Habitats Regulations Assessment

Habitats RegulaƟ ons
Assessment
Vowchurch & District Group
Neighbourhood Area
February 2016
Habitat Regulation Assessment Screening
Contents
1 Introduction
Figure 1: Vowchurch and District Group Neighbourhood Area
2 The requirement to undertake Habitats Regulations Assessment of
neighbourhood development plans
3 Methodology
4 Results of the Vowchurch and District Initial Screening Report
Figure 2: Vowchurch and District Group Neighbourhood Area and
European sites.
5 Conclusion
Appendix 1Initial Screening Report (August 2013)
1 Introduction
1.1 Vowchurch and District Group Parish Council is producing a Neighbourhood
Development Plan for the parish administrative area, in order to set out the
vision, objectives and policies for the development of the parish up to 2031.
1.2 The Vowchurch and District Group Neighbourhood Area was designated on
the 30
th
September 2013 and the map below (Fig1) demonstrates the extent
of the area.
Figure1Vowchurch and District Group Neighbourhood Area
2 The requirement to undertake Habitats Regulations Assessment
of neighbourhood development plans
2.1 The requirement to undertake HRA of neighbourhood plans was confirmed by
the amendments to the “Habitats Regulations” published for England and
Wales in July 2007 and updated in 2013. Therefore, when preparing its NDP,
Herefordshire Council together with Vowchurch and District Group Parish
Council is required by law to carry out an assessment known as “Habitats
Regulations Assessment”. It is also confirmed within Regulation 32 schedule
2 of the Neighbourhood Planning Regulations 2012.
2.2 Article 6(3) of the EU Habitats Directive provides that:
Any plan or project not directly connected with or necessary to the
management of the [European] 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.
2.3 HRA is an impact-led assessment and refers to the assessment of the
potential effects of a neighbourhood development plan on one or more
European sites, including 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.
Ramsar sites support internationally important wetlands habitats
2.4 For ease of reference during HRA, general practice has been that these three
designations are collectively referred to as either Natura 2000 or European
sites. This means that a Screening Assessment is carried out with regard to
the Conservation Objectives of the European Sites and with reference to
other plans or projects to identify if any significant effect is likely for any
European Site.
3 Methodology
3.1 The HRA of neighbourhood development plans is undertaken in stages and
should conclude whether or not a proposal or policy in a neighbourhood
development plan would adversely affect the integrity of any European site.
This is judged in terms of the implications of the plan for a site’s ‘qualifying
features’ (i.e. those Annex I habitats, Annex II species, and Annex I bird
populations for which it has been designated) and are measured with
reference to the conservation objectives for those qualifying features as
defined by Natural England.
3.2 The first process is to undertake an initial screening report to determine the
need to undertake the requirement for a HRA, this initial screening identifies
whether the Plan could impact upon any European site that could be within
the Neighbourhood Area or nearby.
3.3 If a European Site is within the Neighbourhood Area or the Neighbourhood
Area could impact upon a European site then this will need to be taken into
account and a full screening assessment will need to be undertaken.
3.4 The full screening stage consists of a description of the plan, identification of
potential effects on European Sites, assessing the effects on European Sites
(taking into account potential mitigation provided by other policies in the plan).
For neighbourhood development plans the outcome should demonstrate
there are no likely significant effects upon the European sites. If any likely
significant effects occur then there will need to be amendments to the NDP
made and be re-screened until all likely significant effects have been
mitigated.
4 Results of the Initial Screening Report
4.1 The initial Vowchurch and District Group Screening Report was undertaken in
August 2013 and found that the neighbourhood area did not contain any
European sites or their proximity would not be affected by policies and
proposals within the proposed Vowchurch and District Group Neighbourhood
Plan
4.2 The map below shows Vowchurch and District Group Neighbourhood Area
and demonstrates that there are no European sites within the parish or in
close proximity. The initial Vowchurch and District Group Screening Report in
attached in appendix 1.
Figure 2 Vowchurch and District Group Neighbourhood Area and European
sites.
5 Conclusions
5.1 It is therefore concluded that a full Habitat Regulation Assessment will not be
required for the Vowchurch and District Group Neighbourhood Plan.
.
