12) Site Report North Pennines Area of Outstanding Natural Beauty; (13) Durham Visitor Survey;(14) Accessing the Countryside: Barriers and Best Practice; and (15) Visits to the Natural Environment. (16)
Urbanisation
2.33 The impact of urbanisation is closely related to recreational pressure, in that they both result from increased populations within close proximity to sensitive sites. Urbanisation is considered separately as the impact is distinct from the trampling, disturbance and dog-fouling that results specifically from recreational activity. The main impacts of urbanisation are as follows:
Invasive species - Invasive alien species can be spread either deliberately, through the inappropriate disposal of garden waste or may be bird-sown from local gardens. Plant pathogens may also be spread as a result of working of non-inert landfill sites. Increased predation - A large proportion of domestic cats are found in urban situations, and increasing urbanisation is likely to lead to increased cat predation. Increased populations within County Durham may also increase urban populations of rats and other predatory species such as foxes.
2.34 Urbanisation effects are likely to derive from housing development in the main. Concerns were raised with Natural England about the ability to screen in or out urbanisation effects, given the unquantified distance that invasive species could travel and the unquantified impacts of predatory species on Natura 2000 sites. It was agreed with Natural England in August 2011 that a pragmatic approach to this issue was necessary. However, where Natura 2000 sites were cited as vulnerable to invasive and/or predatory species the issue was considered and screened as far as is possible.
Habitat and Species Disturbance
2.35 The Local Plan has the potential to increase disturbance levels to qualifying species by increasing noise (construction, minerals working etc) and levels of direct disturbance as a result of increased recreational pressure. Disturbance to habitats and species inhabiting Natura 2000 sites can affect the health of populations and is likely to require careful consideration in relation to impact upon qualifying upland and coastal bird species and specific effect upon breeding, roosting and feeding areas.
11 Simpson, K A Study into Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site (2011) 12 PLB Consulting Ltd Durham Heritage Coast Sustainable Tourism Strategy (2004) 13 Natural England Site Report North Pennines Area of Outstanding Natural Beauty (2009) 14 ONE North East Durham Visitor Survey (2010) 15 Matthews, J Accessing the Countryside: Barriers and Best Practice (undated) 16 Natural England Visits to the Natural Environment (2011)
12 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Climate Change
2.36 Climate change is one of many threats to biodiversity and by reducing other sources of harm, natural systems will be better able to maintain their biodiversity in response to climate change. The Local Plan will need to ensure that it does not restrict the movement and migration of species and habitat in terms of their ability to adapt to climate change. One specific area of concern in relation to enabling habitat/species migration that was considered as part of the screening assessment was the impact of the Local Plan on coastal squeeze.
2.37 Coastal squeeze is what happens to coastal habitats that are trapped between a fixed landward boundary such as a sea wall or a coastal housing development and rising sea levels and/or increased storminess. The habitat is effectively 'squeezed' between the two forces and diminishes in quantity and/or quality. Coastal habitats will naturally adapt to a changing climate by migrating inland but this natural process can be hampered by development. In Durham the East Coast is already effectively 'squeezed' by the location of the Durham Coast Railway Line. However, the Local Plan was screened for it's contribution to coastal squeeze. In combination effects resulting from other plans and projects were also considered.
Determination of Sites
2.38 In order to fully inform the screening assessment, it was necessary to compile a comprehensive list of the sites that could potentially be affected by the Local Plan. This section provides information on the Natura 2000 sites that were considered as part of the screening process.
2.39 County Durham contains within its borders a number of sites (or parts of sites) which are designated for their European importance for biodiversity. In simple terms, they are of European importance because they incorporate habitats and/or species of high significance due to their rarity, or because they are instrumental in sustaining a significant proportion of the European resource of a particular priority habitat or species. The following European designated sites occur within County Durham and were subject to the screening assessment:
Natura 2000 Sites in County Durham
Durham Coast SAC Castle Eden Dene SAC Thrislington SAC Moorhouse and Upper Teesdale SAC North Pennine Dales Meadows SAC North Pennine Moors SAC North Pennine Moors SPA Northumbria Coast SPA, Ramsar and European Marine Site Teesmouth and Cleveland Coast SPA, Ramsar and European Marine Site
N.B. Northumbria Coast SPA and Teesmouth and Cleveland Coast SPA are also designated as European Marine Sites which have their own conservation objectives.
2.40 In addition to Natura 2000 Sites within County Durham, sites outside of the County boundary that may be affected by the implementation of the Local Plan were also considered. In determining which sites outwith the County boundary to include in the screening assessment the following advice and criteria from Natural England was considered:
Habitat Regulations Assessment of the County Durham Plan Preferred Options 13 2 Methodology
All sites downstream of the plan area in the case of river or estuary sites; All peatland and other wetland sites with significant hydrological links to land within the plan area, irrespective of distance from the plan area; All sites which have significant ecological links with land in the plan area, for example, land used by bats or migratory birds, which also use a Special Area of Conservation (SAC) or Special Protection Area (SPA) respectively, at different times of the year; All sites within 5km of the plan area boundaries that may be affected by local recreational or other visitor pressure from within the plan area; All sites within about 20km of the plan area that comprise major (regional or national) visitor attractions such as promoted National Nature Reserves, coastal sites and sites in major tourist or visitor destinations such as AONB's and National Parks; All sites that are used for, or could be affected by, water abstraction irrespective of distance from the plan area; All sites used for, or could be affected by discharge of effluent from waste water treatment works or other waste management streams serving land in the plan area, irrespective of distance from the plan area; and If there is any doubt as to whether a European site may be affected, a precautionary approach should be adopted and the information for the site should be obtained
2.41 Given the criteria above and the potential pathways of impact identified in section 2.3, the following sites outside of the County boundary were also considered for inclusion in the screening assessment:
Natura 2000 Sites occurring outside the County Boundary to be considered for inclusion in the Screening Assessment
Tyne and Allen River Gravels SAC (Northumbria) Oxclose SAC (North Yorkshire) Helbeck and Swindale Woods SAC (Cumbria) Asby Complex SAC (Cumbria) Tyne and Nent SAC (Cumbria) River Eden SAC (Cumbria)
2.42 The location of all the above sites are shown below in Figures 2 and 3. Figure 2 lists the sites as SPA's but please note Teesmouth and Cleveland Coast SPA and Northumbria Coast SPA are also Ramsar and European Marine Sites.
14 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Figure 2 SPA's within 20km of County Durham
Habitat Regulations Assessment of the County Durham Plan Preferred Options 15 2 Methodology
Figure 3 SAC's within 20km of County Durham
2.43 In order to establish whether the Natura 2000 sites in neighbouring authorities needed to be screened against the policies and allocations of the Local Plan an initial screening exercise was undertaken to identify whether development within County Durham is likely to impact upon these sites via the pathways identified. The screening results for each site can be found in Sections 3.2 and Appendix B of the Interim Habitat Regulations Screening Report of the County Durham Plan 2011/12. (17)
2.44 As a result of the initial screening exercise undertaken it was concluded that the County Durham Plan will not adversely effect the integrity of Natura 2000 sites in neighbouring authorities.
2.45 Consideration of 'In combination' impacts with other plans and projects was not required in reaching this screening determination as on page 24 of Appropriate Assessment of Plans (2006) by Levett-Therivel Sustainability Consultants et al. it is advised that:
'If the plan plus existing trends alone are unlikely to significantly affect a site, then the effects of other plans and projects do not need to be considered.'
2.46 The following Natura 2000 sites however, were included in the screening assessment for adverse impact against the emerging County Durham Plan:
Durham Coast SAC Castle Eden Dene SAC
17 Available on the Council's website at: http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po
16 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Thrislington SAC Moorhouse and Upper Teesdale SAC North Pennine Dales Meadows SAC North Pennine Moors SAC North Pennine Moors SPA Northumbria Coast SPA, Ramsar and EMS Teesmouth and Cleveland Coast SPA, Ramsar and EMS
2.47 The above sites were considered more likely to be directly affected via pathways of impact associated with the Local Plan. As such 'in combination' effects were taken into account.
2.48 A description of each of the sites selected for screening and the results of the screening assessment of the Local Plan Preferred Options is outlined in Section 4 of this report.
Functional Land
2.49 In addition to the Natura 2000 sites to be subject to the screening assessment it was also considered important to consider impacts on functional land. Functional land is essentially land that forms an essential part of a species lifecycle, i.e. land used for roosting, foraging or shelter but not necessarily designated or protected.
2.50 In 2009 a mapping exercise was undertaken to map areas of particular importance for sensitive bird species within Stockton and five former County Durham districts; namely Wear Valley, Teesdale, Easington and Sedgefield.(18)The aim of the mapping exercise was to produce a concise database to help identify impacts of development on sensitive bird species. The international, national and County colour coded areas within the figures 4 and 5 showing valued land areas and flightpaths for sensitive birds are essentially areas of functional land that were considered throughout the screening assessment in relation to potential impact on North Pennine Moors SPA, Northumbria Coast SPA and Teesmouth and Cleveland Coast SPA.
18 E3 Ecology Ltd: Mapping Sensitive areas for birds within Stockton and Five Districts of County Durham (2009)
Habitat Regulations Assessment of the County Durham Plan Preferred Options 17 2 Methodology
Figure 4 Sensitive Bird Areas - County Durham and Stockton - Bird Value
18 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Figure 5 Sensitive Bird Areas - County Durham and Stockton - Flightpath
2.51 In addition to the Mapping Sensitive Areas for Birds report, Durham County Council commissioned an investigation into over-wintering waterbird activity along the Durham coast. (19)(20)The investigation was carried out during the winter of 2011/12 and identified areas or locations which are used by waterbirds for either / or low and high tide feeding and high tide roosting as well as important offshore feeding and roosting areas.
2.52 The results of the study were used to inform the screening assessment work undertaken from April 2012 onwards and provided evidence to support the subsequent appropriate assessment stages.
2.53 It was not considered possible to undertake a similar study relating to the North Pennine Moors SPA due to the large area of this site.
Trends and other Plans and Projects
2.54 Even where the Local Plan on its own may not have a significant impact on a Natura 2000 site, there is the potential for it to have a significant 'in combination' impact with other trends, plans and projects. 'In combination' is taken to refer to the sum of influences acting on sites from all plans and projects in the context of prevailing environmental conditions. The assessment process therefore took account of reasonably foreseeable impacts arising from both plans and projects and background environmental changes or trends (e.g. sea-level rise as a result of climate change).
19 Cadwallender, T, M, 2012 A Study of Over-wintering Waterbirds of the Durham Coast - December 2011-March 2012 Cadwallender Consultancy 20 Available on the Council's website at: http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po
Habitat Regulations Assessment of the County Durham Plan Preferred Options 19 2 Methodology
Underlying Environmental Trends
2.55 The below box summarises the key environmental trends identified in the Sustainability Appraisal Scoping Report for County Durham. (21)
Transport:
Car use within the County is growing with 72% of people in the County using a car to get to work compared to a national average of 62%. The network of cycling and walking routes in the County is a significant resource for recreation and local utility journeys. Cycling trips at the 5 monitoring sites in the County showed a 5% increase in trips between 2003/04 and 2005/06. 8 more monitoring sites were added in 2006 and these have recorded a 6.5% increase in the number of trips between 2006/07 and 2007/08
Air:
Air quality across the County is generally good, with a few hotspots linked to traffic congestion around Durham City where air pollution standard levels are breached at peak times.
Land/Landscape:
Significant areas of potentially contaminated land remain in the County
Agricultural land quality is lower in County Durham than in the North East region and England as a whole. However this overall statement masks significant differences within the county. The upland areas of the Pennines generally have very poor agricultural land quality, but the Tees and Wear Lowlands have substantial areas of very good quality, and much of the eastern part of the county has good land quality.
The majority of the western area of the county is nationally designated as part of the North Pennines Area of Outstanding Natural Beauty and the eastern coastland has been defined nationally as a Heritage Coast. Management plans for these areas exist.
Water:
Durham is a net exporter of water and is classified as ‘low water stressed’. Durham’s residents use roughly as much water per person as the national average, but this is still 15% above target levels.
Water quality of rivers, streams ponds and lakes vary but most will not meet the demanding Water Framework Directive targets by 2015. Mine water pollution from disused shafts and leaching of contaminants from mine spoil and old landfill and industrial sites have historically been a problem. Along with the overflowing of sewerage systems, they remain a threat to the quality of surface, ground and sea waters
Meteorology:
21 EDAW: County Durham - Sustainability Appraisal Scoping Report (May 2009)
20 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Temperature - The average temperature across the County is 15oc in July/August (2oc below the UK average), and between 3oc and 40c in January/February (around the UK average). Generally temperatures are highest near the coast and fall inland, due to the influence of the sea and increasing altitude.
Rainfall - County Durham is one of the driest counties in England as it is sheltered by some of the highest peaks in the Cumbrian Fells and North Pennines. A major influence on rainfall is altitude, with the west of the County being much wetter than the east. Rainfall in the west of the County averages over 1200 mm per annum compared to less than 700 mm per annum in the central part of the County.
Around 60% of the winds affecting the County come from the south west and carry warm air. Less frequent north-easterly air streams are associated with much colder air and generally occur in the winter. As can be expected wind speeds are higher in the high Pennines and on the coast. In the summer, sea breezes can penetrate inland via the river valleys. Winter can be prolonged by the influence of continental high pressure systems which bring northerly winds.
Climate Change:
Annual rainfall is projected to reduce throughout County Durham by around 4% - 5%. Weardale and the upland areas of the catchment receive the highest amounts of rainfall within the sub-region, with the lowland areas receiving slightly more than the coast. Future rainfall will become increasingly seasonal with an increase in winter rainfall of around 8% and a reduction in summer rainfall of around 29% in the uplands.
Extreme rainfall events could increase by up to around 20% in some areas
Average seasonal temperatures will increase, with a region-wide annual average daily temperature change of around 1.8°C. The smallest seasonal increase will occur during winter (around 1.3°C), followed by spring (around 1.6°C), with summer an autumn showing increases of around 2.0°C. Summer increases will peak at around 2.2°C in inland locations. There will be fewer frost days.
The annual average daily maximum temperature will increase by around 1.9°C across County Durham. The summer shows the greatest increase in average daily maximum temperature of up to around 2.5°C. The average daily minimum temperature shows an annual increase of up to around 1.7°C, with the greatest increases (up to around 2.1°C) occurring during autumn.
Extreme hot temperatures will increase by around 3oC. Summer daily average temperatures reaching close to 25°C will become more normal in many parts of the region. Heatwaves – defined as events at or above 28oC - are likely to occur more frequently.
There is projected to be a major reduction in winter snowfall, of around 45% to 83% across the region
Mean sea levels will increase by about 0.3 metres uniformly across the region’s coastline. Sea surge levels will increase by about 0.30 to 0.35 metres.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 21 2 Methodology
The County has significant sinks of carbon dioxide locked into peat in the blanket bogs of the North Pennines. The drainage and drying out of these blanket bogs results in significant volumes of greenhouse gases being released to the atmosphere, with potential to cancel out emissions reductions through energy efficiency measures.
Some areas of County Durham are constrained by flood risk, notably Durham City, central Durham, central and eastern Chester-le-Street, the Durham coast, south-east of Newton Aycliffe, parts of Bishop Auckland, south-east Willington, and parts of Teesdale. Flooding events and severity of flooding is likely to increase.
Minerals:
The County contains nationally and regionally important minerals resources including magnesian limestone, carboniferous limestone, dolerite, sand and gravel, coal, brick making raw materials, natural building and roofing stone and vein minerals. Without the continued extraction of a range of minerals it would be very difficult for the construction and building industry to deliver the new housing and employment developments
Waste:
Household waste generation per household in County Durham is 5% higher than the national average. Significantly less waste in the county is recycled, composted or used for energy production than the national average, and significantly more is landfilled. This conflicts with the ‘waste hierarchy’.
Energy:
Most of County Durham’s renewable energy is in the form of wind power. The 2010 target set for the county in the Regional Renewable Energy Strategy was met in 2009.
Biodiversity:
Only 17% of SSSIs in the county are in favourable condition, compared with more than 50% nationally. County Durham will not meet national SSSI targets. The County Durham Plan should aim to control and manage tourism impacts in the moorlands (disturbance, erosion etc.). A particular issue in the Pennines is that of trackways established for grouse shooting or wind farms. Historically, poorly planned built development along with agriculture, quarrying and opencast has contributed to the loss of important habitat and populations of key species – including protected species. Climate change will bring new or increase existing threats to some habitats and species, and the most valuable habitats in the North Pennines and on the coast are particularly vulnerable.
2.56 In terms of trends specific to the Natura 2000 sites included in the screening assessment, site vulnerabilities are detailed in Section 5. Further to this the component SSSI's condition status (2012) relevant to each Natura 2000 site is detailed in Appendix B and summarised in Section 5. However, a cautionary view has been taken in relation to the condition assessment as the features of importance for Natura 2000 sites may not be the sole features of interest of the component SSSI. Therefore, this information was regarded as indicative only.
22 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
2.57 Specific information was also attained in relation to air pollutants affecting Natura 2000 sites. Despite air quality generally being good in County Durham, with the exception of part of Durham City where it has been necessary to declare an Air Quality Management Area, air pollution is cited as a vulnerability of the majority of the Natura 2000 sites that were considered.
2.58 In the UK, the Air Pollution Information System (APIS) provides the comprehensive source of information on pollution and its impact on habitats and species. APIS has been developed by JNCC (Joint Nature Conservation Committee), the country conservation agencies, the UK environment agencies and the Centre for Ecology and Hydrology. It provides site specific information on deposition and critical loads. Information was gained on air pollutants affecting Natura 2000 site from APIS in 2011 and again in 2012 and is presented in section 5 of this report and summarised below.
Air Pollution
2.59 Information gained from APIS identified that in County Durham all Natura 2000 sites vulnerable to changes to air pollution in County Durham currently exceed the critical load for Nitrogen deposition, with acid deposition also a problem at Castle Eden Dene SAC, Moor House-Upper Teesdale SAC, and the North Pennine Moors SAC and SPA.
2.60 Nitrogen deposition is likely to increase as a result of increased traffic linked to minerals and waste working, new housing, office, industrial and retail development. Within a ‘typical’ housing development, by far the largest contribution to NOx (92%) will be made by the associated road traffic. Other sources, although relevant, are of minor importance (8%) in comparison. In particular an increase in vehicle emissions as a result of traffic growth on the A19 due to development in the east of the County was considered likely.
2.61 The EU has been tightening emission standards on new vehicles through various phased Euro standards. However, the “lab based” theoretical improvements have not translated into the real world situation in the UK. Higher vehicles number on the UK roads and the level of congestion means that the cars are performing worse in terms of national emissions than had been calculated(22).
2.62 APIS data was taken into account throughout the screening assessment. The implications of the information was that it was considered unlikely that development which has the potential to increase traffic volumes within 200 metres (23) of Natura 2000 sites could be screened out. Any increase in vehicle emissions, however small to sites where critical thresholds in certain air pollutants have been exceeded were considered as having a significant impact on site integrity.
2.63 In addition to the contribution to local air quality issues, development can also contribute cumulatively to an overall deterioration in background air quality across an entire region. However, in July 2006, when this issue was raised by Runnymede Borough Council in the South East, Natural England advised that their local development plan can only be concerned with locally emitted and short range locally acting pollutants, as this is the only scale which falls within a local authority's remit. In the light of this, it is considered reasonable to conclude that it is the responsibility of higher-tier plans to set a policy framework for addressing the cumulative diffuse plan-authority air quality impacts, partly because such impacts stem from the overall quantum of development within a region. Taking this into consideration, diffuse air quality issues will not therefore be considered further within this report.
22 Bareham: Changes to reducing the threat of nitrogen deposition to the Natura 2000 network across the UK and Europe (2011) 23 200 metres is Natural England's accepted distance below which air pollution from vehicle emissions is likely to be an issue
Habitat Regulations Assessment of the County Durham Plan Preferred Options 23 2 Methodology
Other Plans and Projects
2.64 The list below details other plans and projects that have been reviewed for potential 'in combination' effects on Natura 2000 sites alongside the emerging Local Plan. This list was reviewed as new plans and projects emerged over the development of the Local Plan. The Interim Habitat Regulations Screening Report (at Appendix C) provides further detail on each of the plans/projects reviewed. Table 2 identifies those that are likely to contribute to in combination impacts and which Natura 2000 site these impacts relate to. A plan/project may have only a small additional impact, but this could be the 'straw that breaks the camel's back' in terms of impacting upon the integrity of a Natura 2000 site.
Eden District Council Core Strategy Development Plan Document Eden Housing Development Plan Document Eden Primary Development Management Policies Development Plan Document Cumbria Wind Energy Supplementary Planning Document Cumbria Minerals and Waste Development Framework Core Strategy Cumbria Minerals and Waste Development Framework Generic Development Control Policies Cumbria Site Allocations Policies and Proposals Map Moving Cumbria Forward, Cumbria Transport Plan 2011-2026 Yorkshire Dales National Park Authority Saved Local Plan Policies Yorkshire Dales National Park Authority Minerals and Waste Local Plan Saved Policies Yorkshire Dales National Park Authority Housing Development Plan Yorkshire Dales National Park Authority Core Strategy Richmondshire District Council Local Development Framework Core Strategy Richmondshire District Council Area Action Plan for Colburn, Scotton and Hipswell, including Catterick Garrison Richmondshire District Council Facilitating Development Document North Yorkshire County Council Minerals Strategy North Yorkshire County Council Waste Core Strategy North Yorkshire County Council Minerals and Waste Site Allocations and Development Plan Policies North Yorkshire County Council Local Transport Plan Three 2011-2016 Darlington Borough Council Core Strategy Development Plan Document Darlington Borough Council Making Places Development Plan Document Darlington Borough Council Eastern Town Centre Fringe Area Action Plan Development Plan Document Darlington Borough Council Third Local Transport Plan Stockton on Tees Borough Council Core Strategy Stockton Borough Council Environment Development Plan Document Stockton on Tees Borough Council Regeneration Development Plan Document Hartlepool Borough Council Core Strategy Submission Draft 2012 Hartlepool Borough Council Local Transport Plan 3 Middlesbrough Borough Council Core Strategy 2008-2023 Middlesbrough Borough Council Regeneration Development Plan Document Middlesbrough Borough Council Environment Development Plan Document Middlesbrough Borough Council Local Transport Plan Three 2011-2016 Redcar and Cleveland Borough Council Core Strategy 2007-2011 Tees Valley Joint Minerals and Waste Development Plan Documents Core Strategy 2011-2026 Tees Valley Joint Minerals and Waste Development Plan Documents Policies and Sites Development Plan Document 2011-2026
24 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Sunderland City Council Core Strategy Preferred Options 2007 Sunderland City Council Allocations Development Plan Document Sunderland City Council Marine Walk Masterplan Sunderland City Council Seaburn Masterplan South Tyneside Core Strategy 2006 North Tyneside Core Strategy North Tyneside Council Coastal Area Action Plan NewcastleGateshead: One Core Strategy 2030 NewcastleGateshead: Urban Core Area Action Plan Tyne and Wear Local Transport Plan Three 2011-2021 and associated Delivery Plan 2011-2014 Northumberland Core Strategy Shoreline Management Plan 2 North East Coast - River Tyne to Flamborough Head Durham Heritage Coast Management Plan Durham County Council Local Transport Plan 3 Paths for People, Rights of Way Improvement Plan for County Durham 2011-2014 River Basin Management Plan - Northumbria River Basin District 2009 Wear Catchment Flood Management Plan 2009 Tees Catchment Flood Management Plan 2009 North Pennines AONB Management Plan 2009-2014 Durham County Council Regeneration Statement 2010 County Durham Economic Strategy 2008-2013 North Eastern Low Carbon Enterprise Zone Proposal County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Barnard Castle 2009 Tourism Destination Plan for Stanhope 2009 Tourism Destination Plan for Seaham 2009 North East England Regional Renewable Energy Strategy 2005 Housing Strategy for County Durham 2010-2015 County Durham Infrastructure Delivery Plan English Coastal Path Project - Durham Stretch
2.65 Of the plans/projects listed in Table 2, those that are considered to have the potential to act 'in combination' with the Local Plan in terms of impacts on Natura 2000 sites are presented below:
Habitat Regulations Assessment of the County Durham Plan Preferred Options 25 2 Methodology
Table 2 Other Plans/Projects contributing to 'In Combination' Effects
Natura 2000 Site Potential 'In Combination' Impact Contributing Plan/Project
Castle Eden Dene SAC Increase in traffic on the A19 passing Stockton on Tees Borough Council Core the site leading to a deterioration in air Strategy quality affecting qualifying species Hartlepool Borough Council Core Strategy Submission Draft 2012 Middlesbrough Borough Council Core Strategy 2008-2023 Middlesbrough Borough Council Regeneration Development Plan Document Sunderland City Council Core Strategy Preferred Options 2007 Sunderland City Council Allocations DPD South Tyneside Core Strategy 2006 Newcastle Gateshead: One Core Strategy 2030 Tyne and Wear Local Transport Plan 3 2011-2021 and associated Delivery Plan 2011-2014
County Durham Economic Strategy 2008-2013
County Durham Area Tourism Management Plan 2010
Tourism Destination Plan for Seaham 2009
Teesmouth and Increased disturbance as a result of Stockton on Tees Borough Council Core Cleveland Coast increased populations/leisure, tourism Strategy SPA/Ramsar and recreation development Hartlepool Borough Council Core Strategy Submission Draft 2012 Redcar and Cleveland Borough Council Core Strategy 2007-2021 English Coastal Path Project
Teesmouth and Increased disturbance as a result of Tees Valley Joint Minerals and Waste Cleveland Coast minerals and waste development Development Plan Documents Core SPA/Ramsar Strategy 2011-2026 Tees Valley Joint Minerals and Waste Development Plan Documents Policies and Sites DPD 2011-2026
Teesmouth and Impacts on water quality and hydrology Stockton on Tees Borough Council Core Cleveland Coast Strategy SPA/Ramsar Middlesbrough Borough Council Core Strategy 2008-2023 Middlesbrough Borough Council Regeneration Development Plan Document Redcar and Cleveland Borough Council Core Strategy 2007-2021
North Pennine Moors Increased disturbance as a result of North Yorkshire County Council Minerals SPA minerals and waste development and and Waste Site Allocations and recreational impacts Development Plan Policies County Durham Economic Strategy 2008-2013 County Durham Area Tourism Management Plan 2010
26 Habitat Regulations Assessment of the County Durham Plan Preferred Options Methodology 2
Natura 2000 Site Potential 'In Combination' Impact Contributing Plan/Project
Tourism Destination Plan for Stanhope 2009 County Durham Infrastructure Delivery Plan
North Pennine Moors Potential Increased trampling of habitat County Durham Area Tourism SAC Management Plan 2010 Tourism Destination Plan for Stanhope 2009 County Durham Infrastructure Delivery Plan
Moor House Upper Potential Increased trampling of habitat County Durham Area Tourism Teesdale SAC Management Plan 2010 Tourism Destination Plan for Stanhope 2009 County Durham Infrastructure Delivery Plan
Northumbria Coast Increased disturbance as a result of Sunderland City Council Core Strategy SPA/Ramsar increased populations/leisure, tourism Preferred Options 2007 and recreation development Sunderland City Council Allocations DPD South Tyneside Core Strategy 2006 North Tyneside Core Strategy North Tyneside Council Coastal Area Action Plan Durham Heritage Coast Management Plan 2005-2010 Durham County Council Local Transport Plan 3 2011 Paths for People, Rights of Way Improvement Plan for County Durham 2011-2014 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Seaham 2009 County Durham Infrastructure Delivery Plan English Coastal Path Project
Durham Coast SAC Potential increased trampling of habitat Durham County Council Local Transport Plan 3 2011 Paths for People, Rights of Way Improvement Plan for County Durham 2011-2014 County Durham Area Tourism Management Plan 2010 County Durham Infrastructure Delivery Plan English Coastal Path Project
Durham Coast SAC Impacts on water quality and hydrology Durham County Council Local Transport Plan 3 2011 Hartlepool Borough Council Core Strategy Submission Draft 2012
Habitat Regulations Assessment of the County Durham Plan Preferred Options 27 2 Methodology
Natura 2000 Site Potential 'In Combination' Impact Contributing Plan/Project
Functional land for North Impact on flightpaths or alternative North East England Regional Renewable Pennine Moors SPA breeding, nesting and feeding sites of Energy Strategy 2005 (North East species qualifying species Assemby, TNEI) County Durham Infrastructure Delivery Plan
28 Habitat Regulations Assessment of the County Durham Plan Preferred Options Overview and Outcomes of Interim Screening Stages 3
3.1 The Interim Habitat Regulations Screening Report concluded that likely significant impacts to Natura 2000 sites as a result of the emerging Local Plan in combination with other plans and projects could not be screened out. Natural England confirmed that they agreed with this conclusion in March 2012. The potential impacts of the emerging Local Plan were identified and are summarised in Table 3.
Table 3 Potential Impacts that Cannot be Screened Out
Natura 2000 Site Potential Impact
Durham Coast SAC Increased traffic on the B1283, A1086 and A182 as a result of increased housing, retail and employment growth in the East of the County. Increased recreational impacts (trampling of habitat etc); possibility of increase in invasive species (Hottentot Fig for example); changes to water quality and hydrology as a result of increased surface water run off.
Northumbria Coast SPA, Ramsar and Increase in predatory species; increase in species disturbance as a result of EMS increased recreation levels; dependent on location some developments may reduce habitat in terms of feeding, breeding and roosting sites and may restrict species movement and migration. Range of potential impacts relating to renewable energy schemes.
Teesmouth and Cleveland Coast SPA, Increase in predatory species; increase in species disturbance as a result of Ramsar and EMS increased recreation levels; dependent on location some developments may reduce habitat in terms of feeding, breeding and roosting sites and may restrict species movement and migration. Range of potential impacts relating to renewable energy schemes.
Castle Eden Dene SAC Increased traffic on the A19 as a result of housing and employment growth. (Castle Eden Dene is currently exceeding critical thresholds in respect of nitrogen deposition); potential water quality impacts from increased run off from development; increased recreational impacts and threat of invasive species.
Thrislington SAC Increased traffic on local roads within 200 metres of SAC (site is currently exceeding critical thresholds in respect of nitrogen deposition); increased recreational impacts (nitrification of site and habitat trampling); Potential hydrological impacts of development on the magnesian limestone aquifer
Moor House Upper Teesdale SAC Increased traffic on local roads within 200 metres of SAC (site is currently exceeding critical thresholds in respect of nitrogen deposition); Potential increased water abstraction from boreholes affecting hydrology; potential for increased recreational impacts (trampling of habitat, erosion of soils).
North Pennine Dales Meadows SAC Increased traffic on local roads within 200 metres of SAC (site is currently exceeding critical thresholds in respect of nitrogen deposition); Potential increased water abstraction from boreholes affecting hydrology; potential for increased recreational impacts (trampling of habitat, erosion of soils).
North Pennine Moors SAC and SPA Increased traffic on local roads within 200 metres of SAC (site is currently exceeding critical thresholds in respect of nitrogen deposition); Potential increased water abstraction from boreholes affecting hydrology; potential for increased recreational impacts affecting both habitat and qualifying bird species. Potential for disturbance to qualifying bird species from renewable energy schemes.
3.2 Following this conclusion it was considered that stage 2 of the Habitat Regulations Assessment (Appropriate Assessment) would be required in relation to proposals within the County Durham Local Plan. At the time, Appropriate Assessment was deemed necessary to address the likely increase in recreational pressure and predatory species as a result of new development (particularly housing) as well as the likely increase in nitrogen deposition as a result of increased road traffic.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 29 3 Overview and Outcomes of Interim Screening Stages
3.3 The next phase of the process was therefore to commence work on addressing issues which were considered likely to require appropriate assessment. Further screening work of all the draft Preferred Options, which included strategic policies and allocations, was also carried out as they developed.
3.4 Alongside this work it was also essential that the Minerals Bridging Assessment was concluded in order to inform the screening and Appropriate Assessment of the Local Plan. Work to compile the minerals bridging assessment began in September 2011 following advice received from Natural England. However, due to the number of mineral sites within County Durham and other work commitments, the assessment was not complete in time for the February 2012 consultation on the Interim Habitat Regulations Screening Report. The purpose and outcomes of the Bridging Assessment are therefore detailed in full below.
Minerals Bridging Assessment
3.5 Some active and inactive /dormant mineral sites in County Durham were granted planning permission prior to the designation of Natura 2000 sites. As a result a review of existing decisions and consents is required under Regulations 63 and 64 of the Conservation of Habitats and Species Regulations 2010 to establish whether current or potential future operation of these sites are likely to impact on features of qualifying interest of Natura 2000 Sites. A regulation 61 Review is also required prior to any consent for working being issued.
3.6 In order to review existing consents an appropriate assessment of the implications for the site in view of the sites conservation objectives must be made. For sites in County Durham this review will be undertaken at the same time as the Review of planning permission under the provisions of the Environment Act 1995, (the Review) or earlier if a new planning application is submitted to the authority.
3.7 As not all sites are due a Review prior to the anticipated adoption date of the Local Plan a bridging assessment was required to ensure that sites selected and relied upon to meet minerals planning policy do not contravene the Habitats Directive. The bridging assessment establishes which sites are likely to pose a risk to Natura 2000 sites and therefore which sites are required to be subject to the further appropriate assessment stage alongside the Review.
