Oxfordshire County Council Local Transport Plan 3 (2011-2030) Study to Inform Appropriate Assessment (Preliminary Screening Report) July 2009 Halcrow Group Limited Oxfordshire County Council Local Transport Plan 3 (2011-2030) Study to Inform Appropriate Assessment (Preliminary Screening Report) July 2009 Halcrow Group Limited Halcrow Group Limited Burderop Park Swindon Wiltshire SN4 0QD Tel +44 (0)1793 812479 Fax +44 (0)1793 812089 www.halcrow.com Halcrow Group Limited has prepared this report in accordance with the instructions of their client, Oxfordshire County Council, for their sole and specific use. Any other persons who use any information contained herein do so at their own risk. © Halcrow Group Limited 2009 Halcrow Group Limited Burderop Park Swindon Wiltshire SN4 0QD Tel +44 (0)1793 812479 Fax +44 (0)1793 812089 www.halcrow.com © Halcrow Group Limited 2009 Oxfordshire County Council Local Transport Plan 3 (2011-2030) Study to Inform Appropriate Assessment (Preliminary Screening Report) July 2009 Contents Amendment Record This report has been issued and amended as follows: Issue Revision Description Date Signed Author Reviewer 1 0 Draft for OCC and S. Isaac COB client comments. Contents 1 Introduction 1 1.1 Background 1 1.2 Strategic Environmental Assessment requirements 1 2 The Appropriate Assessment Process 2 2.1 Requirements of the Habitats and Birds Directives 2 2.2 Appropriate Assessment stages 3 2.3 Appropriate Assessment and land use planning documents 4 2.4 Role of organisations 5 2.5 AA screening methodology 7 3 Relevant International Sites 10 3.1 Background 10 3.2 Task AA1: Oxfordshire’s international sites that could be affected by the LTP 11 3.3 Oxford Meadows SAC 12 3.4 Little Wittenham SAC 13 3.5 Hartslock Wood SAC 14 3.6 Hackpen Hill SAC 15 3.7 Cothill Fen 15 3.8 Aston Rowant SAC 16 3.9 Chilterns Beechwoods SAC 17 3.10 Other international sites potentially affected 19 4 Potential Impacts of LTP3 20 4.1 Screening Task 2: Connection with SAC Management Requirements 20 4.2 Potential impacts of LTP on international sites 20 4.3 Possible avoidance measures 22 5 Possible In-combination Effects 24 5.1 Introduction 24 5.2 Possible Plans with in-combination impacts with LTP3 24 5.3 Previous and ongoing Appropriate Assessment work in the county and surrounding area 25 5.4 Background information 26 6 Summary of Preliminary Screening 28 6.1 Summary conclusions 28 6.2 Next steps 28 7 Guidance Document References 30 Glossary 32 Tables Table 1: Stages of Appropriate Assessment, based on (DCLG 2006) Table 2: AA screening methodology for the OCC LTP3 Table 3: Potential (eventual) impacts of LTP3 on Natura 2000 sites Figures Figure 1: Hierarchy of avoidance, mitigation and compensatory measures Appendix Map of international sites within and around Oxfordshire 1 Introduction 1.1 Background In June 2009, Halcrow Group Ltd was appointed by Oxfordshire County Council (OCC) to undertake an ‘Appropriate Assessment’ (AA) screening of their third Local Transport Plan (LTP). Appropriate Assessments are required under the Habitats Directive (Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora) and the Birds Directive (Directive 79/409/EC on the Conservation of Wild Birds), which apply to proposed plans or projects that may have a significant effect on a Natura 2000 site, also known as ‘international’ sites due to their international legislative protection. The AA process and requirements under the Habitats Regulations are described further in Section 2. The aim of this preliminary screening report is to broadly assess the nature of the LTP and attempt to identify any potential effects on internationally protected sites of nature conservation interest at an early stage. A more comprehensive, updated screening report will be produced at a later stage of LTP3 development, when LTP objectives are more advanced. This later screening report will also include more information on the international sites, including conservation objectives and favourable condition tables from Natural England, where available. This will then allow a matrix assessment of the LTP objectives and their potential effects on the international sites identified. It is hoped that the preliminary screening report, which includes some baseline information on relevant international sites and potential impacts upon them, will help OCC to identify and avoid potential impacts, rather than have to mitigate them at a later stage of LTP3 development or at project implementation level. Avoidance of impact is the stated priority in the Habitats Directive, as shown