This page is intentionally blank Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD Habitats Regulations Assessment Screening of Draft Issues and Options September 2008 Contents 1 INTRODUCTION - 1 - 1.1. The requirement to Undertake Habitats Regulations Assessment of Development Plans - 2 - 1.2. What are Natura 2000 sites? - 2 - 1.3. Stages of the Habitats Regulations Assessment - 2 - 1.4. Structure of the HRA Screening Report - 4 - 2 STAFFORDSHIRE AND STOKE-ON-TRENT WASTE CORE STRATEGY DPD - 5 - 2.1. Structure of the Waste Core Strategy - 5 - 3 HRA SCREENING METHODOLOGY - 8 - 3.1. Task 1: Identification of Natura 2000 sites which may be affected by the Waste Core Strategy and the factors contributing to and defining the integrity of these sites - 8 - 3.2. Task 2: Description of the Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD - 18 - 3.3. Task 3: Identification of other plans and projects which may have ‘in-combination’ impacts - 18 - 3.4. Task 4: Assessment of ‘likely significant impacts’ of the Staffordshire and Stoke-on-Trent Joint Waste Core Strategy - 18 - 3.5. Task 5: Preparation of the HRA Screening Report - 19 - 4 ASSUMPTIONS FOR DETERMINING POTENTIAL IMPACTS ON NATURA 2000 SITES - 21 - 4.0. Strategy for screening and impact avoidance - 21 - 4.1. Potential impacts from waste management activities - 21 - 4.2. Screening for likely significant impacts - 27 - 5 OTHER RELEVANT PLANS AND PROJECTS - 31 - 6 SCREENING ASSESSMENT OF THE WASTE CORE STRATEGY - 37 - 6.0. Introduction - 37 - 6.1. Summary of HRA screening findings - 37 - 7 CONCLUSIONS AND NEXT STEPS - 44 - 7.1. Overall findings of the HRA Screening - 44 - 7.2. Implications for Preferred Options and Next Steps - 45 - i Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD Habitats Regulations Assessment Screening of Draft Issues and Options September 2008 8 APPENDIX A: HRA SCREENING MATRIX - 47 - 9 APPENDIX B: MAPS TO SUPPORT HRA SCREENING - 68 - Please note that this report has been prepared by Land Use Consultants on behalf of Staffordshire County Council and Stoke-on-Trent City Council ii Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD Habitats Regulations Assessment Screening of Draft Issues and Options September 2008 1 Introduction 1.0.1. Staffordshire County Council and Stoke-on-Trent City Council, as Waste Planning Authorities, are preparing the Joint Waste Core Strategy Development Plan Document (hereafter referred to as the Waste Core Strategy) as part of the Staffordshire Minerals and Waste Development Framework (MWDF). The Waste Core Strategy will supersede the Staffordshire and Stoke-on-Trent Waste Local Plan, and will cover the period to 2026 and the geographic area covered by the two authorities (with the exception of that part of the County within the Peak District National Park which is a separate waste planning authority). The Waste Core Strategy will set out the overall vision, objectives, broad locations and/or strategic sites and policies for waste management planning within the authorities. 1.0.2. In line with the Planning and Compulsory Purchase Act 20041 and current guidance2, the preparation of the Waste Core Strategy DPD is being subject to a full Sustainability Appraisal (SA), which will incorporate Strategic Environmental Assessment (SEA). An SA Scoping Report was published in (August 2008), and an interim SA Report will be published alongside the Issues and Options consultation on the Waste Core Strategy (September 2008). 1.0.3. A Habitats Regulations Assessment (HRA) of the Waste Core Strategy also needs to be undertaken to determine whether or not any of its proposals are ‘likely to have significant impacts on Natura 2000 sites, and in light of this, a more detailed Appropriate Assessment may also be required. The HRA is commonly referred to as ‘Appropriate Assessment.’ However, Appropriate Assessment forms only one stage of the HRA, and follows a screening stage to determine which plans or projects require subsequent, more detailed assessment (the Appropriate Assessment [AA] stage). 1.0.4. This initial HRA Screening Report sets out the findings of the Screening stage for the Issues and Options Waste Core Strategy, the first stage in the preparation of the Waste Core Strategy, to determine whether any of the proposals in the DPD are likely to have a significant impact on Natura 2000 sites. A further, more detailed Appropriate Assessment will be undertaken at the Preferred Options stage. 1.0.5. The HRA requires close working with Natural England (NE), as the statutory nature conservation body, in order to obtain the necessary information, agree the process, outcomes and mitigation proposals. The Environment Agency (EA), while not a statutory nature conservation body for the HRA, is also in a position to provide advice and information during the HRA. This draft initial Screening Report is now presented to both organisations for comment. 