GLADMAN DEVELOPMENTS LTD LAND AT STORRIDGE Part of the ES Group WESTBURY WILTSHIRE Information specific to a Habitats Regulations Assessment of the impacts on Salisbury Plain SPA and Bath and Bradford on Avon SAC pursuant to Regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended) July 2019 7592.sHRA(2019).vf ecology solutions for planners and developers COPYRIGHT The copyright of this document remains with Ecology Solutions The contents of this document therefore must not be copied or reproduced in whole or in part for any purpose without the written consent of Ecology Solutions. CONTENTS 1 INTRODUCTION 1 2 LEGISLATIVE AND PLANNING POLICY BACKGROUND 4 3 SITE LOCATIONS AND BACKGROUND 20 4 CONSERVATION STATUS OF THE INTERNATIONAL / EUROPEAN DESIGNATED SITES 21 5 ASSESSMENT OF THE IMPLICATIONS OF THE DEVELOPMENT PROPOSALS FOR THE CONSERVATION OBJECTIVES OF THE INTERNATIONAL / EUROPEAN DESIGNATED SITES 27 6 AVOIDANCE AND ENHANCEMENT MEASURES 44 7 SUMMARY AND CONCLUSIONS 49 PLANS PLAN ECO1 Application Site Location in relation to European Designated Sites PLAN ECO2 Access to Country Parks, Bechstein Woods and Salisbury Plain from the Application Site APPENDICES APPENDIX 1 Wiltshire Council’s Consultation response (6th April 2018) APPENDIX 2 Flow Diagram from ODPM / Defra Circular APPENDIX 3 Natura 2000 Standard Data Forms and Citations for European Designated Sites APPENDIX 4 Nearest Underpinning SSSI Unit Conditions Table APPENDIX 5 Conservation Objectives for the European designated sites APPENDIX 6 Supplementary Advice Documents for European designated sites APPENDIX 7 Extracted Plan 2 from draft Trowbridge Bat Mitigation Strategy APPENDIX 8 Development Framework Plan (CSA Environmental, September 2017) Land at Storridge Road, Westbury, Wiltshire Ecology Solutions Information specific to a Habitats Regulations Assessment 7592.sHRA(2019).vf of the impacts on Salisbury Plain SPA and Bath and Bradford on Avon Bats SAC pursuant to regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended) July 2019 1. INTRODUCTION 1.1. Background 1.1.1. Ecology Solutions was commissioned by Gladman Developments Ltd in 2017 to undertake ecological assessment work pursuant to the production of documentation in support of a planning application to be submitted in respect of Land at Storridge Road, Westbury, hereafter referred to as the ‘Application Site’. 1.1.2. Specifically, Ecology Solutions was instructed to assess implications of the Development Proposals on nearby designated sites of European importance, principally Salisbury Plain Special Protection Area (SPA) and Special Area of Conservation (SAC) which is located approximately 3.45km south east of the Application Site and the River Avon SAC which is located approximately 8.36km south of the Application Site. 1.1.3. Other European designated sites are known to be present within the wider vicinity of the Application Site, including the Bath and Bradford On Avon Bats SAC, situated approximately 10.3km to the north of the Application Site at its nearest point. For completeness consideration was also been given to this designated site. 1.1.4. The findings of this assessment work were set out within this ‘Information to enable a Habitats Regulations Assessment’ document, such that the competent authority (in this instance Wiltshire Council) had all the necessary information before it in order to carry out it’s duties in considering the application in line with relevant planning policy and legislation, including specifically The Conservation of Habitats and Species Regulations 2010, as amended (the version of legislation of relevance at the time of submission). 1.1.5. The outline planning application (planning reference: 17/12342/OUT) was submitted on 21st December 2017 for the demolition of number 13 and 14 Storridge Road and the erection of up to 200 dwellings with public open space, landscaping, sustainable drainage system (SuDS) and a vehicular access point from Storridge Road. All matters reserved except for means of access. 1.1.6. A consultation response was received from Wiltshire Council’s ecology officer received on 6th April 2018 that raised concerns with regard to Salisbury Plain SPA and Bath and Bradford Bats SAC (see Appendix 1). 1.1.7. The application was refused by Wiltshire Council on 6th July 2018 with eight reasons for refusal given. Of which, reason 7 sets out that Wiltshire Council concluded that the development proposals would result in an adverse effect on the integrity on the Bath and Bradford on Avon Bats SAC. 1 Land at Storridge Road, Westbury, Wiltshire Ecology Solutions Information specific to a Habitats Regulations Assessment 7592.sHRA(2019).vf of the impacts on Salisbury Plain SPA and Bath and Bradford on Avon Bats SAC pursuant to regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended) July 2019 1.1.8. Reason for refusal 7 is set out below in full: “7. The Council has screened the proposed development under the Habitats Regulations 2017 and concludes that the submitted