Royal Borough of Windsor & Maidenhead Draft Borough Local Plan Habitat Regulations: Preliminary Screening Opinion December 2013 Planning and Property Service Royal Borough of Windsor and Maidenhead Town Hall St Ives Road Maidenhead SL6 1RF 1 Contents Introduction and Background ........................................................................... 3 Brief Description of the Borough Local Plan .................................................... 7 Identification of Relevant Designated Sites ...................................................... 8 Tables 1-5: Relevant designated sites ......................................................... 9 Screening Criteria .......................................................................................... 13 Screening of the Borough Local Plan ............................................................. 14 Table 6: Categories of proposed actions .................................................... 16 Table 7: BLP Preferred Policy Options and their Likely Effects .................. 17 Screening Opinion ......................................................................................... 22 Appendix A – Report on Screening of Sites (including Jacobs report) ........... 23 Appendix B – RBWM Addendum to Jacobs Report ....................................... 24 Appendix C – Conclusions on Likely Impacts on Designated Sites ............... 37 2 Introduction and Background 1.1 This preliminary screening opinion relates to the Draft Borough Local Plan Preferred Options (BLP) for the Royal Borough of Windsor and Maidenhead. The screening opinion should be read in conjunction with the BLP itself. 1.2 This screening opinion has been prepared in accordance with Regulation 102 of the Conservation of Habitats and Species Regulations 2010 (Habitat Regulations Assessment). It considers whether or not the BLP is likely to have a significant effect on sites designated for their international importance to nature conservation. 1.3 The BLP is being published for public consultation from 10 January 2014 until 7 March 2014. It will subsequently be amended and published for a further round of pre-submission consultation. Subject to successful completion of examination, the council intends to adopt the BLP. At that point it will form part of the development plan for the borough. 1.4 The finalised screening opinion will form part of the evidence base used to consider the soundness of the BLP at examination. However, it should be noted that the remit of the Inspector does not extend to assessing the compliance of the BLP with the Habitats Directive (see below). Background 1.5 The European Community (EC) Directive on the conservation of natural habitats and of wild fauna and flora (92/43/EEC) (commonly known as the Habitats Directive) provides legal protection for habitats and species of European importance. 1.6 Articles 3-9 provide the legal means to protect habitats and species of EC interest through the establishment and conservation of a European-wide network of sites known as Natura 2000. Natura 2000 sites are Special Areas of Conservation (SAC) designated under the Habitats Directive and Special Protection Areas (SPA) designated under the Conservation of Wild Birds (79/409/EEC) (commonly known as the Birds Directive). 1.7 Article 6(3) and 6(4) of the Habitats Directive sets out the decision-making tests for plans and projects affecting Natura 2000 sites. Article 6(3) establishes a requirement for an assessment as outlined below: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans and projects, shall be subject to assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after ascertaining that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” 1.8 While they are not European sites as a matter of law, it is national planning policy that the following sites are given the same protection as a European site: potential Special Protection Areas and possible Special Areas of Conservation 3 listed or proposed Ramsar sites1 sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites. 1.9 For simplicity, the term “designated site” has been used in this report to mean all current and potential Natura 2000 sites and Ramsar sites, plus any compensatory sites. 1.10 The Conservation of Habitats and Species Regulations 2010 (commonly known as the Habitat Regulations) translates European requirements into British law and requires the assessment of land use plans. The BLP constitutes a land use plan for the purpose of the Habitat Regulations. 1.11 Regulation 102(1) provides an opportunity to determine that significant environmental effects are unlikely and thus not requiring the undertaking of an appropriate assessment. Under Regulation 102(2), before making a determination under Regulation 102(1), the council is required to consult Natural England as the appropriate environmental body and have regard to any representations made. 1.12 The first stage of any Habitat Regulations Assessment is a Likely Significant Effect test. This is essentially a risk assessment to decide whether the full subsequent stage known as Appropriate Assessment is required. The relevant question is: “Is the Plan, either alone or in combination with other relevant projects and plans, likely to result in a significant effect upon designated sites?” 1.13 The objective is to “screen out” those plans and projects that can, without any detailed appraisal, be said to be unlikely to result in significant adverse effects upon designated sites, usually because there is no mechanism for an adverse interaction with European sites. 1.14 Although the legal requirement to undertake Habitat Regulations Assessment is clearly established, there is no standardised methodology for doing this. As a result, this report is based on previous work and the approach used has been developed in consultation with Natural England. 1.15 This preliminary screening report examines the BLP and: Identifies by a screening process any relevant designated sites that could potentially be affected by policies and directions in the plan. Outlines details of the nature conservation importance of the sites. Identifies the possible impacts that the plan may have on features of nature conservation importance within the sites. Assesses any development impacts that could potentially have a significant effect on the favourable conservation status of the sites. Identifies any controls within the BLP and other development plan documents, strategies, policies and plans that could act to avoid or mitigate these effects. Proposes amendments and alterations to the BLP where necessary to avoid these impacts. 1 Under the Convention of Wetlands of International Importance, sites important for waterfowl were designated. These sites are known as Ramsar sites. 4 Planning Policy 1.16 Saved Policy NRM6 of the South East Plan requires any new residential development which is likely to have a significant effect on the ecological integrity of the Thames Basin Heaths SPA to demonstrate that adequate measures are put in place to avoid or mitigate any potential adverse effects. Such measures must be agreed with Natural England. Priority should be given to directing development to those areas where potential adverse effects can be avoided without the need for mitigation measures. 1.17 Where mitigation measures are required, local planning authorities should deliver a consistent approach to mitigation. The mechanism for implementing this policy is set out in the Thames Basin Heaths Delivery Framework as adopted by the TBH Joint Strategic Partnership and partners and stakeholders. The principles of this are incorporated into planning policy at a borough level, through the Thames Basin Heaths SPA SPD and a policy in the BLP. 1.18 The policy and SPD set out a mechanism by which significant effects on the SPA can be avoided or mitigated. This takes the form of a 5 km zone of influence around the SPA boundary, where measures must be taken to ensure that the integrity of the SPA is protected. Sunninghill, Sunningdale and most of Ascot fall within this 5 km zone of influence. There is no equivalent zone of influence around any other designated sites. 1.19 Within 400 m of the SPA boundary, an exclusion zone applies, where no net increase in the number of dwellings is permitted. This ensures that development within this zone avoids significant effects on the SPA. Parts of Sunningdale fall within this 400 m exclusion zone. There is no equivalent exclusion zone around any other designated sites. 1.20 Where residential development is proposed outside the exclusion zone but within the zone of influence, mitigation measures will be delivered prior to occupation and in perpetuity. Measures will be based on a combination of Strategic Access Management and Monitoring (SAMM) and the provision of Suitable Alternative Natural Greenspace (SANG). 1.21 The SAMM project will monitor access to the SPA through