3.8 The first task to undertake as part of the bridging assessment was to decide which quarry sites need to be screened for impact. Appendix C lists all sites within County Durham with extant planning permissions, new sites where members have resolved to grant planning permission but not yet issued and those identified by the Local Plan as strategic sites. Appendix C provides justification for the inclusion or exclusion of sites from the bridging assessment. It was considered necessary to include some inactive and dormant sites in the bridging assessment even though re-commencement of working may not take place at these sites. Table 4 identifies sites that were included and Figure 6 shows their respective locations:
Table 4 Sites included in the bridging assessment
Site Name Mineral Status
Eldon Brick Shale Active
Long Lane (Todhills) Brick Shale, clay and coal Active
Active site and strategic site extension proposal
30 Habitat Regulations Assessment of the County Durham Plan Preferred Options Overview and Outcomes of Interim Screening Stages 3
Site Name Mineral Status
Birtley Quarry (Union Brickworks) Brick Clay Active
Heights Quarry Carboniferous Limestone Active
Active site and strategic site extension proposal
Broadwood Quarry Carboniferous Limestone Active
Hulands Carboniferous Limestone Active
Harrowbank and Asby Bank Carboniferous Limestone Inactive, new proposals submitted but determination suspended
Kilmond Wood Carboniferous Limestone Inactive
Bollihope (Jopler Sykes) Carboniferous Limestone Dormant
Bollihope L20 Carboniferous Limestone Dormant
Bollihope L21 Carboniferous Limestone Dormant
Carriers Hill Carboniferous Limestone Dormant
Greenfield Carboniferous Limestone Dormant
Parson Byers Carboniferous Limestone Dormant
Puddingthorn Carboniferous Limestone Dormant
Scutterhill Carboniferous Limestone Dormant
Side Head Carboniferous Limestone Dormant
White Hills Carboniferous Limestone Dormant
Bishop Middleham Magnesian Limestone Active
Raisby (Coxhoe Quarry) Magnesian Limestone Active
Witch Hill Magnesian Limestone Inactive
Crime Rigg Magnesian Limestone and Sand Active
Thrislington Magnesian Limestone, Sand and Dolomite Active
Active site and eastern extension
Old Quarrington and Cold Knuckles Magnesian Limestone and Sand Active
Hawthorn Magnesian Limestone Inactive, new proposals submitted but determination suspended
West Cornforth Magnesian Limestone Inactive
East Cornforth Magnesian Limestone Inactive
Cat Castle Natural Building and Roofing Stone Active
Habitat Regulations Assessment of the County Durham Plan Preferred Options 31 3 Overview and Outcomes of Interim Screening Stages
Site Name Mineral Status
Dead Friars Natural Building and Roofing Stone Active
Dunhouse Natural Building and Roofing Stone Active
Lingberry Natural Building and Roofing Stone Active
Shipley Banks Natural Building and Roofing Stone Active
Windy Hill Natural Building and Roofing Stone Active
Harthope Head Ganister site but is being worked for the Active extraction of natural building and roofing stone
Force Garth Dolerite (Whinstone) Active
Crossthwaite Dolerite (Whinstone) Dormant
Greenfoot Dolerite (Whinstone) Dormant
Middleton Dolerite (Whinstone) Dormant
Park End Dolerite (Whinstone) Dormant
Hummerbeck Sand and Gravel Planning permission Issued in November 2011
Low Harperley Sand and Gravel New site - members have resolved to grant planning permission but not yet issued
32 Habitat Regulations Assessment of the County Durham Plan Preferred Options Overview and Outcomes of Interim Screening Stages 3
Figure 6 Map Showing Mineral Sites Included within Bridging Assessment
3.9 In order to determine the likely impact of mineral sites on qualifying species of Natura 2000 sites the following sources of information were used:
Durham County Council GIS Most up to date Durham County Council Mineral Site Monitoring Reports Environmental Statements for mineral sites where available Natural England SSSI 'buffer zones' criteria for Land Use Consultations Natural England, National Nature Reserve Management Plans (Thrislington, Castle Eden Dene and Moorhouse Upper Teesdale) Natural England, May 2012, component SSSI condition reports
3.10 Appendix D comprises the full screening assessment of mineral sites identified in Table 4. The results are summarised below in relation to each mineral type.
Brick Shale and Brick Clay
3.11 All active sites and sites required to ensure continuity of supply over the Local Plan period are unlikely to significantly affect the integrity of Natura 2000 sites.
Carboniferous Limestone
3.12 All active sites are unlikely to significantly affect the integrity of Natura 2000 sites. All dormant sites and inactive sites with the exception of Scutterhill Quarry and Side Head Quarry in Westgate have the potential to significantly affect the integrity of the North Pennine Moors SAC and SPA if working were to re-commence. The most direct impact types are likely to occur as a
Habitat Regulations Assessment of the County Durham Plan Preferred Options 33 3 Overview and Outcomes of Interim Screening Stages
result of re-commencement of works at the Bollihope Quarry sites which are located within the SAC and SPA and Harrowbank and Asby Bank, located directly adjacent to the North Pennine Moors SAC and SPA. The proposed Western Extension to Heights Quarry may impact upon qualifying species of the North Pennine Moors SPA as a result of disturbance to species caused by minerals working.
3.13 The impact types identified for each site with potential to adversely affect the integrity of the North Pennine Moors SAC and SPA are summarised in Table 5. An X within the table indicates which impact pathway the re-commencement of the site is likely to affect and where further information would be required to support an appropriate assessment required either when a Review is due or when new proposals are submitted (whichever is soonest).
Table 5 Carboniferous Limestone Sites and Impact Pathways Likely to be affected
Site Air Water Hydrology Habitat or species Habitat or Ability to Quality Quality destruction or species adapt to fragmentation disturbance climate change
Harrowbank and Asby X X X X X X Bank
Bollihope Sites X X X X X X
Carriers Hill X X X X X
Greenfield X X X X
Parson Byers X X X X X
Puddington X X X X
White Hills X X
Heights Quarry X
3.14 In summary, the reliance of the Local Plan on the continued working of active Carboniferous Limestone sites is unlikely to significantly affect the integrity of Natura 2000 sites. However, if additional permitted reserves are required over the Plan period and proposals come forward for existing dormant and inactive sites it is likely that information to support an appropriate assessment would be required for all sites with the exception of Scutterhill Quarry and Side Head Quarry. In association with the submission, additional information for Harrowbank and Asby Bank Quarry will be required to address all the issues identified within this bridging assessment. Provision of this information will enable Durham County Council to undertake an appropriate assessment of this site.
3.15 In respect of the proposed western extension to Heights Quarry, information was requested from the operator to support an appropriate assessment and is included within the supporting paper: Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA (24)
24 Available to view on the Council's website at http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po
34 Habitat Regulations Assessment of the County Durham Plan Preferred Options Overview and Outcomes of Interim Screening Stages 3
Magnesian Limestone, Agricultural Lime, Basal Permian Sand and Dolomite
3.16 All active sites are unlikely to significantly affect the integrity of Natura 2000 sites. However, if the operator of Thrislington Quarry propose changes to the working method of the site over the Local Plan period it will be necessary to screen the new working methods for impact to adjacent Thrislington SAC and undertake appropriate assessment if required.
3.17 If further permitted reserves are required over the life of the Local Plan and existing inactive sites were to submit new proposals, it is unlikely that the re-commencement of works at both East and West Cornforth Quarries would significantly affect the integrity of Natura 2000 sites. However, due to the proximity of Hawthorn Quarry to Durham Coast SAC, and to identified high tide roost and low tide feeding areas of qualifying species of Northumbria Coast SPA it is not possible to screen this site out. In association with the submission of additional information for Hawthorn Quarry the applicant will be required to address all the issues identified within this bridging assessment. Provision of this information will enable Durham County Council to undertake an appropriate assessment of this site.
3.18 In summary, the reliance of the Local Plan on the continued working of active Magnesian Limestone quarries is unlikely to significantly affect the integrity of Natura 2000 sites. However, if production were to be increased at existing sites for any mineral type contained within existing magnesian limestone sites, leading to increased HGV movements on the A19 passing Castle Eden Dene SAC, mitigation measures would be required. Mitigation would be required to reduce the in-combination effects of increased air pollution to this site as a result of additional production from existing sites and increased housing, tourism and business growth in the East of the County. Mitigation could include the use of alternative haulage routes or alternative methods of freight transportation (i.e. rail). With the exception of Hawthorn Quarry, re-commencement of inactive Magnesian Limestone sites is unlikely to significantly affect the integrity of Natura 2000 sites.
Natural Building and Roofing Stone
3.19 With the exception of Harthope Head Quarry and Dead Friars Quarry, the continued working of active natural building and roofing stone quarries are unlikely to significantly affect the integrity of Natura 2000 sites. Harthope Head quarry is located within the North Pennine Moors SAC and SPA and Dead Friars Quarry is partially located within and surrounded by this SAC and SPA. Both sites have the the potential to affect site integrity by all identified pathway types. The Review is due for both Dead Friars Quarry and Harthope Head Quarry in 2013 prior to adoption of the Local Plan (expected 2014). Information will be required to address the issues identified within this bridging assessment in support of the reviews.
Dolerite
3.20 Force Garth Quarry is the only active site within County Durham and is located within Moor House Upper Teesdale SAC and the North Pennine Moors SPA. The periodic review of the permission under the Environment Act 1995 has been submitted but determination has been delayed due to the need to undertake appropriate assessment, under the Conservation of the Habitats and Species Regulations 2010.
3.21 Until the Review is determined it is advised that the County Durham Plan does not rely on the continued working of Force Garth Quarry to ensure continuity of dolerite supply. In terms of all existing dormant dolerite sites in County Durham, it is considered that all sites have the potential to significantly affect the integrity of Natura 2000 sites as the majority of sites are adjacent to the North Pennine Moors SAC and SPA and within close proximity to the North Pennine Dales Meadows
Habitat Regulations Assessment of the County Durham Plan Preferred Options 35 3 Overview and Outcomes of Interim Screening Stages
SAC. Applicants will be required to supply supporting information that addresses all the issues identified within this bridging assessment if proposals to re-commence work at these sites comes forward over the Plan period.
3.22 The impact types identified for each dormant site with potential to adversely affect the integrity of the North Pennine Dales Meadows SAC and / or the North Pennine Moors SAC and SPA are summarised in Table 6. An X within the table indicates which impact pathway the re-working of the site is most likely to affect.
Table 6 Dormant Dolerite Sites and Impact Pathways Likely to be affected
Site Air Water Hydrology Habitat or species Habitat or Ability to adapt Quality Quality destruction or species to climate fragmentation disturbance change
Crossthwaite X X X X X X
Greenfoot X X X X
Middleton X X X X X X
Park End X X X X X X
Fluvial Sand and Gravel
3.23 As a result of the bridging assessment it is considered unlikely that the resolution to grant planning permission to Low Harperley Quarry or a new scheme of working and restoration conditions being issued to Hummerbeck Quarry will significantly affect the integrity of Natura 2000 sites. It is not now considered likely that any additional permitted reserves of either basal permian or fluvial sand and gravel will be required over the life of the Local Plan.
Summary
3.24 To conclude this section, it can be seen that the Minerals Bridging Assessment has identified the following potential impacts in relation to Natura 2000 sites under consideration. Durham County Council's Spatial Policy Team were made aware of the potential impacts in advance of development of the minerals policies for the Preferred Options:
Table 7 Potential Impacts - Mineral Sites
Natura 2000 Site Potential Impact
Durham Coast SAC If the Local Plan supports the re-commencement of Hawthorn Quarry there is potential for adverse impacts to Durham Coast SAC as a result of potential changes to air quality. Dust, or particles falling onto plants can physically smother leaves affecting photosynthesis, respiration, transpiration and leaf temperature. There may also be toxicity issues and potential changes in pH. The re-commencement of Hawthorn Quarry if supported, could also impact upon surface and groundwater sources in terms of quality and quantity required by qualifying features of Durham Coast SAC.
Northumbria Coast SPA, Ramsar and The re-commencement of Hawthorn Quarry, if supported by the Local Plan EMS could potentially increase disturbance by way of blasting and vibration levels to qualifying bird species of Northumbria Coast SPA which have been identified as utilising high tide roost areas and low tide feeding areas 1km north and 2km south of the quarry. Coupled with natural retreat of the coastline, increased disturbance could impact on the ability of qualifying species to adapt to climate change (find new roost and inland feeding areas)
36 Habitat Regulations Assessment of the County Durham Plan Preferred Options Overview and Outcomes of Interim Screening Stages 3
Natura 2000 Site Potential Impact
Teesmouth and Cleveland Coast SPA, No impacts identified Ramsar and EMS
Castle Eden Dene SAC If the Local Plan supports increased productivity of active Magnesian Limestone quarries and re-commencement of Hawthorn Quarry there is potential as a result to increase traffic growth on the A19 (in combination with other growth proposals of the Local Plan and plans of neighbouring authorities). Castle Eden Dene SAC is within 200 metres of the A19 and is exceeding critical thresholds in respect of nitrogen deposition.
Thrislington SAC No impacts identified. However, if the operator of Thrislington Quarry propose changes to the working method of the site over the Local Plan period it will be necessary to screen the new working methods for impact to adjacent Thrislington SAC and undertake appropriate assessment if required.
Moor House Upper Teesdale SAC Potential for a range of impacts to the SAC linked to the working of Force Garth Quarry if supported by the Local Plan.
Extraction of dolerite from the proposed new working area of Force Garth Quarry would result in the loss of over 5ha land designated as part of Moor House Upper Teesdale SAC. Uncertainties also exist as to the impact of working of the existing permitted area and wider IDO (Interim Development Order) area on the SAC in terms of dust emissions and drainage of blanket bog.
Moor House Upper Teesdale SAC is within 200 metres of the B6277 and exceeding critical thresholds in respect of nitrogen deposition. Any increase in vehicle emissions as a result of increased productivity at Force Garth Quarry or as a result of re-commencement of Crossthwaite, Middleton and Park End Quarries is considered significant. These sites are also within 100 metres of Moor House Upper Teesdale SAC so there re-commencement could increase dust emissions to the SAC.
North Pennine Dales Meadows SAC Potential for adverse impacts as a result of changes to air quality to the SAC if the Local Plan supports the working of Force Garth Quarry and / or re-commencement of dormant dolerite sites.
The North Pennine Dales Meadows SAC is within 200 metres of the B6277 and exceeding critical thresholds in respect of nitrogen deposition. Any increase in vehicle emissions as a result of increased productivity at Force Garth Quarry or as a result in re-commencement of Crossthwaite, Middleton and Park End Quarries is considered significant. Crosthwaite and Park End Quarries are also within 100 metres of the North Pennine Dales Meadows SAC so there re-commencement could increase dust emissions to the SAC.
North Pennine Moors SAC and SPA A range of potential impacts have been identified to the North Pennine Moors SAC and SPA if the Local Plan supports the re-commencement of inactive and dormant Carboniferous Limestone sites. The potential impact pathways and quarry sites attributed are identified below:
Dust emissions - Harrowbank and Asby Bank Quarry, Bollihope Quarry
Vehicle emissions - Bollihope Quarry
Changes to surface and / or ground water quality - Harrowbank and Asby Bank Quarry, Bollihope Quarry, Carriers Hill Quarry, Greenfield Quarry, Parson Byers Quarry and Puddingthorn Quarry
Habitat Regulations Assessment of the County Durham Plan Preferred Options 37 3 Overview and Outcomes of Interim Screening Stages
Natura 2000 Site Potential Impact
Changes to hydrology - Harrowbank and Asby Bank Quarry, Bollihope Quarry, Carriers Hill Quarry, Greenfield Quarry, Parson Byers Quarry, Puddingthorn Quarry and Whitehills Quarry
Potential increased trampling of habitat as a result of PROW diversion - Harrobank and Asby Bank Quarry
Please note that changes to hydrology may increase the severity of climate change effects reducing the ability of qualifying habitats and species to adapt to climate change.
In terms of Natural Building and Roofing Stone quarries the working of Harthope Head Quarry and Dead Friars Quarry if supported by the Local Plan have the potential to cause adverse effects through all identified pathways as these sites are either within or partially within the SAC.
North Pennine Moors SPA The following quarry sites have the potential to disturb qualifying SPA species as a result of blasting and vibration:
Proposed Western Extension to Heights Quarry (Carboniferous Limestone - Allocated Site)
Harrowbank and Asby Bank Quarry (Carboniferous Limestone)
Bollihope Quarry (Carboniferous Limestone)
Carriers Hill Quarry (Carboniferous Limestone)
Parson Byers Quarry (Carboniferous Limestone)
Force Garth Quarry (Dolerite)
Park End Quarry (Dolerite)
Crossthwaite Quarry(Dolerite)
Middelton Quarry(Dolerite)
Harthope Head Quarry (Natural Building and Roofing Stone)
Dead Friars Quarry (Natural Building and Roofing Stone)
38 Habitat Regulations Assessment of the County Durham Plan Preferred Options Policies Screened into the Appropriate Assessment Stage 4
4.1 Following screening at the interim stages of Local Plan development it was necessary to screen the draft Preferred Options as they emerged. Screening of the Preferred Options commenced in April 2012. All policies and allocations included in the draft Local Plan were screened for potential impact to Natura 2000 sites. The only policies and associated allocations that could be screened out at the start were:
Policy 1: Sustainable Development Policy 8: Western Relief Road Policy 9: Northern Relief Road Policy 13: Green Belt Policy 16: Development on Unallocated Sites Policy 17: Sustainable Design in the Built Environment Policy 18: Local Amenity Policy 19: Air Quality and Light Pollution Policy 21: Renewable Energy Development Policy 22: Wind Turbine Development Policy 29: Existing Housing Commitments Policy 31: Addressing Housing Needs Policy 32: Housing Exceptions Policy 34: Type and Mix of Housing Policy 36: Development in the Countryside Policy 37: North Pennines Area of Outstanding Natural Beauty Policy 39: Landscape Character Policy 40: Trees, Woodlands and Hedges Policy 42: International Wildlife Sites Policy 45: Durham Cathedral and Castle World Heritage Site Policy 47: Promoting Sustainable Travel Policy 49: Utilities, Telecommunications and other Broadband Infrastructure Policy 50: Sewage and Waste Water Infrastructure Policy 51: Sustainable Minerals and Waste Resource Management Policy 52: Safeguarding Minerals Related Infrastructure and Waste Management Sites Policy 55: Brick Making Raw Materials Policy 56: Surface Mined Coal and Fireclay Policy 58: Safeguarding Mineral Resources Policy 60: Strategic Area of Search to the South of Todhills Brickworks Policy 61: Waste Management Provision Policy 62: Location of New Waste Facilities Policy 63: Landfill and Landraising
4.2 It was considered possible to screen the above policies and allocations out for the following reasons:
They have no influence over the quantum or location of development, but rather over its use or other aspects such as design standards or protection of assets. For example, the Addressing Housing Needs policy affects the affordability of housing and proportion that is built specifically to meet the needs of older persons and those with specialist needs through the Local Plan, but plays no role in governing the quantum or location of that housing; or The policy has built in safeguards which ensure that Natura 2000 sites will be protected from development that may come forward over the Local Plan period; or
Habitat Regulations Assessment of the County Durham Plan Preferred Options 39 4 Policies Screened into the Appropriate Assessment Stage
The policy should help to provide mitigation or added protection to Natura 2000 sites which may help address potential adverse impacts of the Local Plan; or The policy can be screened out based on previous screening assessment results. This largely relates to policies which are site specific.
4.3 The screened out policies and allocations can also be categorised in the following way:
Table 8 Summary of Reasoning behind Screening Policies out
No Influence over Quantum Adequate Safeguards Provides Potential Screened out or Location of Development Incorporated Mitigation or Additional Based on Layer of Protection Previous Screening Assessment Outcomes
Policy 1: Sustainable Policy 16: Development on Policy 19: Air Quality and Policy 8: Western Development Unallocated Sites Light Pollution Relief Road
Policy 13: Green Belt Policy 21: Renewable Energy Policy 37: North Pennines Policy 9: Northern Development Area of Outstanding Relief Road Natural Beauty
Policy 17: Sustainable Design Policy 22: Wind Turbine Policy 39: Landscape Policy 60: in the Built Environment Development Character Strategic Area of Search to the South of Todhills Brickworks
Policy 18: Local Amenity Policy 29: Existing Housing Policy 40: Trees, Commitments Woodlands and Hedges
Policy 31: Addressing Housing Policy 32: Housing Exceptions Policy 42: International Needs Wildlife Sites
Policy 34: Type and Mix of Policy 49: Utilities, Policy 47: Promoting Housing Telecommunications and other Sustainable Travel Broadband Infrastructure
Policy 36: Development in the Policy 55: Brick Making Raw Policy 50: Sewage and Countryside Materials Waste Water Infrastructure
Policy 45: Durham Cathedral Policy 56: Surface Mined Coal and Castle World Heritage Site and Fireclay
Policy 52: Safeguarding Policy 61: Waste Management Minerals Related Infrastructure Provision and Waste Management Sites
Policy 58: Safeguarding Policy 62: Location of New Mineral Resources Waste Facilities
Policy 63: Landfill and Landraising
4.4 As a result, the following policies could not be screened out and were subject to Appropriate Assessment; either because they promote development within County Durham or govern its distribution or they were not considered to incorporate adequate safeguards within the policy text:
40 Habitat Regulations Assessment of the County Durham Plan Preferred Options Policies Screened into the Appropriate Assessment Stage 4
Policy 2: Spatial Approach Policy 3: Quantity of New Development Policy 4: Distribution of New Development Policy 5: Durham City Policy 6: Aykley Heads Policy 7: Durham City Strategic Housing Sites Policy 10: Student Accommodation Policy 11: Other Strategic Housing Sites Policy 12: Executive Housing Policy 14: Major Developed Sites in the Greenbelt Policy 15: Neighbourhood Planning and Infrastructure Policy 20: Green Infrastructure Policy 23: General Employment Sites Policy 24: Specific Use Employment Sites Policy 25: Retail Allocations Policy 26: Retail Hierarchy and Development in Commercial Centres Policy 27: Tourist Attractions Policy 28: Tourist Accommodation Policy 30: Housing Land Allocations Policy 33: Sites for Travellers Policy 35: Density of Residential Development Policy 38: Durham Coast and Heritage Coast Policy 41: Biodiversity and Geodiversity Policy 43: Nationally and Locally Protected Sites and Species Policy 44: Historic Environment Policy 46: Water Environment Policy 48: Provision of New Transport Infrastructure Policy 53: Meeting the Need for Primary Aggregates Policy 54: High Grade Dolomite Policy 57: Natural Building and Roofing Stone Policy 59: Strategic Site Allocation West of Heights Quarry Policy 61: Waste Management Provision Policy 64: Developer Contributions
4.5 The screening opinion of all the draft policies is documented in Appendix E. Please note that the screening opinion of the draft policies and allocations relates to the initial draft of these policies. Subsequent changes have been made to policies and allocations as a result of HRA recommendations and other internal processes and consultation. The outcomes of which are document in Appendix H.
4.6 The next section considers the potential impacts of the draft policies that could not be screened out as well as the likely in combination effects from other plans and projects in relation to Natura 2000 sites.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 41 5 Natura 2000 Sites
Northumbria Coast SPA and Ramsar
Introduction
5.1 Northumbria Coast SPA and Ramsar was designated in February 2000 and covers an area of approximately 1,108 hectares. The site comprises several discrete stretches of the coastline in North East England between Spittal in the north of Northumberland to Crimdon Dene in County Durham. The site consists of rocky shore with associated bolder and cobble beaches. These support a rich algal flora and associated fauna and form an important feeding area for wading birds. The areas of sandy beach within the site support a flora which includes Ammophila arenaria; marram and Honkenya peploides; sea sandwort . A diverse range of recreational activities takes place along the coast including walking, camping, sea angling, bird watching, water sports (water-skiing, sailing, windsurfing and canoeing) and general use of amenity beaches. As well as attracting a large number of day trippers, a sizable population of summer visitors stay in caravan sites and other accommodation along the coast. The site also includes parts of three artificial pier structures and a small section of sandy beach
5.2 The designated stretches in Durham consist of approximately 55 hectares and broadly pertain to Seaham's coastal area and harbour in the north east of the County and the area of coastline between Blackhall Rocks and Crimdon Dene in the south east of the County. The habitat of the SPA is predominantly classified as Shingle, Sea Cliffs and Islets.
Qualifying Features
Calidris maritima aka Purple sandpiper (Non-breeding) Arenaria interpres aka Ruddy turnstone (Non breeding) Sterna albifrons aka Little tern (Breeding)
Conservation Objectives
5.3 Avoid the deterioration of the habitats of the qualifying features, and the significant disturbance of the qualifying features, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving the aims of the Birds Directive.
5.4 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function of the habitats of the qualifying features; The supporting processes on which the habitats of the qualifying features rely; The populations of the qualifying features; The distribution of the qualifying features within the site
Condition Assessment
5.5 During the most recent Condition Assessment process, 62.80% of the component SSSI was classified as 'area favourable' and 37.20% was classified as 'area unfavourable recovering.' The status of the site has not changed between the condition assessments of 2011 and 2012 and no reason has been recorded for adverse condition.
Vulnerability
5.6 Little terns are vulnerable to disturbance by tourists in the summer causing reduced breeding success.
42 Habitat Regulations Assessment of the County Durham Plan Preferred Options Natura 2000 Sites 5
Key Environmental Conditions
5.7 The key environmental conditions required to support site integrity comprise the following:
Freedom from disturbance Extent and availability of habitat (no decrease) - breeding areas, feeding areas, roost sites Food availability (marine fish, crustaceans, worms and molluscs; epibenthic invertebrates amongst rolling seaweed; surface and sub surface invertebrates) Open landscape
Potential Effects of the Plan
Air Quality
5.8 A deterioration to air quality was not considered to be a potential impact pathway to Northumbria Coast SPA due to the nature of the SPA in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on air quality affecting this site was therefore not considered.
Water Quality
5.9 Consideration was given to the impact of proposed housing growth over the Local Plan period on water quality which can affect food availability. Most Sewage Treatment Works in County Durham discharge waste waters into watercourses that ultimately drain to the River Wear or the River Tees. As such, any increase in housing in County Durham is highly likely to contribute to a potential deterioration in water quality due to a greater quantity of nutrient discharge.
5.10 However, this potential adverse effect was screened out given the distance of Northumbria Coast SPA from Wearmouth (over 6 and 19km south respectively). Avoiding adverse effects is also largely in the hands of Northumbrian Water Ltd (through their investment in future sewage treatment infrastructure) and the Environment Agency (through their role in consenting discharges). However, Durham County Council can also contribute through ensuring that sufficient wastewater treatment infrastructure is in place prior to development being delivered through the Local Plan. This issue is considered by Policy 50: Sewage and Waste Water Infrastructure.
5.11 Consideration was also given to the impact of minerals working (active and inactive sites) on the water quality of the River Wear. This impact was also screened out based upon the distances involved between active and inactive sites and Wearmouth and by the distance of Northumbria Coast SPA from Wearmouth. In addition to this, conditions relating to the protection of water quality are being complied with by all active mineral sites.
Hydrology
5.12 Changes to hydrological conditions were not considered to be a potential impact pathway to Northumbria Coast SPA due to the nature of the SPA in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on hydrological systems in respect of this site were therefore not considered.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 43 5 Natura 2000 Sites
Land Take
5.13 The impact of the Local Plan on land take was considered both in respect of direct land take from the SPA and of areas of land identified by the Bird Study (25) as functional land. Whilst, the proposed allocations and mineral sites relied upon will not result in land take it was considered the the Local Plan should include controls governing the location of development that may come forward over the Plan period.
Recreational Pressure
5.14 Given the potential for this site to be used for recreational activity we are unable to conclude that new housing within 10 miles of the SPA (approximately 12,300 new houses) or tourism development that encourages access to Durham's coast will not contribute cumulatively and in combination with other plans and projects to recreational pressure on this site to a damaging degree.
5.15 The 10 mile buffer zone was established through research presented in the supporting paper: Recreational and Urbanisation Impacts to define the recreational catchment of this area.
Urbanisation - Increased Predation
5.16 A large proportion of domestic cats are found in urban situations, and increasing urbanisation in the East of the County is likely to lead to increased cat predation. Increased populations within County Durham may also increase urban populations of rats and other predatory species such as foxes. Northumbria Coast SPA is physically separated from settlements by the Durham Coast Rail Line and may provide a robust barrier in terms of limiting predation levels. However, a precautionary approach to this matter has been taken and as a result no housing allocations within 400 metres of the SPA are being proposed by the Local Plan. (26)Whilst this measure is considered to provide adequate mitigation for the growth proposed by the Local Plan it does not control the potential cumulative effect of development coming forward over the Local Plan period. Further control measures are considered necessary.
Urbanisation - Invasive Species
5.17 An increase in invasive species was not considered to be a potential impact pathway to Northumbria Coast SPA due to the nature of the SPA in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on invasive species affecting this site was therefore not considered.
Species Disturbance
5.18 In addition to species disturbance as a result of increased recreational pressure, consideration was given to the potential impact of noise and vibration levels to qualifying SPA species from minerals working required to meet Plan policy. Policy 53: Meeting the Need for Primary Aggregates and Policy 54: High Grade Dolomite do not exclude the potential re-commencement of inactive Magnesian Limestone Sites over the Local Plan period. As a result, the re-commencement of Hawthorn Quarry (27) was considered to have the potential to increase levels of disturbance to qualifying species utilising areas of functional land within the vicinity of this quarry site. This impact has the potential to result in cumulative effects in combination with disturbance of SPA species as a result of increased recreational pressure.
25 Cadwallender, T, M, 2012 A Study of Over-wintering Waterbirds of the Durham Coast - December 2011-March 2012 Cadwallender Consultancy 26 Turner and Meister (1988) found the mean range of cats to be 371 metres 27 This site would require the agreement of new working and restoration conditions prior to recommencement
44 Habitat Regulations Assessment of the County Durham Plan Preferred Options Natura 2000 Sites 5
5.19 The Local Plan does not provide for any allocations governing the location of renewable energy schemes that can also disturb qualifying species (and affect air quality in respect of biomass schemes). However, policies governing renewable energy development were considered to incorporate adequate safeguards to avoid adverse effects to the SPA over the Plan period.
Ability to Adapt to Climate Change
5.20 The Local Plan could give rise to adverse effects if it contributes further to coastal squeeze thereby reducing the available habitat for qualifying species. Available habitat is already subject to gradual loss as a result of natural coastal retreat and climate change. Recommendations were made throughout previous HRA stages of the local plan to safeguard the area of land between the coast and the Durham Coast Rail Line from development as a result. Whilst policy 38: Durham Coast and Heritage Coast is a restrictive policy, at the time of screening it was not considered possible to screen it out. The policy was not considered to provide adequate safeguards to Northumbria Coast SPA and suggested amendments were recommended as detailed in Appendix H. Amendments have been made to the policy as a result.
Screening Summary
5.21 Issues of water quality, land take, recreational pressure, increased predation, species disturbance and coastal squeeze have all been considered in relation to potential impacts of the Local Plan on Northumbria Coast SPA. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SPA as a result of increased recreational pressure, predation and species disturbance. These issues therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 9.
Table 9 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase recreational pressure and urbanisation effects (predatory species)
Policy 3: Quantity of New Increased population - potential to increase recreational pressure and Development urbanisation effects (predatory species)
Policy 4: Distribution of New Increased population - potential to increase recreational pressure and Development urbanisation effects (predatory species)
Policy 5: Durham City Increased population - potential to increase recreational pressure
Policy 7: Durham City Strategic Increased population - potential to increase recreational pressure Housing Sites
Policy 11: Other Strategic Housing Increased population - potential to increase recreational pressure Sites
Policy 12: Executive Housing Increased population - potential to increase recreational pressure
Policy 14: Major Developed Sites in Increased population - potential to increase recreational pressure the Greenbelt
Policy 15: Neighbourhood Planning As Neighbourhood Plans are required to propose growth over and above and Infrastructure that set out in the Local Plan there is potential for neighbourhood plans
Habitat Regulations Assessment of the County Durham Plan Preferred Options 45 5 Natura 2000 Sites
Policy Potential impact identified
to increase levels of growth and therefore recreational pressure and urbanisation / predatory effects.
Policy 20: Green Infrastructure Potential for negative effects if the type and design of green infrastructure within proximity to Natura 2000 sites is not compatible with qualifying species and/or supporting habitat. Provision of green infrastructure may indirectly increase recreational pressure to sites. Further potential for negative effects if alternative / diversion of PROW increases recreational pressure to sites.
Policy 24: Specific Use Employment A site of 72ha to the south of Seaham is allocated for the development of Sites a film studio and associated uses i.e. educational facilities, student accommodation, hotel and leisure needs. Potential to increase recreational pressure and urbanisation effects as a result (predatory species)
Policy 27: Tourist Attractions Policy is supportive of development that enhances the tourism potential of Durham's Heritage Coast - potential to increase recreational pressure.
Policy 28: Tourist Accommodation Potential to support accommodation e.g. Caravan sites in the vicinity of SPA or functional land - potential for land take (functional), increase in recreational pressure and urbanisation effects (predatory species)
Policy 30: Housing Land Allocations Increased population - potential to increase recreational pressure and urbanisation effects (predatory species)
Policy 33: Sites for Travellers Depending on whether new sites are required - locations may increase recreational pressure
Policy 35: Density of Residential Increased population - potential to increase recreational pressure and Development urbanisation effects (predatory effects)
Policy 38: Durham Coast and Potential to support development that improves access and enjoyment of Heritage Coast Durham's Heritage Coast
Policy 44: Historic Environment Potential to support development that promotes and increase access to heritage assets associated with Durham's Heritage Coast
Policy 48: Provision of New Policy makes reference to the new rail station at Peterlee / Horden which Transport Infrastructure could improve access to Durham's Heritage Coast and increase recreational pressure to Northumbria Coast SPA as a result.
Policy 53: Meeting the Need for Policy does not exclude the recommencement of inactive magnesian Primary Aggregates limestone sites. The potential recommencement of Hawthorn Quarry could cause disturbance to qualifying species utilising areas of functional land
Policy 54: High Grade Dolomite Policy does not exclude the recommencement of inactive magnesian limestone sites. The potential recommencement of Hawthorn Quarry could cause disturbance to qualifying species utilising areas of functional land
5.22 Other plans and projects considered to act in combination with the Local Plan in terms of increasing recreational pressure include:
Sunderland City Council Core Strategy Preferred Options 2007 Sunderland City Council Allocations DPD South Tyneside Core Strategy 2006 North Tyneside Core Strategy North Tyneside Council Coastal Area Action Plan Durham Heritage Coast Management Plan 2005-2010
46 Habitat Regulations Assessment of the County Durham Plan Preferred Options Natura 2000 Sites 5
Durham County Council Local Transport Plan 3 2011 Paths for People, Rights of Way Improvement Plan for County Durham 2011-2014 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Seaham 2009 County Durham Infrastructure Delivery Plan English Coastal Path Project
Teesmouth and Cleveland Coast SPA and Ramsar
Introduction
5.23 Teesmouth and Cleveland Coast SPA and Ramsar was designated in August 1995 and covers an area of approximately 1,247 hectares. Teesmouth and Cleveland Coast comprises intertidal sand and mudflats, rocky shore, saltmarsh, freshwater marsh and sand dunes. The Tees Estuary has been much-modified by such activities as land-claim, construction of breakwaters and training walls, and deep dredging. The remaining intertidal areas within the estuary are composed of mud and sand, with some Enteromorpha beds in sheltered areas. Outside the estuary mouth, sandflats predominate, but with significant rocky foreshores and reefs at both Redcar and Hartlepool and anthropogenic boulder beds at South Gare. Moderately extensive sand dune systems flank the estuary mouth, while a smaller dune system lies north of Hartlepool. Surviving saltmarsh is very limited in extent. Behind the dunes and sea-defences a number of significant areas of grazing marsh are found.