Appendix 1
Neighbourhood Area:
Vowchurch & District Group
Neighbourhood Area
Parish Council:
Vowchurch & District Group Parish Council
Neighbourhood Area Designation Date:
30/09/2013
This document is copyright of Herefordshire Council, please contact the Neighbourhood Planning
team if you wish to reuse it in whole or part
Initial Habitat Regulations Assessment and Strategic Environmental
Assessment Screening Notification
The Neighbourhood Planning (General) Regulation 2012 (Reg. 32)
Conservation of Habitats and Species Regulations 2010 (d)
Introduction
This Initial Habitat Regulations Assessment (HRA) and Strategic Environmental
Assessment (SEA) Screening has been undertaken to assess whether any European
Sites exist within or in proximity to the Neighbourhood Area which could be affected by
any future proposals or policies.
Through continual engagement the outcomes of any required assessments will help to
ensure that proposed developments will not lead to Likely Significant Effects upon a
European Site or cause adverse impacts upon other environmental assets, such as the
built historic or local natural environment.
Initial HRA Screening
River Wye (including the River Lugg) SAC:
Does the Neighbourhood Area have the River
Wye (including the River Lugg) in or next to its
boundary?
N
The River Wye is 4.11km away from the
Group Parish
Is the Neighbourhood Area in the hydrological
catchment of the River Wye (including the River
Lugg) SAC?
N
The Parish is not within the hydrological
catchment of the River Wye
If yes above, does the Neighbourhood Area have
mains drainage to deal with foul sewage?
Not Applicable
Downton Gorge SAC:
Is the Neighbourhood Area within 10km of
Downton Gorge SAC?
N
Downton Gorge is 34.9km away from the
Group Parish
HRA Initial Screening: Map showing relationship of Neighbourhood Area with European Sites
(not to scale)
River Clun SAC:
Does the Neighbourhood Area include: Border
Group Parish Council or Leintwardine Group
Parish Council?
N
River Clun does not border the Group
Parish
Usk Bat Sites SAC:
Is the Neighbourhood Area within 10km of the
SAC boundary?
N
Usk Bat Sites are 20.2km away from the
Group Parish
Wye Valley & Forest of Dean Bat Sites SAC:
Is the Neighbourhood Area within 10km of any of
the individual sites that make up the Wye Valley &
Forest of Dean Bat Sites?
N
The Group Parish is 29.3km away from
Wye Valley and Forest of Dean Bat Sites
Wye Valley Woodlands SAC:
Is the Neighbourhood Area within 10km of any of
the individual sites that make up the Wye Valley
Woodlands Site?
N
The Group Parish is 26.02km away from
the Wye Valley Woodlands
HRA Conclusion:
The assessment above highlights that no European Sites will need to be taken into account in the
future Neighbourhood Development Plan for the Vowchurch & District Group Neighbourhood Area
and a Full HRA Screening will not be required.
The following environmental features are within or in general proximity to the Vowchurch & District
Group Neighbourhood Area and would need to be taken into account within a Strategic Environmental
Assessment. In addition, the NDP will also need to consider the other SEA topics set out in Guidance
Note 9a to ensure that the plan does not cause adverse impacts.
SEA features
Explanation
SEA
required
Strategic Environmental Assessment Initial Screening for nature conservation landscape and
heritage features
Air Quality Management Areas
There are no AQMA’s within the Group
Parish
N
Ancient Woodland
Wallstone Wood; Greens Wood; Ton
Wood (border); Lower Park Wood;
Birchy Park Wood; Kiln Wood; Rushden
Wood; Barretts Hill Wood; Lady Coppice
and The Birches; Brampton Hill Wood 2
(border); Eaton Hill Wood; Ravenshoot
and Dunsall Woods (border); Tan House
and Hay Brooks Woods; Chanstone
Wood; Cae-Gwyn Wood; Park Wood;
Lawn Wood; Lan Awr Wood; Holly
Wood; Gigfran Wood; Cefn-Cist Wood;
Ruinsford Wood (border); Wern Fawr;
Glibes Wood
Y
Areas of Archaeological
Interest
There are no AAIs within the Group
Parish
N
Areas of Outstanding Natural
Beauty
There are no AONBs within the Group
Parish
N
Conservation Areas
There are no Conservation Areas within
the Group Parish
N
European Sites
There are no SACs within the Group
Parish
N
Flood Areas
Flood Zones 2 and 3 follow the River
Dore through Vowchurch and
Turnastone Parishes. There are also
Flood Zones running along Escley Brook
through Michaelchurch Escley Parish
Y
Listed Buildings
