Report on Appropriate Assessment Rummey Environmental Ltd. Neatscourt Phase 1and Rushenden Relief Road Report on Appropriate Assessment under the Conservation (Natural Habitats &c.) Regulations 1994 Rev and Date Document Ref: Author/ Reviewer 13/4/07 130407.draft H Lucking/ S Kaner 17/4/07 170407.draft H Lucking/S Kaner 18/04/07 180407.draft S Kaner 23/04/07 230407 S Kaner/K Coleman/J Smith 12/06/07 120607.draft S Kaner 22/06/07 220607 S Kaner Rummey Environmental Ltd South Park Studios Sevenoaks Kent TN13 1AN June 2007 Doc ref: 250607 1 Report on Appropriate Assessment Rummey Environmental Ltd. Contents: Executive Summary 1.0 Introduction 2.0 Medway Marshes and Estuary SPA/Ramsar and the Swale SPA/Ramsar Appropriate Assessment 3.0 Scheme Description and Mitigation 4.0 Impact Assessment of Neatscourt Phase 1, Rushenden Relief Road and other known development within the Medway Marshes and Estuary SPA/Ramsar and Swale SPA/Ramsar 5.0 Conclusions on the impact on integrity of the Medway Marshes Estuary SPA/Ramsar and Swale SPA/Ramsar Sites Appendix A - Site Surveys Appendix 1 - Detailed count data wintering birds Appendix 2 - Detailed count data estuarine birds Fig 1 Location of SPA and Ramsar sites Fig 2 The location of Neatscourt Phase 1 and Rushenden Relief Road in relation to the SPA and Ramsar sites. Fig 3 Rushenden Relief Road Development Proposals Fig 4 Neatscourt Phase 1 Development Proposals Fig 5 South Bund Details and Sections Fig 6 Drainage Strategy Fig 7 Lighting for Rushenden Relief Road Development Fig 8 Lighting Plan for Neatscourt Phase 1 Development Fig 9 Approximate location of other known developments within the SPA/Ramsar Sites. Fig 10 Bird Recording Zones Table 1 Other Schemes considered within the Medway Marshes and Estuary SPA/Ramsar and Swale SPA/Ramsar Table 2a Medway Estuary and Marshes SPA Annex 1 species information Table 2b Medway Estuary and Marshes SPA migratory species information Table 3a The Swale SPA Annex 1 species information – SPA review Table 3b The Swale SPA migratory species information – SPA review Table 3c The Swale Migratory Species information – current SPA citation not review data Table 4a Summary of Qualifying Ornithological Interest – SPA Review data June 2007 Doc ref: 250607 2 Report on Appropriate Assessment Rummey Environmental Ltd. Table 4b Summary of Qualifying Ornithological Interest – SPA Citation data Table 5 Summary of Ramsar Invertebrate interest Table 6 Existing and Proposed Drainage System Table 7 Predicted Average Noise Impact at Neatscourt Phase 1 from various construction activities Table 8 Modelled noise increases associated with A249 Table 9 The Location of Temporary Construction Lighting Table 10 Summary of Artificial Lighting, Rushenden Relief Road Table 12 Summary of Artificial Lighting for Neatscouirt Phase 1 Table 13 Screening effects of the Neatscourt Phase 1 buildings Table 14 Summary impacts, mitigation and significance of effects on SPA/Ramsar sites. June 2007 Doc ref: 250607 3 Report on Appropriate Assessment Rummey Environmental Ltd. Executive Summary Introduction and purpose of the report 1. Two planning applications have recently been submitted for development at Neatscourt Marshes on the Isle of Sheppey. They are an application for a new Rushenden Link Road (application reference SW/06/TEMP/0083 submitted by SEEDA/Kent County Council to Kent County Council) and an application for mixed commercial uses on the land known as Neatstcourt Phase 1 (application reference SW/06/1488 submitted by SEEDA/Aldi/Crown Estates to Swale Borough Council). 2. The application sites lie in close proximity to two areas identified as being of international importance for their ecological interest, and designated as Special Protection Area under the relevant European Directives, and Ramsar sites under the Ramsar Convention. These are the Medway Estuary and Marshes SPA/Ramsar site and The Swale SPA/Ramsar site. Both areas have similar ecological attributes. 3. The Environmental Statements that accompany both planning applications identify the potential for significant adverse impacts on the nearby SPA/Ramsar designations. In such circumstances, the Conservation (Natural Habitats &c) Regulations requires the “competent authority” (i.e. in this case the two Planning Authorities of Kent County Council and Swale Borough Council) to undertake an “appropriate assessment” of the impact of the development on the overall integrity of the designated sites before determining the planning applications. 4. This report is therefore intended to inform that appropriate assessment through the identification of the impacts of the proposed developments on the SPA/Ramsar sites (taking into account other relevant proposed development in the area), and the consideration of appropriate mitigation measures that will be provided as part of the development (and secured through the use of planning conditions) in order to neutralise any such impacts. Background and Context 5. The report provides background information on the existing bird populations both within the SPA area and on the application sites themselves, by way of context. It notes that although the application sites are outside the SPAs and are not classified as either SPAs or pSPA, some parts of them nevertheless support a population of birds of the same species as are found within the SPAs, albeit at a lesser density. The report also provides background information on the flora and invertebrates of interest within the Ramsar sites. 