5.24 The designated stretch within County Durham's administrative boundary is approximately 1km in length and covers an area of approximately 22 hectares. The are is located between Crimdon Dene and Hartlepool Borough Council's administrative boundary and predominantly consists of coastal sand dunes and sand beaches.
Qualifying Features
Calidris canutus; Red knot (Non-breeding) Tringa totanus; Common redshank (Non-breeding) Sterna sandvicensis; Sandwich tern (Non-breeding) Charadrius hiaticula; Ringed plover (Non-breeding) Sterna albifrons; Little tern (Breeding) Waterbird assemblage
Conservation Objectives
5.25 Avoid the deterioration of the habitats of the qualifying features, and the significant disturbance of the qualifying features, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving the aims of the Birds Directive.
5.26 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function of the habitats of the qualifying features; The supporting processes on which the habitats of the qualifying features rely; The populations of the qualifying features; The distribution of the qualifying features
Habitat Regulations Assessment of the County Durham Plan Preferred Options 47 5 Natura 2000 Sites
Condition Assessment
5.27 Teesmouth and Cleveland Coast SPA comprises six component SSSI's. During the most recent Condition Assessment process, 42% of the component SSSI's combined were classified as 'area favourable'; 52% were classified as 'area unfavourable recovering;' 1.4% were classified as unfavourable no change and 0.6% were classified as area destroyed / part destroyed. The status of the component SSSI's has not changed between the condition assessments of 2011 and 2012. Units 2 and 7 of Seal Sands have been classified as destroyed due to the presence of built development and no possibility of habitat reinstatement.
Vulnerability
5.28 The natural incursion of coarse marine sediments into the estuary and the eutrophication of sheltered mudflats leading to the spread of dense Enteromorpha beds may impact on invertebrate density and abundance, and hence on waterfowl numbers. Indications are that the observed sediment changes derive from the reassertion of natural coastal processes within the context of an estuary much modified by human activity. An extensive long-term monitoring programme is investigating the effects of the Tees Barrage, while nutrient enrichment from sewage discharges should be ameliorated by the planned introduction of improved treatment facilities and the Environment Agency's acceptance of Seal Sands as a candidate Sensitive Area to Eutrophication. Aside from the eutrophication issue, water quality has shown considerable and sustained improvement, leading to the re-establishment of migratory fish populations and the growth of cormorant and common seal populations. The future development of port facilities in areas adjacent to the site, and in particular of deep water frontages with associated capital dredging, has the potential to cause adverse effect; as will incompatible coastal defence schemes. Other issues on this relatively robust site include scrub encroachment on dunes and recreational, bait-gathering and other disturbance/damage to habitats/species.
Key Environmental Conditions
5.29 The key environmental conditions required to support site integrity comprise the following:
Food availability (small fish, crustaceans, worms and molluscs, seed bearing plants, surface and sub-surface invertebrates
Vegetation structure
Maintenance of hydrology and flow, suitable water depth
Limited disturbance
Potential Effects of the Plan
Air Quality
5.30 A deterioration to air quality was not considered to be a potential impact pathway to Teesmouth and Cleveland Coast SPA due to the nature of the SPA in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on air quality affecting this site was therefore not considered.
48 Habitat Regulations Assessment of the County Durham Plan Preferred Options Natura 2000 Sites 5
Water Quality
5.31 Consideration was given to the impact of proposed housing growth over the Local Plan period on water quality which can affect food availability. Most Sewage Treatment Works in County Durham discharge waste waters into watercourses that ultimately drain to the River Wear or the River Tees. As such, any increase in housing in County Durham is highly likely to contribute to a potential deterioration in water quality due to a greater quantity of nutrient discharge.
5.32 However, this potential adverse effect was screened out based upon the distances involved between points of discharge and Teesmouth. Avoiding adverse effects is also largely in the hands of Northumbrian Water Ltd (through their investment in future sewage treatment infrastructure) and the Environment Agency (through their role in consenting discharges). However, Durham County Council can also contribute through ensuring that sufficient wastewater treatment infrastructure is in place prior to development being delivered through the Local Plan. This issue is considered by Policy 50: Sewage and Waste Water Infrastructure.
5.33 Consideration was also given to the impact of minerals working (active and inactive sites) on the water quality of the River Tees. This impact was also screened out based upon the distances involved between active and inactive sites and Teesmouth. In addition to this, conditions relating to the protection of water quality are being complied with by all active mineral sites.
Hydrology
5.34 Changes to hydrological conditions as a result of increased abstraction from the River Tees over the Plan period were considered. Potential for adverse impact were however, screened out based upon the presence of the Kielder Water which regulates the River Tees and Wear. Kielder Water is northern Europe’s largest manmade lake which has capacity to hold 200,000Ml of water. The Kielder Water Scheme allows transfers to be made between the major north east catchments and allows water resources to be used to a fuller extent if and when needed. The transfer system also supports the River Tees to ensure that prescribed minimum maintained flow conditions are met. The Tees Barrage also acts to regulate flows on the River Tees.
Land Take
5.35 The impact of the Local Plan on land take was considered both in respect of direct land take from the SPA and of areas of land identified by the Bird Study (28) as functional land. Whilst, the proposed allocations and mineral sites relied upon will not result in land take it was considered the the Local Plan should include controls governing the location of development that may come forward over the Plan period.
Recreational Pressure
5.36 Given the potential for this site to be used for recreational activity we are unable to conclude that new housing within 10 miles of the SPA (approximately 12,300 new houses) or tourism development that encourages access to Durham's coast will not contribute cumulatively and in combination with other plans and projects to recreational pressure on this site to a damaging degree.
5.37 The 10 mile buffer zone was established through research presented in the supporting paper: Recreational and Urbanisation Impacts to define the recreational catchment of this area.
28 Cadwallender, T, M, 2012 A Study of Over-wintering Waterbirds of the Durham Coast - December 2011-March 2012 Cadwallender Consultancy
Habitat Regulations Assessment of the County Durham Plan Preferred Options 49 5 Natura 2000 Sites
Urbanisation - Increased Predation
5.38 A large proportion of domestic cats are found in urban situations, and increasing urbanisation in the East of the County is likely to lead to increased cat predation. Increased populations within County Durham may also increase urban populations of rats and other predatory species such as foxes. Teesmouth and Cleveland Coast SPA is physically separated from settlements by the Durham Coast Rail Line and may provide a robust barrier in terms of limiting predation levels. However, a precautionary approach to this matter has been taken and as a result no housing allocations within 400 metres of the SPA are being proposed by the Local Plan.(29) Whilst this measure is considered to provide adequate mitigation for the growth proposed by the Local Plan it does not control the potential cumulative effect of development coming forward over the Local Plan period. Further control measures are considered necessary.
Urbanisation - Invasive Species
5.39 Scrub encroachment on the dunes has been cited as a vulnerability of the site which may be populated further by a potential increase in invasive species as a result of inappropriate planting linked to new development (for example cotoneaster) and inappropriate garden waste disposal. Whilst management of Crimdon Dene Local Nature Reserve (opposite the SPA) may help to prevent the spread of invasive species control measures within Local Plan policies are considered necessary.
Species Disturbance
5.40 In addition to species disturbance as a result of increased recreational pressure, consideration was given to the potential impact of noise and vibration levels to qualifying SPA species from minerals working required to meet Plan policy. Natural England have devised SSSI 'buffer zones' criteria for Land Use Consultations. The criteria is used to determine whether a consultation should be examined in more detail by Natural England's Land Use Operations Team. The buffer set for the component SSSI's of Teesmouth and Cleveland Coast SPA in terms of impact to bird species is 800 metres. As all active and inactive magnesian limestone quarries are outwith this buffer it is considered that the Local Pan is unlikely to result in any significant adverse effects to species as a result of noise and vibration levels from minerals working.
5.41 The Local Plan does not provide for any allocations governing the location of renewable energy schemes that can also disturb qualifying species (and affect air quality in respect of biomass schemes). However, policies governing renewable energy development were considered to incorporate adequate safeguards to avoid adverse effects to the SPA over the Plan period.
Ability to Adapt to Climate Change
5.42 The Local Plan could give rise to adverse effects if it contributes further to coastal squeeze thereby reducing the available habitat for qualifying species. Available habitat is already subject to gradual loss as a result of natural coastal retreat and climate change. Recommendations were made throughout previous HRA stages of the local plan to safeguard the area of land between the coast and the Durham Coast Rail Line from development as a result. Whilst policy 38: Durham Coast and Heritage Coast is a restrictive policy, at the time of screening it was not considered possible to screen it out. The policy was not considered to provide adequate safeguards to Northumbria Coast SPA and suggested amendments were recommended as detailed in Appendix H. Amendments have been made to the policy as a result.
29 Turner and Meister (1988) found the mean range of cats to be 371 metres
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Screening Summary
5.43 Issues of water quality, hydrology, land take, recreational pressure, increased predation, invasive species, species disturbance and coastal squeeze have all been considered in relation to potential impacts of the Local Plan on Teesmouth and Cleveland Coast SPA. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SPA as a result of increased recreational pressure, predation and invasive species. These issues therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 10.
Table 10 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase recreational pressure and urbanisation effects
Policy 3: Quantity of New Increased population - potential to increase recreational pressure and Development urbanisation effects
Policy 4: Distribution of New Increased population - potential to increase recreational pressure and Development urbanisation effects
Policy 15: Neighbourhood Planning As Neighbourhood Plans are required to propose growth over and above and Infrastructure that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore recreational pressure and urbanisation / predatory effects.
Policy 20: Green Infrastructure Potential for negative effects if the type and design of green infrastructure within proximity to Natura 2000 sites is not compatible with qualifying species and/or supporting habitat. Provision of green infrastructure may indirectly increase recreational pressure to sites. Further potential for negative effects if alternative / diversion of PROW increases recreational pressure to sites.
Policy 27: Tourist Attractions Policy is supportive of development that enhances the tourism potential of Durham's Heritage Coast - potential to increase recreational pressure.
Policy 28: Tourist Accommodation Potential to support accommodation e.g. Caravan sites in the vicinity of SPA or functional land - potential for land take (functional), increase in recreational pressure and urbanisation / predatory effects
Policy 30: Housing Land Allocations Increased population - potential to increase recreational pressure and urbanisation effects
Policy 33: Sites for Travellers Depending on whether new sites are required - locations may increase recreational pressure
Policy 35: Density of Residential Increased population - potential to increase recreational pressure and Development urbanisation effects
Policy 38: Durham Coast and Potential to support development that improves access and enjoyment of Heritage Coast Durham's Heritage Coast. Policy supports extending the Heritage Coast designation to include the area around Dene Mouth, Blackhall.
Policy 41: Biodiversity and The incorporation of measures to enhance biodiversity within or around Geodiversity development sites could potentially lead to adverse effects if not compatible with qualifying species / supporting habitat of Natura 2000 sites.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 51 5 Natura 2000 Sites
Policy Potential impact identified
Policy 44: Historic Environment Potential to support development that promotes and increase access to heritage assets associated with Durham's Heritage Coast
5.44 Other plans and projects considered to act in combination with the Local Plan in terms of increasing recreational pressure and species disturbance include:
Stockton on Tees Borough Council Core Strategy Hartlepool Borough Council Core Strategy Submission Draft 2012 Redcar and Cleveland Borough Council Core Strategy 2007-2021 English Coastal Path Project Tees Valley Joint Minerals and Waste Development Plan Documents Core Strategy 2011-2026 Tees Valley Joint Minerals and Waste Development Plan Documents Policies and Sites DPD 2011-2026
Durham Coast SAC
Introduction
5.45 Durham Coast SAC was designated in April 2005 and covers an area of approximately 394 hectares. Durham Coast SAC is the only example of vegetated sea cliffs on magnesian limestone exposures in the UK. These cliffs extend along the North Sea coast for over 20 km from South Shields southwards to Blackhall rocks. Their vegetation is unique in the British Isles and consists of a complex mosaic of paramaritime, mesotrophic and calcicolous grasslands, tall-herb fen, seepage flushes and wind-pruned scrub. Within these habitats rare species of contrasting photogeographic distributions often grow together forming unusual and species-rich communities of high scientific interest. The communities present on the sea cliffs are largely maintained by natural processes including exposure to sea spray, erosion and slippage of the soft magnesian limestone bedrock and overlying glacial drifts, as well as localised flushing by calcareous water.
Qualifying Features
Vegetated sea cliffs of the Atlantic and Baltic coasts
Conservation Objectives
5.46 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.47 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
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Condition Assessment
5.48 During the most recent Condition Assessment process, 62.80% of the component SSSI was classified as 'area favourable' and 37.20% was classified as 'area unfavourable recovering.' The status of the site has not changed between the condition assessments of 2011 and 2012 and no reason has been recorded for adverse condition.
Vulnerability
5.49 No vulnerabilities have been recorded for this site as such. The Natura 2000 Standard data Form for the site states:
Vegetated sea cliffs range from vertical cliffs in the north with scattered vegetated ledges, to the Magnesian limestone grassland slopes of the south. Parts of the site are managed as National Nature Reserve, and plans provide for the non-interventionist management of the vegetated cliffs. The majority of the site is in public ownership and an agreed management plan is being developed to protect nature conservation interests.
5.50 It is assumed that the management plan referred to is the Durham Heritage Coast Management Plan.
Key Environmental Conditions
5.51 The key environmental conditions required to support site integrity comprise the following:
Overall length and/or area of cliff habitat to be maintained taking into account natural variation
There should be no increase in area constrained by introduced structures or landforms
The range of physical conditions supporting the habitats, and the range of maritime grasslands and other communities should be maintained
There should be no further increase in species untypical of the communities that define the feature
Potential Effects of the Plan
Air Quality
5.52 The Conservation Status Assessment report related to the vegetated sea cliffs of the Atlantic and Baltic coasts states: (30)
Based on an assessment of relevant literature, this habitat is potentially sensitive to air pollution, but it has not been possible to undertake an assessment of potential impact based on critical loads because of the poor equivalence between this habitat and those for which critical loads are set.
30 Joint Nature Conservation Committee (2007) Second Report by the UK under Article 17 on the implementation of the Habitats Directive from January 2001 to December 2006. Peterborough: JNCC.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 53 5 Natura 2000 Sites
5.53 Accordingly, it was not possible to attain data from the UK Air Pollution Information System in respect of critical load values and levels for Durham Coast SAC. However, a precautionary approach to this matter has been taken and the impact of the Plan to Durham Coast SAC in respect of changes to air quality was considered and summarised below.
5.54 An increase in housing, employment and retail in the East of the County is considered likely to increase traffic on roads within 200 metres (the accepted distance below which air pollution from traffic is likely to be an issue) of Durham Coast SAC which will increase levels of nitrogen deposition. Furthermore, as Policy 53: Meeting the Need for Primary Aggregates and Policy 54: High Grade Dolomite do not exclude the potential re-commencement of inactive Magnesian Limestone Sites over the Local Plan period, potential significant adverse effects could occur as a result of dust emissions from Hawthorn Quarry. No other mineral sites were identified by the minerals bridging assessment as likely to effect Durham Coast SAC via this impact pathway.
Water Quality
5.55 The vegetation of Durham Coast SAC is maintained in part by localised flushing of calcareous water from surface and groundwater sources. Whilst the housing, employment and retail allocations within the Local Plan are not considered to directly affect water sources, an overall increase in hardstanding and pressure on the capacity of the sewer system could increase surface water run off affecting the quality of calcareous water sources. Furthermore, Policy 48: Provision of New Transport Infrastructure supports the safeguarding of land associated with a new rail station at Peterlee / Horden to serve the Durham Coast Rail Line. Whilst safeguarding of the rail station in itself will not give rise to adverse effects the construction of the station if and when determined could impact upon calcareous water sources.
5.56 In terms of minerals working, as Policy 53: Meeting the Need for Primary Aggregates and Policy 54: High Grade Dolomite do not exclude the potential re-commencement of inactive Magnesian Limestone Sites over the Local Plan period, potential significant adverse effects could occur as a result of recommencement of Hawthorn Quarry. Hawthorn Quarry is approximately 150 metres north of Hawthorn Burn which transects Durham Coast SAC. Any deterioration in water quality to this Burn as a result of quarry operations could lead to significant adverse effects on site integrity due to the water dependant nature of the SAC.
Hydrology
5.57 Changes to the supply of groundwater available to Durham Coast SAC may impact on site integrity as a result of reduced flushing of vegetation by calcareous water. The Water Cycle Study (31) concluded that there are sufficient water resources available to support the proposed levels of growth across County Durham due to Kielder Water which has sufficient spare resource. However, Kielder Water is not Northumbrian Water Ltd's only water resource; they also abstract groundwater from the Magnesian Limestone Aquifer. The Environment Agency has indicated that whilst there is currently water available there will be a move towards there being no water available during 2012.
5.58 Therefore, groundwater sources may not be a viable long term resource for Northumbrian Water Ltd. However, pressure for increased abstraction cannot be ruled out as groundwater in general is a more cost effective water supply since it requires less treatment and by being located close to the point of use minimises infrastructure requirement. Any increase in abstraction from the Magnesian Limestone aquifer has the potential to affect the supply of calcareous water to Durham Coast SAC.
31 Aecom County Durham Outline Water Cycle Study (2012)
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5.59 Further impact to the quantitative status of the Magnesian Limestone aquifer may be derived as a result of working of Magnesian Limestone quarries. Whilst the minerals bridging assessment concluded that continued working of active magnesian limestone quarries are unlikely to significantly affect groundwater supply Policy 53: Meeting the Need for Primary Aggregates and Policy 54: High Grade Dolomite do not exclude the potential re-commencement of inactive Magnesian Limestone Sites over the Local Plan period. The re-commencement of Hawthorn Quarry has the potential to affect groundwater supply if dewatering is required.
Land Take
5.60 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and of areas of land that may not be designated but support qualifying species. Whilst the proposed allocations and mineral sites relied upon will not result in land take it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
Recreational Pressure
5.61 Given the potential for this site to be used for recreational activity we are unable to conclude that new housing within 10 miles of the SAC (approximately 12,300 new houses) or tourism development that encourages access to Durham's coast will not contribute cumulatively and in combination with other plans and projects to recreational pressure on this site to a damaging degree through for example, increased trampling of habitat.
5.62 The 10 mile buffer zone was established through research presented in the supporting paper: Recreational and Urbanisation Impacts to define the recreational catchment of this area.
Urbanisation - Increased Predation
5.63 An increase in predation was not considered to be a potential impact pathway to Durham Coast SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on predation levels affecting this site were therefore not considered.
Urbanisation - Invasive Species
5.64 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal have the potential to affect the structure and function of qualifying habitat of Durham Coast SAC. Whilst management of several Local Nature Reserves and Local Wildlife Sites adjacent to the SAC (Figure 7) may help to prevent the spread of invasive species control measures within Local Plan policies are considered necessary.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 55 5 Natura 2000 Sites
Figure 7 Map showing countryside sites subject to management adjacent to designated SAC's and SPA's
Species Disturbance
5.65 An increase in disturbance was not considered to be a potential impact pathway to Durham Coast SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on disturbance levels affecting this site were therefore not considered.
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Ability to Adapt to Climate Change
5.66 The Local Plan could give rise to adverse effects if it contributes further to coastal squeeze thereby reducing the available habitat for qualifying species. Available habitat is already subject to gradual loss as a result of natural coastal retreat and climate change. Recommendations were made throughout previous HRA stages of the local plan to safeguard the area of land between the coast and the Durham Coast Rail Line from development as a result. Whilst policy 38: Durham Coast and Heritage Coast is a restrictive policy, at the time of screening it was not considered possible to screen it out. The policy was not considered to provide adequate safeguards to Northumbria Coast SPA and suggested amendments were recommended as detailed in Appendix H. Amendments have been made to the policy as a result.
5.67 Furthermore, the potential recommencement of Hawthorn quarry could act in combination with climate change impacts to increase the severity of effects in relation to supply of groundwater to Durham Coast SAC.
Screening Summary
5.68 Issues of air quality, water quality, hydrology, land take, recreational pressure, invasive species, 0climate change have all been considered in relation to potential impacts of the Local Plan on Durham Coast SAC. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SAC as a result of air quality, water quality, hydrology, recreational pressure, invasive species and climate change. These issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 11.
Table 11 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions, recreational pressure and urbanisation effects (invasive species). Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing and employment growth.
Policy 3: Quantity of New Increased population - potential to increase vehicle emissions, recreational Development pressure and urbanisation effects (invasive species) Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 4: Distribution of New Increased population - potential to increase vehicle emissions, recreational Development pressure and urbanisation effects (invasive species) Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 5: Durham City Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 6: Aykley Heads Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve employment growth.
Policy 7: Durham City Strategic Increased population - potential to increase vehicle emissions and recreational Housing Sites pressure. Potential for adverse hydrological effects if Northumbrian Water
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Policy Potential impact identified
increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 11: Other Strategic Increased population - potential to increase vehicle emissions, recreational Housing Sites pressure and urbanisation effects (invasive species) Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 12: Executive Housing Increased population - potential to increase vehicle emissions and recreational pressure. Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 14: Major Developed Increased population - potential to increase vehicle emissions and recreational Sites in the Greenbelt pressure. Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 15: Neighbourhood As Neighbourhood Plans are required to propose growth over and above that Planning and Infrastructure set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore recreational pressure and urbanisation / predatory effects. Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 20: Green Infrastructure Potential for negative effects if the type and design of green infrastructure within proximity to Natura 2000 sites is not compatible with qualifying species and/or supporting habitat. Provision of green infrastructure may indirectly increase recreational pressure to sites. Further potential for negative effects if alternative / diversion of PROW increases recreational pressure to sites.
Policy 23: General Employment Potential to increase vehicle emissions. Potential for adverse hydrological effects Sites if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve employment growth.
Policy 24: Specific Use Increased population - potential to increase vehicle emissions, recreational Employment Sites pressure and urbanisation effects (invasive species) due to mixed use devlopment proposed south of Seaham. Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve employment growth.
Policy 27: Tourist Attractions Policy is supportive of development that enhances the tourism potential of Durham's Heritage Coast - potential to increase recreational pressure and vehicle emissions
Policy 28: Tourist Potential to support accommodation e.g. Caravan sites in the vicinity of SAC Accommodation or functional land - potential for land take, increase in vehicle emissions, recreational pressure and urbanisation (invasive species)
Policy 30: Housing Land Increased population - potential to increase vehicle emissions, recreational Allocations pressure and urbanisation effects (invasive species). Potential for adverse hydrological effects if Northumbrian Water increase drinking water abstraction from the Magnesian Limestone Aquifer to serve housing growth.
Policy 33: Sites for Travellers Depending on whether new sites are required - locations may increase recreational pressure
Policy 35: Density of Increased population - potential to increase vehicle emissions, recreational Residential Development pressure and urbanisation effects
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Policy Potential impact identified
Policy 38: Durham Coast and Potential to support development that improves access and enjoyment of Heritage Coast Durham's Heritage Coast. Policy supports extending the Heritage Coast designation to include the area around Dene Mouth, Blackhall.
Policy 41: Biodiversity and The incorporation of measures to enhance biodiversity within or around Geodiversity development sites could potentially lead to adverse effects if not compatible with qualifying species / supporting habitat of Natura 2000 sites.
Policy 44: Historic Environment Potential to support development that promotes and increase access to heritage assets associated with Durham's Heritage Coast
Policy 48: Provision of New New station at Horden (as supported in part by this policy) could impact upon Transport Infrastructure water quality during construction and as a result of run off to Durham Coast SAC.
Policy 53: Meeting the Need for Potential air quality, water quality and hydrology impacts linked to Primary Aggregates recommencement of inactive Magnesian Limestone Sites
Policy 54: High Grade Dolomite Potential air quality, water quality and hydrology impacts linked to recommencement of inactive Magnesian Limestone Sites
5.69 Other plans and projects considered to act in combination with the Local Plan in terms of recreational pressure and potential impacts to water quality and hydrology include.
Durham County Council Local Transport Plan 3 2011 Paths for People, Rights of Way Improvement Plan for County Durham 2011-2014 County Durham Area Tourism Management Plan 2010 County Durham Infrastructure Delivery Plan English Coastal Path Project Hartlepool Borough Council Core Strategy Submission Draft 2012
Castle Eden Dene SAC
Introduction
5.70 Castle Eden Dene SAC was designated in April 2005 and covers an area of approximately 194 hectares. Castle Eden Dene SAC represents the most extensively northerly native occurrence of Taxus baccata; Yew woods in the UK. Extensive yew groves are found in association with Fraxinus-Ulmus; Ash-elm woodland and it is the only site selected for yew woodland on magnesian limestone in north-east England.
Qualifying Features
Taxus baccata woods of the British Isles; Yew-dominated woodland
Conservation Objectives
5.71 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.72 Subject to natural change, to maintain or restore:
Habitat Regulations Assessment of the County Durham Plan Preferred Options 59 5 Natura 2000 Sites
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
Condition Assessment
5.73 During the most recent Condition Assessment process, 6.79% of the component SSSI was classified as 'area favourable' and 93.21% was classified as 'area unfavourable recovering.' The status of the site has not changed between the condition assessments of 2011 and 2012 and no reason has been recorded for adverse condition. From examination of the UK Air Pollution Information System (32) it can be seen that the SAC is currently subject to poor air quality.
Table 12 Air Pollutants Affecting Castle Eden Dene SAC (red shading indicates exceedance of thresholds)
SAC/SPA APIS Grid ref Acid dep Ammonia N dep. (kg NOx Ozone SO2 Feature N dep. 3 3 Habitat (central (keq/ha/yr) (µg/m ) N/ha/year) (NO2 (ppb (µg/m most Critical point of m-) hours) sensitive load site) to N and ranges acid deposition
Castle Ash and NZ435397 2.90 0.6 44.5 6.9 2971 1.0 Habitats N ranges Eden yew Directive 10-20 kg Dene woodland Annex 1 – N/ha/year. SAC Taxus This AA baccata uses 10 woods
Vulnerability
5.74 No vulnerabilities have been recorded for this site as such. The Natura 2000 Standard data Form for the site states:
Yew woodlands are distributed throughout the site in a matrix of other woodland types. The site is managed as a National Nature Reserve and the Management Plan provides for regeneration of this special woodland type.
Key Environmental Conditions
5.75 The key environmental conditions required to support site integrity comprise the following:
No loss of ancient semi-natural stands
At least current area of recent semi-natural stands maintained, although their location may alter.
Woodland natural processes and structure / structural diversity maintained
32 APIS
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Natural regeneration to maintain canopy density over a 20 year period
Limited loss of native woodland species to non-native or other external factors (e.g. Pollution, eutrophication form run-off, disease)
Limited air pollution
Maintain species, habitats and structures characteristic to the site
Potential Effects of the Plan
Air Quality
5.76 As Castle Eden Dene SAC has been identified as already exceeding critical thresholds in respect of nitrogen and acid deposition any increase in these pollutants, however slight are considered likely to significantly affect site integrity. Castle Eden Dene SAC is directly adjacent to the A19 which is considered as a regional transport corridor. Housing, employment and retail growth proposed by the Local Plan and within the plans of other neighbouring authorities is likely to increase traffic volumes on the A19 and therefore vehicle emissions. Consideration to how other neighbouring authorities had tackled this issue was given to ensure that County Durham aligns with other neighbouring authorities in terms of tackling cross boundary issues. The HRA of other neighbouring authorities development plans also identified Castle Eden Dene SAC as vulnerable to air quality and recognised that their plans were likely to increase traffic volumes on the A19 and subsequent emissions. However, this issue was screened out by large by other neighbouring authorities by the following statement:
Although the SAC lies close to the A19, its extent runs from the A19 eastwards to the coast. Therefore, the effect on this site will be minimal.
5.77 Durham County Council did not consider that a sufficiently precautionary approach to this matter has been adopted by neighbouring authorities and as as result it was not considered possible to screen potential impacts out in relation to the growth proposed by the Local Plan and in combination with other plans and projects.
5.78 In terms of minerals working, the bridging assessment determined that the Local Plan was unlikely to significantly affect the integrity of Castle Eden Dene SAC as a result of dust emissions. However, intensification of existing magnesian limestone quarry working may be required over the Plan period which could result in increased HGV movement on the A19 to transport materials for processing and to markets.
Water Quality
5.79 Whilst Castle Eden Dene SAC is not considered to be water dependant, an issue of gullying and erosion as a result of surface water run off was identified. The housing, employment and retail allocations within the Local Plan will increase hardstanding and pressure on the capacity of the sewer system which could increase surface water run off exacerbating existing issues.
5.80 In terms of the capacity of the sewer system the Water Cycle Study (33) states:
33 Aecom County Durham Outline Water Cycle Study (2012)
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Northumbrian Water has not reviewed the ability of its sewerage infrastructure to accommodate the potential housing development. They advised that they are currently in the process of developing 108 hydraulic models to identify areas at risk of sewer flooding across their area. Approximately 20% of these are likely to cover parts of County Durham. The findings from this work are not expected to be available until December 2012. Consequently it is not possible at this time for the Water Cycle Study to determine if sewerage presents any constraints to growth across County Durham however, Northumbrian Water and Durham County Council will continue to liaise following the completion of the Water Cycle Study to ensure that any constraints identified in the sewerage networks are used to inform the planning process.
5.81 Continuous liaison and action as appropriate is considered imperative to ensuring that development in the Peterlee area will not exacerbate existing issues. This is particularly paramount as the Water Cycle Study identified an area to the north of Castle Eden Dene SAC that has been affected or is considered as at risk by some of the higher concentrations of hydraulic sewer flooding. Investment in the sewer system will potentially be required to avoid adverse effects.
5.82 In terms of minerals working, the bridging assessment undertaken determined that the continued working of quarry sites relied upon over the Local Plan period were unlikely to impact upon Castle Eden Dene SAC in terms of this issue.
Hydrology
5.83 Changes to hydrological conditions were not considered to be a potential impact pathway to Castle Eden Dene SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on hydrological systems in respect of this site were therefore not considered.
Land Take
5.84 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and of areas of land that may not be designated but support qualifying species. Whilst the proposed allocations and mineral sites relied upon will not result in land take it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
Recreational Pressure
5.85 Given the potential for this site to be used for recreational activity it was considered likely that the Local Plan would increase recreational pressure. However, as this site is also managed as a National Nature Reserve consideration was given to the significance of this issue due to existing management procedures. During the consultation process, Natural England confirmed that recreational pressure on Castle Eden Dene SAC is unlikely to be unmanageable given the existing management procedures and the nature of the SAC itself in limiting off-track activities. This issue was therefore screened out in respect of the impact of the Local Plan.
Urbanisation - Increased Predation
5.86 An increase in predation was not considered to be a potential impact pathway to Castle Eden Dene SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on predation levels affecting this site were therefore not considered.
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Urbanisation - Invasive Species
5.87 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal have the potential to affect the structure and function of qualifying habitat of Castle Eden Dene SAC. However, in the same vein as recreational impacts, the significance of this issue was screened out due to existing management procedures to control invasive species.
Species Disturbance
5.88 An increase in disturbance was not considered to be a potential impact pathway to Castle Eden Dene SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on disturbance levels affecting this site were therefore not considered.
Ability to Adapt to Climate Change
5.89 One of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (34) Accordingly, as issues relating to deterioration of air quality and erosion as a result of surface water run off cannot be screened out it is unlikely that the Local Plan will contribute positively to building capacity for the qualifying species of Castle Eden Dene SAC to adapt to climate change.
Screening Summary
5.90 Issues of air quality, water quality, land take, recreational pressure, invasive species and climate change have all been considered in relation to potential impacts of the Local Plan on Castle Eden Dene SAC. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SAC as a result of a deterioration in air quality and increased run off and potential sewer flooding. These issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 13.
Table 13 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions and surface water run off
Policy 3: Quantity of New Development Increased population - potential to increase vehicle emissions and surface water run off
Policy 4: Distribution of New Development Increased population - potential to increase vehicle emissions and surface water run off
Policy 11: Other Strategic Housing Sites Increased population - potential to increase vehicle emissions and surface water run off
Policy 15: Neighbourhood Planning and As Neighbourhood Plans are required to propose growth over and Infrastructure above that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore vehicle emissions and surface water run off
Policy 23: General Employment Sites Potential to increase vehicle emissions and surface water run off
34 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
Habitat Regulations Assessment of the County Durham Plan Preferred Options 63 5 Natura 2000 Sites
Policy Potential impact identified
Policy 24: Specific Use Employment Sites Potential to increase vehicle emissions and surface water run off
Policy 25: Retail Allocations Potential to increase vehicle emissions and surface water run off
Policy 26: Retail Hierarchy and Potential to increase vehicle emissions and surface water run off Development in Commercial Centres
Policy 27: Tourist Attractions Policy is supportive of development that enhances the tourism potential of Durham's Heritage Coast - potential to increase vehicle emissions
Policy 28: Tourist Accommodation Potential to support accommodation in East Durham - potential to increase vehicle emissions and surface water run off
Policy 30: Housing Land Allocations Increased population - potential to increase vehicle emissions and surface water run off
Policy 35: Density of Residential Increased population - potential to increase vehicle emissions and Development surface water run off
Policy 38: Durham Coast and Heritage Potential to support development that improves access and Coast enjoyment of Durham's Heritage Coast - potential to increase vehicle emissions.
