East Riding of Yorkshire Local Plan Strategy Document Habitat Regulations Assessment Stage 2- Appropriate Assessment East Riding of Yorkshire Council January 2014 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment Notice This report was produced by Atkins Limited for East Riding Council in response to their particular instructions. This report may not be used by any person other than East Riding Council without East Riding Council’s express permission. In any event, Atkins accepts no liability for any costs, liabilities or losses arising as a result of the use of or reliance upon the contents of this report by any person other than East Riding County Council. No information provided in this report can be considered to be legal advice. This document has 37 pages including the cover. Document history Job number: 5044788 Document ref: Client signoff Client East Riding of Yorkshire Council Project East Riding Local Plan Strategy Document Document title Habitat Regulations Assessment Stage 2- Appropriate Assessment Job no. 5044788 Copy no. Document Habitat Regulations Assessment Stage 2- Appropriate Assessment reference Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment Table of contents Chapter Pages 1. Introduction and Background 1 1.1. Background to this Assessment 1 1.2. Background to the HRA Process 1 1.3. Previous HRA Work 2 1.4. Structure of this Report 2 2. Methodology 3 2.1. Stage 1 Habitat Regulations Assessment - Screening 3 2.2. Stage 2: Appropriate Assessment 4 3. The International Sites 6 4. Stage 2 – Appropriate Assessment 12 4.1. Summary of the Results of Stage 1 – Screening 12 4.2. Draft Policy S6 (Part B Only) 12 4.3. Policy S6 - Delivering Employment Land 13 4.4. Assessment of Adverse Impact Upon Integrity 23 5. Mitigation 25 5.1. Hedon (Newton Garth) 26 5.2. Hedon Haven 27 5.3. Policy S6 27 6. Assessment of In Combination Effects 28 7. Conclusions 33 Tables Table 1: Information about the Humber Estuary SAC 6 Table 2: Information about the Humber Estuary SPA 7 Table 3: Information about the Humber Estuary Ramsar Site 9 Table 4: Conservation Objectives for the Humber Estuary SAC, SPA and Ramsar Site 11 Table 5: Development Related Proposals within Policy S6 – Delivering Employment Land 12 Table 6: LDO Site Wintering Bird Survey Summary of Results 17 Table 7: Wider Hedon Haven Site Wintering Bird Survey Summary of Results 18 Table 8: HRAs Undertaken for Other Policies and Plans Included in this Appropriate Assessment 28 Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment 1. Introduction and Background 1.1. Background to this Assessment This Habitats Regulations Assessment (HRA) Stage 2: Appropriate Assessment has been carried out by Atkins Limited (Atkins) on behalf of East Riding of Yorkshire Council for the Local Plan Strategy Document. The Local Plan Strategy Document is hereafter referred to as ‘the Plan’. The Plan covers the whole county of East Riding and is a high-level strategic document that considers development in the county between now and 2029. The Plan consists of eight Spatial Strategy policies. These policies cover: Policies S1 to S8 dealing with strategic policies across the county. The Plan has a total of 20 Development Policies. These policies can be split into the following four groups: A Healthy and Balanced Housing Market (H1 to H4); A Prosperous Economy (EC1 to EC7); A High Quality Environment (ENV1 to ENV6); A Strong and Healthy Community (C1 to C3). The Plan also includes six Sub Area policies. These cover: Policies A1 to A6 dealing with development within the following six defined sub areas: Beverley & Central sub area; Bridlington Coastal sub area; Driffield & Wolds sub area; Goole and Humberhead Levels sub area; Holderness & Southern Coastal sub area; Vale of York sub area. 1.2. Background to the HRA Process An HRA is required by the Conservation of Habitats and Species Regulations 2010 (the Habitats Regulations), for all plans and projects. Stage 1 of the HRA process is a screening stage which seeks to determine whether the plan or project might have a likely significant effect on a European site (either alone or in combination with other plans or projects). If a plan or project might have a likely significant effect (LSE) then a Stage 2 ‘appropriate assessment’ is required, except in cases were the plan or project is directly connected with or necessary to the management of the European site. The appropriate assessment determines whether the plan or project would have an adverse effect upon the integrity of the European site. European sites include Special Areas of Conservation (SAC) and Special Protection Areas (SPA). HRA is also required, as a matter of UK Government policy, for potential SPAs (pSPA), candidate SACs (cSAC) and listed Wetlands of International Importance (Ramsar sites) for the purposes of considering plans and projects, which may affect them1. Hereafter all of the above designated nature conservation sites are referred to as ‘international sites’. An appropriate assessment (Stage 2 of the HRA process) is required if it is determined during the Stage 1 Screening assessment, that the project or plan will not have a likely significant effect on an international site. None of the proposals within the Plan are directly connected with, or necessary to, the nature conservation management of the international sites. 