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Habitat Regulations Assessment 2021 Herefordshire Council Habitats Regulations Assessment for the Herefordshire Minerals and Waste Local Plan x Publication Draft Stage Final report Prepared by LUC December 2020 Herefordshire Council Habitats Regulations Assessment for the Herefordshire Minerals and Waste Local Plan Publication Draft Stage Version Status Prepared Checked Approved Date Draft HRA Screening D. Green D. Green T. Livingston 07.09.20 1. Report 18 T. Livingston Final HRA Screening M. McGinley T. Livingston T. Livingston 16.11.20 2. Report 18 Final HRA Report: M. Nash D. Green T. Livingston 17.12.20 3. Publication Draft and T. 20 (Appropriate Livingston Assessment) Bristol Land Use Consultants Ltd Landscape Design Edinburgh Registered in England Strategic Planning & Assessment Glasgow Registered number 2549296 Development Planning London Registered office: Urban Design & Masterplanning Manchester 250 Waterloo Road Environmental Impact Assessment London SE1 8RD Landscape Planning & Assessment landuse.co.uk Landscape Management 100% recycled paper Ecology Historic Environment GIS & Visualisation Contents HRA for the Herefordshire Minerals and Waste Local Plan December 2020 Contents Wye Valley and Forest of Dean Bat Sites Chapter 1 SAC 54 Introduction 1 Background 1 Chapter 6 The requirement to undertake HRA of Conclusions 56 development plans 2 Stages of Habitats Regulations HRA Screening 56 Assessment 4 Appropriate Assessment 56 HRA work carried out previously 6 Summary of Recommendations 58 Relevant Case Law Changes 6 Structure of this HRA Report 8 Appendix A European Site Information A-0 Chapter 2 The Publication Draft Herefordshire Appendix B Minerals and Waste Local Plan 9 HRA Screening Matrix B-0 Summary of the Publication Draft Herefordshire Minerals and Waste Local Appendix C Plan 9 Other Relevant Plans and Projects C-0 Chapter 3 Method 15 Table of Tables Table 1.1: Stages of HRA 5 Screening Assessment 15 Table 2.1: Publication Draft MWLP Appropriate Assessment 21 Policies and Proposed Site Allocations 11 Table 3.1: Potential impacts of minerals Chapter 4 and waste development on European sites 17 Screening Assessment 23 Table 4.1: Summary of Initial Screening Assumptions 30 Initial Screening Assumptions 23 Table 4.2: Summary of screening Summary of Initial Screening Assumptions 29 conclusions 44 HRA Screening of Policies and Site Table A.1: European Site Information A-1 Allocations 31 Table B.1: HRA Screening Matrix B-1 HRA Screening Assessment 33 Table C.1: Other relevant plans and ‘In-combination’ effects 42 projects C-1 Summary of HRA Screening Conclusions 43 Table of Figures Chapter 5 Appropriate Assessment 46 Figure 2.1: Structure of the Herefordshire Local Plan 10 River Wye SAC 47 LUC I i Contents HRA for the Herefordshire Minerals and Waste Local Plan December 2020 Contents Figure 3.1: European Sites and Minerals and Waste Sites in Herefordshire 20 Figure 4.1: Traffic Contribution to Pollutant Concentration at Different Distances from the Road Centre 26 LUC I ii Chapter 1 - Introduction HRA for the Herefordshire Minerals and Waste Local Plan December 2020 Chapter 1 Introduction LUC was commissioned in 2018 by Herefordshire Council to carry out a Habitats Regulations Assessment (HRA) of the emerging Herefordshire Minerals and Waste Local Plan (MWLP). This HRA Report relates to the Regulation 19 version of the Publication Draft MWLP (2020) and it should be read in conjunction with this document, together with the following key documents: ◼ ‘Preparing the Publication Draft Plan Report’ (September 2020); and, ◼ Herefordshire Local Plan - Core Strategy 2011-2031 (adopted October 2015). Background Herefordshire Council is currently preparing a new Minerals and Waste Local Plan (‘Publication Draft’ Regulation 19 stage). Once adopted, the MWLP will replace the saved minerals and waste policies contained in the Herefordshire Unitary Development Plan. The Publication Draft MWLP covers the period up to 31 December 2041 and applies across the administrative area of Herefordshire. The Publication Draft MWLP has been produced taking into account the National Planning Policy for Waste, Planning Practice Guidance on Minerals and Waste, up-to-date evidence base studies (the minerals and waste need assessments were updated in 2019 and a Strategic Food Risk Assessment (SFRA) was prepared in January 2020) and ensuring close co-operation with neighbouring local authorities on cross-boundary issues. LUC I 1 Chapter 1 Introduction HRA for the Herefordshire Minerals and Waste Local Plan December 2020 It provides a clear vision, objectives and Herefordshire Council can commission spatial strategy for minerals and waste up to consultants to undertake HRA work on its 2041, consistent with that set out in the behalf and this (the work documented in this