5.91 Other plans and projects considered to act in combination with the Local Plan in terms of deterioration of air quality include:
Stockton on Tees Borough Council Core Strategy Hartlepool Borough Council Core Strategy Submission Draft 2012 Middlesbrough Borough Council Core Strategy 2008-2023 Middlesbrough Borough Council Regeneration Development Plan Document Sunderland City Council Core Strategy Preferred Options 2007 Sunderland City Council Allocations DPD South Tyneside Core Strategy 2006 Newcastle Gateshead: One Core Strategy 2030 Tyne and Wear Local Transport Plan 3 2011-2021 and associated Delivery Plan 2011-2014 County Durham Economic Strategy 2008-2013 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Seaham 2009
Thrislington SAC
Introduction
5.92 Thrislington SAC was designated in April 2005 and covers an area of approximately 23 hectares south of the village of West Cornforth. Thrislington SAC is a small site but nonetheless contains the largest of the few surviving stands of CG8 Sesleria albicans - Scabiosa columbaria grassland. This form of calcareous grassland is confined to the Magnesian Limestone of County Durham and Tyne and Wear. It now covers less than 200 hectares and is found mainly as small scattered stands.
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Qualifying Features
Semi-natural dry grasslands and scrubland facies: on calcareous substrates (Festuco-Brometalia); Dry grasslands and scrublands on chalk or limestone
Conservation Objectives
5.93 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.94 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
Condition Assessment
5.95 During the most recent Condition Assessment process, 100% of the component SSSI was classified as 'area favourable.' The status of the site has not changed between the condition assessments of 2011 and 2012. However, from examination of the UK Air Pollution Information System (35) it can be seen that the SAC is currently subject to poor air quality.
Table 14 Air Pollutants Affecting Thrislington SAC (red shading indicates exceedance of thresholds, amber shading indicates pollutants that are close to exceeding critical thresholds)
SAC/SPA APIS Grid ref Acid dep Ammonia N dep. (kg NOx Ozone SO2 Feature N dep. 3 3 Habitat (central (keq/ha/yr) (µg/m ) N/ha/year) (NO2 (ppb (µg/m most Critical point of m-) hours) sensitive to load site) N and acid ranges deposition
Thrislington Calcareous NZ317328 1.67 2 20.3 17.1 2009 1.0 Habitats N ranges SAC grassland Directive 15-25 kg Annex 1 – N/ha/year. Semi-natural this AA dry uses 15kg grasslands and scrubland facies: on calcareous substrates
Vulnerability
5.96 The conditions of these grasslands are dependent upon continuous management by seasonally-adjusted grazing and no fertiliser input. The site is a National Nature Reserve and management on these traditional lines is undertaken at the site.
35 APIS
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Key Environmental Conditions
5.97 The key environmental conditions required to support site integrity comprise the following:
No reduction in extent
Continuous management by seasonally-adjusted grazing
No fertiliser input
Control of invasive species
Control of over grazing
Limited air pollution
Potential Effects of the Plan
Air Quality
5.98 As Thrislington SAC has been identified as already exceeding critical thresholds in respect of nitrogen deposition any increase in this pollutant, however slight is considered likely to significantly affect site integrity. Thrislington SAC is located approximately 400 metres west of the A1(M). 200 metres is Natural England's accepted distance below which vehicle emissions are considered likely to be an issue. In this respect it was possible to screen out any significant impact to Thrislington SAC as a result of traffic growth on the A1(M) linked to increased traffic growth.
5.99 However, an unclassified road is within 200 metres of Thrislington SAC and a allocation of 291 houses to Ferryhill may increase use of this road. Whilst, use of this road is unlikely to increase significantly, as Thrislington SAC has already exceeded critical thresholds in respect of nitrogen deposition any increase in vehicle emissions, however small is considered likely to adversely affect integrity.
5.100 In terms of minerals working, the bridging assessment determined that the Local Plan was unlikely to significantly affect the integrity of Thrislington SAC as a result of vehicle or dust emissions. However, if the operator of Thrislington Quarry propose changes to the working method of the site over the Local Plan period it will be necessary to screen the new working methods for impact to adjacent Thrislington SAC and undertake appropriate assessment if required.
5.101 In terms of waste management provision it is important for the Local Plan to make provision for the sustainable management of waste arisings through a network of facilities, in line with the Waste Framework Directive and the principles of sustainable waste management. A proposal for a waste facility at Thrislington Quarry is the only waste management proposal to have been put forward by the waste industry as a potential allocation. The proposal is to manage a range of non-hazardous wastes as well as inert waste management activities (including recovery, recycling and composting and landfilling), with a potential capacity of 210,000 tpa.
5.102 Information from the applicant has been submitted but to date the proposal is still not specific in terms of the type and scale of development proposed, to the extent that would allow an adequate assessment, and demonstrate that any potential impacts or emissions from proposed waste operations at the site would not cause significant damage and undermine the integrity of Thrislington SAC, either alone or in combination with other plans and projects.
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5.103 An allocation at Thrislington Quarry is therefore not included within the Local Plan and a decision on this has been deferred to the Minerals and Waste Policies and Allocations DPD based upon the receipt of further information.
Water Quality
5.104 A deterioration in water quality as a potential consequence of the Local Plan is not considered to be a potential impact Pathway to Thrislington SAC as the site is not connected by surface water sources or dependent on groundwater sources. The Local Plan is also unlikely to significantly increase areas of hardstanding or increase pressure on sewer systems in the villages closest to the site in terms of affecting surface water run off.
Hydrology
5.105 Natural England's Management Plan for Thrislington National Nature Reserve states:
Hydrological surveys carried out by Redland aggregates (now Lafarge) show that the water table is at 94 metres AOD relative to a land surface at 131 metres AOD. Flow is from northeast to southwest suggesting that even at the surface, water flow from external sources will not affect the site. Water table changes are unlikely to affect surface vegetation.
5.106 The impact of the Local Plan on hydrological systems in respect of this site were therefore not considered.
Land Take
5.107 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and of areas of land that may not be designated but support qualifying species. Whilst the proposed allocations and mineral sites relied upon will not result in land take it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
Recreational Pressure
5.108 Given the potential for this site to be used for recreational activity it was considered likely that the Local Plan would increase recreational pressure as a result of an increased population. As this site is managed as a National Nature Reserve consideration was given to the significance of this issue in view of existing management procedures. However, due to the specific sensitivities of Thrislington SAC i.e. the vegetation composition and structure is at risk of being affected by increased nutrient inputs (dog walking) and general trampling, a precautionary approach to this site has been taken. Accordingly this issue was not screened out.
Urbanisation - Increased Predation
5.109 An increase in predation was not considered to be a potential impact pathway to Thrislington SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on predation levels affecting this site were therefore not considered.
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Urbanisation - Invasive Species
5.110 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal have the potential to affect the structure and function of qualifying habitat of Thrislington SAC. However, the significance of this issue was screened out due to existing management procedures to control invasive species. There is potential for the waste proposal at Thrislington Quarry to increase the spread of invasive species. However, as stated in section 5.101, this issue will be considered in more detail in the HRA accompanying the Minerals and Waste Policies and Allocations DPD.
Species Disturbance
5.111 An increase in disturbance was not considered to be a potential impact pathway to Thrislington SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on disturbance levels affecting this site were therefore not considered.
Ability to Adapt to Climate Change
5.112 One of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (36) Accordingly, as issues relating to deterioration of air quality and recreational pressure cannot be screened out it is unlikely that the Local Plan will contribute positively to building capacity for the qualifying species of Thrislington SAC to adapt to climate change.
Screening Summary
5.113 Issues of air quality, land take, recreational pressure, invasive species and climate change have all been considered in relation to potential impacts of the Local Plan on Thrislington SAC. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SAC as a result of a deterioration in air quality and recreational pressure. These issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 15.
Table 15 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions and recreational pressure
Policy 3: Quantity of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 4: Distribution of New Increased population - potential to increase vehicle emissions and Development recreational pressure
Policy 15: Neighbourhood Planning and As Neighbourhood Plans are required to propose growth over and Infrastructure above that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore vehicle emissions and recreational pressure
Policy 30: Housing Land Allocations Increased population - potential to increase vehicle emissions and recreational pressure
36 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
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Policy Potential impact identified
Policy 35: Density of Residential Increased population - potential to increase vehicle emissions and Development recreational pressure
Policy 53: Meeting the Need for Primary Potential to increase dust emissions - depending on whether the Aggregates working method of Thrislington quarry is revised over the Plan period
5.114 No other 'in combination' plans and projects were identified as having the potential to impact upon Thrislington SAC.
North Pennine Moors SAC and SPA
Introduction
5.115 The potential impact of the Local Plan on the North Pennine Moors SAC and the North Pennine Moors SPA were considered in combination as qualifying SPA species are largely reliant on the extent and distribution of qualifying SAC species. Any potential impact to the SAC was therefore also considered to have a knock on effect to the SPA. This section introduces both sites and identifies potential inter-related impacts.
5.116 North Pennine Moors SPA was designated in February 2001 and covers an area of approximately 147,246 hectares across the administrative boundaries of Cumbria, Durham, North Yorkshire and Northumberland. Approximately, 46,736 hectares of the designation (31.74%) is within County Durham's boundary across the former district areas of Teesdale and Weardale.
5.117 North Pennine Moors SAC was designated in April 2005 and covers an area of approximately 103,109 hectares across the administrative boundaries of Cumbria, Durham, North Yorkshire and Northumberland. Approximately, 29,293 hectares of the designation (28.41%) is within County Durham's boundary across the former district areas of Teesdale and Weardale.
5.118 The North Pennine Moors (along with the North York Moors) hold much of the upland heathland of northern England. At higher altitudes and to the wetter west and north of the site complex, the heaths grade into extensive areas of blanket bogs. The site is considered as supporting the major area of blanket bog in England. A significant proportion remains active with accumulating peat, although these areas are often bounded by sizeable zones of currently non-active bog, albeit on deep peat. The habitat of North Pennine Moors SAC supports breeding pairs of Hen harrier, Merlin, Peregrine falcon, European Golden plover, Dunlin and Eurasian curlew.
Qualifying Features
SAC
Northern Atlantic wet heaths with Erica tetralix: Wet heathland with cross-leaved heath European dry heaths Juniperus communis formations on heaths or calcareous grasslands; Juniper on heaths or calcareous grasslands Calaminarian grasslands of the Violetalia calaminariae; Grasslands on soils rich in heavy metals Siliceous alpine and boreal grasslands; Montane acid grasslands Semi-natural dry grasslands and scrubland facies: on calcareous substrates (Festuco-Brometalia); Dry grasslands and scrublands on chalk or limestone Blanket bogs Petrifying springs with tufa formation (Cratoneurion); Hard-water springs depositing lime
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Alkaline fens; Calcium-rich springwater-fed fens Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galepsietalia ladani); Acidic scree Calcareous rocky slopes with chasmophytic vegetation; Plants in crevices in base-rich rocks Siliceous rocky slopes with chasmophytic vegetation; Plants in crevices on acid rocks Old sessile oak woods with Ilex and Blechnum in the Bristish Isles; Western acidic oak woodland Saxifraga hirculus; Marsh saxifrage
SPA
Circus cyaneus; Hen harrier (Breeding) Falco columbarius; Merlin (Breeding) Falco peregrinus; Peregrine falcon (Breeding) Pluvialis apricaria; European golden plover (Breeding) Calidris alpina alpina; Dunlin (Breeding) Numenius arquata; Eurasian curlew (Breeding)
Conservation Objectives
SAC
5.119 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.120 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
SPA
5.121 Avoid the deterioration of the habitats of the qualifying features, and the significant disturbance of the qualifying features, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving the aims of the Birds Directive.
5.122 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function of the habitats of the qualifying features; The supporting processes on which the habitats of the qualifying features rely; The populations of the qualifying features; The distribution of the qualifying features within the site
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Condition Assessment
5.123 North Pennine Moors SAC and SPA comprises sixteen component SSSI's. During the most recent Condition Assessment process, 9.8% of the component SSSI's combined were classified as 'area favourable,' 89.22% were classified as 'unfavourable recovering,' 0.5% were classified as 'unfavourable no change' and 0.4% were classified as unfavourable declining.' Between the condition assessments of 2011 and 2012 the following sites have either improved or declined:
Appleby Fell SSSI - Improvement of 1.7% (170 ha) now classified as unfavourable recovering Moorhouse and Cross Fell SSSI - Decline of 2.68% (367 ha) now classified as unfavourable declining
5.124 From examination of the UK Air Pollution Information System (37) it can be seen that North Pennine Moors SAC and SPA is currently subject to poor air quality.
Table 16 Air Pollutants Affecting North Pennine Moors SAC and SPA (red shading indicates exceedance of thresholds, amber shading indicates pollutants that are close to exceeding critical thresholds)
SAC/SPA APIS Grid ref Acid dep Ammonia N dep. (kg NOx Ozone SO2 Feature N dep. 3 3 Habitat (central (keq/ha/yr) (µg/m ) N/ha/year) (NO2 (ppb (µg/m most Critical point of m-) hours) sensitive to load site) N and acid ranges deposition
North Upland SE137749 2.57 1 27.6 8.2 2286 1.2 N ranges Pennine heaths 10-20 kg Moors N/ha/year. SAC This AA uses 10
Raised SE137749 2.57 1 27.6 8.2 2286 1.2 Habitats N ranges bog Directive 5-10 kg and Annex 1 – N/ha/year. blanket Blanket This AA bogs Bogs uses 5
North Raised SE137749 2.11 0.5 23.2 6.9 2006 0.8 Threats to N Pennine bog the upland ranges Moors and moor habitat 5-10 kg SPA blanket on which N/ha/year. bog Pluvaris This AA apricaria uses 5 (Golden Plover) breeds and feeds
Vulnerability
5.125 All interest features have been affected by excessive livestock grazing levels across parts of the site. These have been, and are still, encouraged by headage payments, but agreements with graziers and moorland owners, including those in Wildlife Enhancement and Countryside Stewardship schemes, are starting to overcome the problems of overgrazing. In places, the difficulty of reaching agreements on commons, which cover much of the site, means that successes are limited at present, and continues to prevent restoration. Drainage of wet areas can also be a problem; drains have been cut across many areas of blanket bog, disrupting the hydrology and causing erosion, but in most parts these are being blocked and the habitat restored under agreements. Burning is a traditional management tool on these moorlands, which contributes to
37 APIS
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maintaining high populations of SPA breeding birds. However, over-intensive and inappropriate burning is damaging to heath and blanket bog and further agreements are needed with the landowners to achieve sympathetic burning regimes. Restoration, to some degree, of a mosaic of more natural habitats across parts of the site is desirable. Acid and nitrogen deposition continue to have damaging effects on the site. Recreational acitivity may also be problematic.
Key Environmental Conditions
5.126 The key environmental conditions required to support site integrity comprise the following:
SAC
Control of grazing
Appropriate moorland management including management of scrub/tree/bracken encroachment
Limited air pollution
No drainage of wet areas - maintenance of wet areas
Maintenance of water quality - organics/silt form physical disturbance
Limited erosion by human impacts (e.g. Recreation)
Very little peat extraction (no mechanised extraction)
SPA
No loss of area of habitat
Grazing to maintain suitable moorland
Control of erosion and peat extraction
Diversity, age and structure of vegetation
Food availability (birds, day flying moths, small mammals, soil and ground surface invertebrates)
Open landscape
Lack of disturbance and persecution (moor burning, vehicles, stock, dogs and walkers)
Potential Effects of the Plan
Air Quality
5.127 As the North Pennine Moors SAC and SPA has been identified as exceeding critical thresholds in respect of nitrogen and acid deposition any increase in these pollutants, however slight is considered likely to significantly affect site integrity. Whilst the Local Plan is unlikely to lead to a significant proportion of new traffic growth in West Durham due to the number of allocations
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on its own (38) a precautionary standpoint has been taken with due regard to the potential cumulative impact of increased tourism and associated vehicles to this area. Roads in West Durham within 200 metres of the North Pennine Moors SAC and SPA include:
The B6278 between Eggleston and Edmundbyers The B6277 between Bowlees and Harwood The B6276 between Thringarth and Lune Head The A66 between Bowes and Bowes Moor An unclassified road between Stanhope and Rookhope
5.128 In terms of minerals working, a number of quarries exist in the area with several sites being located within or adjacent to the North Pennine Moors SAC and SPA. The bridging assessment determined that the following active, inactive and dormant sites have the potential to impact upon the SAC and SPA as a result of vehicle emissions associated with haulage and / or dust emissions associated with blasting if working at the sites were to either continue or re-commence over the Local Plan period:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) Bollihope Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
Water Quality
5.129 The North Pennine Moors SAC and SPA is water dependant and sensitive to changes to water quality. Whilst the Local Plan is unlikely to significantly increase run off or sewage flooding due to the location and level of development allocated to the West of the County it was considered necessary to build in additional safeguards into policy in respect of non-mains sewerage.
5.130 West Durham is a rural and relatively remote area of County Durham and in some circumstance there is no public sewer system to connect to. In such circumstances alternative means of disposing of wastewater are required, such as cess pits and septic tanks. Whilst individually such methods of disposal may pose little risk to surface or groundwater quality, the cumulative impact of lots of such schemes could be detrimental to the SAC or SPA in the long term.
5.131 Accordingly, Policy 46: Water Environment was amended to restrict the use of Cess Pits and prioritise the use of package treatment plants to septic tanks.
5.132 In terms of minerals working, a number of quarries exist in the area with several sites being located within or adjacent to the North Pennine Moors SAC and SPA. The bridging assessment determined that the following active, inactive and dormant sites have the potential to impact upon the SAC and SPA as a result of surface and groundwater contamination if working at the sites were to either continue or re-commence over the Local Plan period:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Greenfield Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant)
38 A total of 534 houses have been allocated between the settlements of Barnard Castle, Middleton-in-Teesdale, Cockfield and Wolsingham
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Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
Hydrology
5.133 The North Pennine Moors SAC and SPA is vulnerable to changes in groundwater supply particularly in respect of blanket bog drying up. Whilst the Local Plan does not allocate or promote remote rural developments needing their own water supply and thus requiring an abstraction borehole or spring, the minerals bridging assessment identifies a number of active, inactive and dormant sites that have the potential to affect groundwater supply if working at the sites were to either continue or re-commence over the Local Plan period. These include:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive)(39) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Greenfield Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant) Whitehills Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
Land Take
5.134 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and SPA and of areas of land that may not be designated but may support qualifying species as identified by the Mapping Sensitive Areas for Birds Report.(40) None of the housing allocations within the Local Plan will result in land take from the SAC or SPA either directly or as a result of loss of functional land. However, it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
5.135 In terms of minerals working, a number of quarries exist in the area with several sites being located within or adjacent to the North Pennine Moors SAC and SPA. The bridging assessment determined that the following active, inactive and dormant sites have the potential to impact upon the SAC and SPA as a result of either direct land take or land take of areas that may constitute functional land if working at the sites were to either continue or re-commence over the Local Plan period:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive)(41) Bollihope Quarry (Carboniferous Limestone - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Middleton Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
5.136 Several other dormant sites including Parson Byers Quarry, Greenfield Quarry, Carriers Hill Quarry and Puddingthorn Quarry were also identified as supporting species of Curlew. However, this issue was not considered likely to give rise to significant adverse effects given the availability of alternative habitat in the North Pennines.
39 This site would require the agreement of new working and restoration conditions prior to recommencement 40 E3 Ecology Ltd: Mapping Sensitive areas for birds within Stockton and Five Districts of County Durham (2009) 41 This site would require the agreement of new working and restoration conditions prior to recommencement
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Recreational Pressure
5.137 Given the potential for the North Pennine Moors to be used for recreational activity we are unable to conclude that new housing within 36 miles of the SAC or SPA or tourism development that encourages access to the North Pennine Moors will not contribute cumulatively and in combination with other plans and projects to recreational pressure on this site to a damaging degree. An increase in recreational use of the Moors can be detrimental to the ecology of the area, with many existing routes used by walkers, cyclists and horse-riders, traversing habitats which are very sensitive to such pressure. Increased use of all-terrain vehicles for recreational agricultural and sporting activities could also result in local erosion. Increased recreational pressure also has the potential to increase levels of disturbance to qualifying SPA species which may affect breeding success. Maps showing the SAC and SPA in relation to existing PROW can be viewed in Appendix F.
5.138 The 36 mile recreational catchment was identified by Natural England's Site Report for the North Pennine AONB in respect of average visitor travelling distance to Cow Green reservoir (within Moor House Upper Teesdale SAC). (42) 36 miles is the furthest average travelling distance to popular visitor locations in Teesdale and has been extrapolated as a precautionary measure to apply to all Natura 2000 site designations in Teesdale and Weardale.
Urbanisation - Increased Predation
5.139 Whilst the North Pennine Moors SPA would be vulnerable to increased levels of predation it was determined that the the Local Plan is unlikely to significantly affect the integrity of the SPA via this impact pathway. No housing allocation in West Durham are within 400 metres (43) of the SPA and a low level of development (169 houses) is proposed over the Plan period to the settlements in closest proximity to the SPA. Both of these settlements (Wolsingham and Middleton-in-Teesdale) are also physically separated from the North Pennine Moors SPA by the River Wear.
Urbanisation - Invasive Species
5.140 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal have the potential to affect the structure and function of qualifying habitat of North Pennine Moors SAC. However, the significance of this issue was screened out due to the low levels of growth proposed to settlements in closest proximity to the SAC over the Local Plan period.
Species Disturbance
5.141 In addition to species disturbance as a result of increased recreational pressure, consideration was given to the potential impact of noise and vibration levels to qualifying SPA species from minerals working required to meet Plan policy. A number of quarries exist in the area with several sites being located within or adjacent to the North Pennine Moors SAC and SPA. The bridging assessment determined that the following active, allocated, inactive and dormant sites have the potential to impact upon the SPA as a result of noise levels affecting feeding, roosting and breeding success if working at the sites were to either continue or re-commence over the Local Plan period:
Proposed western extension to Heights Quarry (Carboniferous Limestone - Allocated Site) Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive)(44)
42 Natural England Site Report: North Pennines AONB (2009) 43 Turner and Meister (1988) found the mean range of cats to be 371 metres 44 This site would require the agreement of new working and restoration conditions prior to recommencement
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Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Force Garth (Dolerite - Active)
5.142 Increased disturbance to qualifying SPA species as a result of minerals working has the potential to result in cumulative effects in combination with disturbance of species as a result of increased recreational pressure.
5.143 The Local Plan does not provide for any allocations governing the location of renewable energy schemes that can also disturb qualifying species (and affect air quality in respect of biomass schemes). However, policies governing renewable energy development were considered to incorporate adequate safeguards to avoid adverse effects to the SPA over the Plan period.
Ability to Adapt to Climate Change
5.144 One of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (45) Accordingly, as issues relating to deterioration of air quality, water quality, hydrology, land take, recreational pressure and species disturbance cannot be screened out it is unlikely that the Local Plan will contribute positively to building capacity for the qualifying species of North Pennine Moors SAC and SPA to adapt to climate change. Potential hydrological impacts could increase the severity of climate change effects.
Screening Summary
5.145 Issues of air quality, water quality, hydrology, land take, recreational pressure, urbanisation impacts, species disturbance and climate change have all been considered in relation to potential impacts of the Local Plan on North Pennine Moors SAC and SPA. At this stage, only impacts in relation to urbanisation effects can be screened out. All other issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 17.
Table 17 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions and recreational pressure
Policy 3: Quantity of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 4: Distribution of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 15: Neighbourhood Planning and As Neighbourhood Plans are required to propose growth over and Infrastructure above that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore vehicle emissions and recreational pressure
Policy 27: Tourist Attractions Potential to increase vehicle emissions and recreational pressure
45 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
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Policy Potential impact identified
Policy 28: Tourist Accommodation Potential to increase vehicle emissions and recreational pressure
Policy 30: Housing Land Allocations Increased population - potential to increase vehicle emissions and recreational pressure
Policy 53: Meeting the Need for Primary Range of impacts relating to air quality, water quality, hydrology, Aggregates land take and species disturbance
Policy 57: Natural Building and Roofing Range of impacts relating to air quality, water quality, hydrology, Stone land take and species disturbance
Policy 59: Strategic Site Allocation West of Species disturbance Heights Quarry
5.146 Other plans and projects considered to act in combination with the Local Plan in terms of increasing recreational pressure, vehicle emissions and forms of disturbance include:
County Durham Economic Strategy 2008-2013 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Stanhope 2009 North East England Regional Renewable Energy Strategy 2005 (North East Assemby, TNEI) North Yorkshire County Council Minerals and Waste Site Allocations and Development Plan Policies
North Pennine Dales Meadows SAC
Introduction
5.147 The North Pennine Dales Meadows SAC was designated in April 2005 and comprises a total area of approximately 497 hectares. Individual designated sites are located across the administrative boundaries of Cumbria, Durham, North Yorkshire, Northumberland and Lancashire. Approximately, 139 hectares of the designation (27.89%) is within County Durham's boundary and is comprised of ten individual sites across the former district areas of Teesdale and Weardale. The sites are located as follows:
Lanehead - Weardale Burnhope Reservoir - Weardale Snowhope Moor - Weardale Bowlees (two sites) - Teesdale Dent Bank - Teesdale Grassholme Reservoir - Teesdale Hury Reservoir - Teesdale Blackton Reservoir - Teesdale Grains O' th' Beck - Teesdale
5.148 The series of isolated fields that comprise this SAC encompass the range of variation exhibited by Mountain hay meadows in the UK and contains the major part of the remaining UK resources of this habitats type. The grasslands included within the SAC exhibit very limited effects of agricultural improvement and show good conservation of structure and function. A wide range of rare and local meadow species are contained within the meadows.
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Qualifying Features
Molinia meadows on calcareous, peaty or clayey-slit laden soils (Molinion caeruleae); Purple moor-grass meadows Mountain hay meadows
Conservation Objectives
5.149 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.150 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
Condition Assessment
5.151 The North Pennine Dales Meadows SAC comprises nine component SSSI's. During the most recent Condition Assessment process, 77% of the component SSSI's combined were classified as 'area favourable,' 18% were classified as 'unfavourable recovering,' and 5% were classified as 'unfavourable no change.' The status of the SSSI's have not changed between the condition assessments of 2011 and 2012 and no reason has been recorded for adverse condition.
5.152 However, from examination of the UK Air Pollution Information System (46) it can be seen that North Pennine Dales Meadows SAC is currently subject to poor air quality.
Table 18 Air Pollutants Affecting North Pennine Dales Meadows SAC (red shading indicates exceedance of thresholds, amber shading indicates pollutants that are close to exceeding critical thresholds)
SAC/SPA APIS Grid ref Acid dep Ammonia N dep. (kg NOx Ozone SO2 Feature N dep. 3 3 Habitat (central (keq/ha/yr) (µg/m ) N/ha/year) (NO2 (ppb (µg/m most Critical point of m-) hours) sensitive load site) to N and ranges acid deposition
North Unimproved NY931256 2.07 0.8 23.1 7.1 1849 0.8 Habitats N ranges Pennine Hay Directive 10-20 kg Dales meadow Annex 1 – N/ha/year. Meadows Mountain This AA SAC Hay uses 10 Meadows
46 APIS
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Vulnerability
5.153 These grasslands are dependent upon traditional agricultural management, with hay-cutting and no or minimal use of agrochemicals. Such management is no longer economic. Management agreements and ESA payments are being used to promote the continuation of traditional management. The refining of the prescriptions underpinning these schemes in the light of the findings of monitoring programmes is an important, continuing, part of delivering favourable condition.
Key Environmental Conditions
5.154 The key environmental conditions required to support site integrity comprise the following:
No reduction in area and any consequent fragmentation
Appropriate management (grasslands are dependent upon traditional agricultural management, with hay cutting)
No exposure to inorganic fertilisers and pesticides
Limited air pollution
Potential Effects of the Plan
Air Quality
5.155 As the North Pennine Dales Meadows SAC has been identified as exceeding critical thresholds in respect of nitrogen deposition any increase in this pollutant, however slight is considered likely to significantly affect site integrity. Whilst the Local Plan is unlikely to lead to a significant proportion of new traffic growth in West Durham due to the number of allocations on its own (47) a precautionary standpoint has been taken with due regard to the potential cumulative impact of increased tourism and associated vehicles to this area. Roads in West Durham within 200 metres of the North Pennine Dales Meadows SAC include:
The B6276 between Nettlepot and Grains O' th' Beck The B6277 between Dent Bank and Langdon Beck The A689 between Cowshill and Lanehead The B6295 between Cowshill and Allenheads Unclassified road to Holwick Unclassified road between Hury and Balder Head
5.156 In terms of minerals working, a number of quarries exist in the area with several sites being located in close proximity to the SAC designations near Holwick, Dent Bank and Bowlees in Teesdale. The bridging assessment determined that the following active and dormant sites have the potential to impact upon the SAC as a result of vehicle emissions associated with haulage and / or dust emissions associated with blasting if working at the sites were to either continue or re-commence over the Local Plan period:
Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant)
47 A total of 534 houses have been allocated between the settlements of Barnard Castle, Middleton-in-Teesdale, Cockfield and Wolsingham
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Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
Water Quality
5.157 The North Pennine Dales Meadows SAC is vulnerable to nutrient enrichment which may predominantly arise as a result of agricultural activities and run off from surrounding fields and tributaries. Whilst the Local Plan is unlikely to significantly increase run off or sewage flooding due to the location and level of development allocated to the West of the County it was considered necessary to build in additional safeguards into policy in respect of non-mains sewerage to avoid adverse in-combination impacts as a result of agricultural practises.
5.158 West Durham is a rural and relatively remote area of County Durham and in some circumstance there is no public sewer system to connect to. In such circumstances alternative means of disposing of wastewater are required, such as cess pits and septic tanks. Whilst individually such methods of disposal may pose little risk to water quality, the cumulative impact of lots of such schemes could be detrimental to the SAC in the long term.
5.159 Accordingly, Policy 46: Water Environment was amended to restrict the use of Cess Pits and prioritise the use of package treatment plants to septic tanks.
5.160 The minerals bridging assessment screened out any adverse impact to water quality as a result of continued working or potential recommencement of dormant quarry sites in the area.
Hydrology
5.161 The North Pennine Dales Meadows SAC is designated for its Molinia meadows belonging to the wet meadow community and may potentially be affected by changes in water supply. However, the Local Plan does not allocate or promote remote rural developments needing their own water supply thus requiring an abstraction borehole or spring and the minerals bridging assessment screened out any impact to this SAC as a consequence of continued working or potential recommencement of inactive and dormant quarry sites over the Plan period.
Land Take
5.162 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and of areas of land that may not be designated but may support qualifying species. None of the housing allocations within the Local Plan will result in land take from the SAC either directly or as a result of loss of functional land. However, it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
5.163 In terms of minerals working, the continued working or potential re-commencement of quarry site in West Durham will not result in land take from the SAC.
Recreational Pressure
5.164 Given the potential for the North Pennine Moors area to be used for recreational activity we are unable to conclude that new housing within 36 miles of the SAC or tourism development that encourages access to the North Pennine Moors will not contribute cumulatively and in combination with other plans and projects to recreational pressure on the North Pennine Dales Meadows SAC to a damaging degree as a result of increased trampling. PROW including the Pennine Way National Trail transect several of the designated sites. Maps showing the SAC sites in relation to existing PROW can be viewed in Appendix F.
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5.165 The 36 mile recreational catchment was identified by Natural England's Site Report for the North Pennine AONB in respect of average visitor travelling distance to Cow Green reservoir (within Moor House Upper Teesdale SAC). (48) 36 miles is the furthest average travelling distance to popular visitor locations in Teesdale and has been extrapolated as a precautionary measure to apply to all Natura 2000 site designations in Teesdale and Weardale.
Urbanisation - Increased Predation
5.166 An increase in predation was not considered to be a potential impact pathway to the North Pennine Dales Meadows SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on predation levels affecting these sites were therefore not considered.
Urbanisation - Invasive Species
5.167 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal may have the potential to affect the structure and function of qualifying habitat of the North Pennine Dales Meadows SAC. However, the significance of this issue was screened out due to the low levels of growth proposed to West Durham over the Local Plan period and the remoteness of the SAC sites from existing settlements.
Species Disturbance
5.168 An increase in disturbance was not considered to be a potential impact pathway to the North Pennine Dales Meadows SAC due to the nature of the SAC in respect of its qualifying features, habitat, vulnerabilities and key environmental conditions. The impact of the Local Plan on disturbance levels affecting this site were therefore not considered.
Ability to Adapt to Climate Change
5.169 One of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (49) Accordingly, as issues relating to deterioration of air quality and recreational pressure cannot be screened out it is unlikely that the Local Plan will contribute positively to building capacity for the qualifying species of the North Pennine Dales Meadows SAC to adapt to climate change.
Screening Summary
5.170 Issues of air quality, water quality, land take, recreational pressure, invasive species and climate change have all been considered in relation to potential impacts of the Local Plan on North Pennine Dales Meadows SAC. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SAC as a result of a deterioration in air quality and increased recreational pressure. These issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 20.
Table 19 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions and recreational pressure
48 Natural England Site Report: North Pennines AONB (2009) 49 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
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Policy Potential impact identified
Policy 3: Quantity of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 4: Distribution of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 15: Neighbourhood Planning and As Neighbourhood Plans are required to propose growth over and Infrastructure above that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore vehicle emissions and recreational pressure
Policy 27: Tourist Attractions Potential to increase vehicle emissions and recreational pressure
Policy 28: Tourist Accommodation Potential to increase vehicle emissions and recreational pressure
Policy 30: Housing Land Allocations Increased population - potential to increase vehicle emissions and recreational pressure
Policy 53: Meeting the Need for Primary Range of impacts relating to air quality, water quality, hydrology, land Aggregates take and species disturbance
Policy 57: Natural Building and Roofing Range of impacts relating to air quality, water quality, hydrology, land Stone take and species disturbance
5.171 Other plans and projects considered to act in combination with the Local Plan in terms of increasing recreational pressure and vehicle emissions include:
County Durham Economic Strategy 2008-2013 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Stanhope 2009
Moor House Upper Teesdale SAC
Introduction
5.172 The potential impact of the Local Plan on Moor House Upper Teesdale SAC and the North Pennine Moors SPA were considered in combination as qualifying SPA species are largely reliant on the extent and distribution of qualifying SAC species. Any potential impact to the SAC was therefore also considered to have a knock on effect to the SPA. The North Pennine Moors SPA is described in Sections 5.115 to 5.126 and this section identifies potential inter-related impacts.
5.173 Moor House Upper Teesdale SAC was designated in April 2005 and comprises a total area of approximately 38,796 hectares across the administrative boundaries of Cumbria and Durham. Approximately, 18,622 hectares of the designated area (48%) is within County Durham's boundary in the former district area of Teesdale.