in the following diagram: Doc No 1 Rev: 0 Date: July 2009 1 Figure 1: Hierarchy of avoidance, mitigation and compensatory measures Avoidance Mitigation Compensatory Prevent significant Reduce impact to measures effects on the point where it If an adverse European no longer has risk effect cannot be sites from of an adverse ruled out and happening in effect, e.g. the plan is the first place, e.g. • Vegetation buffer necessary, put in • Move zones to prevent / place development reduce compensatory to different disturbance to measures, e.g. location (e.g. sensitive species habitat creation outside river • Creation of new near the catchment) recreational areas Felixstowe Docks; • Change the type to reduce Bathside Bay of development recreational proposed impacts on site Based on Appropriate Assessment of Plans . Scott Wilson, Levett-Therivel, Treweek Environmental Consultants, Land Use Consultants, September 2006. 1.2 Strategic Environmental Assessment requirements In parallel with the screening under the Habitats Regulations, the LTP will also be the subject of a Strategic Environmental Assessment (SEA), which takes a wider approach to broader sustainability and environmental impacts, rather than the narrow approach that AA takes by focusing on the predicted impacts of plans on international sites. Further, Sustainability Appraisal follows the requirements of the Strategic Environmental Assessment Directive (2001/42/EC) whereas AA follows the requirements of the Habitats and Birds Directives, as described in Section 2. SEA baseline collection under the SEA Directive ‘biodiversity’ topic involved collecting data on international sites. Some of these data are provided in section three of this report. The SEA review of plans/programmes may also be useful to determine whether some plans may have ‘in-combination’ effects in AA, once the significant effects of the LTP are known. There will also be opportunities for SEA and AA linkages via informal consultation with stakeholders and the monitoring of environmental impacts on international sites which could be carried out through the SEA monitoring programme. Doc No 1 Rev: 0 Date: July 2009 1 2 The Appropriate Assessment Process 2.1 Requirements of the Habitats and Birds Directives Appropriate Assessment is required where any plan, alone or ‘in combination’ with other plans, could have an adverse affect on the integrity of international sites. These sites include Special Protection Areas (SPAs), designated under the Birds Directive 1, Special Areas of Conservation (SACs) and candidate SACs designated under the Habitats Directive 2. Sites designated under the Ramsar wetlands convention are also included in AAs as specified in Natural England guidance. 3 Article 6 (3) of the Habitats Directive gives the following guidance on when AA should be undertaken: ‘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 or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the 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 having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.’ Article 6(4) of the Habitats Directive goes on to discuss alternative solutions, the Imperative Reasons of Overriding Public Interest (IROPI) test and compensatory measures: ‘If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.’ The Habitats Directive applies to “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon” (Article 6(3)). 1 Directive 79/409/EEC on the Conservation of Wild Birds. 2 Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora 3 Natural England 2007. Draft guidance: The Habitats Regulations Assessment of Regional Spatial Strategies and Sub-regional Strategies Doc No 1 Rev: 0 Date: July 2009 2 In England, most SACs on land or freshwater areas are underpinned by notification as Sites of Special Scientific Interest (SSSI)4. AA relates specifically and exclusively to the qualifying interests of international sites and not to the broader conservation interests or requirements under other SSSIs. However, the Scott Wilson guidance 5 argues that the latter should be factored into plan-making as part of the SEA / SA process and the planning authority’s duty under section 28G of the Wildlife and Countryside Act 1981 to conserve and enhance SSSIs in carrying out their functions. 2.2 Appropriate Assessment stages AA is an assessment of the potential effects of a proposed plan ‘in combination’ with other plans and projects on one or more international sites. The screening stage is undertaken to determine if a ‘likely significant effect’ will impact on the integrity of an international site.