ecological survey and assessment and the Shadow Habitats Regulations Assessment is not adequate to support a conclusion of "no likely significant effect" on the Bath and Bradford on Avon Bats SAC. Therefore an appropriate assessment under regulation 63 of the Habitats Regulations is required to determine whether the scheme would lead to an adverse effect on the site's integrity either alone or in- combination with other schemes. The interpretation of the survey results by the applicant is insufficiently precautionary and inconsistent with the interpretation of schemes that have come forward elsewhere in the bat consultation zones. Therefore, the mitigation provided is deemed to be inadequate and unlikely to meet the requirements of the emerging Trowbridge Bat Mitigation Strategy. In light of this, an appropriate assessment undertaken at this time would inevitably conclude there would be an adverse effect on site integrity. Insufficient information has also been submitted to allow the Council to robustly assess the impact on great crested newts. The pond at the end of Paxman Road is within 225m rather than 280m of the application site, and as it was not possible to undertake surveys of several ponds to the west, a precautionary approach should be taken in relation to the provision of mitigation habitat. Full details should be provided of the approach to the provision of habitat for mitigation / enhancement in order to demonstrate that the provision will be adequate while at the same time achieving other layout requirements. The proposal would therefore conflict with Core Policy 50 of the Wiltshire Core Strategy and the Council is not satisfied that the proposal would comply with paragraphs 118 and 119 of the NPPF. The Council also submits that it would be unlawful to approve the application in relation to Habitats Regulations 2017.” 1.1.9. In light of issues raised within the consultations and Decision Notice and recent changes to guidance, planning policy, legislation and caselaw a new outline application has been prepared in order to overcome the concerns. 1.1.10. The new outline application is again for the demolition of number 13 and 14 Storridge Road and the erection of up to 200 dwellings with public open space, landscaping, sustainable drainage system (SuDS) and a vehicular access point from Storridge Road. All matters reserved except for means of access. 1.2. Purpose of this Report 1.2.1. FPCR Environment and Design Ltd produced an Ecological Appraisal (October 2017) and undertook update survey and assessment work in 2019 in connection with the Development Proposals. These documents outline the findings of the ecological survey work and 2 Land at Storridge Road, Westbury, Wiltshire Ecology Solutions Information specific to a Habitats Regulations Assessment 7592.sHRA(2019).vf of the impacts on Salisbury Plain SPA and Bath and Bradford on Avon Bats SAC pursuant to regulation 63 of The Conservation of Habitats and Species Regulations 2017 (as amended) July 2019 assessment undertaken at the site. However, a standalone ‘shadow Habitats Regulations Assessment’ has been undertaken by Ecology Solutions in regard of the proximity of the Application Site to International / European designated sites. 1.2.2. Within this document specific regard is had to the tests under Regulation 63(1) of the Habitats Regulations1. Regulation 63(1) is described and considered further in Section 2 of this document. 1.2.3. The proximity of the Application Site to the international / European designated sites is described in detail at Section 3 of this report and is also shown on Plan ECO1. 1.2.4. As part of this assessment, professional judgement has been applied in some instances in order to interpret information. Ecology Solutions’ professional ecologists are qualified to make such judgements where appropriate. 1.2.5. This document assesses the likely significant effects of the Development Proposals associated with the Application Site and where necessary, whether the proposals would give rise to an adverse effect on the Integrity of the designated site as a whole, both alone and in combination with other plans / projects. 1.2.6. The purpose of this report is to provide the Competent Authority with the information required to consider the proposals in line with the test set out in Regulation 63 of the Habitats Regulations. It is the opinion of Ecology Solutions, in the light of all relevant available information, that the development proposals would not adversely affect the integrity of any European designated sites, and as such that consent may be safely granted for the development proposals. The information contained within this report provides all of the detail necessary to enable the Competent Authority to undertake their assessment. 1.3. Application Site Characteristics 1.3.1. The Application Site is located in Westbury, Wiltshire. Existing residential and industrial development is located to the east, south, west and north-west with agricultural fields to the north.