5.174 Moor House Upper Teesdale has the most extensive area of Alpine and Boreal Heaths south of Scotland and has the most extensive area of juniper scrub in the UK. The summit of Cross Fell has the best developed and most extensive area of Siliceous alpine and boreal grassland in England. The site includes the least damaged and most extensive tracts of typical blanket mire in England and shows this community type up to its highest altitude in England.
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Qualifying Features
Hard oligo-mesotrophic waters with benthic vegetation of Chara spp; Calcium-rich nutrient-poor lakes, lochs and pools. European dry heaths Alpine and Boreal heaths; Alpine and subalpine heaths Juniperus communis formations on heaths or calcareous grasslands; Juniper on heaths or calcareous grasslands Calaminarian grasslands of the Violetalia calaminariae; Grasslands on soils rich in heavy metals Siliceous alpine and boreal grasslands; Montane acid grasslands Semi-natural dry grasslands and scrubland facies: on calcareous substrates (Festuco-Brometalia); Dry grasslands and scrublands on chalk or limestone Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae); Purple moor-grass meadows Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels Mountain hay meadows Blanket bogs Petrifying springs with tufa formation (Cratoneurion); Hard-water springs depositing lime Alkaline fens; Base rich fens Alpine pioneer formations of the Caricion bicoloris-atrofuscae; High-altitude plant communities associated with areas of water seepage Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani); Acidic scree Calcareous and calcshist screes of the montane to alpine levels (Thlaspietea rotundifolii); Base rich scree Calcareous rocky slopes with chasmophytic vegetation; Plants in crevices in base-rich rocks Siliceous rocky slopes with chasmophytic vegetation; Plants in crevices on acid rocks Limestone pavements Vertigo genesii; Round-mouthed whorl snail Saxifraga hirculus; Marsh saxifrage
Conservation Objectives
5.175 Avoid the deterioration of the habitats of the qualifying natural habitats and the habitats of qualifying species and the significant disturbance of those qualifying species, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving Favourable Conservation Status of each of the qualifying features.
5.176 Subject to natural change, to maintain or restore:
The extent and distribution of the habitats of the qualifying features; The structure and function (including typical species) of qualifying natural habitats and habitats of qualifying species The supporting processes on which qualifying natural habitats and habitats of qualifying species rely; The populations of the qualifying species; The distribution of the qualifying species within the site.
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Condition Assessment
5.177 Moor House Upper Teesdale SAC comprises four component SSSI's. During the most recent Condition Assessment process, 8% of the component SSSI's combined were classified as 'area favourable,' 90% were classified as 'unfavourable recovering,' 1.4% were classified as 'unfavourable no change' and 0.6% were classified as unfavourable declining.' Between the condition assessments of 2011 and 2012 the following sites have either improved or declined:
Appleby Fell SSSI - Improvement of 1.7% (170 ha) now classified as unfavourable recovering Moorhouse and Cross Fell SSSI - Decline of 2.68% (367 ha) now classified as unfavourable declining
5.178 From examination of the UK Air Pollution Information System (50) it can be seen that Moor House Upper Teesdale SAC is currently subject to poor air quality.
Table 20 Air Pollutants Affecting Moor House Upper Teesdale SAC (red shading indicates exceedance of critical thresholds)
SAC/SPA APIS Grid ref Acid dep Ammonia N dep. (kg NOx Ozone SO2 Feature N dep. 3 3 Habitat (central (keq/ha/yr) (µg/m ) N/ha/year) (NO2 (ppb (µg/m most Critical point of m-) hours) sensitive load site) to N and ranges acid deposition
Moor Alkaline NY799358 There is no 0.6 23.8 6.9 2237 0.7 N ranges House- fens & reed comparable 10-15 kg Upper beds acid critical N/ha/year. Teesdale load class This AA SAC uses 10
Unimproved NY799358 2.13 0.6 23.8 6.9 2237 0.7 N ranges hay 10-20 kg meadow N/ha/year. This AA uses 10
Montane NY799358 2.13 0.6 23.8 6.9 2237 0.7 Habitats N ranges heaths and Directive 5-15 kg scrubs Annex 1 – N/ha/year. Alpine and This AA Boreal uses 5 Heaths
Raised bog NY799358 2.13 0.6 23.8 6.9 2237 0.7 Habitats N ranges and blanket Directive 5-10 kg bogs Annex 1 – N/ha/year. Blanket This AA Bogs uses 5
Upland NY799358 2.13 0.6 23.8 6.9 2237 0.7 N ranges Heaths 10-20 kg N/ha/year. This AA uses 10
Calcareous NY799358 2.13 0.6 23.8 6.9 2237 0.7 N ranges grassland 15-25 kg N/ha/year. this AA uses 15kg
50 APIS
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Vulnerability
5.179 Ecologically unsustainable grazing, driven by agricultural support mechanisms, has had a deleterious effect on virtually all the Annex I habitats listed, to the extent that for some habitats it is difficult to make the necessary assessments of conservation structure and function required here. This serious problem has so far been very difficult to solve, requiring fundamental policy change as well as targeted local action. Some successes have been achieved however through Wildlife Enhancement Schemes geared at moorland and pasture, and through the ESA and Countryside Stewardship schemes, while issues impacting on meadows have been largely addressed through meadow schemes. Refining scheme prescriptions in the light of monitoring feedback is an important part of delivering favourable condition. Inappropriate burning and drainage of bogs also need tackling; much progress has been made on the latter through partnerships. Acid deposition and the microclimatic shifts stemming from reservoir construction may also have implications for the vegetation, as may increased access.
Key Environmental Conditions
5.180 The key environmental conditions required to support site integrity comprise the following:
No loss in extent through afforestation or human activities
No planting of conifers within the hydrological unit of blanket bog
No significant erosion associated with human impacts (e.g. Drainage, fires, peat extraction, livestock grazing, recreational activities or military training)
Limited air pollution
Limited burning
Adequate supply of water-limited drainage of wet areas
Control of grazing pressures
Potential Effects of the Plan
Air Quality
5.181 As Moor House Upper Teesdale SAC has been identified as exceeding critical thresholds in respect of acid and nitrogen deposition any increase in these pollutants, however slight is considered likely to significantly affect site integrity. Whilst the Local Plan is unlikely to lead to a significant proportion of new traffic growth in West Durham due to the number of allocations on its own (51) a precautionary standpoint has been taken with due regard to the potential cumulative impact of increased tourism and associated vehicles to this area. Roads in West Durham within 200 metres of the Moor House Upper Teesdale SAC include:
The B6277 between Ettersgill and Harwood Unclassified road between Newbiggin and Daddry Shield
51 A total of 534 houses have been allocated between the settlements of Barnard Castle, Middleton-in-Teesdale, Cockfield and Wolsingham
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5.182 In terms of minerals working, a number of active and dormant dolerite quarries exist either within or adjacent to Moor House Upper Teesdale SAC. The bridging assessment determined that the following active and dormant sites have the potential to impact upon the SAC as a result of vehicle emissions associated with haulage and dust emissions associated with blasting if working at the sites were to either continue or re-commence over the Local Plan period:
Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
Water Quality
5.183 Moor House Upper Teesdale SAC is water dependant and sensitive to changes to water quality. Whilst the Local Plan is unlikely to significantly increase run off or sewage flooding due to the location and level of development allocated to the West of the County it was considered necessary to build in additional safeguards into policy in respect of non-mains sewerage to avoid adverse in-combination impacts as a result of agricultural practises.
5.184 West Durham is a rural and relatively remote area of County Durham and in some circumstance there is no public sewer system to connect to. In such circumstances alternative means of disposing of wastewater are required, such as cess pits and septic tanks. Whilst individually such methods of disposal may pose little risk to water quality, the cumulative impact of lots of such schemes could be detrimental to the SAC in the long term.
5.185 Accordingly, Policy 46: Water Environment was amended to restrict the use of Cess Pits and prioritise the use of package treatment plants to septic tanks.
5.186 In terms of minerals working, the bridging assessment screened out any adverse impact to the SAC as a result of changes to water quality via the continued working of Force Garth Quarry but it was not possible to screen out adverse impact to groundwater as a result of potential recommencement of Middleton Quarry, Crossthwaite Quarry and Park End Quarry.
Hydrology
5.187 Moor House Upper Teesdale SAC is vulnerable to changes in groundwater supply particularly in respect of blanket bog drying up. Whilst the Local Plan does not allocate or promote remote rural developments needing their own water supply thus requiring an abstraction borehole or spring, the minerals bridging assessment identifies that existing active and dormant dolerite quarries have the potential to affect groundwater supply if working at the sites were to either continue or re-commence over the Local Plan period.
Land Take
5.188 The impact of the Local Plan on land take was considered in respect of direct land take from the SAC and of areas of land that may not be designated but may support qualifying species. None of the housing allocations within the Local Plan will result in land take from the SAC either directly or as a result of loss of functional land. However, it was considered that the Local Plan should include controls governing the location of development that may come forward over the Plan period.
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5.189 In terms of minerals working, the new working area identified by the operator of Force Garth Quarry would result in the loss of over 5ha of land designated as SAC. The potential recommencement of dormant dolerite sites may also result in land take from the SAC depending on proposals.
Recreational Pressure
5.190 Given the potential for the North Pennine Moors area to be used for recreational activity we are unable to conclude that new housing within 36 miles of Moor House Upper Teesdale SAC and North Pennine Moors SPA or tourism development that encourages access to the North Pennine Moors will not contribute cumulatively and in combination with other plans and projects to recreational pressure on this site to a damaging degree. An increase in recreational use of the Moors can be detrimental to the ecology of the area, with many existing routes used by walkers, cyclists and horse-riders, traversing habitats which are very sensitive to such pressure. Increased use of all-terrain vehicles for recreational agricultural and sporting activities could also result in local erosion. Increased recreational pressure also has the potential to increase levels of disturbance to qualifying SPA species which may affect breeding success. Maps showing the SAC and SPA in relation to existing PROW can be viewed in Appendix F.
5.191 The 36 mile recreational catchment was identified by Natural England's Site Report for the North Pennine AONB in respect of average visitor travelling distance to Cow Green reservoir (within Moor House Upper Teesdale SAC). (52) 36 miles is the furthest average travelling distance to popular visitor locations in Teesdale and has been extrapolated as a precautionary measure to apply to all Natura 2000 site designations in Teesdale and Weardale.
Urbanisation - Increased Predation
5.192 Whilst the North Pennine Moors SPA would be vulnerable to increased levels of predation it was determined that the the Local Plan is unlikely to significantly affect the integrity of the SPA via this impact pathway. No housing allocation in West Durham are within 400 metres (53) of the SPA and a low level of development (169 houses) is proposed over the Plan period to the settlements in closest proximity to the SPA. Both of these settlements (Wolsingham and Middleton-in-Teesdale) are also physically separated from the North Pennine Moors SPA by the River Wear.
Urbanisation - Invasive Species
5.193 Invasive species as a result of inappropriate planting linked to new development and inappropriate garden waste disposal may have the potential to affect the structure and function of qualifying habitat of Moor House Upper Teesdale SAC. However, the significance of this issue was screened out due to the low levels of growth proposed to West Durham over the Local Plan period and the remoteness of the SAC from existing settlements.
Species Disturbance
5.194 In addition to species disturbance as a result of increased recreational pressure, consideration was given to the potential impact of noise and vibration levels to qualifying SPA species from minerals working required to meet Plan policy.
52 Natural England Site Report: North Pennines AONB (2009) 53 Turner and Meister (1988) found the mean range of cats to be 371 metres
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5.195 A number of active and dormant dolerite quarries exist either within or adjacent to Moor House Upper Teesdale SAC and North Pennine Moors SPA. The bridging assessment determined that the following active, inactive and dormant sites have the potential to impact upon the SPA as a result of noise levels affecting feeding, roosting and breeding success if working at the sites were to either continue or re-commence over the Local Plan period:
Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
5.196 Increased disturbance to qualifying SPA species as a result of minerals working has the potential to result in cumulative effects in combination with disturbance of species as a result of increased recreational pressure.
5.197 The Local Plan does not provide for any allocations governing the location of renewable energy schemes that can also disturb qualifying species (and affect air quality in respect of biomass schemes). However, policies governing renewable energy development were considered to incorporate adequate safeguards to avoid adverse effects to the SPA over the Plan period.
Ability to Adapt to Climate Change
5.198 One of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (54) Accordingly, as issues relating to deterioration of air quality, water quality, hydrology, land take and recreational pressure cannot be screened out it is unlikely that the Local Plan will contribute positively to building capacity for the qualifying species of Moor House Upper Teesdale SAC to adapt to climate change.
Screening Summary
5.199 Issues of air quality, water quality, hydrology, land take, recreational pressure, invasive species and climate change have all been considered in relation to potential impacts of the Local Plan on North Pennine Dales Meadows SAC. At this stage, we cannot say that the Local Plan is unlikely to lead to significant adverse effects on the SAC as a result of a deterioration in air quality, water quality, hydrology, land take and increased recreational pressure. These issues will therefore require further investigation where necessary at the appropriate assessment stage and avoidance / mitigation measures will need to be developed. A summary of the policies considered likely to contribute to adverse effects is given in Table 22.
Table 21 Summary of Potential Impacts by Policy
Policy Potential impact identified
Policy 2: Spatial Approach Increased population - potential to increase vehicle emissions and recreational pressure
Policy 3: Quantity of New Development Increased population - potential to increase vehicle emissions and recreational pressure
Policy 4: Distribution of New Development Increased population - potential to increase vehicle emissions and recreational pressure
54 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
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Policy Potential impact identified
Policy 15: Neighbourhood Planning and As Neighbourhood Plans are required to propose growth over and Infrastructure above that set out in the Local Plan there is potential for neighbourhood plans to increase levels of growth and therefore vehicle emissions and recreational pressure
Policy 27: Tourist Attractions Potential to increase vehicle emissions and recreational pressure
Policy 28: Tourist Accommodation Potential to increase vehicle emissions and recreational pressure
Policy 30: Housing Land Allocations Increased population - potential to increase vehicle emissions and recreational pressure
Policy 53: Meeting the Need for Primary Range of impacts relating to air quality, water quality, hydrology and Aggregates land take.
5.200 Other plans and projects considered to act in combination with the Local Plan in terms of increasing recreational pressure and vehicle emissions include:
County Durham Economic Strategy 2008-2013 County Durham Area Tourism Management Plan 2010 Tourism Destination Plan for Stanhope 2009
Conclusions of the Screening Stage
5.201 Of the nine European protected sites considered as part of this report, the Local Plan Preferred Options could potentially affect all nine by a combination of impact pathways identified. The sites for which we are unable to conclude that there is unlikely to be significant effects as a result of the Local Plan are:
Northumbria Coast SPA and Ramsar (recreational pressure, predation and species disturbance) Teesmouth and Cleveland Coast SPA and Ramsar (recreational pressure, predation and invasive species) Durham Coast SAC (air quality, water quality, hydrology, recreational pressure, invasive species, adaptation to climate change) Castle Eden Dene SAC (air quality, water quality) Thrislington SAC (air quality, recreational pressure) North Pennine Moors SAC and SPA (air quality, water quality, hydrology, land take, recreational pressure, species disturbance, adaptation to climate change) North Pennine Dales Meadows SAC (air quality, recreational pressure) Moor House Upper Teesdale SAC (air quality, water quality, hydrology, land take, recreational pressure)
5.202 The issues identified therefore require further assessment (i.e. Appropriate Assessment) to help refine likely effects further and determine what action is required to either avoid or mitigate adverse impact. The Appropriate Assessment process along with its recommendations and conclusions is documented in section 6, with proposals for avoidance and mitigation set out in section 7.
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Introduction
6.1 When a plan or project cannot be 'screened out' as being unlikely to lead to significant adverse effects on Natura 2000 sites, it is necessary to progress to the later 'Appropriate Assessment' stage.
6.2 Those policies that could not be screened out are re-evaluated against the sites conservation objectives using the environmental conditions necessary to maintain the integrity of the European site and a conclusion is drawn as to whether it is possible on the basis of evidence available to quantify or refine likely effects any further.
6.3 We have utilised the precautionary principle in this assessment. In practice it means that the plan is never given the benefit of the doubt; we have therefore adopted the precautionary principle and assumed that an effect identified as 'likely' will result in an adverse effect unless it can be clearly established otherwise. This is in line with the use of the precautionary principle in other HRA's of land use plans and has been accepted by Natural England in previous assessments as pragmatic.
6.4 This section outlines and summarise the further evidence collected where required to refine likely effects further in respect of each of the impact pathways and European sites identified. The evidence is outlined in full in the supporting papers:(55)
A Study of Over-wintering Waterbirds of the Durham Coast (56) Nitrogen Deposition Implications of the Local Plan (57) Recreational and Urbanisation Impacts of the Local Plan (58) Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA (59)
Air Quality
6.5 The qualifying species of Castle Eden Dene SAC, Thrislington SAC, North Pennine Moors SAC, North Pennine Dales Meadows SAC and Moor House Upper Teesdale SAC are sensitive and may be vulnerable to atmospheric deposition. The key environmental conditions cited in support of site integrity include limited air pollution. Durham Coast SAC may be sensitive to atmospheric deposition despite it not being listed as a site vulnerability and a precautionary approach to this site has been taken as a result.
6.6 With the exception of Durham Coast SAC for which it was not possible to obtain information, all of the sites identified above within the County boundary currently exceed the critical load for Nitrogen, with acid deposition also a problem at Castle Eden Dene, Moor House Upper Teesdale, and the North Pennine Moors. Therefore as agreed by Natural England - any new source of pollution deposition is likely to exacerbate an existing adverse effect on these vulnerable sites.
6.7 The relationship between pollutant dose and the resulting environmental effect forms the basis for the critical load concept. The critical load is defined as:
55 Available to view on the Council's website at http://durhamcc-consult.limehouse.co.uk/portal/planning/lp/hra_cdp_po 56 Cadwallender, T, M, 2012 A Study of Over-wintering Waterbirds of the Durham Coast - December 2011-March 2012 Cadwallender Consultancy 57 Prepared by Durham County Council's Ecology Team: February 2012 58 Prepared by Durham County Council's Ecology Team: June 2012 59 Middlemarch Environmental Ltd Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA August 2012
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"A quantitative estimate of an exposure to one or more pollutants below which significant harmful effects on specified sensitive elements of the environment do not occur according to present knowledge." (60)
6.8 Nitrogen is the second most important plant nutrient behind carbon, and the productivity of terrestrial ecosystems is generally limited by nitrogen supply. However such communities exist in balance because their growth rates are contained by the level of available Nitrogen. Hence any increase in nitrogen deposition will be expected to exert a large impact on ecosystem biodiversity. Nitrogen deposition may cause changes to species composition, often including a reduction in species richness and a loss of sensitive ‘lower plants’; changes to soil microbial processes; changes to plant and soil biochemistry; increased susceptibility to abiotic stresses (such as winter injury) and biotic stresses (such as pests and pathogens); and it also contributes towards acidification.
6.9 The loading of Nitrogen in wet deposition will depend on the amount of precipitation and the amount of Nitrogen.(61)In the east, Nitrogen concentrations can be quite high due to the low rainfall, whereas in the west where the rainfall is much higher, the concentrations tend to be lower (62). Nitrogen emissions, however, are dominated by the output of vehicle exhausts (more than half of all emissions). The EU has been tightening emission standards on new vehicles through various phased Euro standards. However, the “lab based” theoretical improvements have not translated into the real world situation in the UK.
6.10 Higher vehicle numbers on the UK roads and the level of congestion means that the cars are performing worse in terms of national emissions than had been calculated. (63)Within a ‘typical’ housing development, by far the largest contribution to Nitrogen (92%) will be made by the associated road traffic. Other sources, although relevant, are of minor importance (8%) in comparison. Emissions of Nitrogen could therefore be reasonably expected to increase as a result of traffic growth linked to an increase in population, employment, retail, tourism growth and mineral working as supported by Local Plan policies (2,3,4,7,11,12,14,15,23,24,25,26,27,28,30,35,38,53 and 54) and in combination with traffic growth resulting from other plans and projects. In particular a significant proportion of new traffic growth on the A19 as a result of development supported by the Local Plan is anticipated. The A19 is directly adjacent to Castle Eden Dene SAC.
6.11 Whilst it is recognised that the Local Plan also needs to tackle the issue of general diffuse air pollution this cannot be addressed at the local level. Durham County Council is only responsible for avoiding the possible individual contribution of the Local Plan to the “in combination” effect not for mitigating the “in combination” effect in its totality.
6.12 In order to assess the significance of likely adverse effects of the Local Plan it was considered necessary to attain evidence in respect of the following question:
Is Nitrogen Deposition impacting upon County Durham's Natura 2000 sites?
60 http://www.unece.org/env/lrtap/WorkingGroups/wge/definitions.htm 61 Wet deposition refers to acidic rain, fog and snow. If the acid chemicals in the air are blown into areas where the weather is wet, the acids can fall to the ground in the form of rain, snow, fog or mist. As this acidic water flows over and through the ground, it affects a variety of plants and animals. 62 www.apis.ac.uk 63 Bareham Challenges to reducing the threat of nitrogen deposition to the Natura 2000 network across the UK and Europe (2011)
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6.13 Consideration was initially given to the Common Standard Monitoring (CSM) guidance used to assess the annual condition of SSSI's. These site condition assessments currently provide the only regular means of assessing the state of the component SSSI's within Natura 2000 sites.
6.14 However, CSM is not sensitive enough or designed to assess and attribute drivers of environmental change such as air pollution impacts. It is instead a very broad brush assessment of a sites designated features, which may not relate to the qualifying features of a European Site. In order to get a good understanding of cause and effect of air pollutants on site condition, a much more detailed assessment is required, along with a comparison between sites than is possible within the CSM framework.As a result a site may be:
reported as ‘favourable’, but air pollution is currently having an adverse impact (and monitoring is not ‘sensitive’ enough to detect); site reported as ‘favourable’, but air pollution likely to adversely effect in future (time lag in response); or site reported as ‘unfavourable’, and air pollution is a contributory cause, but it is not recorded as such.
6.15 It is therefore apparent that current monitoring assessments undertaken on component sites for County Durham's designated Natura 2000 sites are not conclusive enough in order to allow the Local Planning Authority to assess whether the nitrogen deposition is currently impacting on a European site’s integrity or not.
6.16 Consideration was then given to available site specific information to try to ascertain whether nitrogen deposition is impacting upon County Durham's Natura 2000 sites. It was only possible to attain information in relation to Thrislington SAC as summarised below:
Case Study: Thrislington SAC
In 2001 Natural England (then English Nature) undertook a detailed assessment of vegetation change at Thrislington Plantation NNR (SAC) (64) The assessment concluded that there was thought to be an increase in Bromus erecta and Brachypodium pinnatum (Tor grass) on the site. Possible causes were thought to be climate change and/or atmospheric deposition. It was recommended that further detailed monitoring should be undertaken to assess whether the current patches of the vegetation were increasing in size/spread, and whether management practices could influence this.
It is understood that no further detailed surveys/monitoring assessments have been undertaken on the site. (65). Whilst the current management plan for the site indicates both species are still present on site, there is no indication whether they have increased in extent/frequency since 2001.
It is well established empirically that tor grass reduces species diversity by competition and that its competitive ability is increased when nitrogen levels are increased but other nutrients are not. (66)
64 Report no.413. 2011. 65 Natural England pers. comm 66 Hurst A. 1997. Community dominance: an investigation into the competitivemechanisms in Brachypodium pinnatum, and possible methods for reducing its dominance on ancient chalk grassland. Unpublished DPhil thesis, University ofSussex.
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Grazing has been introduced as a means of suitable sensitive management on parts of Thrislington, and in particular Exmoor ponies are currently being used due to their ability to graze less palatable grass types. This may be containing the spread of the species, but without a detailed monitoring programme this cannot be ascertained.
The botanical assessment of Thrislington noted that the level of nitrogen deposited on Thrislington at the time (2001) was around 19-20kg/Nitrogen/ha/year. The current figures provided by APIS indicate a current level of 20.3kg/Nitrogen/ha/year on the site. This shows only a very slight change in the amount of deposition occurring on the site.
6.17 In respect of the uncertainties regarding the actual impact of nitrogen deposition on qualifying species it is recommended that further detailed monitoring of sites should be undertaken. As CSM is currently not sufficiently sensitive for detecting or attributing N deposition impacts on individual sites a new site based monitoring system for N deposition impacts should be developed. This should incorporate complete floristic monitoring of replicate permanent quadrats located at random within fixed areas (e.g. a habitat area as initially mapped) over a number of years. This assessment should also incorporate species cover estimates, and a measure of biomass productivity. This would enable an even more sensitive indication of N deposition impacts, and by taking simple soil measurements (eg. pH and total C/N ratio) this would be useful to produce niche models to generate site-specific lists of species at risk. The development of such a monitoring system is not seen as appropriate at a County level, but rather something which needs to be developed nationally and adopted by each region to ensure a uniform means of assessment.
6.18 However, this is not to say that the Local Plan cannot contribute to addressing the issue of nitrogen deposition as a result of traffic growth. Whilst avoidance of the impact is unlikely, mitigation measures can be introduced. These are discussed further in section 7.
Air Quality - Minerals Working
6.19 In addition to vehicle emissions, the following sites were identified as having the potential to be affected by dust emissions as a result of mineral working over the Plan period:
Durham Coast SAC Thrislington SAC North Pennine Moors SAC and SPA North Pennine Dales Meadows SAC Moor House Upper Teesdale SAC
6.20 Dust or particles falling onto plants can physically smother the leaves affecting photosynthesis, respiration, transpiration and leaf temperature. There may also be toxicity issues (caused by heavy metals particles) and potential changes in pH (particularly if the dust is alkaline (e.g. cement dust).
6.21 Due to uncertainties regarding which mineral sites may be worked in addition to active sites over the Plan period it was not considered possible to refine likely effects further. Accordingly avoidance and / or mitigation measures are proposed in section 7.
Water Quality
6.22 Of the water dependant Natura 2000 sites in County Durham, it was considered that the Local Plan has the potential to adversely affect surface and / or ground water quality affecting Durham Coast SAC, North Pennine Moors SAC and Moor House Upper Teesdale SAC.
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6.23 Durham Coast SAC was designated for its vegetated sea cliffs which are maintained in part by localised flushing of calcareous water. The North Pennine Moors SAC was designated in part for its wet heathland, blanket bogs, petrifying spring, alkaline fens and Marsh saxifrage. Moor House Upper Teesdale SAC was designated in part for its calcium-rich nutrient-poor lakes, lochs and pools, Molinia meadows belonging to the wet meadow community, blanket bogs, petrifying springs, alkaline fens, high-altitude plant communities associated with areas of water seepage and Marsh saxifrage. The conservation objectives for these sites is concerned with maintaining these features at favourable conservation status.
6.24 Many scarce aquatic plants and riparian habitats such as pools and fens are highly sensitive to the concentration of organic pollutants in the water which can both restrict their own growth and increase the growth of more competitive vegetation. The plants of the North Pennine Moors SAC and Moor House Upper Teesdale SAC provide habitat for which the qualifying species of the North Pennine Moors SPA rely. Therefore a change in the botanical composition of the site may also lead to a change in avian populations.
6.25 The Local Plan has the potential to increase surface water run off which can affect water quality serving designated sites as a result of an increase in areas of hardstanding and potential sewer flooding. The Local Plan can also impact on water quality through minerals working to meet policy requirements.
6.26 In general the North Pennine Moors SAC and Moor House Upper Teesdale SAC are less likely to be impacted by a deterioration of water quality as a result of surface water run off or sewer flooding due to the rural nature of the area and low levels of growth proposed by the Local Plan to West Durham. However, both of these sites could be impacted by the potential recommencement of inactive or dormant mineral sites. Durham Coast SAC was considered to be potentially impacted by both surface water run off and minerals working.
6.27 In addition to these sites, Castle Eden Dene SAC was identified as at risk of an increase in surface water run off. Whilst this SAC is not considered to be water dependent, gullying and erosion at this site is occurring as a result of existing levels of surface water run off.
6.28 Due to uncertainties regarding which mineral sites may be worked in addition to active sites over the Plan period and likely drainage direction from proposed development it was not considered possible to refine likely effects further. Accordingly, avoidance and / or mitigation measures are proposed in section 7.
Hydrology
6.29 Of the water dependant Natura 2000 sites in County Durham, it was considered that the Local Plan has the potential to adversely affect ground water supply required by Durham Coast SAC, North Pennine Moors SAC and Moor House Upper Teesdale SAC.
6.30 A reduction in groundwater supply to Durham Coast SAC could impact on site integrity as a result of reduced flushing of vegetation by calcareous water. A reduction in groundwater supply to North Pennine Moors SAC and Moor House Upper Teesdale SAC could result in the drying up of springs, blanket bog and loss of fen, heath and wet meadow habitat and species. The conservation objectives for these sites is concerned with maintaining these qualifying features at favourable conservation status.
6.31 The Local Plan has the potential to result in increased pressure for abstraction from the Magnesian Limestone Aquifer to serve housing growth in the South and East of the County which can reduce groundwater supply to Durham Coast SAC as could potential recommencement of inactive Magnesian Limestone Quarry sites over the Plan period.
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6.32 In terms of the Magnesian Limestone aquifer, this groundwater body has been classified as being at poor quantitative status and the Environment Agency have indicated that there will be a move towards no water available during 2012. The Wear Magnesian Limestone groundwater body has been classified as poor quantitative status due to abstraction pressures and reduced base flow to surface waters. The Northumbrian River Basin Management Plan indicates that the Environment Agency will carry out groundwater conceptual modelling to improve understanding of the aquifer and impact of poor quantitative status on ephemeral flows. (67) Unfortunately, it has not been possible to obtain the results of this research in order to gain a better understanding of how the quantitative status of the aquifer could impact on Durham Coast SAC in respect of groundwater supply to this site. Utilising the precautionary approach, it has therefore been assumed that poor quantitative status of the aquifer could impact on supply of groundwater for flushing of vegetation to the SAC.
6.33 In addition to Northumbrian Water, Hartlepool Water also has boreholes in the aquifer for water supply. Whilst the area served by Hartlepool Water is outside of County Durham many of its boreholes lie within County Durham in the River Skerne catchment. Hartlepool Water has no sources of water other than boreholes from the Magnesian Limestone aquifer and consequently local development plans for Hartlepool Borough Council have the potential to result in, in-combination effects.
6.34 Increased abstraction to serve housing development in West Durham is less likely to be an issue in respect of the North Pennine Moors SAC and Moor House Upper Teesdale SAC as the Plan does not allocate or promote remote rural developments needing their own water supply and thus requiring an abstraction borehole or spring. However, the minerals bridging assessment identifies a number of active, inactive and dormant sites that have the potential to affect groundwater supply if working at the sites were to either continue or re-commence over the Local Plan period. These include:
Harrowbank and Ashy Bank Quarry (Carboniferous Limestone - Inactive)(68) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Greenfield Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant) Whitehills Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
6.35 Due to uncertainties regarding whether Northumbrian Water will seek to increase abstraction of drinking water from groundwater sources and which mineral sites may be worked in addition to active sites over the Plan period it was not considered possible to refine likely effects further. Accordingly avoidance and / or mitigation measures are proposed in section 7.
67 Environment Agency River Basin Management Plan, Northumbrian River Basin - Annex C: Actions to Deliver Objective December 2009 68 This site would require the agreement of new working and restoration conditions prior to recommencement
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Land Take
6.36 The Natura 2000 sites that could be impacted either as a result of direct land take or loss of functional land include North Pennine Moors SAC and SPA and Moor House Upper Teesdale. These sites could be impacted by progression of Force Garth Quarry into a new working area and / or the continued working, recommencement of the following active, inactive and dormant mineral sites over the Plan period:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive)(69) Bollihope Quarry (Carboniferous Limestone - Dormant) Force Garth Quarry (Dolerite - Active) Crossthwaite Quarry (Dolerite - Dormant) Middleton Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
6.37 Several other dormant sites including Parson Byers Quarry, Greenfield Quarry, Carriers Hill Quarry and Puddingthorn Quarry were also identified as supporting Curlew. However, this issue was not considered likely to give rise to significant adverse effects given the availability of alternative habitat in the North Pennines for this species.
6.38 For all other Natura 2000 sites, whilst the Plan in itself is unlikely to result in land take, it is considered that the Plan should include controls governing the location of development that may come forward over the Plan period.
6.39 Due to uncertainties regarding which mineral sites may be worked in addition to active sites over the Plan period it was not considered possible to refine likely effects further. Accordingly avoidance and / or mitigation measures are proposed in section 7.
Recreational Pressure
6.40 The Natura 2000 sites not screened out for potential adverse effects as a result of recreational pressure include Northumbria Coast SPA and Ramsar, Teesmouth and Cleveland Coast SPA and Ramsar, Durham Coast SAC, Thrislington SAC, North Pennine Moors SAC and SPA, North Pennine Dales Meadows SAC and Moor House Upper Teesdale SAC.
Northumbria Coast and Teesmouth and Cleveland Coast SPA / Ramsar
6.41 In respect of the Coastal SPA sites an increase in recreational activity through both local visitors and tourism by foot or by vehicle is considered likely to result in the following likely adverse effects:
Disturbance of sensitive species (namely birds) by both walkers themselves and dogs; off road vehicles etc; Increased trampling of eggs;
6.42 These SPA sites together support the following qualifying species:
Breeding - Little Tern (arrives in April and May and return migration starts in August and continues into September)
69 This site would require the agreement of new working and restoration conditions prior to recommencement
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Ringed Plover (70) (all year round - with an influx population in the winter); On Passage - Sandwich tern and Common redshank (Mar-Sep); Over winter - Purple sandpiper, Ruddy turnstone, Red knot and Waterbird assemblage
6.43 Human activity can affect birds either directly (e.g. through causing them to flee) or indirectly (e.g. through damaging their habitat). The most obvious direct effect is that of immediate mortality such as death by shooting, but human activity can also lead to behavioural changes (e.g. alterations in feeding behaviour, avoidance of certain areas etc.) and physiological changes (e.g. an increase in heart rate) that, although less noticeable, may ultimately result in major population-level effects by altering the balance between immigration/birth and emigration/death.
6.44 Recreational activity will often result in a flight response (either flying, diving, swimming or running) from the animal that is being disturbed. This carries an energetic cost that requires a greater food intake.
