Habitats Regulation Assessment

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Support

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 7350

Received: 03/04/2018

Respondent: Natural England (Lincoln office)

Representation:

Natural England supports the current conclusions that LSE cannot be ruled out and for the LPA to undertake an appropriate assessment to examine the extent of likely traffic increases on roads within 200m of the European sites, and then the consequential likely effects on air quality which is currently taking place.

Full text:

Natural England supports the current conclusions that LSE cannot be ruled out and for the LPA to undertake an appropriate assessment to examine the extent of likely traffic increases on roads within 200m of the European sites, and then the consequential likely effects on air quality which is currently taking place.

Support

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 7380

Received: 04/04/2018

Respondent: Natural England (Lincoln office)

Representation:

Natural England supports the current conclusions that LSE cannot be ruled out and for the LPA to undertake an appropriate assessment to examine the extent of likely traffic increases on roads within 200m of the European sites, and then the consequential likely effects on air quality which is currently taking place.

Full text:

Natural England supports the current conclusions that LSE cannot be ruled out and for the LPA to undertake an appropriate assessment to examine the extent of likely traffic increases on roads within 200m of the European sites, and then the consequential likely effects on air quality which is currently taking place.

Object

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 7443

Received: 04/04/2018

Respondent: Dr David Owen

Representation:

The Lepus consulting assessment does not specifically relate to Eckington, and only to the wider peak district. Eckington is only briefly described in Appendix C. I do not believe that the habitats in Eckington have been satisfactorily assessed, and that they may contravene the legal protection of various wildlife species. My previous representation (Rep ID 5850) offered further information on this. The increased traffic flow in the area (based on new housing) has not been adequately assessed. However, I note that traffic modelling is now underway as part of the Habitats Regulation Assessment - Regulation 19 Statement.

Change suggested by respondent:

Further assessment of habitats in Eckington should be performed.

Full text:

The Lepus consulting assessment does not specifically relate to Eckington, and only to the wider peak district. Eckington is only briefly described in Appendix C. I do not believe that the habitats in Eckington have been satisfactorily assessed, and that they may contravene the legal protection of various wildlife species. My previous representation (Rep ID 5850) offered further information on this. The increased traffic flow in the area (based on new housing) has not been adequately assessed. However, I note that traffic modelling is now underway as part of the Habitats Regulation Assessment - Regulation 19 Statement.

Object

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 7948

Received: 04/04/2018

Respondent: Gladman Developments

Representation:

Representation not received on representation form; council officer has made an interpretation

Gladman raise concerns that the Council has yet to produce the Habitat Regulations Assessment - Appropriate Assessment and that this will not be published on the Council's website until after the consultation on the Publication Plan has closed. It is concerning that significant environmental effects of the emerging plan on European sites of nature conservation importance have not been adequately considered prior to its publication under Regulation 19.

Change suggested by respondent:

none

Full text:

See attachment

Attachments:

Object

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 8108

Received: 30/04/2018

Respondent: Heather Brown

Representation:

11 April, one week into extended consultation period - visited Dronfield Library to view Habitat Regulation Paper. Document not present. Documents present: Publication Draft, Consultation Draft, Policies Maps 1-5, ONE "Guidance Notes" leaflet. No representation forms, no information indicating consultation has been extended, no information about new deadlines, no list of additional documents relating to Plan (so residents are aware that these documents exist should they wish to view). Difficult, if not impossible, for non-internet-users who cannot travel to council offices to view said document to participate in extended consultation.

Change suggested by respondent:

Timely provision of evidence base to facilitate genuine consultation period.

Full text:

11 April, one week into extended consultation period - visited Dronfield Library to view Habitat Regulation Paper. Document not present. Documents present: Publication Draft, Consultation Draft, Policies Maps 1-5, ONE "Guidance Notes" leaflet. No representation forms, no information indicating consultation has been extended, no information about new deadlines, no list of additional documents relating to Plan (so residents are aware that these documents exist should they wish to view). Difficult, if not impossible, for non-internet-users who cannot travel to council offices to view said document to participate in extended consultation.

Object

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 8227

Received: 17/05/2018

Respondent: RPS (Birmingham office)

Representation:

RPS' concern is that the HRA should have informed the Local Plan and its respective policies, as per the requirements of the Conservation of Habitats and Species Regulations 2010. However, the HRA was only consulted on from 6 April to 18 May 2018, which post-dates the consultation on the North East Derbyshire Local Plan Publication Draft that closed on Wednesday 4 April 2018, and therefore this clearly has not occurred. For example, paragraph: 011 Reference ID: 11-011-20140306 of the NPPG makes it clear that "The sustainability appraisal should take account of the findings of a Habitats Regulations Assessment, if one is undertaken". However, on the basis that the SA is dated February 2018 and the HRA 2018, then the HRA cannot have informed the SA and therefore the Plan cannot be legally compliant.