1 Planning and Compulsory Purchase Act. House of Commons, May 2004. 2 Sustainability Appraisals of Regional Spatial Strategies and Local Development Documents. ODPM, November 2005. - 1 - Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD Habitats Regulations Assessment Screening of Draft Issues and Options September 2008 1.1. The requirement to Undertake Habitats Regulations Assessment of Development Plans 1.1.1. The requirement to undertake HRA of development plans was confirmed by a letter (9 March 2006) from the Office of the Deputy Prime Minister to all planning authorities (including Regional Planning Bodies). Previously it had been considered that the Habitat Regulations3, working in tandem with development plans, provided sufficient protection for ‘Natura 2000’ sites. Following a European Court of Justice ruling it was confirmed that development plans must themselves be subject to ‘appropriate assessment’ under the Habitat Regulations in order to demonstrate that their implementation would not adversely affect the integrity of such sites. In other words, it is no longer sufficient for development plans to rely on regulations – instead they must be assessed to demonstrate no adverse impact. Amendments to the Habitats Regulations to implement the ruling were published for England and Wales in July 20074. 1.2. What are Natura 2000 sites? 1.2.1. The Habitats Regulations Assessment refers to the assessment of the potential impacts of a development plan on one or more European Sites (collectively termed ‘Natura 2000’ [N2K] sites). Natura 2000 is a Europe-wide network of sites of international importance for nature conservation established under the European Council Directive ‘on the conservation of natural habitats and of wild fauna and flora’ (92/43/EEC; ‘Habitats Directive’). 1.2.2. The network comprises Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). SPAs are classified under the European Council Directive ‘on the conservation of wild birds’ (79/409/EEC; ‘Birds Directive’) for the protection of wild birds and their habitats (including particularly rare and vulnerable species listed in Annex 1 of the Birds Directive, and migratory species). SACs are designated under the Habitats Directive and target particular habitats (Annex 1) and/or species (Annex II) identified as being of European importance. The Government also expects candidate SACs (cSACs), potential SPAs (pSPAs), and Ramsar sites to be included within the HRA5. Ramsar sites support internationally important wetland habitats and are listed under the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention, 1971). 1.3. Stages of the Habitats Regulations Assessment 1.3.1. The HRA process is generally divided into three key stages. Figure 1 summarises the stages involved in carrying out a full HRA. 3 The Conservation (Natural Habitats &c) Regulations 1994. 4 The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007. HMSO Statutory Instrument 2007 No. 1843. 5 Planning Policy Statement 9: Biodiversity and Geological Conservation. OPDM, 2005. - 2 - Staffordshire and Stoke-on-Trent Joint Waste Core Strategy DPD Habitats Regulations Assessment Screening of Draft Issues and Options September 2008 Figure 1: Stages in HRA Stage Task Outcome Stage 1: Description of the plan Where impacts are unlikely, prepare a ‘finding of no significant impact report’. Screening Identification of potential impacts on N2K sites Where impacts judged likely, or lack of information to prove otherwise, proceed Assessing the impacts on N2K sites to Stage 2. Stage 2: Gather information (plan and N2K sites) Appropriate assessment report describing the plan, N2K site baseline Appropriate Assessment Impact prediction conditions, the adverse impacts of the Evaluation of impacts in view of conservation plan on the N2K site, how these objectives impacts will be avoided through, firstly, Where impacts considered to affect avoidance, and secondly, mitigation qualifying features, identify alternative including the mechanisms and options timescale for these mitigation measures. Assess alternative options If impacts remain after all alternatives If no alternatives exist, define and evaluate and mitigation measures have been mitigation measures where necessary considered proceed to Stage 3. Stage 3: Identify ‘imperative reasons of overriding This stage should be avoided if at all public interest’ (IROPI) possible. The test of IROPI and the Assessment where no requirements for compensation are alternatives exist and Identify potential compensatory