6.45 Concern regarding the effects of disturbance on wintering birds, stems from the fact that they are expending energy unnecessarily and the time they spend responding to disturbance is time that is not spent feeding(71) Disturbance of winter birds therefore risks increasing energetic output while reducing energetic input, which can adversely affect the ‘condition’ and ultimately survival of the birds at a time when food is scarce. In addition, displacement of birds from one feeding site to others can increase the pressure on the resources available within the remaining sites, as they have to sustain a greater number of birds. (72)
6.46 In order to assess the significance of likely adverse effects of the Local Plan in respect of increasing recreational pressure as a result of increased populations and in combination with tourism to the Heritage Coast as supported by Local Plan policy (2,3,4,5,7,11,12,14,15,24,27,28,30,35,38 and 48) it was considered necessary to obtain evidence in respect of the following questions:
1. What is the recreational catchment of the Natura 2000 sites?
2. Which areas of the coast are qualifying species utilising?
3. Are qualifying species currently subject to disturbance as a result of recreational pressure?
6.47 Whilst no specific detailed visitor surveys have been undertaken for any of the Natura 2000 sites in the County, a number of studies were utilised to determine the recreational catchment area.(73)
6.48 A visitor survey undertaken along the heritage coast concluded that over half the users were local residents, with the majority visiting Crimdon, Blackhall Rocks, Seaham Hall, Seaton Holme, Hawthorne Dene and Castle Eden Dene. Walking was the most popular pursuit, followed by dog walking. Major dog walking locations were identified to be Castle Eden Dene, Hawthorn Dene and Blackhall Rocks.
70 please note that whilst this additional qualifying feature has been identified as non-breeding local knowledge suggests that breeding pairs are present 71 Riddington, R et al. 1996 The impact of disturbance on the behaviour and energy budgets of Brent geese Bird Study 43:269-279 72 Gill, J.A. et al. The consequences of human disturbance for estuarine birds. RSPB Conservation Review 12:67-72. 73 As detailed and referenced in the supporting paper: Recreational and Urbanisation Impacts of the Local Plan
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6.49 A study into recreational disturbance at the Teesmouth and Cleveland Coast showed that visitors were more likely to live at the site or travel between five and ten miles and visited daily or twice weekly. This was further supported by a study considering access to the countryside which identified that 68% of all journeys are less than 5 miles.
6.50 Accordingly, a ten mile buffer zone as shown by Figure 8 was identified to define the local recreational catchment of this area within County Durham. Any increase in population within this zone was considered likely to contribute to an increase in recreational pressure.
Figure 8 Map showing the recreational catchment of Northumbria Coast and Teesmouth and Cleveland Coast SPA and Ramsar
6.51 In respect of areas of the coast that qualifying species are using a Little Tern colony is in residence at Crimdon within the Teesmouth and Cleveland Coast SPA designation and breeds on the beach over the summer. This is the only colony along Durham's coastline.
6.52 In respect of other qualifying species a study of overwintering waterbirds of the Durham Coast was undertaken between December 2011 and March 2012 to identify areas or locationS which are use by waterbirds for either / or low and high tide feeding and high tide roosting as well as important offshore feeding and roosting areas.
6.53 This study recorded the presence of Ringed plover, Common redshank, Ruddy turnstone, Red knot and Purple sandpiper along various points of Durham's coastline including:
Ryhope Nook; Red Acre (Seaham); Seaham Harbour; Noses Point;
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Blackhall Rocks; and Crimdon Beach
6.54 The study revealed generally low numbers of waders present, and more particularly that very few of the SPA qualifying species were using the Durham coast during the winter months. It is thought that the factors contributing to the findings include:
Poor quality habitat present, as a result of historical degradation and pollution from mining and general industrial outputs, although this is improving; High and increasing levels of human disturbance through an increase in recreational usage; and Changes in populations of species and their distribution due to climate change
6.55 The majority of the birds were found at sites to the south of Crimdon Dene, with the rocky shore around Hartlepool Headland supporting most of the qualifying species of purple sandpiper, knot and turnstone – however they were not found in the numbers that would be expected for a SPA site. The findings were therefore in accord with the Teesmouth and Cleveland Coast recreational disturbance study, where populations of birds tended to focus on the rocky shore areas, with very few using the soft shore/tidal zones due to the fact that these areas were more exposed and therefore tended to suffer more from human and dog disturbance.
6.56 It was discovered that almost the whole coastline experienced continuous and relatively high levels of human recreational disturbance. Large numbers of walkers and dog walkers were witnessed on every section of the coast. Fisherman used almost every vantage point for casting into the sea, and vehicles, in-particular quad bikes, were gaining access onto the coast from the ex-industrial site to the north of Hartlepool.
6.57 The study identified the following causes of recreational disturbance to areas used by qualifying species where applicable:
Table 22 Causes of recreational disturbance to qualifying species of Northumbria Coast and Teesmouth and Cleveland Coast SPA and Ramsar
Area Description Species Cause of Recreational Pressure
Ryhope Low Tide Feeding Red knot, Ruddy A good range of wading birds at Area turnstone, Common this site but this area is heavily redshank, Purple used by dog walkers and other sandpiper walkers. Birds do not use the soft shore
Red Acre Low Tide Feeding Common redshank This whole areas is used Area extensively by dog walkers and other walkers
Seaham High Tide Roost Common redshank Area appears to be isolated from Harbour Area (Middle and Ringed plover human disturbance Harbour)
Seaham High Tide Roost Ruddy turnstone Area appears to be isolated from Harbour Area (South human disturbance Harbour)
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Area Description Species Cause of Recreational Pressure
Noses Point Low Tide Feeding Common redshank Some disturbance from walkers Area and fishermen
Noses Point High Tide Roost Common redshank Some disturbance from walkers Area and fishermen
Blackhall Low Tide Feeding Ruddy turnstone, Birds only using the rocky shore. Rocks (North) Area Common redshank Area heavily used by dog walkers, fishermen and other users
Blackhall Low Tide Feeding Ruddy turnstone, Area heavily used by dog walkers, Rocks Area Common redshank fishermen and other users (Middle)
Blackhall Low Tide Feeding Red knot, Ruddy Area heavily used by dog walkers, Rocks Area turnstone, Common fishermen and other users redshank
Blackhall High Tide Feeding Red knot, Ruddy Locally significant roost area for Rocks Area turnstone, Common these species. Area heavily used redshank
Crimdon Low Tide Feeding Ringed plover Area heavily used by dog walkers Beach Area and other walkers. This area is also a Little tern breeding site
6.58 As Northumbria Coast and Teesmouth and Cleveland Coast SPA and Ramsar have a large recreational catchment area, host qualifying species in several sections of coastline and are currently considered to be disturbed by recreational activity, impacts will need to be mitigated through the Local Plan. This is considered in section 7.
Durham Coast SAC
6.59 In respect of Durham Coast SAC an increase in recreational activity through both local visitors and tourism by foot or by vehicle is considered to result in the following likely adverse effects:
Increased trampling of vegetation; Fragmentation of habitats – both within the designated site and associated functional land/supporting habitats Increased risk of erosion caused by increases in recreational usage
6.60 Durham Coast SAC supports the only example of vegetated sea cliffs on magnesian limestone exposures in the UK and the conservation objectives for this site is to maintain this qualifying feature in a favourable conservation status.
6.61 The recreational catchment of Durham Coast SAC is the same as that identified for Northumbria Coast and Teesmouth and Cleveland Coast SPA and Ramsar. Given the range of recreational activities identified by the bird study it is considered safe to assume that Durham Coast SAC is also subject to recreational pressure. The Durham Heritage Coast Management Plan 2005-2010 states:
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"Uncontrolled and illegal access occurs at points along the Heritage Coast. Cliff paths do occur along the coast but unstable ground compromises the construction of formal access. Horse users often illegally use footpaths largely due to insufficient circular route provision for this sector. Illegal motor vehicle access occurs at Salterfern, Noses Point, Dawdon, Warren House Horden and Denemouth Blackhall Colliery."
6.62 Accordingly, mitigation measures addressing the possible increase of these impacts as a result of delivery of the Local Plan and in combination with other tourism plans and projects will be required as proposed in section 7.
Thrislington SAC
6.63 Thrislington SAC is also managed as a National Nature Reserve and has a high visitor appeal from late spring to late summer when the reserve is at its floral best. The site is reasonably accessible from the local towns and villages in the area and also has easy access into the reserve along a public footpath leading to three interpretation panels and two viewing platforms.
6.64 Thrislington SAC was designated for its dry grasslands and scrublands on limestone. These grasslands are sensitive to trampling and nutrient enrichment which can occur as a result of dog walking activities. In order to assess the likely significance of an increase in population and potential increased recreational pressure to this site as a result of the Local Plan it was necessary to give further consideration to the management plan for Thrislington National Nature Reserve.
6.65 This management plan confirms that no recreational use is made on the reserve other than dog walking. Educational use on the reserve is made by visits from the local Watch Group, The Dene team from Castle Eden Dene and school parties organised by Lafarge when schools visit the quarry. Most of these sites are combined with a walk on the reserve and fossil hunting in the marl slate.
6.66 The management plan confirms that the most trampling of the site takes place in the summer months especially in compartment five, where the highest numbers of perennial flax grow. However the plan also confirms that a small lay by on the unclassified road to the west of the reserve is the only parking facility visitors have. There is no opportunity to increase the parking facilities on this road so visitor numbers will probably not increase.
6.67 As a result, consideration of the potential adverse impacts of the Plan was only given in respect of any increase in population within walking distance of Thrislington SAC. Durham County Council's OSNA (74) states that:
"50% of people are willing to travel 20 minutes / 960 metres to reach wildlife areas and nature reserves."
6.68 The only settlement within 1km of Thrislington SAC with a housing allocation is Ferryhill. The allocation itself is 1.8 km from Thrislington SAC south of Dean Road and has an estimated yield of 291 houses. The site is considered likely to come forward for development over the next five years As this site is the only site with some potential to increase visitor numbers in respect of local dog walking activities and the management plan for the reserve includes objectives to provide and maintain paths and monitor visitor usage until 2016 it is considered that the Plan in itself is
74 Durham County Council: County Durham Open Space, Sport and Recreation Needs Assessment (2010)
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unlikely to lead to significant adverse effects. However, mitigation may be required to control development and risk of increased recreational pressure to Thrislington SAC that may come forward over the Plan period. This is considered in section 7.
North Pennine Moors SAC and SPA, North Pennine Dales Meadows SAC and Moor House Upper Teesdale SAC
6.69 In respect of the SAC and SPA sites located across Weardale and Teesdale an increase in recreational activity through both local visitors and tourism by foot or by vehicle is considered to possibly result in the following likely adverse effects:
Increased trampling of vegetation and bird nests; Effects of climbing on cliff vegetation and the rock itself; Disturbance of sensitive species (mostly birds) by both walkers themselves and dogs; off road vehicles, shooting parties etc; and Fragmentation of habitats – both within designated sites and associated functional land/supporting habitats;
6.70 The qualifying habitats and species that are sensitive to trampling, effects of rock climbers, nitrogen enrichment (which may result as a consequence of dog walking) and disturbance include:
Purple moor - grass meadows Mountain hay meadows Wet heathland with cross-leaved heath European dry heaths Alpine and subalpine heaths Juniper Grasslands on soils rich in heavy metals Montane acid grasslands Dry grasslands and scrublands on limestone Hydrophilous tall herb fringe communities Acidic and Base-rich scree Plants in crevices in base-rich rocks Plants in crevices on acid rocks Marsh saxifrage Round-mouthed whorl snail Hen harrier (Breeding) Merlin (Breeding) Peregrine Falcon (Breeding) European golden plover (Breeding) Dunlin (Breeding) Eurasian curlew (Breeding)
6.71 Whilst the level of housing growth as proposed by the Local Plan is relatively low over the Plan period (75)Weardale and Teesdale are popular tourist destinations resulting in potential adverse in-combination effects.
6.72 Specific honeypot visitor locations include Cow Green Reservoir and Low Force and High Force waterfalls in Teesdale (within Moor House Upper Teesdale SAC and North Pennine Moors SPA). Surveys undertaken by Natural England suggest that people are willing to travel between
75 A total of 534 houses have been allocated between the settlements of Barnard Castle, Middleton-in-Teesdale, Cockfield and Wolsingham
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33 and 36 miles to visit these sites. (76) The Pennine Way National Trail transects the North Pennine Dales Meadows SAC sites at Blackton reservoir and Dent Bank and also transects a small portion of Moor House Upper Teesdale SAC and the North Pennine Moors SPA. A number of other PROW exist across the SAC and SPA sites as shown in Appendix F.
6.73 In order to assess the significance of likely adverse effects of the Local Plan and in combination effects it was considered necessary to obtain evidence in respect of the following questions:
1. What is the level of recreational use across the designated sites and has this increased since the introduction of Open Access?
2. What controls are currently in place to influence visitor behaviour?
3. Is erosion of habitat and / or dogs running loose away from PROW a quantifiable problem?
6.74 In respect of the North Pennine Moors SPA, as stated in section 2.53 it was not feasible to conduct a bird study to identify areas utilised for breeding, feeding or roosting due to the large area of this site.
6.75 Information in respect of questions 1-3 was obtained from Natural England's Site Report for the North Pennines AONB. This report outlined the results of a three year monitoring research programme to monitor and obtain market information on the public use of Open Access land, mapped under the Countryside and Rights of Way Act 2000. Surveying the whole area was not considered practical and in respect of County Durham the areas surveyed were limited to sites in Teesdale including:
Cow Green Holwick Mickleton Moor Coldberry Crossthwaite Common
6.76 These sites pertain to Moor House Upper Teesdale SAC and the North Pennine Moors SPA. As Natural England's report was the only report available that provides information in respect of visitor usage, information has been extrapolated to other SAC designations and SPA designation within other areas of Teesdale and Weardale. The following evidence was obtained from the report in relation to the questions posed above:
Cow Green
Q1: The largest numbers of visitors were counted at Cow Green Reservoir. This was to be expected due its accessibility and car parking provision. Cow Green reservoir was rated as having high usage in relation to the rest of the North Pennines AONB area
Q2: In order to minimise adverse impacts on the nature conservation, geological and shooting interests around the reservoir, restrictions have been introduced:
76 Natural England Site Report: North Pennines AONB (2009)
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to exclude people from Widdybank Fell to protect sensitive sugar limestone and black grouse wintering and breeding areas; and to exclude people with dogs all year round at the request of the land owner for grouse moor management.
Q3: Observations show that the most common activity at the site is sitting and resting; it is common for people to drive to the car park, get out and stroll around the immediate vicinity and then get back in the car. As the weather was frequently poor, visitors were not inclined to stand outside and many were ill-equipped to venture into the wild surroundings.A large majority of those that did leave the immediate environs of the car park followed the PROW (in fact a tarmaccd road) to the reservoir dam and then to Cauldron Snout waterfall. Many returned by the same route. Relatively few visitors had dogs with them and these followed patterns of use similar to those of groups without dogs. Observations showed that most of the dog walkers kept their dogs on a lead, and that most of those off-lead were walking to heel.
Holwick
Q2: Landowners have imposed an exclusion of people with dogs from the whole of the Open Access Land in this area, as they are entitled to do over grouse moor.
Q2: A number of rock climbs are recorded as having been climbed here. There is potential for more new routes and there are concerns about the effect of climbing on cliff vegetation and the rock itself. A decision was made to set up a voluntary restriction supported by the British Mountaineering Council (BMC). A code of conduct is now in operation which encourages climbing on specific routes and away from ledges with sensitive ledge flora. Signage and leaflets promoting the code of conduct are based at the site entrance.
Q3: Overall it was concluded that there was a strong tendency for users to stay on PROW
Mickleton Moor
Q1: Overall very low levels of use and therefore deemed to be little impact on the overall surrounding habitat and associated species.
Coldberry
Q1 and 3: While the numbers of visitors were low there is cause for concern over the disregarding of the restrictions on public access by a number of visitors, and this may have implications for enforcement
Crossthwaite Common
Q1 and 3: low level of use and the strong tendency to stay on PROW suggest that the implementation of CROW will have caused little change to patterns of use by the public
Q2: Dogs are excluded from the OpenAccessLand, at the landowners’ discretion
Q2: Restrictions that keep users to a specified route when crossing it were set in place to minimise access impacts during the breeding season (1st March to 31st August).
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6.77 With the exception of Coldberry, the majority of users would appear to stick to PROW routes and dogs are either kept under control or restricted from sensitive areas. Visitor numbers are generally low in this area with the exception of the popular Cow Green reservoir which is well equipped and managed in respect of controlling visitor activities and nature conservation interests.
6.78 In conclusion, the risk of significant adverse impact to SAC and SPA designations across Teesdale and Weardale by recreational users is not considered significant as a result of the findings of Natural England's study, control measures in place and relevant actions outlined in the North Pennines AONB Management Plan. (77) Relevant actions include:
Allocate sufficient resources to enable high standard of management on the Pennine Way and Teesdale Way Provide advice and guidance on exploring the North Pennines in a responsible fashion on the AONB Partnership's website and through promoting existing codes of conduct / practice. To ensure that no new moorland tracks are built without appropriate permission and that any new tracks have no significant adverse impact on hydrology, natural beauty, tranquillity and the interest features of Natura 2000 sites.
6.79 However, mitigation may be required to control development and risk of increased recreational pressure to these sites that may come forward over the Plan period. This is considered in section 7.
Urbanisation - Increased Predation
6.80 The qualifying species of Northumbria Coast SPA and Ramsar and Teesmouth and Cleveland Coast SPA and Ramsar are vulnerable to increased predation by cats and other predatory species. Increased predation of adult birds, eggs and/or chicks as a result of increased housing development and urbanisation in the East of the County as proposed by the Local Plan may occur. Breeding pairs of Little tern may be particularly vulnerable to increased predation and the conservation objectives for both of the SPA site relate to maintaining or restoring the populations of the qualifying species.
6.81 However, both SPA sites are physically separated from urban areas by the Durham Coast Rail Line which may provide a robust barrier to predatory species and the Local Plan does not allocate any housing sites within 400 metres of either SPA sites in recognition of the roaming distance of cats. (78)
6.82 Despite these factors it was considered that Local Plan policy should include controls to govern the location of housing development that may come forward over the Plan period. In particular, the development of new neighbourhood plans (Policy 15) has the potential to increase levels of urbanisation in the East of the County as proposals would be required to set out levels of growth over and above that suggested by the Local Plan.
6.83 Due to uncertainties regarding what development proposals may come forward over the Plan period, in addition to the allocated sites it was not considered possible to refine likely effects further. Accordingly avoidance and / or mitigation measures are proposed in section 7.
77 North Pennines AONB Partnership, North Pennines AONB Management Plan 2009-14: Part C Action Plan (2009) 78 Turner and Meister (1988) found the mean range of cats to be 371 metres
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Urbanisation - Invasive Species
6.84 Durham Coast SAC is designated for its vegetated sea cliffs and the conservation objectives for this site are concerned with maintaining the qualifying features at favourable conservation status. One of the key environmental conditions cited to support site integrity requires no further increase in species untypical of the communities that define the feature.
6.85 Whilst the Local Plan is unlikely to lead to an increase in invasive species cited as a threat to the habitat type, such as Hottentot Fig, (due to climatic preferences) inappropriate planting linked to new development and inappropriate garden waste disposal have the potential to increase the population of other invasive species such as cotoneaster.
6.86 Scrub encroachment on the dunes has also been cited as a vulnerability of Teesmouth and Cleveland Coast SPA. Scrub species may be populated further as a result of inappropriate planting linked to new development and inappropriate garden waste disposal.
6.87 Whilst management of several Local Nature Reserves and Local Wildlife Sites adjacent to Durham Coast SAC and Teesmouth and Cleveland Coast SPA (79) may help to prevent the spread of invasive species. Control measures within Local Plan policies are considered necessary.
6.88 Due to uncertainties regarding detail of landscaping / planting schemes to support new development it was not considered possible to refine likely effects further. Accordingly avoidance and / or mitigation measures are proposed in section 7.
Species Disturbance
6.89 In addition to species disturbance as a result of increased recreational pressure, Plan policy requires that sufficient land is made available to enable a steady and adequate supply of primary aggregates and non aggregate minerals. Noise and vibration as a result of continued working at some existing active mineral sites, new working at allocated sites and potential recommencement of works at some inactive and dormant sites has the potential to increase levels of disturbance to qualifying SPA species of Northumbria Coast SPA and North Pennine Moors SPA.
6.90 Increased disturbance can affect species behaviour in respect of feeding, roosting and may ultimately affect breeding success which could lead to significant adverse effects in respect of breeding pairs of qualifying species within each SPA. The conservation objective for both SPA sites require the avoidance of the significant disturbance of the qualifying features and maintenance or restoration of the distribution of the qualifying features within the site.
6.91 Underhill et al. states that the most disturbing activities are likely to be those that involve irregular, infrequent, unpredictable loud noise events, movement or vibration of long duration (such as minerals working). Birds are least likely to be disturbed by activities that involve regular, frequent, predictable, quiet patterns of sound or movement or minimal vibration. The further any activity is from the birds, the less likely it is to result in disturbance.
6.92 The distance at which a species takes flight when approached by a disturbing stimulus is known as the ‘tolerance distance’ (also called the ‘escape flight distance’) and differs between species to the same stimulus and within a species to different stimuli. (80)
79 (shown by Figure 7 in section 5.64) 80 Underhill, M.C. et al Use of Waterbodies in South West London by Waterfowl An Investigation of the Factors Affecting Distribution, Abundance and Community Structure (1993)
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6.93 In July 2012 Aggregate Industries commissioned Middlemarch Environmental Ltd to undertake an assessment of the potential disturbance effects blasting on qualifying species of the SPA. The report: Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA (81) concluded that:
Based on the existing habitats present within Heights Quarry, the proposed extension area and its immediate surrounds, the proposed allocation is considered highly unlikely to significantly impact upon the integrity of the SPA. Habitat is considered to be either completely unsuitable or suboptimal for breeding by four of the six qualifying species (golden plover, hen harrier, merlin and dunlin) therefore the risk of disturbance to these species is low.
Suitable breeding habitat for peregrine and Eurasian curlew is present within the study area, therefore it is possible that both of these species could be subject to disturbance in the absence of appropriate mitigation. The level of disturbance perceived is unlikely to be of significance to the integrity of the SPA; however it could result in a breach of wildlife legislation with regard to nesting birds. It is considered that the potential for disturbance to these species may be obviated through the implementation of a programme of monitoring, the results of which should be used to inform a protocol for undertaking quarrying activities in a way which will avoid disturbance to any birds breeding within or in proximity to the site.
6.94 Whilst, the report concluded that the level of disturbance as a result of working the western extension to Heights Quarry is unlikely to be of significance to the integrity of the SPA, the recommended monitoring proposals are included within Section 7 of this report.
6.95 Unfortunately it has not been possible to obtain further information in respect of the likely significance of disturbance effects as a result of continued working of other active and potential recommencement of inactive and dormant sites listed in Table 23.
Table 23 Quarry sites that may cause disturbance to qualifying SPA species
Quarry Status Mineral SPA site
Hawthorn(82) Inactive Magnesian Limestone Northumbria Coast SPA
Harrowbank and Inactive Carboniferous North Pennine Moors SPA Asby Bank(83) Limestone
Bollihope Dormant Carboniferous North Pennine Moors SPA Limestone
Carriers Hill Dormant Carboniferous North Pennine Moors SPA Limestone
Parson Byers Dormant Carboniferous North Pennine Moors SPA Limestone
Harthope Head Active Ganister North Pennine Moors SPA
81 Middlemarch Environmental Ltd Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA August 2012 82 This site would require the agreement of new working and restoration conditions prior to recommencement 83 This site would require the agreement of new working and restoration conditions prior to recommencement
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Quarry Status Mineral SPA site
Dead Friars Active Natural Building and North Pennine Moors SPA Roofing Stone
Force Garth Active Dolerite North Pennine Moors SPA
Middleton Dormant Dolerite North Pennine Moors SPA
Crossthwaite Dormant Dolerite North Pennine Moors SPA
Park End Dormant Dolerite North Pennine Moors SPA
6.96 As it has not been possible to obtain further information regarding the significance of disturbance effects and there are uncertainties regarding which mineral sites may be worked in addition to active sites over the Plan period it was not considered possible to refine likely effects further for the sites listed in Table 23. Accordingly avoidance and / or mitigation measures are proposed in section 7.
Ability to Adapt to Climate Change
6.97 Mitigation in respect of ensuring development that comes forward over the Plan period does not contribute to coastal squeeze has been provided through alteration of policy wording and is documented in section 7. However, one of the guidelines for ensuring adaptation includes reducing sources of harm not linked to climate change. (84) Accordingly, harm will need to be reduced in relation to the issues identified in this section and preceding sections related to all impact pathways through appropriate avoidance and / or mitigation measures.
Conclusion
6.98 In conclusion, while an attempt has been made to further refine the actual adverse effects on European sites from development that will be delivered under the Local Plan, it has only been possible to conclude that the Local Plan is unlikely to lead to significant adverse effects in respect of recreational pressure to Thrislington SAC, North Pennine Moors SAC and SPA, North Pennine Dales Meadows SAC and Moor House Upper Teesdale SAC. The Local Plan is also unlikley to lead to significant levels of species disturbance as a result of working the western extension to Heights Quarry. However, this section has recognised that whilst the Plan in itself may not lead to adverse effects policy controls should be implemented to reduce adverse risk to these sites from development coming forward over and above that supported by the Plan.
6.99 In respect of all other potential adverse impacts it has only been possible through appropriate assessment to conclude that the Local Plan in combination with other plans and projects is likely to result in adverse effect to Northumbria Coast SPA and Ramsar, Teesmouth and Cleveland Coast SPA and Ramsar and Durham Coast SAC. Mitigation for adverse effects is set out in the following section.
6.100 In respect of all other potential adverse impacts there still remains a level of uncertainty in relation to the following factors:
84 Defra Conserving Biodiversity in a Changing Climate: Guidance on Building Capacity to Adapt (2007)
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Table 24 Remaining Uncertainties following Appropriate Assessment
Impact Potential Adverse Uncertainty Pathway Effects
Air Quality Increased nitrogen Actual impact of nitrogen deposition on qualifying deposition as a result of features traffic growth
Air Quality Dust emissions as a Uncertainty exists in relation to which quarry sites, in result of minerals addition to active sites may be worked over the Plan working period to meet the need for Magnesian Limestone, Carboniferous Limestone, Natural Building and Roofing Stone and Dolerite.
In order to ensure a steady and adequate supply of primary aggregates over the Plan period there may be a requirement to:
Increase extraction at a number of magnesian limestone quarries including potentially from currently inactive sites Permit a further 9 million tonnes of carboniferous limestone in the second half of the Plan period Await further information in respect of the periodic review of the permission at Force Garth quarry to enable Durham County Council to undertake an appropriate assessment. Until determination has been reached it is not possible to conclude whether the extraction of dolerite at Force Garth will continue or not. If not, there may be interest in the re-commencement of other dormant dolerite quarries in the County. Alternatively if working at dormant Dolerite sites is found to lead to significant adverse effects then it will be necessary for the Council to reconsider forecasts for future provision and potentially intensify working at alternative minerals sites.
Water Surface water run off Actual impact of surface water run off to sites and sewer Quality and potential sewer flooding. The results of hydraulic modelling of the sewer flooding as a result of system in County Durham undertaken by Northumbrian new development Water will not be available until December 2012.
Water Discharges to surface Uncertainty exists in relation to which quarry sites, in Quality and ground water as a addition to active sites may be worked over the Plan result of minerals period to meet the need for Magnesian Limestone, working Carboniferous Limestone, Natural Building and Roofing Stone and Dolerite.
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Impact Potential Adverse Uncertainty Pathway Effects
Hydrology Required supply of Impact of poor quantitative status of the Wear water not being met Magnesian Limestone groundwater body on Durham Coast SAC and whether Northumbrian Water will seek to increase abstraction from aquifer to serve new development over the Plan period.
Hydrology Required supply of Uncertainty exists in relation to which quarry sites, in water not being met as addition to active sites may be worked over the Plan a result of dewatering period to meet the need for Magnesian Limestone, Carboniferous Limestone, Natural Building and Roofing Stone and Dolerite.
Land take Direct loss of land as a Uncertainty exists in relation to which quarry sites, in result of minerals addition to active sites may be worked over the Plan working period to meet the need for Magnesian Limestone, Carboniferous Limestone, Natural Building and Roofing Stone and Dolerite.
Increased Impact upon Where growth will occur over the Plan period in addition Predation populations of qualifying to that supported by the Local Plan i.e. as a result of SPA species developer interest and / or new neighbourhood plans
Invasive Impact upon the Whether planting linked to new development will be species structure, populations appropriate and function of qualifying features
Disturbance Increased noise and Actual impact of noise and vibration levels as a result vibration levels as a of minerals working on qualifying SPA species. Also, result of minerals uncertainty exists in relation to which quarry sites, in working addition to active sites may be worked over the Plan period to meet the need for Magnesian Limestone, Carboniferous Limestone, Natural Building and Roofing Stone and Dolerite.
Ability to Reduced ability to adapt Potential for reduced ability as a result of all other adapt to potential impact pathways identified and existing climate uncertainties. Particular potential to increase severity of change climate change effects as a result of impact upon hydrology i.e. Increase severity of potential drought conditions
6.101 Due to the number of remaining uncertainties it has been necessary to utilise the precautionary principle. For the purposes of this assessment it has been decided to assume that the effects previously identified as 'likely' will result in an adverse effect and therefore require avoidance or mitigation measures. This is in line with the use of the precautionary principle in other HRA's of land use plans and has been accepted by Natural England in previous assessments as pragmatic. Effects requiring mitigation are summarised as follows:
Northumbria Coast SPA and Ramsar (recreational pressure, predation and species disturbance)
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Teesmouth and Cleveland Coast SPA and Ramsar (recreational pressure, predation and invasive species) Durham Coast SAC (air quality, water quality, hydrology, recreational pressure, invasive species and adaptation to climate change) Castle Eden Dene SAC (air quality and water quality) Thrislington SAC (air quality) North Pennine Moors SAC and SPA (air quality, water quality, hydrology, land take, species disturbance and adaptation to climate change) North Pennine Dales Meadows SAC (air quality) Moor House Upper Teesdale SAC (air quality, water quality, hydrology and land take)
6.102 Proposals for required mitigation for these identified adverse effects is covered in the following section.
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Introduction
7.1 The purpose of this section of the report is to outline mitigating measures within Plan policy and recommend measures for incorporation into the Submission Stage where required that would enable Durham County Council to be confident that the Local Plan Preferred Options will not lead to adverse effects on European sites.
7.2 Avoidance of impacts arising from the Plan is the preferred option. Avoidance would typically be achieved through not proposing damaging activities / developments at all or moving proposed developments away from locations that could affect a European site to locations where they would not. Where avoidance is not possible, mitigation measures need to be considered.
Air Quality
Increased Nitrogen Deposition as a Result of Traffic Growth
7.3 It is not considered possible to avoid increasing nitrogen deposition to sites exceeding critical thresholds as a result of traffic growth over the Plan period. Consideration was initially given to buffering of sites as a means of decreasing levels of deposition. Guidance which came out of the 2011 Nitrogen Deposition workshop states: (85)
In the case of nitrogen emissions to air, buffer zones could be appropriate both for nitrogen oxides emissions from roads and for ammonia emissions from agriculture. Three aspects to such buffer zones should be considered:
• increasing the distance from the source, allowing greater dispersion before the air reaches the sensitive area, such as an SAC;
• increasing the dispersion between source and receptor, such as by planting tall rough vegetation, further diluting the pollutant before it reaches the sensitive area; and
• encouraging deposition between the source and receptor, such as provided by planting tall vegetation as a buffer zone
7.4 However, in respect of Castle Eden Dene SAC it is noted that the verges of the A19 are sufficiently ‘planted up’ with scrub and trees, both adjacent and to the north and south of the reserve. There is therefore little opportunity to alleviate any increase in traffic levels by putting buffers in place.
7.5 In relation to Thrislington SAC, it was considered that there was potential for further tree planting at the southern end of the site adjacent to the unclassified road. However, Natural England advised in February 2012 that they would not be happy with any increased planting on the site and the potential for planting was unlikely to be effective in reducing nitrogen deposition given the required width of buffers.
7.6 In respect of the other Natura 2000 sites likely to be affected by increased nitrogen deposition (Durham Coast SAC, North Pennine Moors SAC and SPA, North Pennine Dales Meadows SAC and Moor House Upper Teesdale SAC), buffering of these sites is unlikely to contribute toward mitigating impact due to their size. The outer perimeter of larger reserves effectively act as their own buffer zones.
85 Nitrogen Deposition and Natura 2000 - Science and Practice in Determining Environmental Impacts (2011)
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7.7 As a result, the only mitigation deemed practical in respect of increased nitrogen deposition resulting from increased traffic growth relate to:
reducing the amount of traffic growth as a consequence of the Local Plan through encouraging use of sustainable modes of transport; and reducing the potential for cumulative effects as a result of specific development types which may contribute toward a deterioration of air quality
7.8 Accordingly, Policy 47: Promoting Sustainable Travel requires all new development proposals to accommodate and facilitate investment in sustainable modes of travel such as public transport, cycling and walking. All major development proposals should also be supported by a Transport Statement or by a Transport Assessment and Travel Plan.
7.9 In relation to the potential for increased HGV movements on the A19 passing Castle Eden Dene SAC as a result of intensifying production from existing Magnesian Limestone quarry sites over the Plan period mitigation could include the following measures:
Use of alternative haulage routes (such as the A1(M)) unless it can be demonstrated that this would have an unreasonable impact upon commercial viability, and / or Encouraging the use of alternative methods of freight transportation (i.e. Rail) where feasible
7.10 Furthermore, Policy 19: Air and Light Pollution requires development which has the potential to lead to a significant deterioration in air quality to be accompanied by an assessment of the likely impact of the development on air quality and sensitive receptor habitats/species.
