Habitats Regulations Assessment Minerals Safeguarding DPD Evidence Report Submission June 2017 HRA Minerals Safeguarding DPD Evidence Report 1 Submission June 2017 Contents Introduction .............................................................................................. 3 Background ............................................................................................ 3 Report Format ........................................................................................ 3 Cornwall Local Plan .................................................................................. 3 Cornwall Local Plan HRA Conclusions ......................................................... 4 Habitats Regulations ................................................................................... 4 Requirements for a Habitats Regulations Assessment .................................. 4 Scope of Habitats Regulations Assessment ................................................. 5 Habitats Regulations Assessment Process ................................................... 5 HRA Stage 1: Likely significant effects .......................................................... 6 Steps in Stage 1: Screening ..................................................................... 6 European Sites........................................................................................ 6 Screening Assessment ............................................................................. 7 Step 1: Management of a European site .................................................. 7 Step 2: Description of the Plan ............................................................... 7 Step 3: Identification of Impacts ............................................................ 8 Step 4: Assessment of Significance ......................................................... 9 Conclusion ............................................................................................ 14 Appendix 1: European Sites ...................................................................... 15 Features and vulnerabilities .................................................................... 15 Appendix 2: Local Plan Policy 18 Screening October 2014/February 2016 ....... 26 List of Figures Figure 1 Mineral Safeguarding Areas and European Sites ................................ 9 List of Tables Table 1 Assessment of potential impact and Likely Significant Effect ............... 11 HRA Minerals Safeguarding DPD Evidence Report 2 Submission FINAL June 2017 Introduction Background This document sets out Cornwall Council’s Habitats Regulations Assessment (HRA) screening of the Minerals Safeguarding Development Plan Document (DPD). The Minerals Safeguarding DPD has been produced to identify mineral resources in Cornwall which require safeguarding. Under the requirements of the European Council Directives ‘The Habitats Directive’ and ‘The Wild Birds Directive’ it is necessary to consider whether the Minerals Safeguarding DPD may have significant impacts upon areas of nature conservation importance designated under the Directives. If significant impacts are identified it would be necessary to further consider the impacts through an ‘Appropriate Assessment’. This requirement is set out in Article 6 of the EC Habitats Directive and is transposed in to UK law by Regulation 61 of The Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations). Report Format This screening assessment has been produced for the Minerals Safeguarding DPD. The methodology and HRA for the Cornwall Local Plan has been used as a basis for this screening assessment. This report sets out: The HRA process and methodology The policy within the Mineral Safeguarding DPD The relevant European sites The potential impacts upon the relevant European sites arising from the Minerals Safeguarding DPD The Likely Significant Effects of the Minerals Safeguarding DPD Cornwall Local Plan The Cornwall Local Plan Strategic Policies contains two specific minerals policies; policy 17 sets out the general principles of minerals development to enable a sustainable minerals industry. Policy 18 sets out the strategic principles for safeguarding mineral resources and infrastructure, and is reproduced below for information. Policy 18: Minerals safeguarding 1. Important mineral resources and reserves and existing, planned and potential bulk transport, storage, handling and processing facilities and sites shall be safeguarded from sterilisation by other forms of incompatible development. 2. Mineral Safeguarding Areas will be identified for the following minerals resources and reserves; aggregates (both primary and secondary), china clay, building and ornamental stone (including roofing and heritage HRA Minerals Safeguarding DPD Evidence Report 3 Submission FINAL June 2017 materials) and metals (including relevant shafts and adits), 3. Mineral Safeguarding Areas will be identified for the following existing, planned and potential mineral infrastructure; key concrete batching and other products and roadstone coating, storage, handling, processing and distribution of minerals, the bulk transport of minerals by rail, sea (ports) or haul roads. The Cornwall Minerals Safeguarding Development Plan will develop detailed policy and identify sites for safeguarding minerals, mineral resources and associated facilities for transport, storage, handling and processing for onward transport by rail or sea. Key sites used for the batching / manufacture of concrete products and coated materials will also be identified for safeguarding as well as sites for processing and the distribution of substitute recycled and secondary aggregate materials. Policy will also be developed to encourage prior extraction where appropriate. The supporting text to Policy 18 makes it clear that identification of a Mineral Safeguarding Areas does not indicate a presumption in favour of mineral working, it merely identifies where potential mineral resources are located. The policy sets out the issues to be considered in the Minerals Safeguarding DPD. Cornwall Local Plan HRA Conclusions The Cornwall Local Plan HRA concluded that Policy 18 Mineral Safeguarding could be ‘screened out’ as it is concerned with ensuring that minerals bearing land is not sterilised by inappropriate development; safeguarding of such land does not carry with it any presumption in favour of mineral working. The detailed conclusion for Policy 18 is set out in Appendix 2: Local Plan Policy 18 Screening October 2014/February 2016. Habitats Regulations Requirements for a Habitats Regulations Assessment The requirement to undertake a Habitats Regulations Assessment of development plans is set out within Article 6 of the EC Habitats Directive 1992 and interpreted into British law by Regulation 61 of The Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations). The Habitats Regulations Assessment refers to the assessment of the potential effects of a development plan on one or more European Sites. European Sites are defined in Regulation 8 and include: Special Protection Areas (SPAs) Special Conservation Areas (SACs) Sites which are being considered for designation as one of the above (referred to as pSPA or cSAC). HRA Minerals Safeguarding DPD Evidence Report 4 Submission FINAL June 2017 RAMSAR sites are wetlands of international importance, listed under the Convention on Wetlands of International Importance (Ramsar Convention 1971). It is Government policy to afford them the same protection as European Sites. Scope of Habitats Regulations Assessment According to government guidance “The comprehensiveness of the assessment work undertaken should be proportionate to the geographical scope of the plan/policy and the nature and extent of any effects identified.” The Habitats Directive applies the precautionary principle to European sites. Plans and projects can only be permitted having ascertained that there will be no adverse effect on the integrity of the site(s) in question. Plans and projects may still be permitted if there are no alternatives to them and there are Imperative Reasons of Overriding Public Interest as to why they should go ahead. In such cases, compensation would be necessary to ensure the overall integrity of the site network. The scope of the HRA of the Mineral Safeguarding Area DPD is limited. The ability to make conclusions on the likelihood of significant adverse effects on European sites is restricted due to the lack of detailed technical evidence at this stage. There is no presumption in favour of mineral development in a Mineral Safeguarding Area and applications will be considered on a case by case basis including, where appropriate, accompanied by evidence assessing the likely significant effects on European sites. Habitats Regulations Assessment Process The Habitats Regulations Assessment is usually undertaken in stages; Stage 1: Screening – identifies the likely significant impacts on European sites of a plan or project, either alone or in-combination with other plans or projects. Stage 2: Appropriate Assessment – detailed consideration of the impact on a European site with respect to the site’s conservation objectives. Stage 3: Assessment of Alternative Solutions – examination of alternative ways of achieving the plan or project’s objectives that avoids adverse impacts on a European site. Stage 4: Assessment where no alternative solutions exist – assessment of whether the development is necessary for imperative reasons of overriding