6. The Medway Estuary and Marshes covers approximately 4,684 ha of land. The Swale site covers approximately 6,514 ha of land. In terms of local context, the report also notes that the application sites and parts of the adjoining SPA/Ramsars sites are already the subject of noise, visual and light pollution from existing urban development in the immediate vicinity, in particular the June 2007 Doc ref: 250607 4 Report on Appropriate Assessment Rummey Environmental Ltd. recently completed A249, existing recreation uses, the adjoining Port car storage compound, the railway, and the adjoining urban areas. This is relevant because whilst the proposed development has its own impacts, it also serves in some instances to mitigate against existing sources of disturbance in the area. It is therefore relevant to look at the net effect of the development, and the potential for enhancement compared to the existing baseline conditions. Mitigation Proposals 7. As part of the planning application proposals, a number of mitigation measures have already been proposed or are to be offered by the applicants, which, inter alia, provide for: ! Enhancement measures within the existing SPA to improve its suitability for SPA species – a minimum of 14 ha of land is proposed for enhancement (which equates to at least the scale of grazing marsh lost); ! Replacement of the non-SPA grazing marsh lost to the development itself by the provision of an equivalent area or areas of land (calculated to be 13.2 ha) adjacent to the SPA elsewhere; ! Orientation and design of built development both to reduce the impact of human activity and disturbance on the adjoining SPA/Ramsar sites, and to provide a buffer to existing noise and disturbance from the A249; ! Provision of bunding to the southern boundary of the site to minimise disturbance from on-going operations on the new development, and to reduce the impact of disturbance during construction; ! Replacement of water-courses lost as a result of the development with double the length of new water-courses, including translocation of plants and sediment to assist in populating the new water-course network, and with the benefit of a maintenance/management programme to control water quality (in contrast to the existing situation); ! Erection of fencing to control access and reduce disturbance to the adjoining SPA/Ramsar sites; ! Careful design of lighting to minimise impact on the adjoining SPA/Ramsar sites, and including no night time working during the construction phases; ! A Construction Method Statement to be provided to manage risks during the construction stage, to ensure best practice followed; ! An Ecological Construction Management and Monitoring Plan to be implemented, and which would include a Watching Brief during the construction period with a suitably experienced Project Ecologist to advise and supervise works which may affect ecological interests; ! A long-term (minimum 10 years post construction) Site Management and Monitoring Plan to be provided to ensure favourable continuity of the above mitigation measures June 2007 Doc ref: 250607 5 Report on Appropriate Assessment Rummey Environmental Ltd. Cumulative Effects 8. This assessment has had regard to the combined effects of the Neatscourt Phase 1 and Rushenden Link Road planning applications together (although where the effects of the two proposals are different, the report notes this). 9. In line with Government and European policy requirements, the report has also had regard to the potential cumulative effects of other development proposals. In the immediate vicinity, further commercial development is anticipated at Neatscourt as part of the emerging Masterplan for the area. Similar effects are likely to arise, but by the same token similar mitigation measures will be required to be incorporated within the developments if they are to be acceptable. 10. The emerging Masterplan for Queenborough and Rushenden also includes redevelopment of former commercial sites to the west of the railway line. Elements of that development could have an effect on the Medway SPA, although proposals are still at an early stage. Agreement has however already been reached that a separate Appropriate Assessment for the wider Masterplan will be undertaken before that project is considered further by Swale Borough Council. This will provide an appropriate vehicle for any effects to be considered. 11. Regard has also been had to a number of other infrastructure projects in the wider area, and relevant information has been reviewed. From the information obtained from the relevant Local Authorities, most are not considered to have significant impacts either individually or collectively.