Vale of Glamorgan Council Deposit Local Development Plan Habitats Regulations Assessment (Appropriate Assessment) Report September 2013 HABITATS REGULATIONS ASSESSMENT (APPROPRIATE ASSESSMENT) REPORT VALE OF GLAMORGAN COUNCIL DEPOSIT LOCAL DEVELOPMENT PLAN date: September 2013 issue no: 0.1 Draft November 2011 0.2 Final December 2011 0.3 Draft Revised September 2013 0.4 Final Revised September 2013 prepared by: Samantha Langford- Enfusion Holt Alastair Peattie checked by: Barbara Carroll Enfusion Treenwood House Rowden Lane Bradford on Avon BA15 2AU t: 01225 867112 www.enfusion.co.uk Vale of Glamorgan Council Deposit Local Development Plan Habitats Regulations Assessment (Appropriate Assessment) Report CONTENTS PAGE EXECUTIVE SUMMARY 1 INTRODUCTION 1 Requirement for Habitats Regulations Assessment 1 Guidance for Habitats Regulations Assessment/Appropriate 2 Assessment Consultation 4 Purpose & Structure of Report 4 2 METHOD 5 AA Screening Report (December 2007) – HRA of the VoG 5 Local Development Plan Draft Preferred Strategy HRA (AA) Report December 2011 6 Re-Screening of the Replacement Deposit LDP 8 Appropriate Assessment 8 3 RE-EVALUATION OF SCREENING FINDINGS (2013) 10 Deposit LDP Policy Screening 10 Site Allocations Screening 13 4 APPROPRIATE ASSESSMENT (2013) 18 AA Scope 18 Air Quality 18 Disturbance 24 Water Resources 27 Water Quality 29 5 CONCLUSIONS/ FUTURE WORK 33 BIBLIOGRAPHY 36 TABLES Table 1: Habitats Regulations Assessment: Key Stages 3 Table 2: AA Stage: Key Tasks 9 Table 3: Summary of Deposit LDP Policy Screening 11 Table 4: AA Scope 18 Table 5: Impacts of atmospheric pollution on Annex I Habitats 19 APPENDICES 1 European Site Characterisations 2 Plans and Programmes Review 3 Policy Screening 4 Site Allocations Screening 5 Consultation Responses Habitats Regulations Assessment: Vale of Glamorgan Council Deposit LDP EXECUTIVE SUMMARY 0.1 Habitats Regulations Assessment (HRA) of spatial, development plans is a requirement of the Habitats Directive (92/43/EEC) as set out in the Conservation of Habitats and Species Regulations 2010 (as amended). 0.2 The first stage of the HRA process (screening, December 2007) considered the likely significant effects of the Draft Preferred Strategy on European sites. An internal review of the 2007 Screening Report (March 2009) sought to ensure that no key issues or European sites were overlooked through the HRA process. As an integral part of the preparation of a Deposit Plan in 2012 (2012 Deposit LDP), a revised screening and then an Appropriate Assessment (AA) were carried out and presented in an HRA (AA) Report (Dec 2011), which was published alongside the 2012 LDP which was the subject of public consultation in February 2012. 0.3 The Vale of Glamorgan has since resolved not to progress the 2012 Deposit LDP and instead prepare a replacement Deposit LDP, and it is that Plan which is now the subject of this HRA Report. Nevertheless, the HRA process is an iterative one and, accordingly, this report builds upon the 2007 Screening Report and December 2011 HRA (AA) Report. 0.4 The Deposit LDP has undergone a number of changes from the 2012 Deposit LDP, which include the introduction of new policies and site allocations as well as amendments to existing policies and site allocations. As a result of the changes and in line with the requirements of the Habitats Regulations and current guidance the HRA (AA) Report (Dec 2011) has been revised and updated to accompany the Replacement Deposit LDP on consultation. The revised HRA (AA) Report sets out the methods, findings and the conclusions of the HRA for the Deposit LDP. In total, it was identified that nine European sites may be potentially affected by activities/ impacts arising from Deposit LDP Proposals. 0.5 The screening of Deposit LDP Policies and site allocations assessed that there was the potential for likely significant effects alone on the identified European sites as a result of the quantum and/ or location of proposed development. To address these issues the screening assessment recommended a number of policy safeguards in relation to specific LDP Policies and site allocations. The further screening work concluded that the Deposit LDP (including site allocations) would not have likely significant effects alone on European sites, if the recommended policy safeguards are incorporated into the Plan. 0.6 The further screening work identified four main areas of impact arising that may have the potential for significant in combination effects - with development proposed in surrounding areas - on the integrity of the identified European sites, which were water resources, water quality, 213/VoG HRA Dec 2011 ENFUSION Habitats Regulations Assessment: Vale of Glamorgan Council Deposit LDP disturbance and air quality. These issues were taken forward into the AA and considered in further detail. 