There are numerous Listed Buildings
scattered throughout the Group Parish
Y
Local Sites (SWS/SINCs/RIGS)
Greens & Wallstone Woods, Whitehall
Coppice; Vowchurch Common;
Timberline Wood and adjoining
Woodlands; Brampton Hill Wood
(border); Newbarns, Dunsall,
Ravenshoot, WDS and Pontapina Break
(border); Eaton Hill Wood; River Dore;
Chanstone Wood and adjoining
Woodland; Bacton Woods; Russells
Coppice and adjoining grassland
(border); St Margarets Churchyard;
Lower House Common; Crow Wood and
Meadow and adjoining Woodland;
Canon Tump Common; Meadow near
Upper Crossway; Meadow near Graig
Farm; Upper Court Meadow; Woodland
at The Folly; Wayne Herbert Quarry;
Roadside bank opposite Llanafon Farm;
Wern Ifor Wood; Ashen Coppice, Holly
and Court Woods; Escley Brook;
Rockyfold Farm (border); Glibes Wood;
Wern Fawr; Pikes Farm Meadows; Cefn
Hill Common; Caeiron Meadow and
adjoining Meadows; Vagar Hill
Common; Field near Myndd Brith
(border); Dulas Brook
Y
Long distance footpaths/trails
(e.g. Herefordshire Trail)
Herefordshire Trail; Three Rivers Ride
Y
Mineral Reserves
There are no Minerals Reserves Sites
within the Group Parish
N
National Nature Reserve
There are no NNRs within the Group
Parish
N
Registered & Unregistered
parks and gardens
Unregistered
Michaelchurch Court; Bacton Manor
(border); Morehampton (border);
Tyberton Court (border)
Y
Scheduled Ancient Monuments
Lower Park Wood Camp; Monnington
Straddle Motte; Cothill Tump, a Motte
Castle 500m north west of Cothill Farm;
Motte Castle with associated courtyard
and mill leat, 130m north west of
Chanstone Mill; Moated Site, fishponds
and associated buildings platforms
117m west of Chanstone Mill; Motte
Castle, Chapel, Post-Medieval House
and Garden remains east of Urishay
Castle Farm (border); Motte and Bailey
Castle 200yds (180m) south west of
Newcourt Farm (border); Earthwork on
western border of Michaelchurch Escley
Parish, west of Holt Farm House
Y
Sites of Special Scientific
Interest
Caeiron Meadow (Favourable); Pikes
Farm Meadows (Favourable); Wayne
Herbert Quarry (Favourable); Chanstone
Wood (Favourable)
Y
Decision Notification:
The initial screening highlights that the Neighbourhood Development Plan for the Vowchurch &
District Group Neighbourhood Area:
a) Will require further environmental assessment for Strategic Environmental Assessment.
Assessment date: 13/08/2013
Assessed by: James Latham
Appendix 1: European Sites
The table below provides the name of each European Site, which has been screened in for the purposes of neighbourhood planning in Herefordshire; includes
their site features of integrity; and vulnerability data. This is based on the sites individual features of integrity and their vulnerabilities, which could include
distance criteria. This has been used in identifying which parishes are likely to require a full HRA Screening of their future Neighbourhood Development Plan, to
establish if their plan might have Likely Significant Effects on a European Site.
Downton Gorge
Site Features: Tilio-Acerion forests of slopes, screes and ravines
Vulnerability data: 10km for air quality associated with poultry units or other intensive agricultural practices.
River Clun
Site Features: Freshwater pearl mussel Margaritifera margaritifera
Vulnerability data: Water quality is important to maintain the site feature. Parishes either side of the River Clun will be affected.
River Wye
Site Features: Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation. Transition mires and quaking
bogs. White-clawed (or Atlantic Stream) crayfish Austropotamobius pallipes. Sea lamprey Petromyzon marinus. Brook lamprey Lampetra planeri. River
lamprey Lampetra fluviatilis. Twaite shad Alosa fallax. Atlantic salmon Salmo salar. Bullhead Cottus gobio. Otter Lutra lutra. Allis shad Alosa alosa
Vulnerability data: Proximity: Developments should not be within 100m of the designated bank. Some developments beyond 100m may also have impacts
based on proximity and these issues should be addressed where possible when developing NDP policy and choosing site allocations.
Water Quality: Within the whole catchment of the River Wye, which includes the River Lugg, mains drainage issues with regards to water quality are being
resolved through the Core Strategy / Local Plan and development of a Nutrient Management Plan. Welsh Water should be consulted to ensure that the
proposed growth will be within the limit of their consents.