Herefordshire Local Plan Core Strategy 2011- report) is then reported to an considered by 2031 (adopted October 2015) ensuring that it Herefordshire Council as the ‘competent provides sufficient opportunities to meet the authority’. Herefordshire Council will consider identified needs of the area for waste work and may only progress the Local Plan if it management and a steady and adequate considers that the Plan will not adversely supply of all economically significant minerals affect the integrity5 of any European site. The in the Plan area. The Publication Draft MWLP requirement for authorities to comply with the also presents the core principles for minerals Habitats Regulations when preparing a Local and waste development, location-specific Plan is also noted in the Government’s online policies in relation to where minerals and Planning Practice Guidance (PPG). waste development should be developed, and HRA refers to the assessment of the development management style policies potential effects of a development plan on one addressing specific issues that each or more European Sites, including Special development proposal should address. Protection Areas (SPAs) and Special Areas of Conservation (SACs): The requirement to undertake ◼ SACs are designated under the Habitats HRA of development plans Regulations as amended and target The requirement to undertake HRA of particular habitat types (specified in Annex development plans was confirmed by the 1 to the Habitats Directive) and species amendments to the Habitats Regulations (specified in Annex II to the Habitats published for England and Wales in July 20071 Directive). These annexes to the Habitats and updated in 20102 and again in 20123 and Directive list habitat types and species 2017. These updates were consolidated into (excluding birds) considered to be most in the Conservation of Habitats and Species need of conservation at a European level. Regulations 20174. Therefore, when preparing Designation of SACs also has regard to the Publication Draft MWLP, Herefordshire the threats of degradation or destruction to Council is required by law to carry out a which the sites are exposed and, before Habitats Regulations Assessment. EU exit day, to the coherence of the ____________________________________________________________________________________________________ 1 The Conservation (Natural Habitats, &c.) 3 The Conservation of Habitats and Species (Amendment) Regulations 2007 (2007) SI No. (Amendment) Regulations 2012. Statutory 2007/1843. Instrument 2012 No. 1927. 2 4 The Conservation (Natural Habitats, &c.) The Conservation of Habitats and Species (Amendment) Regulations 2007. HMSO Regulations 2017. Statutory Instrument 2017 Statutory Instrument 2007 No. 1843. From 1 No. 1012. 5 April 2010, these were consolidated and The integrity of a site is the coherence of its replaced by the Conservation of Habitats and ecological structure and function, across its Species Regulations 2010 (SI No. 2010/490). whole area, that enables it to sustain the Note that no substantive changes to existing habitat, complex of habitats and/or the levels policies or procedures have been made in the of populations of the species for which it was new version. designated. (Source: UK Government Planning Practice Guidance) LUC I 2 Chapter 1 Introduction HRA for the Herefordshire Minerals and Waste Local Plan December 2020 Natura 2000 network of European sites. For ease of reference during HRA, these After EU exit day, regard is had to the designations are collectively referred to as 10 importance of such sites for the coherence ‘European sites’ , despite Ramsar sites being of the national site network. designated at the international level. 6 ◼ SPAs are areas classified for rare and The overall purpose of the HRA is to vulnerable birds or regularly occurring conclude whether or not a proposal or policy, migratory species. or the whole development plan, would 7 adversely affect the integrity of the European ◼ Potential SPAs (pSPAs) , candidate SACs 8 site in question, either alone or in combination (cSACs) , Sites of Community Importance 9 with other plans and projects. This is judged in (SCIs) and Ramsar sites should also be terms of the implications of the plan for the included in the HRA. ‘qualifying features’ for which the European ◼ Ramsar sites support internationally site was designated, i.e.: important wetland habitats and are listed ◼ SACs – Annex I habitat types and Annex under the Convention on Wetlands of 11 International Importance especially as II species ; 12 Waterfowl Habitat (Ramsar Convention, ◼ SPAs are areas classified for rare and 1971). vulnerable birds or regularly occurring 13 migratory species ; ____________________________________________________________________________________________________
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