1 Department for Communities and Local Government (2012). National Planning Policy Framework. Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 1 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment The stages of HRA process are: Stage 1 – Screening: To test whether a plan or project either alone or in combination with other plans and projects is likely to have a significant effect on an international site. If it cannot be concluded that there will be no likely significant effect on any international site, Stage 2 is needed; Stage 2 – Appropriate Assessment: To determine whether, in view of an international site’s conservation objectives, the plan (either alone or in combination with other projects and plans) would have an adverse effect (or risk of this) on the integrity of the site with respect to the site structure, function and conservation objectives. If adverse effects are anticipated, potential mitigation measures to alleviate impacts should be proposed and assessed; Stage 3 – Assessment of alternative solutions: Where a plan is assessed as having an adverse effect (or risk of this) on the integrity of an international site, there should be an examination of alternatives (e.g. alternative locations and designs of development); and Stage 4 – Assessment where no alternative solutions remain and where adverse effects remain: In exceptional circumstance (e.g. where there are imperative reasons of overriding public interest), compensatory measures to be put in place to offset negative impacts. This report comprises the Stage 2 Appropriate Assessment of the the Policy S6 part B in Local Plan Strategy Document which was identified at Stage 1 as having a likely significant effect on the international sites. 1.3. Previous HRA Work Atkins completed a Stage 1 (Screening) assessment of the Local Plan Draft Strategy Document in January 20132. This report was revised following comments from Natural England in April 20133. The revised Stage 1 Screening assessment identified that part B of Policy S6 - Delivering Employment Land (as drafted in the Local Plan Draft Strategy Document) may lead to likely significant effects on the Humber Estuary SAC/SPA/Ramsar site. The Draft policy (S6 part B) referred to development of the whole 240 ha of the site, without any mitigation within the site. This stage 2 appropriate assessment therefore starts by reassessing that proposal which formed part of the Draft Plan. This approach has been taken to enable the HRA to inform the development of the plan and record and justify any changes made to the plan as a result of this iterative HRA process. This approach has been followed with regard to advice from Natural England. 1.4. Structure of this Report Following this introduction: Section 2 outlines the methodology used for this Stage 2 Appropriate Assessment; Section 3 provides details of the relevant international sites, including their qualifying features and Conservation Objectives; Section 4 outlines the other plans and projects which are included in the ‘in combination’ aspect of the assessment and discusses the ‘in combination’ effects; Section 5 details the results of the Stage 2 assessment; Section 6 discusses the mitigation going forward; and, Section 7 concludes the assessment. 2 East Riding Local Plan Strategy Document - Habitat Regulations Assessment Stage 1: Screening (produced by Atkins in January 2013) 3 Natural England Letter Reference 77571 & 79281 Atkins East Riding of Yorkshire Core Strategy | Version 1.0 | 31 July 2013 | 5044788 2 Habitat Regulations Assessment Stage 2- Appropriate Assessment Habitat Regulations Assessment Stage 2- Appropriate Assessment 2. Methodology 2.1. Stage 1 Habitat Regulations Assessment - Screening 2.1.1. The Plan All available information about the Plan was gathered in order to analyse whether the Plan might have a likely significant effect on the international sites. 2.1.2. Determination of International Sites included in the HRA An initial review of the Plan in light of the Habitats Regulations was undertaken by Atkins as part of the HRA Stage 1 - Screening process. This initial review looked at the geographic extent or zone of influence of any impacts which could arise as a result of the Plan and considered which international sites should be included within the assessment.