Otters: “An otter will occupy a ‘home range’, which on fresh waters usually includes a stretch of river as well as associated tributary streams, ditches, ponds,
lakes and woodland. The size of a home range depends largely on the availability of food and shelter, and the presence of neighbouring otters. On rivers, a
male’s home range may be up to 40km or more of watercourse and associated areas; females have smaller ranges (roughly half the size) and favour quieter
locations for breeding, such as tributary streams.
Otters without an established home range are known as ‘transients’. They are mostly juveniles looking for a territory of their own, or adults that have been
pushed out of their territories. Transient otters may use an area for a short while, but they will move on if conditions are not suitable or if they are driven away
by resident otters. Transients will have been important in extending the range of otters, but they are very difficult to identify from field signs.
Within a home range an otter may use many resting sites. These include above-ground shelters, such as stands of scrub or areas of rank grass, and
underground ‘holtsfor example, cavities under tree roots and dry drainage pipes.
(Source: EA website: http://www.environmentagency.gov.uk/static/documents/Business/Otters_the_facts.pdf
accessed 09/04/2013)
Usk Bat Site
Site Features: Annex I habitats present as a qualifying feature, but not a primary reason for site selection: European dry heaths, Degraded raised bogs still
capable of natural regeneration, Blanket bogs, Calcareous rocky slopes with chasmophytic vegetation, Caves not open to the public, Tilio-Acerion forests of
slopes, screes and ravines. Annex II species of primary reason for site selection: Lesser horseshoe bat Rhinolophus hipposideros, UK population 5%,
although it is suggested this is an underestimate.
Vulnerability data: Lesser Horseshoe bats are known to migrate between 5km and 10km between their summer and winter roosts. The Lesser Horseshoe
Bat is vulnerable to disturbance; light pollution; and habitat loss. Check with the planning ecologist for other issues.
Wye Valley and Forest of Dean Bat Sites
Site Features: Annex II species that are a primary reason for site selection: Lesser horseshoe bat Rhinolophus hipposideros. Greater horseshoe bat
Rhinolophus ferrumequinum
Vulnerability data: Lesser Horseshoe bats are known to migrate between 5km and 10km between their summer and winter roosts. The Lesser Horseshoe
Bat is vulnerable to disturbance; light pollution; and habitat loss. Check with the planning ecologist for other issues.
Greater Horseshoe bats are known to migrate between 20-30km between their summer and winter roosts.
NDPs closest to the European Site will need to consider:
Woodland habitat buffer.
Lesser Horseshoe Bat: Old buildings; woodland locations; sheltered valleys, extensive deciduous woods or dense scrub, close to roost sites. In areas of
fragmented habitats, linear habitats such as hedgerows are important corridors. Vulnerable to loss or disturbance of both summer and winter roosts and
removal of linear habitat.
Greater Horseshoe Bat: Large buildings, pasture, edge of mixed deciduous woodland and hedgerows. Mixed land-use especially south-facing slopes, favours
beetles, moths and insects they feed on. During the winter they depend on caves, abandoned mines and other underground sites for undisturbed hibernation.
A system/series of sites required. Vulnerable to loss of insect food supply, due to insecticide use, changing farming practices and loss of broad-leaved tree-
cover and loss / disturbance of underground roosts sites.
Wye Valley Woodlands
Site Features: Annex I habitats that are a primary reason for site selection: Beech forests Asperulo-Fagetum, Tilio-Acerion forests of slopes, screes and
ravines, Taxus baccata woods of the British Isles. Annex II species present as a qualifying feature, but not a primary reason for site selection: Lesser
horseshoe bat Rhinolophus hipposideros, 51-100 residents
Vulnerability data: Lesser Horseshoe bats are known to migrate between 5km and 10km between their summer and winter roosts. The Lesser Horseshoe
Bat is vulnerable to disturbance; light pollution; and habitat loss. Check with the planning ecologist for other issues. NDPs closest to the European Site will
need to consider: Woodland habitat buffer. Lesser Horseshoe Bat: Old buildings; woodland locations; sheltered valleys, extensive deciduous woods or dense
scrub, close to roost sites. In areas of fragmented habitats, linear habitats such as hedgerows are important corridors. Vulnerable to loss or disturbance of
both summer and winter roosts and removal of linear habitat.
Appendix 2: Wye Catchment Map