Increased dust emissions as a result of minerals working
7.11 Due to the uncertainties surrounding which mineral sites will either continue to be worked or will submit new proposals to recommence works over the Plan period to ensure a steady and adequate supply of minerals, a number of sites were identified which have the potential to impact upon Natura 2000 sites as a result of their dust emissions. These include:
Hawthorn Quarry (Magnesian Limestone - Inactive)(86) Thrislington Quarry (Magnesian Limestone - Active - ) (87) Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive)(88) Bollihope Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
7.12 In respect of the active sites, information has been requested from the operator of Force Garth quarry to enable Durham County Council to undertake an appropriate assessment. In the meantime it is suggested that the Local Plan does not rely on the continued working of Force Garth Quarry to ensure continuity of dolerite supply.
86 This site would require the agreement of new working and restoration conditions prior to recommencement 87 If proposals to change the working method at Thrislington Quarry come forward over the Plan period consideration to the impact of dust emissions to Thrislington SAC would be required. 88 This site would require the agreement of new working and restoration conditions prior to recommencement
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7.13 Accordingly, Policy 53: Meeting the Need for Primary Aggregates has recognised the issues pertaining to Force Garth Quarry by stating:
Policy 53: Meeting the Need for Primary Aggregates
If an alternative supply of dolerite to that currently available at Force Garth Quarry is required to enable a steady and adequate supply, proposals for mineral working will only be permitted provided that there is a need for the mineral which cannot be met from other existing environmentally acceptable permissions within County Durham or alternative sources elsewhere.
7.14 In relation to Harthope Head Quarry and Dead Friars Quarry the Review of permissions for both sites is due in 2013 prior to submission of the Local Plan. Information will be requested from the operators at this time to enable Durham County Council to undertake an appropriate assessment.
7.15 In relation to Thrislington Quarry, the current working method of this site is unlikely to result in significant adverse effects to Thrislington SAC. However, if Lafarge propose changes to the working method of the site over the Plan period the working method will need to be screened for impact and subject to appropriate assessment if necessary. However, it is not the intention to defer this potential matter to the project level and accordingly policy 42: Internationally Designated Sites was drafted between Durham County Council's Ecology, Sustainable Strategy and Spatial Policy Teams to overcome issues of uncertainty and provide safeguards for Natura 2000 sites. The first paragraph of this policy states:
Policy 42: International Wildlife Sites
Development that is likely to have significant effects upon internationally designated sites (SPAs, SACs and Ramsar sites) will not be permitted where it cannot be ascertained, following Appropriate Assessment, that there would be no adverse effects on its integrity, unless the proposal is able to pass the further statutory test of ‘no alternatives’ and ‘imperative reasons of overriding public interest’ as set out in Regulation 62 of the Habitats and Species Regulations 2010.
7.16 Accordingly, Policy 53 makes an adequate cross reference to this policy:
Policy 53: Meeting the Need for Primary Aggregates
The Council will make sufficient land available for mineral working to enable a steady and adequate supply of primary aggregates to be maintained whilst ensuring there will be no significant adverse impacts on the environment and amenity of local communities in accordance with other relevant policies of the Plan.
7.17 Further safeguards have been recommended for incorporation into policy in respect of Carboniferous Limestone and Natural Building and Roofing Stone and these are highlighted in bold as follows:
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Policy 53: Carboniferous Limestone
In order to meet the identified need for further carboniferous limestone working, priority will be given to proposals for major new sites and extensions to existing sites in locations outside - and which do not adversely impact upon - the North Pennines AONB or Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).
Policy 57: Natural Building and Roofing Stone
Where further permitted reserves are required in order to maintain an adequate and steady supply of natural building and roofing stone, proposals for new sites will be permitted where:
a. It can be demonstrated that need cannot be met from existing environmentally acceptable mineral permissions; and
b. There will be no significant adverse impacts on the environment and amenity of local communities in accordance with the other relevant policies of the County Durham Plan.
Where a need for further working can be demonstrated, priority will be given to proposals for major new sites and extensions to existing sites in locations outside, and which do not impact, upon the North Pennines AONB. (and consequently SAC's and SPA's in upper Teesdale and Weardale)
7.18 As a result of policy creation and amendment through the HRA process, the Local Plan will now provide adequate triggers to development management staff in respect of screening and appropriate assessment where required of minerals proposals should they be forthcoming over the Plan period. This will enable avoidance of adverse effects. Policy 19: Air and Light Pollution will also help to ensure that issues of dust emissions to Natura 2000 sites are fully taken into account.
7.19 It is considered that if proposals were to come forward in respect of the inactive and dormant sites listed then information to enable Durham County Council to undertake an appropriate assessment in respect of dust emissions would be required.
Water Quality
Surface Water Run off and Potential Sewer Flooding
7.20 Durham Coast SAC and Castle Eden Dene SAC could be affected by surface water run off and potential sewer flooding as a result of increased hardstanding and pressure on the capacity of the sewer network. This issue was raised with the Spatial Policy Team and can be avoided through proper surface water management of sites, incorporation of SuDS and adequate and timely investment in drainage infrastructure. These issues are considered in Policy 46: Water Environment, the relevant sections of which state:
Policy 46: Water Environment
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All development proposals will be required to consider the effect of the proposed development on flood risk, both on-site and off-site, commensurate with the scale and impact of the development. Development will not be permitted unless:
d. There is no net increase in surface water runoff for the lifetime of the development. New development should aim to achieve a 30% reduction in current rate of surface water runoff where feasible. Surface water runoff should be managed at source wherever possible, avoiding disposal to combined (public) sewers. Development should set part of the site aside for surface water management, and use other measures to contribute to flood risk management in the wider area and supplement green infrastructure networks, contributing to mitigation of climate change and flooding as an alternative or complementary to hard engineering; and
e. The development incorporates a Sustainable Drainage System (SuDS) to manage surface water drainage, unless it is proven that SuDS are not appropriate. Where SuDs are provided arrangements must be put in place for their whole life management and maintenance.
Where improvement works are required to ensure that the drainage infrastructure can cope with the capacity required to support proposed new development, developer contributions will be required, in accordance with Policy 64 (Developer Contributions).
7.21 In addition to Plan policy, where brownfield land served by combined sewers is re-developed, Northumbrian Water will seek to have the waste water and surface water flows separated where possible. The removal of the surface water flows from the combined sewers will reduce hydraulic overloading of the sewers (flooding) and allow additional wastewater flows to be accommodated in the sewer network and treated.
7.22 Furthermore, once the results of Northumbrian Water's hydraulic modelling of County Durham's sewer network become available (due December 2012) they will be analysed to identify priorities for investment in respect of avoiding adverse impacts to Natura 2000 sites.
Discharges to Surface and Groundwater as a Result of Minerals Working
7.23 The minerals bridging assessment determined that the following active, inactive and dormant quarry sites have the potential to impact upon Durham Coast SAC, North Pennine Moors SAC and Moor House Upper Teesdale SAC as a result of surface and groundwater contamination if working at the sites were to either continue or re-commence over the Local Plan period:
Hawthorn Quarry (Magnesian Limestone - Inactive) (89) Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) (90) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Greenfield Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
89 This site would require the agreement of new working and restoration conditions prior to recommencement 90 This site would require the agreement of new working and restoration conditions prior to recommencement
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7.24 As stated in 7.14 the Review of permissions for both Harthope Head Quarry and Dead Friars Quarry is due in 2013 prior to submission of the Local Plan. Information will be requested from the operators at this time to enable Durham County Council to undertake an appropriate assessment.
7.25 As stated in 7.17 it is considered that as a result of policy creation and amendment through the HRA process the Local Plan will now provide adequate triggers to development management staff in respect of screening and appropriate assessment where required of minerals proposals should they be forthcoming over the Plan period. This will enable avoidance of adverse effects.
7.26 It is considered that if proposals were to come forward in respect of the inactive and dormant sites listed then information to enable Durham County Council to undertake an appropriate assessment in respect of water quality would be required.
Hydrology
Pressure for increased abstraction from the Magnesian Limestone Aquifer
7.27 Avoiding an adverse effect is largely in the hands of Northumbrian Water and the Environment Agency in their role in consenting abstraction licences. Accordingly, it is recommended that if Northumbrian Water Ltd intend to abstract increased volumes of water from the aquifer to supply housing development, they liaise very closely with the Environment Agency concerning the potential implications of doing so to avoid upsetting the current balance and causing possible adverse effects to Durham Coast SAC.
Reduction in Groundwater Supply as a Result of Minerals Working
7.28 The minerals bridging assessment identifies a number of active, inactive and dormant sites that have the potential to affect groundwater supply largely through de-watering activities if working at the sites were to either continue or re-commence over the Local Plan period. These include:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) (91) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Greenfield Quarry (Carboniferous Limestone - Dormant) Parson Byers Quarry (Carboniferous Limestone - Dormant) Whitehills Quarry (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Force Garth Quarry (Dolerite - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
7.29 As stated in 7.12 information has been requested from the operator of Force Garth quarry to enable Durham County Council to undertake an appropriate assessment. In the meantime it is suggested that the Local Plan does not rely on the continued working of Force Garth Quarry to ensure continuity of dolerite supply.
91 This site would require the agreement of new working and restoration conditions prior to recommencement
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7.30 As stated in 7.14 the Review of permissions for both Harthope Head Quarry and Dead Friars Quarry is due in 2013 prior to submission of the Local Plan. Information will be requested from the operators at this time to enable Durham County Council to undertake an appropriate assessment.
7.31 As stated in 7.17 it is considered that as a result of policy creation and amendment through the HRA process the Local Plan will now provide adequate triggers to development management staff in respect of screening and appropriate assessment where required of minerals proposals should they be forthcoming over the Plan period.
7.32 It is considered that if proposals were to come forward in respect of the inactive and dormant sites listed then information to enable Durham County Council to undertake an appropriate assessment in respect of hydrological impacts would be required.
Land Take
Land Take as a Result of Minerals Working
7.33 The Natura 2000 sites that could be impacted as a result of direct land take include North Pennine Moors SAC and SPA and Moor House Upper Teesdale. These sites could be impacted by progression of Force Garth Quarry into a new working area and / or the recommencement of the following inactive and dormant mineral sites over the Plan period:
Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) (92) Bollihope Quarry (Carboniferous Limestone - Dormant) Force Garth Quarry (Dolerite - Active) Crossthwaite Quarry (Dolerite - Dormant) Middleton Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active)
7.34 Information has been requested from the operator of Force Garth quarry to enable Durham County Council to undertake an appropriate assessment. In the meantime it is suggested that the Local Plan does not rely on the continued working of Force Garth Quarry to ensure continuity of dolerite supply.
7.35 The Review of permissions for both Harthope Head Quarry and Dead Friars Quarry is due in 2013 prior to submission of the Local Plan. Information will be requested from the operators at this time to enable Durham County Council to undertake an appropriate assessment.
7.36 It is considered that as a result of policy creation and amendment through the HRA process the Local Plan will now provide adequate triggers to development management staff in respect of screening and appropriate assessment where required of minerals proposals should they be forthcoming over the Plan period. This will enable the avoidance of adverse effects.
7.37 It is also considered that if proposals were to come forward in respect of the inactive and dormant sites listed then information to enable Durham County Council to undertake an appropriate assessment would be required. This would include an evaluation of loss of land with respect to the presence of, or potential for restoration of qualifying features.
92 This site would require the agreement of new working and restoration conditions prior to recommencement
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Additional Safeguards in Respect of other Development Types
7.38 For all other Natura 2000 sites, whilst the Plan in itself is unlikely to result in land take, it is considered that the Plan should include controls governing the location of development that may come forward over the Plan period to avoid adverse effect. This has been achieved by the addition of Policy 42: International Wildlife Sites.
Recreational Pressure
7.39 It is not considered possible to avoid increasing recreational pressure and disturbance to Northumbria Coast SPA/Ramsar, Teesmouth and Cleveland Coast SPA/Ramsar and Durham Coast SAC as a result of population growth over the Plan period and in combination with projects and initiatives to enhance the tourism offer of Durham's coastline and increase its popularity as a visitor destination. Accordingly, mitigation measures are required.
7.40 A three pronged approach to mitigating impact is considered necessary in respect of:
1. Ensuring that the Local Plan avoids promoting increased residential or tourism development within close proximity to sites identified which are currently experiencing negative impacts caused by recreational pressure 2. Offsetting increased recreational pressure from local residents, in particular from dog walkers; and 3. Raising awareness levels and implementing access management along the coastline to reduce impact by visitors.
7.41 Mitigation for (1) has been achieved through policy wording within Policy 42: International Wildlife Sites which states:
Policy 42: International Wildlife Sites
Development proposals within 0.4km (400 metres) of internationally designated sites, and any other development proposals which may have an effect upon internationally designated sites, will be subject to Appropriate Assessment. Such projects will be permitted only where it can be demonstrated that there will be no significant effect upon the integrity of the relevant site, in isolation or in conjunction with other projects.
7.42 The 400 metres has been derived from a range of potential figures for walking distance to the coast. These range from the generally accepted 300 metres ANGSt (93)models and the OSNA standards for amenity space provision, i.e. within 480 metres.(94) Furthermore, the Plan has not allocated any sites within 400 metres of SAC's or SPAs.
Mitigating Impact of Local Users
7.43 In respect of mitigating the impact of local users it is considered that Suitable Alternative Natural Greenspace (SANGs) should be provided to 'divert' likely users within the 'zone of influence' away from sensitive sites. The zone of influence is defined as the area from 400 metres from the perimeter of the SAC or SPA to 5 miles from the perimeter of the SAC or SPA (measured as the crow flies from the primary point of access to the curtilage of the dwelling. Alternatively, developers
93 Accessible Natural Green Space Standards (Natural England) 94 Durham County Council County Durham Open Space, Sport and Recreation Needs Assessment (2010)
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with proposals within the zone of influence will be required to provide sufficient information to Durham County Council to enable an appropriate assessment of the proposal to be made in respect of its recreational impact on the designated sites.
7.44 The 5 miles point is considered to be the distance at which the majority of local residents are willing to travel to access the coast on a regular basis. This has been derived from a study into recreational disturbance at the Teesmouth and Cleveland Coast which showed that visitors were more likely to live at the site or travel between five and ten miles and visited daily or twice weekly. (95)This was further supported by a study considering access to the countryside which identified that 68% of all journeys are less than 5 miles. (96)
SANG Provision
7.45 In order to provide effective mitigation, SANG provision within the zone of influence needs to replicate, as far as is possible the qualities of the designated sites to make them attractive to potential users. Whilst it is not possible to replicate coastal land, SANGs can replicate aspects of coastal land that makes it attractive to users. The following aspects would therefore be required of a SANG:
SANGs should be semi-natural in appearance. SANGs should be of a suitable size to allow pet owners to let dogs run freely over a significant part of the site. Access on the SANGs should be largely unrestricted with both people and their pets being able to freely roam. (This means that sites where freely roaming dogs will cause a nuisance or where they might be in danger from traffic or such like should not be considered for SANGs) The design of SANGs should not inadvertently increase access to designated sites. SANGs should ideally be within 400 metres (walking distance) of new housing. If this is not possible then SANGs should be located in closer proximity to new housing than the SAC and / or SPA. Adequate car parking should be made available at sites larger than 10 hectares.
7.46 In respect of SANG provision, this will be required to be provided early in the development process, to ensure that there is no likely significant effect on the designated sites in question. The provision of SANGs should also take precedent over other forms of open space provision although it is recognised that it may be possible to subsume other forms of open space provision into SANGs i.e. semi natural open space and amenity open space provision.
7.47 SANGs may be created from:
existing open space of SANGs quality with no existing public access or limited public access, which for the purposes of mitigation could be made fully accessible to the public; existing open space which is already accessible but which could be changed in character so that it is more attractive to the specific group of visitors who might otherwise visit the SAC and / or SPA; or land in other uses which could be converted into SANGs
7.48 These issue are reflected in Policy 20: Green Infrastructure, the relevant sections of which state:
Policy 20: Green Infrastructure
95 Simpson, K A Study into Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site (2011) 96 Matthews, J Accessing the Countryside: Barriers and Best Practice (undated)
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Where new development would be likely to lead to additional recreational pressure on a Special Areas of Conservation (SAC), Special Protection Areas (SPA) or Ramsar sites, green infrastructure provision should be prioritised towards the creation of new, or the improvement of existing, Suitable Alternative Natural Greenspace (SANG), designed to divert potential users away from protected sites.
7.49 SANG provision should be funded by developer contributions; the calculation of costs should take account of acquisition costs, upgrading costs, and maintenance and management costs in perpetuity. Alternatively SANGs may be provided by developers for individual developments. Where developers are providing their own SANG, account should be taken of Durham County Council’s SANG guidelines.
7.50 The Council's SANG guidelines will expand upon the aspects of SANG design and location discussed above. These guidelines will be developed alongside best practice from Natural England and will be incorporated into the Natural Environment SPD at the Submission Stage of the Local Plan. Work has already commenced to try to identify areas of land in Council Ownership that may fit SANG criteria.
7.51 Developments of 10 or more net new dwellings can only contribute towards a SANG if they are located within a SANG’s catchment. The catchment of a SANG will depend on the individual site characteristics and location, and their location within a wider green infrastructure network. The catchment is the radius from the outer edge of the SANG.
7.52 As a guide, it should be assumed that:
SANG of 2-12ha will have a catchment of 2km; SANG of 12-20ha will have a catchment of 4km; SANG of 20+ha will have a catchment of 5km.
7.53 Contributions toward SANG are incorporated into Policy 64: Developer Contributions, the relevant sections of which state:
Policy 64: Developer Contributions
Developers must contribute via a Section 106 Agreement towards individual infrastructure improvements that are necessary for the development to proceed, affordable housing need as set out in Policy 31 Addressing Housing Need and any other specific infrastructure directly related to the application site and that contribution will be negotiated on a site by site basis depending on need and site viability.
Necessary infrastructure improvements will include contributions to Green Infrastructure and/or Suitable Alternative Natural Green Space in accordance with Policy 20 (Green Infrastructure).
Development required to provide / contribute towards SANGs
7.54 The Council's SANG guidelines will be developed and incorporated into the Natural Environment SPD. These guidelines will provide specific information regarding the types of residential development that will be required to contribute toward SANGs.
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7.55 In respect of the Housing Allocations made within Policy 30: Housing Land Allocations, developers of the following sites within the zone of influence are likely to be required to either provide or contribute towards SANGs. Alternatively, developers of the following sites will be required to provide sufficient information to Durham County Council to enable an appropriate assessment of the proposal in respect of its recreational impact on the designated sites.
Table 25 Housing Allocations Required to Provide / Contribute Towards SANG Provision or Provide Sufficient Information to enable Appropriate Assessment to be Undertaken
Site Reference Location Number of Units
HA28 Peterlee 66
HA29 Peterlee 77
HA30 Peterlee 88
HA31 Peterlee 91
HA33 Peterlee 52
HA34 Peterlee 500
HA35 Peterlee 730
HA36 Seaham To be confirmed but cumulative yield for HA37 Seaham Seaham of 950 units anticipated HA38 Seaham
HA39 Seaham
HA40 Seaham
HA41 Seaham
HA25 Easington and Easington Colliery 60
HA26 Easington and Easington Colliery 63
HA42 Shotton Colliery 60
HA43 Shotton Colliery 400
HA47 Wingate 72
HA44 Station Town 50
Mitigating Impact of Visitors
7.56 In order to address in-combination impacts caused by tourism and ad-hoc day trips from within the region, the coastal bird study undertaken recommends mitigation options such as the management of visitors e.g. through zoning or restricting access or policing. The study also states that there may be an opportunity for education or interpretation programmes where guided walks, publications and rangers could provide information and guidance for visitors.
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7.57 Furthermore, the study points to the need for further monitoring work in respect of:
Measuring and monitoring recreational usage and disturbance. Measuring, and monitoring, habitat quality and food availability. Surveying waterbirds at regular intervals such as every three to five years to build on this baseline study. Researching regional waterbird trends
7.58 It is considered that contributions toward these measures should be provided from new housing developments within 5 to 10 miles of the coastal SAC / SPA/ Ramsar boundary, and all non-residential development which poses a risk of increasing usage of Durham's coast, between 400 metres and 10 miles of the SAC/SPA/Ramsar boundary. (97) Alternatively, developers will be required to provide sufficient information to Durham County Council to enable an appropriate assessment of proposals in respect of its recreational impact on the designated sites.
7.59 Contributions towards such measures will be attained through the Community Infrastructure Levy (CIL). Policy 64 states:
Policy 64: Developer Contributions
Developers must contribute to off-site infrastructure via standard CIL charges that are set out in the CIL Charging Schedule. The infrastructure priorities that will receive funding from CIL are listed in the Regulation 123 list. Infrastructure requirements for the whole County are set out in the Infrastructure Delivery Plan (IDP).
Supporting Text:
CIL money can only be spent on infrastructure priorities set out in the Infrastructure Delivery Plan. In addition to the IDP, we will publish a 'Regulation 123' list on our website which will list the specific projects that will benefit from levy finance. The following off-site infrastructure are examples of what projects could be funded through CIL:
Biodiversity Management
7.60 In terms of agreeing the actual measures that will receive CIL money, discussions with Durham County Council's Heritage Coast Team will take place to determine practical measures to overcome recreational issues identified. These measures will become part of the updated Heritage Coast Management Plan 2013- 2014 which is due to be drafted by December 2012. Establishing actions for inclusion within this management plan will have the added benefit of enabling the regular monitoring of progress towards achievement by the Heritage Coast Partnership. The actions will be incorporated into the IDP prior to the Submission Stage of the Local Plan.
7.61 The defined zones of influence are shown in Figure 8 in Section 6 of this report. All of the mitigation aspects are incorporated into Policy 42: International Wildlife Sites, the relevant sections of which state:
Policy 42: International Wildlife Sites
97 The 10 mile boundary was derived from the study into recreational disturbance at the Teesmouth and Cleveland Coast SPA.
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Where development proposals would be likely to lead to an increase in recreational pressure upon internationally designated sites, developers will be required to contribute towards mitigation measures. Depending on the type, location and size of development, developers will be required to contribute to either the creation or improvement of Suitable Alternative Natural Greenspace (SANG), in accordance with Policy 20 (Green Infrastructure) and the guidance in the Natural Environment SPD, or contributions towards actions as detailed in relevant management plans. Alternatively, developers should undertake a Habitats Regulations screening assessment and, where necessary, a full Appropriate Assessment, to demonstrate that a proposal will not adversely affect the integrity of the site.
Land designated and/or managed as mitigation/compensation/offsetting sites for development impact to Natura 2000 sites receives the same level of protection as Natura 2000 sites.
7.62 Furthermore, safeguards have been implemented into Policy 20: Green Infrastructure in respect of ensuring that any required diversion of PROW over the Local Plan period avoids inadvertently increasing recreational pressure to Natura 2000 sites. The relevant section of this policy states:
Policy 20: Green Infrastructure
Development will be expected to maintain and improve the permeability of the built environment and access to the countryside for pedestrians, cyclists and horse riders. Proposals that would result in the loss of, or deterioration in the quality of, existing public rights of way (PROWs) will not be permitted unless equivalent alternative provision is made. Where diversions are required, new routes should be direct, convenient and attractive, and should not increase recreational pressure on internationally-protected wildlife sites.
Urbanisation - Increased Predation
7.63 In regards to ensuring that due consideration is given to the issue of increased predation as a result of development that may come forward over the Plan period in addition to that supported by the Local Plan, it is considered that Policy: 42: International Wildlife Sites provides adequate mitigation. As stated in section 7.41, this policy requires development within 400 metres of Natura 2000 sites to be subject to appropriate assessment. The average roaming distance of cats is just under 400 metres. (98)
Urbanisation - Invasive Species
7.64 In regards to ensuring the compatibility of planting schemes within new development and green infrastructure over the Local Plan period a number of additions were made to Policy as detailed below:
Policy 20: Green Infrastructure
Green infrastructure in new development should be shown on layout plans from the start of the planning process and should demonstrate connectivity, multifunctionality, high quality of place, and appropriateness to context with regard to landscape, townscape and ecology.
98 Turner and Meister (1988) found the mean range of cats to be 371 metres
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Any landscaping scheme will be required to incorporate native species which can make a contribution towards the local ecological networks and local DBAP habitats.
Policy 41: Biodiversity and Geodiversity
Proposals for new development will be expected - where appropriate and compatible with existing biodiversity, ecosystems and designated wildlife sites - to incorporate measures to enhance biodiversity within or around the site, and to contribute to the consolidation and development of local ecological networks, and the implementation of the biodiversity action plans and management plans of local partnerships, including working across local authority boundaries.
7.65 It is considered that safeguards now incorporated into these policies along with existing management of sites will ensure that the spread of invasive species as result of the Local Plan is avoided.
Species Disturbance - Mineral Working
7.66 The Natura 2000 sites that could be impacted either as a result of blasting and vibration from quarry sites include North Pennine Moors SPA and Northumbria Coast SPA. These sites could either be impacted by progression of Force Garth Quarry into a new working area and / or the recommencement of the following inactive and dormant mineral sites over the Plan period:
Hawthorn Quarry (Magnesian Limestone - Inactive) (99) Harrowbank and Asby Bank Quarry (Carboniferous Limestone - Inactive) (100) Bollihope Quarry (Carboniferous Limestone - Dormant) Carriers Hill Quarry (Carboniferous Limestone - Dormant) Parson Byers (Carboniferous Limestone - Dormant) Harthope Head Quarry (Ganister - Active) Dead Friars Quarry (Natural Building and Roofing Stone - Active) Middleton Quarry (Dolerite - Dormant) Crossthwaite Quarry (Dolerite - Dormant) Park End Quarry (Dolerite - Dormant)
7.67 Information has been requested from the operator of Force Garth quarry to enable Durham County Council to undertake an appropriate assessment. In the meantime it is suggested that the Local Plan does not rely on the continued working of Force Garth Quarry to ensure continuity of dolerite supply.
7.68 The Review of permissions for both Harthope Head Quarry and Dead Friars Quarry is due in 2013 prior to submission of the Local Plan. Information will be requested from the operators at this time to enable Durham County Council to undertake an appropriate assessment.
7.69 It is considered that as a result of policy creation and amendment through the HRA process the Local Plan will now provide adequate triggers to development management staff in respect of screening and appropriate assessment where required of minerals proposals should they be forthcoming over the Plan period. This will enable the avoidance of adverse effects.
99 This site would require the agreement of new working and restoration conditions prior to recommencement 100 This site would require the agreement of new working and restoration conditions prior to recommencement
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7.70 If proposals were to come forward in respect of the inactive and dormant sites listed then information to enable Durham County Council to undertake an appropriate assessment in respect of disturbance to SPA species would be required.
7.71 In respect of the proposed allocation for the western extension to Heights Quarry whilst the appropriate assessment of this site (101) identified that the level of disturbance perceived is unlikely to significantly affect the integrity of the North Pennine Moors SPA, the following monitoring proposals were recommended:
R1: Prior to any extension of quarrying works into the allocated area a programme of breeding bird monitoring should be designed and implemented. The purpose of this monitoring should be to provide an up-to-date assessment of the breeding status of the six qualifying species within the zone of influence of the quarry and extension area, taking into account any changes in land use throughout the plan period.
The precise scope of monitoring required will depend upon timescales for the proposed quarry expansion, but as a minimum requirement two-yearly breeding bird surveys of the quarry and proposed extension area are recommended, incorporating a suitable buffer around both. For higher risk species such as peregrine and curlew, annual inspections of proposed disturbance areas would be appropriate to allow suitable recommendations to be made to ensure no legislation is breached.
Any monitoring strategy should be agreed with the local authority prior to any works commencing.
R2: A Bird Risk Management Plan should be produced. This document will be based upon the findings of the bird monitoring surveys, and will provide control measures to ensure that the ongoing operation of the quarry and proposed extension area do not cause undue disturbance or breaches of legislation with regard to the SPA qualifying species and other bird species. Control measures will include, for example, appropriate timings for sensitive site activities to avoid breaching legislation with regard to qualifying breeding birds.
This document will remain live throughout the operational life of the quarry, and will be subject to regular iteration based upon the findings of the bird monitoring programme.
Ability to adapt to Climate Change
7.72 Mitigation in respect of ensuring development that comes forward over the Plan period does not contribute to coastal squeeze has been provided through the following policy wording:
Policy 42: International Wildlife Sites
Development proposals within 0.4km (400 metres) of internationally designated sites, and any other development proposals which may have an effect upon internationally designated sites, will be subject to Appropriate Assessment. Such projects will be permitted only where it can be demonstrated that there will be no significant effect upon the integrity of the relevant site, in isolation or in conjunction with other projects.
101 Middlemarch Environmental Ltd Heights Quarry and Proposed Western Extension - Information to Inform Habitat Regulations Appropriate Assessment for North Pennine Moors SPA August 2012
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Policy 38: Durham Coast and Heritage Coast
The coast of County Durham will be protected and enhanced by:
a. Only permitting development in the coastal zone where it conforms with other policies in the Plan, where there are overriding social or economic benefits from that development and where the development cannot be accommodated elsewhere outside of the coastal zone
7.73 In respect of reducing sources of harm not linked to climate change, the mitigation measures outlined in this section are considered to address this issue.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 127 8 Monitoring, Next Steps and Conclusion
Monitoring Proposals
8.1 It is important to note that EC Guidance on mitigation measures for impacts on European sites requires a mechanism for monitoring the effectiveness of mitigation measures as detailed in Appendix G. A draft monitoring mechanism is therefore outlined in Table 27. These monitoring proposals should be incorporated into the Monitoring and Implementation Framework accompanying the Local Plan prior to the Submissions Stage. Furthermore, these monitoring proposals should be incorporated into those proposed as a result of Strategic Environmental Assessment (SEA) and Sustainability Appraisal of the Local Plan. The SEA Directive requires the significant environmental effects of implementing the plan to be monitored.
Table 26 Draft Monitoring Proposals
Impact Indicator Responsibility Timescale Trigger for Review Pathway Ahead of Timescale Set
Air Quality Critical thresholds of air pollutants DCC Environment and Annual Exceedence of critical for respective Natura 2000 sites Design Section / Spatial Review thresholds over and Policy Team above levels currently identified
Air Quality Number of applications screened DCC Environment and Annual Comments on proposals for impact to Natura 2000 sites Design Section / Spatial Review by Natural England as a result of emissions to air Policy Team
Water Amount and type of development DCC Environment and Annual Drainage proposals for Quality which achieves a 30% reduction Design Section / Spatial Review development which in current rate of surface water Policy Team show drainage toward a run off Natura 2000 site
Water Number of developments which DCC Environment and Annual Drainage proposals for Quality have resulted in the Design Section / Spatial Review development which implementation of SuDS (100% Policy Team show drainage toward a target) Natura 2000 site
Water Timely investment in the Sewer DCC Environment and As Sewer flooding events Quality Network where required to Design Section / Spatial applications ensure protection of Natura 2000 Policy Team are received sites
Water Number of applications screened DCC Environment and Annual Comments on proposals Quality for impact to Natura 2000 sites Design Section / Spatial Review by Natural England as a result of water quality Policy Team deterioration
Hydrology Number of applications screened DCC Environment and Annual Comments on proposals for impact to Natura 2000 sites Design Section / Spatial Review by Natural England as a result of hydrological change Policy Team
Land Take Number of applications screened DCC Environment and Annual Comments on proposals for impact to Natura 2000 sites Design Section / Spatial Review by Natural England and / or functional land as a result Policy Team of hydrological change
Recreational Number of applications within 400 DCC Environment and Annual Comments on proposals Pressure metres of coastal Natura 2000 Design Section / Spatial Review by Natural England sites subject to appropriate Policy Team assessment
128 Habitat Regulations Assessment of the County Durham Plan Preferred Options Monitoring, Next Steps and Conclusion 8
Impact Indicator Responsibility Timescale Trigger for Review Pathway Ahead of Timescale Set
Recreational Number of applications between DCC Environment and Annual Comments on proposals Pressure 400 metres and miles of coastal Design Section / Spatial Review by Natural England Natura 2000 sites subject to Policy Team appropriate assessment
Recreational Number of applications between DCC Environment and Annual Comments on proposals Pressure 5 miles and 10 miles of coastal Design Section / Spatial Review by Natural England Natura 2000 sites subject to Policy Team appropriate assessment
Recreational Section 106 agreements attained DCC Environment and Annual Lack of provision of Pressure in respect of SANG provision Design Section / Spatial Review SANG prior to Policy Team development completion
Recreational CIL money prioritised toward DCC Environment and In line with Lack of receipt of CIL Pressure Heritage Coast Management Design Section review of funding 6 months post Plan activities including action plan adoption of Local Plan monitoring of disturbance levels undertaken by Heritage Coast Partnership
Increased Number of applications within 400 DCC Environment and Annual Comments on proposals Predation metres of SPA sites subject to Design Section / Spatial Review by Natural England appropriate assessment Policy Team
Invasive Details of landscaping schemes DCC Environment and Annual Comments on proposals Species within applications Design Section / Spatial Review by Natural England Policy Team
Species Number of applications screened DCC Environment and Annual Comments on proposals Disturbance for impact to Natura 2000 sites Design Section / Spatial Review by Natural England as a result of species disturbance Policy Team
Ability to Number of applications within 400 DCC Environment and Annual Comments on proposals Adapt to metres of coastal Natura 2000 Design Section / Spatial Review by Natural England Climate sites subject to appropriate Policy Team Change assessment
Next Steps
8.2 The following next steps are considered necessary to undertake prior to submission of the Local Plan to ensure adverse effects are avoided:
Agree monitoring proposals internally and with Natural England. Attain hydraulic sewer modelling results when available to further refine potential impacts to Natura 2000 sites and enable prioritisation of investment through the Infrastructure Delivery Plan. Ensure sufficient information is requested from the operators of both Harthope Head Quarry and Dead Friars Quarry to enable an appropriate assessment is undertaken at the time of their Review. Develop SANG guidance for inclusion in the Natural Environment Supplementary Planning Document. Review potential SANG sites identified for their appropriateness. Agree actions for inclusion in the Heritage Coast Management Plan in respect of mitigating visitor impact and ensure incorporation into the Infrastructure Delivery Plan.
Habitat Regulations Assessment of the County Durham Plan Preferred Options 129 8 Monitoring, Next Steps and Conclusion
Screen impact of Gypsy and Traveller Site allocations if these are required prior to Submission Stage. Screen impact of infrastructure priorities within the Infrastructure Delivery Plan and Regulation 123 list prior to Submission stage. Screen changes to policy following consultation.