Change suggested by respondent:

The Council should re-open up the whole consultation on the Local Plan as the information in the HRA as well as in the Green Belt and DtC papers should clearly have informed the Local Plan and its respective policies.

Full text:

HRA
The Local Plan must undergo a number of statutory environmental assessments. This ensures that the Plan provides for environmental protection and contributes positively, embedding environmental considerations into the Plan.
As correctly identified within the HRA at paragraph 1.31.1, "the application of HRA to land-use plans is a requirement of the Conservation of Habitats and Species Regulations 2010, the UK's transposition of the Habitats Directive". Specifically, this requirement is set out in Regulation 102.
Paragraph 2.4.1 of the HRA references that "The Local Plan and its component policies are assessed to determine and identify any potential for 'likely significant effect' (LSE) upon European Sites.
The Habitats Regulations require that the appropriate nature conservation is consulted which is Natural England. Whilst Natural England were consulted on the Screening Report, the HRA in the next steps section makes it clear at paragraph 7.3.1 that the report and its findings are subject to consultation with the statutory body Natural England.
RPS' concern is that the HRA should have informed the Local Plan and its respective policies, as per the requirements of the Conservation of Habitats and Species Regulations 2010. However, the HRA was only consulted on from 6 April to 18 May 2018, which post-dates the consultation on the North East Derbyshire Local Plan Publication Draft that closed on Wednesday 4 April 2018, and therefore this clearly has not occurred. For example, paragraph: 011 Reference ID: 11-011-20140306 of the NPPG makes it clear that "The sustainability appraisal should take account of the findings of a Habitats Regulations Assessment, if one is undertaken". However, on the basis that the SA is dated February 2018 and the HRA 2018, then the HRA cannot have informed the SA and therefore the Plan cannot be legally compliant.
Green Belt and DtC consultation
Whilst RPS has already made representations to the Green Belt and also the Duty to Co-operate paper, RPS is concerned that the consultation on those documents finished on 3 May 2018, which as referred to above is after the consultation on the North East Derbyshire Local Plan had concluded (4 April 2018).
Potential Solution
The Council should re-open up the whole consultation on the Local Plan as the information in the HRA as well as in the Green Belt and DtC papers should clearly have informed the Local Plan and its respective policies.

Attachments:

Support

North East Derbyshire Publication Draft Local Plan (Reg 19)

Representation ID: 8228

Received: 18/05/2018

Respondent: Natural England (Lincoln office)

Representation:

Representation not received on representation form; Council officer has made interpretation

Natural England has reviewed the draft HRA report (both screening and Appropriate Assessment stages) provided for the publication draft of the Local Plan. The assessment provided concludes that the proposal can be screened out from further stages of assessment because significant effects are unlikely to occur, either alone or in combination. On the basis of information provided, Natural England concurs with this view.

Notwithstanding the above, your authority should be aware of a Ruling made recently by the Court of Justice of the European Union on the interpretation of the Habitats Directive in the case of People Over Wind and Sweetman vs Coillte Teoranta.

The case relates to the treatment of mitigation measures at the screening stage of a HRA when deciding whether an appropriate assessment of a plan/project is required. Competent authorities currently making HRAs should be mindful of this case and should seek their own legal advice on any implications of this recent ruling for their decisions.

Change suggested by respondent:

n/a

Full text:

Thank you for your consultation on the above dated 06 April 2018.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Summary of Response:
* Response to HRA - Natural England concurs with assessment
Habitat Regulations Assessment (HRA)
The Conservation of Habitats and Species Regulations 2010 (as amended)
Natural England has reviewed the draft HRA report (both screening and Appropriate Assessment stages) provided for the publication draft of the North East Derbyshire District Council Local Plan. The assessment provided concludes that the proposal can be screened out from further stages of assessment because significant effects are unlikely to occur, either alone or in combination. On the basis of information provided, Natural England concurs with this view.
Notwithstanding the above, your authority should be aware of a Ruling made recently by the Court of Justice of the European Union (the CJEU) on the interpretation of the Habitats Directive in the case of People Over Wind and Sweetman vs Coillte Teoranta. Read the case (ref: C-323/17 ).
The case relates to the treatment of mitigation measures at the screening stage of a HRA when deciding whether an appropriate assessment of a plan/project is required. Competent authorities currently making HRAs should be mindful of this case and should seek their own legal advice on any implications of this recent ruling for their decisions
We would be happy to comment further should the need arise but if in the meantime you have any queries please do not hesitate to contact us.

Attachments: