Final Habitats Regulation Assessment for the Hailsham Neighbourhood

Hailsham Neighbourhood Plan Habitats Regulations Assessment March 2020 How to Contact Us Planning Policy Wealden District Council Council Offices, Vicarage Lane, Hailsham, East Sussex BN27 2AX Telephone 01892 602008 E-mail: [email protected] Website: www.wealden.gov.uk Office hours Monday, Tuesday, Thursday, Friday 8.30am to 5.00pm and Wednesday 9.00am to 5.00pm You may also visit the offices Monday to Friday, to view other Local Plan documents. A copy of the Wealden Local Plan and associated documents can be downloaded from the Planning Policy pages of the Wealden website, www.wealden.gov.uk/planningpolicy or scan the QR code below with your smart phone. If you, or somebody you know, would like the information con- tained in this document in large print, Braille, audio tape/CD or in another language please contact Wealden District Council on 01323 443322 or [email protected] Wealden Local Plan Habitats Regulation Assessment of the Hailsham Neighbourhood Development Plan (Regulation 16) 1 Introduction 3 2 Background to the Hailsham Neighbourhood Development Plan (NDP) 7 3 Habitats Regulations Assessment Methodology 11 4 Pathways of Impact 25 5 Summary of the Screening Assessment of the Hailsham NDP 33 Contents 6 Appropriate Assessment of the Hailsham NDP 35 7 In combination Assessment 57 8 Conclusions and Recommendations 61 9 Statutory Consultee Response 65 Wealden Local Plan Habitats Regulation Assessment of the Hailsham Neighbourhood Development Plan (Regulation 16) Contents Wealden Local Plan Habitats Regulation Assessment of the Hailsham Neighbourhood Development Plan (Regulation 16) 1 Introduction 1.1 This report presents the findings and recommendations of the Habitat Regulations Assessment (HRA) undertaken by Wealden District Council, as the `competent authority' as provided by the Habitats Regulations, in regards to the draft Hailsham Neighbourhood Development Plan (Regulation 16), hereafter called the ªHailsham NDPº. The purpose of the HRA is to ensure that the requirements and legislative procedure as provided by The Conservation of Habitats and Species Regulations 2017 (as amended) has been met as part of the plan making process to ensure that the Hailsham NDP, once in place, Introduction will not result in an adverse effect on the integrity of the Natura 2000 network of European sites, designated for their biodiversity and conservation interest. 1 Legislative context 1.2 The Conservation of Habitats and Species Regulations 2017 (Habitat Regulations) transpose the requirements of EC Directive 2009/147/EC on the Conservation of Wild Birds (the Birds Directive) and EC Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive). 1.3 The Habitat Regulations set out a requirement for a Habitat Regulations Assessment (HRA) to be applied to all land use plans to assess the potential effect of a plan against the conservation objectives of European Sites including Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). 1.4 SACs are sites classified in accordance with Article 3 of the Habitats Directive, which seeks to establish a European network of important high-quality conservation sites that will make a significant contribution to conserving habitat types and species identified in Annex I and II of the Habitats Directive. SPAs are sites classified in accordance with Article 4 of the Birds Directive seeking to protect rare, vulnerable and regularly migratory birds as listed in Annex I of the Birds Directive. SPAs and SACs are commonly referred to as European Sites and as part of a system known as the Natura 2000 network. 1.5 Ramsar sites are designated under the International Convention on Wetlands of International Importance (the Ramsar Convention in Iran, 1971 and amended by the Paris protocol 1992). Ramsar sites are not protected in law by the Habitats Directive, however the National Planning Policy Framework (NPPF) sets out that Ramsar sites together with potential SPAs and candidate SACs (cSACs) should be given the same level of protection as European sites. 1.6 The main aim of the Habitats Directive is to ªmaintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interestº (Habitats Directive, Article 2(2)). This aim relates to habitats and species, not the European sites themselves, although the sites have a significant role in delivering conservation measures including management plans to achieve favourable conservation status and the objective of the Directive within the designated site. 1.7 The Habitat Regulations were recently amended by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 3 Wealden Local Plan Habitats Regulation Assessment of the Hailsham Neighbourhood Development Plan (Regulation 16) 1 2018. These amendments were made on 5th December and came into force on 28th Introduction December 2018. Habitats Regulations Assessment (HRA) 1.8 Under the Habitat Regulations (Regulation 63, 105 and 106), competent