Conclusion
8.3 If Durham County Council are able to incorporate the avoidance and mitigation measures set out in section 7 and any further measures that may be required as a result of the next steps identified into the Submission Stage document, it will be possible to state that the Local Plan Preferred Options will not lead to adverse effects on Natura 2000 sites.
130 Habitat Regulations Assessment of the County Durham Plan Preferred Options Consultation A
Habitat Regulations Assessment of the County Durham Plan Preferred Options 131 132 A Habitat
Table 27 Consultation with Natural England - The County Durham Plan Core Strategy Interim Habitats Regulations (Screening) 2011 Consultation
Document Natural England Comments 7th July 2011 DCC response
Regulations Reference
2.3 (1) We note that the screening report has included 4 Natura 2000 sites as they lie Noted. Further consideration will be given to Natura 2000 sites within 15km of the border of County Durham. It is important to consider whether further from the County border as part of the screening process there are sites that could be affected as a result of the Durham Plan further than in line with your comments / aspects to consider. The screening
15km from the county border, particularly in terms of indirect effects of development, report will be amended accordingly Assessment such as recreational pressure and air pollution. As a general guide we would advise that the following should be considered as part of the screening process:
all sites within the plan area; all sites downstream of the plan area in the case of river or estuary sites;
all peatland and other wetland sites with significant hydrological links to land of within the plan area, irrespective of distance from the plan area; the all sites which have significant ecological links with land in the plan area, for
County example, land used by bats or migratory birds, which also use a Special Area of Conservation (SAC) or Special Protection Area (SPA) respectively, at different times of the year; all sites within 5km of the plan area boundaries that may be affected by local
Durham recreational or other visitor pressure from within the plan area; all sites within about 20km of the plan area that comprise major (regional or national) visitor attractions such as promoted National Nature Reserves, coastal sites and sites in major tourist or visitor destinations such as AONBs
Plan and National Parks; all sites that are used for, or could be affected by, water abstraction
Preferred irrespective of distance from the plan area; all sites used for, or could be affected by, discharge of effluent from waste water treatment works or other waste management streams serving land in the plan area, irrespective of distance from the plan area.
Options If there is any doubt as to whether a European site may be affected, a precautionary approach should be adopted and the information for the site should be obtained. We would be pleased to discuss this issue in more detail.
2.7 (2) It is important to recognise that the Habitat Regulations Assessment (HRA) process Noted - only those features of European importance will be only considers impacts or effects on the features of European importance, which considered in many cases are not the sole features of interest of the component SSSI. Document Natural England Comments 7th July 2011 DCC response Reference
3.2 Impact In addition to considering the presence of a river/watercourse there is a need to Noted - It is recognised that coastal processes such as coastal
Habitat Pathways (3) recognise the coast and coastal processes as potential routes for impacts, eg retreat can impact on N2K sites. Coastal processes have been longshore drift may lead to impacts along the coast. added to bullet point list regarding Broad Impact Types and Pathways. Table 2 amended accordingly
Regulations 3.2 Impact In addition to roads there may also be an impact arising from other transport Noted and added to bullet point list in the report. Table 2 Pathways (4) infrastructure, eg rail and airports. amended accordingly
Table 2 Impact When considering species movements it is important to also recognise that plants Noted - added reference to plant species movement under the Pathways (5) may move, eg through the spread of seeds. species movement columns of Table 2
Assessment Table 2 Impact When considering hydrology it is important to also consider groundwater and the Noted and reference now included in Table 2 Pathways (6) impacts of changes to aquifers on features of interest
Table 2 Impact Habitat or species disturbance often arises as a result of recreational activities. Noted and included reference within broad impact types against Pathways (7) There are potentially many different pathways that can transfer impacts onto N2K habitat / species disturbance and within Table 2 sites. For example development of new housing may lead to increased recreational of pressure and impacts from cats and dogs on nesting birds. the Table 2 Impact The ability to adapt to climate change is likely to be affected by factors that will Noted and reference now included in Table 2
County Pathways (8) increase habitat fragmentation and isolation or physical conditions such as availability of water.
Table 2 Impact Other impact pathways which warrant consideration throughout the screening Noted Durham Pathways (9) process are: Coastal squeeze now referenced in Table 2 against habitat or species destruction and fragmentation and ability to •Coastal squeeze and the potential the Core Strategy will have to promote adapt to climate change
development and infrastructure close to the coast which might constrain habitat
Plan Included reference to invasive species in table 2 under mobility when combined with pressures from coastal squeeze. Species movement and against Habitat / Species destruction and fragmentation. Relevant SAC's and SPAs
Preferred •Invasive species – what impact will the Plan have on their spread and their potential will be re-screened for potential invasive species impacts, impact on European sites? particularly in relation to new housing Consultation
We recommend that these impact pathways are considered throughout the HRA
process. Options 133 A 134 A Habitat
Document Natural England Comments 7th July 2011 DCC response Consultation Reference
Regulations Table 3 (10) It is not clear for the River Eden SAC what is meant by ‘...if measured from upper Also uncertain as to meaning as original author has since left reaches of streams feeding SAC’ and Tyne and Nent SAC what is meant by ‘if the authority. Unclear references removed from Table 3 and measured from the stream flowing through the SAC’. It is important that the comment relating to considering impacts on catchments are screening process considers the potential for impacts on rivers based on their noted catchments rather than linear distances. For example an activity resulting from the
plan may affect the catchment which may ultimately lead to an effect on the features Assessment of interest.
3.24 (11) It is not clear what is proposed by this paragraph. Mineral working is just one Para 3.14 states that west Durham is rich in minerals and wind potential effect in relation the hydrology of sites, therefore the Council need to energy resources and it is considered to be minerals and wind ensure they consider all likely impacts, both alone and in combination energy development which represent the main forms of development which could possibly impact on Natura 2000 sites of located wholly in Cumbria and Northumberland. This paragraph the provides the context for 3.24 Quarrying for Natural and Building
Stone is considered to be the only development activity that is County likely to impact on water quality and hydrology of Tyne and Nent SAC and Tyne and Allen river Gravels SAC. However, other proposed forms of development will be screened for hydrological
Durham impact (alone and in combination) on tyne and Nent SAC and Tyne and Allen River Gravels SAC as suggested.
3.38 (12) This section states that the Tyne and Allen River Gravels SAC can be screened Linked to the above response to 3.24, mineral working was
Plan out yet in section 3.26 it states that the Tyne and Allen River Gravels site cannot considered the only form of development that could impact upon be screened out because significant potential for hydrological impacts. Similarly Tyne and Nent SAC and Tyne and Allen river Gravels. These
3.27 recognises there could be hydrological effects arising out of minerals sites were screened out in the presumption that the preferred Preferred developments in County Durham so why has it been listed in 3.38 as screened option would guide new mineral working to areas outside of the out? AONB. However, this is pre-emptive and it is agreed that both SAC's should not be screened out at this stage unless fully evidenced. The impacts of other forms of development should
Options also be considered. The screening report wil be amended accordingly.
4.5 (13) In the re-wording of the SCS vision it would be preferable to refer to ‘securing Agree. Following rewording suggested: favourable conservation status’ rather than ‘...sites of international importance for biodiversity will not have been adversely affected...’. Document Natural England Comments 7th July 2011 DCC response Reference
Achievement of the favourable conservation status of sites of
Habitat international importance for biodiversity will be worked toward and more of the County's many biological and geological Sites of Special scientific Interest will be under active management to
improve and sustain their condition. Regulations
4.14 (14) We note that further assessment work is required in relation to the new housing Mid August following further revision of Housing distribution requirements and distribution, what is the timescale for this work? figures in response to consultation on the Core Strategy Policy Direction Paper 2011
Assessment Overview of We welcome the proposed modelling of traffic generation and the Water Cycle Noted Housing Study to inform future iterations of the Plan and HRA process. We concur with the Distribution - requirement for assessment of impacts from housing sites in the proximity of N2K Spatial Option A sites. Again, the Council should refer to the general guide on page 1 of this letter, (15) to assess the impacts from housing sites. of 4.15 (16) This summarises the further studies required for Spatial Option A – will they be Yes. A full list of further appropriate assessment tasks has been the carried out? drafte d which we would welcome your comments on
County P42 (17) Reference is made to the River Wear and the ‘marine nature of SPA mean that Amended as suggested any hydrological effects on the River would be insignificant’. This could be expressed more clearly as changes to the hydrology of the River Wear will not
affect the Northumbria Coast SPA. Durham
P47 (18) In terms of habitat and species disturbance where the shore is SPA it could be Agree - appropriate assessment of recreational impacts on disturbed by recreational activities which have the potential to have a significant Northumbria Coast SPA will be undertaken. Text on P47 and
effect above and beyond being ‘naturally disturbed by the tides’. This also applies P72 have been amended accordingly. Plan to the comments on page 72.
Preferred P83 Potential Will the Durham Northern Relief Road and Durham Western Relief Road ‘reroute Both proposed relief roads aim to relieve congestion on routes Strategic Transport rather than increase’ traffic? Will the proposed traffic modelling work provide at capacity in Durham City, Therefore the aim of the roads is to Consultation Routes (19) confirmation of this? How does this fit with Durham’s Local Transport Plan in terms re-route traffic. Increased housing and development generally in combination effects? is likely to increase traffic and the impacts of this will be assessed
further on N2K sites (Castle Eden Dene SAC in particular). The Options traffic modelling work aims to establish whether relief roads are needed as a result of increased housing and employment development in an around Durham city and will not look at 135 A 136 A Habitat
Document Natural England Comments 7th July 2011 DCC response Consultation Reference
Regulations whether in the longer term the roads will contribute to increasing traffic volumes or not. As no potential impacts have been identified on N2K sites in terms of the relief roads it is our belief that on this issue in combination effects with the LTP3 do not need to be considered. However, in combination effects of the
LTP3 and Core Strategy are being considered in relation to the Assessment rail station proposals at Horden on Durham Coast SAC. Advice on these issues would be appreciated.
P87 Green We welcome the proposal that the Green Infrastructure Strategy identifies the Noted - Further information and advice of types of negative Infrastructure (GI) value of GI as providing a buffer zone to SAC, SPA and Ramsar sites. Moreover, impact of GI on N2K sites would be appreciated. For example, (20) we welcome the development and management of GI across Durham through the will recreational impacts be a consideration given that disturbance of Green Infrastructure Strategy, however the Council should consider the location already occurs at the majority of SACs/SPAs in County Durham the of proposed GI and its potential impacts, particularly in terms of recreational and - will designation of GI not dilute the amount of disturbance and
visitor disturbance’? help to potentially increase core habitat? County
P88 Strategic Whilst site specific issues will need to be addressed through the Minerals and Noted - Further information has been received which details air Waste Waste Polices and Allocations DPD there is still the need to consider the strategic quality impacts of of the of the potential waste proposal on
Durham Management (21) approach to waste set out in the Core Strategy and whether this is deliverable in Thrislington SAC. terms of its effects on European sites. We note that Thrislington Quarry is identified as a ‘strategic waste site’ and we concur with the findings of the screening regarding potential impacts on the neighbouring Thrislington SAC grasslands. To this end
Plan we agree that further information is required (paragraph 4.39) as to future proposed uses of the quarry in order for fuller assessment to be made of likely significant
effects on the European site (and National Nature Reserve). Preferred
P93 Renewable Whilst the impacts may depend on the nature and scale of renewable energy Noted - Table related to renewable energy targets has been Energy Targets development there are a number of generic factors to consider: Impacts on SPA amended. Agree that policies within the Core Strategy should (22) birds; Impacts on habitats including peat, soils and hydrology – these may arise provide sufficient protection
Options through both construction and operation of renewable energy technologies. Policies within the Core Strategy should provide sufficient protection to European sites to ensure applications for renewable energy cannot draw support from the plan if likely significant effects are identified at application stage.
P93 Renewable There is no mention of hydropower in this section, is there no intention of the Plan Hydopower is not considered to be a strategic energy resource Energy Targets promoting this form of technology? in terms of its ability to contribute to the County's renewable (23) energy targets. The region's rivers do not offer large scale hydopower resources because of their relatively low flow head. Document Natural England Comments 7th July 2011 DCC response Reference
However, potential for micro hydro schemes in the County exists.
Habitat The impacts of hydropower on N2K sites will be assessed in the event that Core strategy policy encourages hydropower specifically and for all feasible forms of micro energy generation.
Regulations 5. Screening Analysis of Other Individual Policy Areas
P96 (24) We suggest the proposed included wording is amended to read ‘Ensuring Agree - amended development will have no adverse effects on the integrity of Natura 2000 sites’.
P98 (25) Recreational pressures may need to be managed through appropriate planning Noted and added to table relating to A Stronger and Diversified
Assessment and zonation of visitor usage and this needs to be recognised in the polices. Economy
P100 (26) Major new facilities developed in the City of Durham could have impacts on Agree. Amended report accordingly European sites, dependant on their nature.
P105-106 Traveller Has this section only considered sites in East Durham? No- all sites in close proximity to N2K sites have been of Sites (27) considered. These include Castle Eden Dene SAC in East the Durham and Thrislington SAC in South Durham
County Biodiversity and We welcome the recommendations on page 107 and recommend that consistent Agree-wording added Geodiversity (28) language is used to express ‘Ensuring development will have no adverse effects on the integrity of Natura 2000 sites’. Page
Durham P114 Landbanks We agree that there could be significant effects depending on location and in Noted - added reference to ROMP and regulations 63 and 64 (29) addition to the Minerals and waste DPD these will also need to be considered into the Landbanks table. An interim HRA (bridging assessment) through the Review of Old Mineral Permissions (ROMPs) and any reviews may be appropriate whereby the impacts from the date of the
undertaken under Regulations 63 and 64 of the Habitats Regulations 2010. Core Strategy will be assessed till the time the ROMP is due. Plan When the ROMP process begins a further more detailed HRA will be carried out then. Is this the correct approach?
Preferred P117 (30) If the Core Strategy is to propose further working at Thrislington more detailed Noted - If the Core Strategy is to propose further working at Consultation assessment will be required to address the potential for likely significant effects Thrislington for Magnesian Limestone and/or basal permian sand as part of the HRA of the Core Strategy and not deferred to the site level. This is more information will be requested from the developer in relation
also true for those proposals for extensions or new quarries elsewhere across the to impacts of activity and in combination impacts of activity with Options county that have the potential to affect a European site (for example P119, 120). proposed waste facilities on N2K sites (Thrislington SAC / There is also the need to consider whether an additional working of Magnesian Durham Coast SAC). This would also be required for other Limestone as a result of the Plan will affect the Durham Coast SAC. Where the extensions / new sites which are highlighted through screening 137 A 138 A Habitat
Document Natural England Comments 7th July 2011 DCC response Consultation Reference
Regulations Core Strategy proposes site specific development, and likely significant effects as having a possible impact. Reference to requiring further are identified, an Appropriate Assessment must be undertaken. It is not sufficient assessment at the site level for each mineral type has been to rely on the HRA of lower tier plans. removed and impacts to Durham Coast have been included.
P147 (31) We note that GI priorities are recognised as having the potential to have a negative Noted - Further information and advice on types of negative
effect on N2K sites. We agree this may be possible, for example by increasing impact of GI on N2K sites would be appreciated. Increased Assessment recreational pressures on N2K sites. It is important when planning for GI to not recreational pressure may not be a concern (see response only take into account the presence of European sites but to also consider how GI against P87) But type of GI may be. Could this be addressed by can help manage recreational pressures on these sites. Core Strategy Policy?
P319 Force Garth We understand that the ROMP has been postponed and is not now due until 31 Noted Quarry (32) October 2011. We are working closely with the Council and Cemex on the of ROMPand the review under Regulations 63 and 64 of the Conservation of Habitats the and Species Regulations 2010 (these are two separate but related processes not one as suggested in section 6.5).
County P319 (33) We note and support the broad screening of minerals sites and the conclusions Agree - amber sites will be screened and further assessment drawn regarding Force Garth and Thrislington. We note the status of Thrislington will be undertaken in required. Do green sites also need to be
Durham Rough Furze, Hawthorn, Harrow Bank and Ashby Bank, Baxton Law Quarries and screened? would suggest that the precautionary principle is applied and these amber sites are further assessed as they ‘may pose a risk in future if the situation changes’.
P325 (34) Whilst European sites comprise component SSSI it is important to focus the HRA Noted Plan process on the European features of interest and their conservation objectives.
Preferred Conclusions and We broadly support the conclusions and suggested next steps identified in section Noted - exact detail of further work is being drawn up and we Next Steps (35) 7.1. These are clearly dependent on further assessments being undertaken and would welcome your comments on the suitability of further studies it would be useful to have an indication of the timescales for these studies and suggested. how they dovetail with the LDF timescales.
Agreed - a more detailed summary will be provided in the Options As a screening report it would be helpful for the conclusion to summarise which screening report European sites have been screened, which sites have the possibility of likely significant effects as a result of the Core Strategy (both alone and in combination with other plans or projects) and which have been screened out as not likely to be subject to a significant effect as a result of the Plan. It would also be helpful to briefly summarise the emerging issues, options and policy areas which have emerged as needed to be assessed further. Document Natural England Comments 7th July 2011 DCC response Reference
Natural England would be pleased to discuss the screening exercise with the
Habitat Council and to consider with you how best to proceed with future stages of the HRA. If you would like to meet to take these discussions forward do please contact me.
Regulations
Minutes of Meeting between Durham County Council, Natural England and RSPB- 11th August 2011
Attendees: RH (Natural England), ZB (Natural England), MK (RSPB), RL (DCC), JM (DCC), TMH (DCC), NW (DCC) and CD (DCC) Assessment
1. Introductions
All attendees introduced themselves and gave a brief explanation of their role in the process. RH provided more detail on the Natural England re-organsiation by explaining that the teams were now grouped around dunctions rather than regions (i.e. Land use), with ZB and RH covering of the North-East / Yorkshire and Humber area. ZB is now primary contact for Core Strategy work. Any further consultations send to Nat England the portal, but copy in ZB.
County 2. Draft Schedule of Response to NE Consultation Comments (July 2011)
Sites under consideration: DCC have amended buffer zone to 20km from County boundary – this has generated a few additional sites
Durham to consider. These sites are yet to go through an initial screening. Action 1: DCC screen additional sites and check the HRA on the RSS to see what list of sites it considered/ screened out to help in this process.
Plan
Impact pathway (rail): It was noted that the key things to consider in relation to the impact of rail would be e.g. new stations, high-speed Preferred rail, and diesel freight. But it was pointed out that the rail head at Thrislington (SAC with potential to be affected by rail movements) was
not in operation and there didn’t seem to be any non-electric lines in close proximity to the site. Action 2: DCC to clarify whether rail Consultation is likely to have an impact on Thrislington SAC. It was also noted that there is no specific research on what the appropriate distance
a designated site should be from a railway line to avoid impact. It was agreed that the 0.2km distance applied to roads would be reasonable Options to apply to rail – if necessary. 139 A 140 A Habitat
Invasive species: Concerns about being able to adequately screen out this potential impact were raised. It was agreed that a pragmatic Consultation approach was necessary (particularly when addressing this pathway) as there was a limit to the Core Strategy’s/Local Plan’s role in
Regulations addressing all potential problems under HRA. RH suggested taking the approach of including a robust policy within the Core Strategy and ‘signposting’ other relevant plans/ strategies within the Core Strategy that would have a more prominent role in managing sites/ potential impacts. MK suggested that perhaps appropriate design guidance could be attached to new housing developments to put the onus on homeowners re plants - this would however be very difficult to enforce. In terms of cats and dogs, MK raised the idea of placing covenants on developments (i.e. restricting the number of dogs and cats homeowners can have), however, it was agreed that this was
Assessment likely to be unenforceable. It was nonetheless agreed that logical assumptions could be made re dogs by trying to quantify the current level of disturbance with new housing levels. Action3: RH to check whether any of his colleagues know of studies done on quantifying impacts from dogs, cats (conflicts to wildlife/habitats caused by proximity to humans) on SAC/ SPAs.
SHMA: RL provided an update on the SHMA and its timetable. He explained they planned to fast-track re-working the SHMA, which
would include new primary data, and hoped to have it completed by December 2011 (this is tight timescale though). This was vital for of
finalising housing distribution and total housing numbers. the
County Local Plan: RL also added that the new draft NPPF was likely to radically change the required approach taken on the Core Strategy – i.e. it is to be replaced by a Local Plan which includes all policies, strategic and non-strategic allocations, etc. Planners still considering how best to present Local Plan and if Durham has a case for having an additional DPD to manage content. DCC hopes to come a view
Durham on this by the beginning of September.
Strategic Transport Routes: It was queried whether the proposed strategic transport routes around Durham City would re-route traffic rather than increase levels. It was added that there is evidence that new bypasses usually increase traffic levels as they provide a more
Plan convenient ‘fast’ route. RL agreed that this was a key issue and was one that DCC would have to address prior to examination. It was explained there was no conclusive evidence to answer this at the moment, but that traffic modelling on the proposed relief roads, the
Preferred A1(M) and A19 corridors was currently being carried out. It was aimed to consult on the relief roads (proposed routes, etc) along with the strategic Durham City Green Belt allocations in October 2011.
Green Infrastructure: It was agreed that the benefits of using GI to protect designated sites was highly-depended on its type, design,
Options size, and location. ZB explained that GI needed to be used to restrict movement to SAC/ SPA (as a buffer and alternative green space) and so design and management were vital. Action 4: DCC to comment on GI Strategy to amend the policies/recommendations to reflect this and place emphasis on good management and design.
Hydro power: RL provided an update. It was noted that DCC have located where potential opportunities are, but it was explained that hydro power was unlikely to have a critical role in the Council’s strategy on renewable energy generation. There may be a role for micro-hydro, but it was agreed assessing this impact is likely to be problematic. It was agreed that the impacts of hydro may not be relevant for Durham considering the reasons why our sites have been designate (e.g. Northumberland sites were designated for types of fish and hydro was restricting fish passage – not likely to be a problem for any of the sites under consideration) – however the possible knock-on impacts on wetlands should be considered. Action 4: DCC to check this point. Habitat Landbanks/ ROMP Review: It was agreed that undertaking a bridging assessment along with including a robust policy within the Core Strategy explaining this approach would be acceptable (for Nat England). In reference to the HRA on the RSS, RH explained that they
took a similar approach and sought national guidance at the time. Action 5: DCC to send bridging assessment to Natural England/ Regulations RSPB for comments when completed (in due course).It was agreed that the assessment should include green and dormant sites and demonstrate how they can be screened out – e.g. not relying on them in the plan, dormant for a reason. Shows audit trail. It was noted that RH had provided comments on the Minerals Strategy.
SSSI/ SAC/ SPA Designated Features: RH/ ZB emphasised that it was important to be clear on what special features European sites
Assessment have been designated for – e.g. the SAC may be designated for different features to those relevant to the SSSI or NNR designation.
N2K Site Management Plans: It was explained that not all N2K sites have management plans – only the ones that have component NNR’s. However, most N2K sites that comprise of SSSI’s will have a list of conservation objectives and a favourable conditions table. Action 6: JM has a copy of the list of conservation objectives and FCTs (may have on a CD) for relevant sites – also need to of locate Reg 33 packages for coastal sites.Action 7: DCC to get/ look at appropriate assessments carried out by Natural England the for reference (have to do them when providing regulatory/consent function). Action 8: Where sites are not covered by Management
Plans DCC to speak to RH about gaining relevant information from land management teams at Nat England about specific site County issues.
Durham 3. Thrislington
RL and JM provided background to the current and proposed allocations at Thrislignton Quarry for mineral working and waste. The proposals
Plan map and most recent submission from Lafarge / Amec on their strategic waste site allocation were discussed in detail. The following comments and actions were noted.
Preferred All agreed that this was a complex site with many in-combination effects to be taken into consideration. Action 9: DCC to ask Lafarge to examine in-combination effects of the proposed waste site and mineral working at Thrislington Quarry. Consultation It was explained that any HRA of Thrislington was complicated by the fact that the DCC MSW Strategy had not yet been finalised and
the initial contract was unlikely to cover the proposed Plan period (i.e. until 2030). RL added that the MSW Strategy likely to go out to Options tender in October so DCC have more information by preferred options stage. Until this point any submission put forward by Lafarge was unlikely to include definite proposals as they would want to remain flexible. All agreed this presented problems for carrying out an HRA 141 A 142 A Habitat
as it did not deal with uncertainty. Action 10: DCC to suggest that Lafarge put forward several possible waste/ mineral working Consultation options to be assessed as a means of addressing the inherent level of uncertainty – enough detail about each option would
Regulations need to be provided. The possibility of looking at other potential strategic waste sites as an alternative approach was discussed along with whether this site was critical to delivering the Plan’s objectives.It was noted that this was already a consideration. Acton 11: DCC to look into alternative waste sites that were less sensitive.
Assessment In discussion over the details of the waste allocation proposal, it was agreed that an independent expert should analyse the air quality figures/ analysis and that DCC should question AMEC’s use of a different air quality model (the agreed model is APIS). Moreover, there appeared to be anomalies with the conclusions drawn from the air quality results – e.g. nitrogen levels appear to increase over the critical load, but the report states no negative impact or does not link this increase to potential waste activities? Action 12: DDC to seek expert advice/ interpretation of air quality data. Action 13: DCC to question Lafarge on the use of the specific air quality model and
its results. of the RL stated that water issues should no longer be as problematic as landfill is not longer a consideration for the strategic waste site proposal.
County However, TMH added that many factors could cause contamination – e.g. slippages from HGVs – and more evidence of mitigation measures would be required. MK added that even if elements proposed were uncertain, if certainty could be gained from mitigation measures that would be an important consideration. Action 14: DCC to contact Environment Agency regarding standard mitigation
Durham measures put in place at waste/ mineral extraction sites and gain a view on how effective they are put in practice/any monitoring carried out?
Plan
Preferred 4. Additional Studies
RH stated that the Core Strategy needs to recognise that it cannot promote an increase in pollution and disturbance to SAC/ SPAs, but he suggested that a robust form of words/ policy in the Core Strategy stating where other documents/ strategies could manage impacts
Options and when AAs would be carried (i.e. when specific schemes are put forward) was a possible reasonable approach to take. Action 16: DCC to look at Policy 38 and 16 in RSS (and its associated HRA) for reference and for form of words used on recognising the impact of traffic pollutants and tourism/ recreation TMH questioned whether an existing study on migratory birds could be used as evidence. It was agreed that maritime birds were not such an issue as their locations were roughly known. However MK suggested that a study should be undertaken to assess where the birds are, their numbers, what the current impacts are, and what impact the increased tourism (if any) and/or housing numbers is likely to have – hence mitigation for this (possible zonation of sites). It is important to include the ‘built up’ areas of Seaham, as there are implications with reference to any regeneration/improvement projects – that impact on areas used by the birds. Action 17: RH to circulate letter from Chief Inspector about importance of being thorough in the HRA (use for evidence in HRA presentation). Wind Energy and use of functional land was noted as an important issue.
Habitat MK suggested a zonation approach for water sports/ dog walkers/ walkers/ cyclists etc. Action 18: DCC to check what is proposed in Destination Plans and ensure that the Core Strategy makes a link to them. Action 19: DCC to seek data on visitor numbers/ footfall from Durham Heritage Coast.
Regulations Our statement about relying on Water Cycle study was agreed to be broadly correct. Action 20: DCC to check with Northumbria Water about abstraction on River Tees – verify with Environment Agency. Action 21: DCC to check Northumbria Water’s “Strategic Direction Statement” for further information. MK suggest that with the Tees barrier in place the river is becoming a ‘marine controlled environment’ so river flows may not be an issue.
Assessment Table 28 Draft HRA Screening Report - Durham Local Plan - March 2012
Document Natural England Comments DCC Response Natural England Response Reference of Not The main general issue that we think may not have been Noted and agree that this issue will need to be Natural England does not hold records
the applicable considered in a sufficiently precautionary manner is recreational considered in a more precautionary manner. for visitor numbers or distances (1) impacts on the North Pennine Moors Special Area of Conservation We have tried to obtain data on the recreational travelled data for the North Pennine
County (SAC) and Special Protection Area (SPA) and South Pennine catchment for the North Pennine Moors SAC Moors SAC/SPA. However we note that Moors SPA/SAC. We notice that the proximity of Barnard Castle / SPA but have so far been unsuccessful in data is collected from ‘People Counters’ to these sites has been identified as an issue requiring further obtaining specific information. The tourism on the Pennine Way National Trail,
investigation on page 83 but would recommend that consideration destination plans for Durham County, and which may also be of use in this regard Durham is also given to the ‘in combination’ recreational impacts from specific plans for Barnard Castle and Stanhope and we believe that Durham Council’s Stanley (for example on page 158) and Crook, both of which are do not provide sufficient information in order access department hold this data. If you approximately 10km from the sites. to define a catchment. Do Natural England have difficulty acquiring this information
know of any other documents / research that we should be able to get hold of it for Plan It may be that obtaining any data available on the recreational may help? Otherwise we will have to rely on you. Furthermore the North Pennines catchment of these two sites will assist in screening out other research/reports on countryside access AONB may hold information about
Preferred settlements this far afield. that have been carried out in other parts of the visitors. country. Consultation Regarding the Moor House Upper We would be grateful if you could provide us Teesdale NNR management plan, we
with a copy of the management plan for Moor note that you have previously requested Options House Upper Teesdale NNR as this may this from us and we apologise for the contain information on travel distances which delay in getting it to you. We do not hold 143 A 144 A Habitat
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Regulations could possibly be extrapolated and applied to a digital copy of this document so if you the North Pennine Moors SAC/SPA if you could suggest a postal address we will agree with this approach? mail a hard copy to you immediately.
However we do advise that the data
therein is likely to be of limited use in Assessment this context. We therefore advise that, visitor surveys will be necessary in order to define a recreational catchment for these European sites, unless such information can be acquired from
another source, or extrapolated from of other suitable studies. the
We note that the North Pennine Moors County SPA/SAC extends into Northumberland, Northumberland
Durham National Park, Eden District and the Yorkshire Dales National Park planning authority boundaries, and that these planning authorities may therefore have
Plan dealt with this issue. It may therefore be useful to contact these planning
authorities regarding their approach. Preferred The in combination effect of your approach should also be considered alongside that of these planning authorities.
Options
Not As a related point, although we notice that where settlements are Noted and agree. Information from the Durham We agree with this approach, provided applicable located within 1km of the Durham Coast recreational pressure Heritage Coast Visitor Survey Report 2010 (2) has been identified as a potential impact pathway, we would may help us to establish a catchment. 1. that there is a clear commitment for suggest that, given the appeal of the coast settlements further However, it is considered that a further study this study to be undertaken; afield than 1km that these may also contribute to such pressure. may need to be undertaken with colleagues in Document Natural England Comments DCC Response Natural England Response Reference
Once again, obtaining any data available on the recreational Sunderland and Hartlepool Borough Council 2. that the LPA can demonstrate in the
Habitat catchment of the site will assist in screening out settlements to best define where visitors come from, how HRA that there is viable mitigation further afield. they access the site and how the site is used. which will when implemented result in Further consideration on the need for this study no likely significant effect , even if the
will be given once the results of the bird study study reveals that the impact is at the Regulations have concluded. (Due at the end of this month). top end of what might be expected; and
If the need for an additional study is required 3. That any development proposals there is a risk that this will not be complete by submitted prior to the study being the time that the draft County Durham Plan is completed will be treated with a
published (due Sep 2012). The findings and precautionary approach, and Assessment actions from this additional study are likely to appropriate assessment required where be incorporated into the Durham Heritage recreational pressure needs to be Coast Management Plan which is due to be addressed at the project stage. revised and monitored by the Management Plan forum. We would welcome the opportunity to
review the wording of this. of Would it be sufficient for the County Durham the Plan to make a commitment to the study and
commit to ensuring that development is County supportive of and complimentary to the resulting actions within the Durham Heritage Coast Management Plan?
Durham
Not It may be worthwhile considering possible mitigation options in Noted. We envisage that we will need to Natural England welcomes the proposal applicable relation to recreational disturbance. I believe Natural England include a policy within the County Durham Plan to include a policy related to SANGS
Plan (3) has provided guidance on this issue previously, however for on the need to provide SANGS within which has the potential to do a great information I outline the following: appropriate buffer zones of Natura 2000 sites. deal to mitigate the potential for
We are however, uncertain as to the need for recreational pressure on European Preferred Recreational impacts, including impacts from dogs/cats on a policy relating to a 400 metre no build zone. Sites.
SACs/SPAs: Currently, there are only six housing sites Consultation within 400m of a SPA. Two of which have Regarding sites within 400m of the Natural England’s stance in relation to cats is that any measure physical barriers such as the River Tees and SPA,could you clarify what relation
Options to prevent access or restrict cats away from sensitive areas East Coast Main Line between the housing site these six sites have to the Local Plan? cannot be supported as they are unsustainable. In relation to the If these are not allocated as part of the 145 A 146 A Habitat
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Regulations Thames Basin Heath Special Protection Area in Surrey there is and the SPA. The planners have also Local Plan then they do not need to be a 400m ‘no build zone’ which is also being considered in the New confirmed that they will not allocate any of addressed by HRA at this stage. If Forest. The 400m is based upon the roaming distance of cats. these sites within the County Durham Plan. subsequently planning applications are Natural England does not support covenants as a means of made within proximity to the SPA then controlling cats – again this is not an effective sustainable solution. However, please could you advise as to potential disturbance will need to be
Further sources of guidance are provided below: whether you consider we need a policy which dealt with by assessment at project Assessment addresses the ‘cats’ issue for development that stage. Bracknell Council are in the process of producing a ‘Special may come forward over the plan period? Protection Area Avoidance and Mitigation Supplementary Whether a development management Planning Document’, which may be of assistance in relation to policy is required to protect SPA’s from the provision of Suitable Alternative Natural Greenspace (SANGS) disturbance from cats depends on the
and access management and monitoring. Please note that this conclusions of your Habitat’s of is a draft document and therefore will require some Regulations Assessment. If it is not the amendment/improvement but provides a useful starting point. In possible to conclude no likely significant
addition the Thames Valley Basin Delivery Framework is a good effect then a suitable policy will be County resource. It is used by Local Planning Authorities affected by the necessary, for which a ‘no build zone’ SPA. It may also be worthwhile to read other HRA documents buffer may be appropriate. where recreational impacts have been discussed and mitigated,
Durham for example Breckland Council’s HRA for their Site Allocated DPD.