0.7 The AA concluded that the LDP would not have adverse in combination effects on the integrity of the identified European sites as a result of increased disturbance, reduced air quality and reduced water levels and quality. This was based on the mitigation contained within the LDP Policies and the incorporation of recommendations made by the AA. 0.8 Welsh Government guidance notes that it is good practice to make information on HRA available to the public at each formal development plan consultation stage. Therefore, in addition to the statutory consultation undertaken with NRW, this report is being made available for consultation to the wider public. 213/VoG HRA Dec 2011 ENFUSION Habitats Regulations Assessment: Vale of Glamorgan Council LDP 2013 1.0 INTRODUCTION 1.1 The Vale of Glamorgan (VoG) Council is currently developing its Local Development Plan (LDP) and is undertaking Habitats Regulations Assessment (HRA) in line with the requirements set by the Conservation of Habitats and Species Regulations 2010 (as amended). 1.2 VoG Council produced a HRA Screening Report for the LDP Draft Preferred Strategy in December 2007. Enfusion Ltd, sustainability and environmental consultants, have been commissioned to further progress the HRA work. Enfusion undertook an internal review of the 2007 Screening Report (March 2009) to ensure that no European sites or significant issues had been overlooked. As an integral part of the preparation of a Deposit Plan in 2012 (2012 Deposit LDP), a revised screening of the 2012 LDP and then an Appropriate Assessment (AA) were carried out and presented in an HRA (AA) Report (Dec 2011), which was published alongside the Deposit LDP for consultation in February 2012. 1.3 Following local government elections in May 2012, the new administration resolved not to progress the 2012 Deposit LDP and commence work on a replacement Deposit LDP (“the Deposit LDP”). Since then the Council has been in the process of preparing a Deposit LDP, which includes new and amended policies and site allocations. To address these changes and ensure that the Deposit LDP is sufficiently considered through the HRA process, a Revised HRA (AA) Report has been produced. 1.4 This HRA (AA) Report provides a re-screening of Deposit LDP policies and site allocations to ensure that any likely significant effects are identified and addressed. It also provides a revised AA to take account of the findings of the re-screening and ensure that the Deposit LDP will have no adverse effects on the integrity of European sites. Comments provided by the Countryside Council for Wales (CCW) (now Natural Resources Wales (NRW)) on the previous HRA (AA) Report (Dec 2011) have also been used to inform this HRA (AA) Report. Requirement for Habitats Regulations Assessment 1.5 The European Directive (92/43/EEC) on the Conservation of Natural Habitats and Wild Flora and Fauna (the Habitats Directive) protects habitats and species of European nature conservation importance. The Habitats Directive establishes a network of internationally important sites designated for their ecological status. These are referred to as Natura 2000 (N2K) sites or European Sites, and comprise Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) [which are classified under the Council Directive 79/409/EEC on the conservation of wild birds, the ‘Birds Directive’]. 1.6 Articles 6 (3) and 6 (4) of the Habitats Directive require AA to be undertaken on proposed plans or projects which are not necessary for 213/VoG HRA Sept 2013 1/ 37 ENFUSION Habitats Regulations Assessment: Vale of Glamorgan Council LDP 2013 the management of the site but which are likely to have a significant effect on one or more European sites either individually, or in combination with other plans and projects1. This requirement is set out in the Conservation of Habitats and Species Regulations 2010 (as amended) which require the application of HRA to all land use plans. Welsh Government (WG) guidance also requires that Ramsar sites (which support internationally important wetland habitats) and are listed under the Convention on Wetlands of International Importance (Ramsar Convention 1971) are included within HRA and that candidate SACs and proposed SPAs are treated as ‘designated’ sites in the context of HRA. 1.7 The purpose of HRA is to assess the impacts of a land-use plan, in combination with the effects of other plans and projects, against the conservation objectives of a European Site and to ascertain whether it would adversely affect the integrity2 of that site. Where significant negative effects are identified, avoidance/ mitigation measures or alternative options should be examined to avoid any potential