authorities (such as District Councils) have a duty to undertake an appropriate assessment where a land use plan or any other regulatory activity including projects and programmes is likely to have a significant effect on a European site.The purpose of an Appropriate Assessment is to assess the implications of a plan against the conservation objectives of the European site, and to ascertain that the plan would not, even in combination with other plans or projects, adversely affect the integrity of the site. The Habitats Directive applies the precautionary principle to European sites when assessing whether the effects of a plan are significant.This means that a plan can only be permitted after it has been determined that there will be no adverse effect on the integrity of the site(s) in question. 1.9 Where an adverse effect is identified, the Habitat Regulations promote the use of mitigation measures and avoidance of any potential damaging effects to the site. However, Article 6 (4) of the Habitats Directive provides several exceptions, which allows the plan or project to be approved in limited circumstances even if it would or may have an adverse effect on the integrity of a European site. 1.10 Under article 6 (4) a plan may only progress provided three sequential tests are met: there must be no feasible alternative solutions to the plan which are less damaging to the affected European site; there must be social or economic `imperative reasons of overriding public interest' (IROPI) for the plan or project to proceed; and all necessary compensatory measures must be secured to ensure that the overall coherence of the network of European sites is protected 1.11 These tests can only formally be considered once an appropriate assessment in line with article 6 (3) of the Directive has been undertaken and in the case of the plans, it is for the competent authority to prove, as a prerequisite, that each test can be met. With regards to public interest, this must be overriding, be of long-term gain and must outweigh the potentially damaging impacts that the plan or project may have on a European site. IROPI should only be considered in exceptional circumstances. However, if the above tests are met the plan or project can be approved. 1.12 Whilst it is the responsibility of the competent authority to prove that the sequential tests can be met, the decision as to whether a Plan or project can proceed lies with the Secretary of State, who must grant authorisation only when satisfied that any necessary compensation measures are taken to ensure the overall coherence of the network of European sites. 1.13 Prior to undertaking an appropriate assessment the competent authority must first 4 assess whether or not a plan is likely to result in a significant effect. This is essentially a Wealden Local Plan Habitats Regulation Assessment of the Hailsham Neighbourhood Development Plan (Regulation 16) risk assessment or screening process to decide whether the full appropriate assessment is required. Should it be determined that a plan will not result in significant effects then no further assessment will be required. If significant effects cannot be ruled out as unlikely, then an appropriate assessment will be required to consider any potential impacts further. This is discussed further within the Appropriate Assessment section below. 1.14 When preparing a suite of development plan documents, it is important that the HRA is undertaken in a way that is proportionate to the level of the document. The European Commission's own guidance on the application of the test of likely significant Introduction effect accepts that policies in a plan that are no more than general policy statements or which express the general political will of an authority cannot be likely to have a significant 1 effect on a site (1). 1.15 This issue (for Local Plans) has also been addressed in the High Court case of Feeney, in which the judge stated that: ª..First a Core Strategy is a high level strategic document and the detail falls to be worked out at a later stage. Subsequent appropriate assessment of specific proposals is plainly envisaged by, and indeed necessitated under, the regime. Each appropriate assessment must be commensurate to the relative precision of the plans at any particular stage and no more. There does have to be an appropriate assessment at the Core Strategy stage, but such an assessment cannot do more than the level of detail of the strategy at that stage permits". Adv. Gen. Kokott expressly recognises this at 49 of her Opinion in Commission v UK (2) . 1.16 The Advocate General©s Opinion in UK v Commission (3) (as referred to at paragraph 26 of the Feeney Judgement) specifically dealt with the assessment of land use plans for the purposes of Article 6 and stated at paragraph 49 (emphasis added): ª..Many details are regularly not settled until the time of the final permission.

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