Habitat Regulations Assessment

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Ouseburn Central Masterplan Supplementary Planning Document (SPD)

Habitat Regulations Assessment

1.0 Introduction

This Screening Opinion has been prepared by Newcastle City Council as the first task of the habitats regulation assessment to enable the planning Authority to ascertain that the

SPD will not adversely affect the integrity of any European site, as required under

European directive 92/43/EEC (The Habitats Directive).

The Screening Opinion has been prepared in accordance with the requirements of

Article 6(30 and (4) of the habitats directive, the Conservation (Natural Habitats, &c.)

(Amendment) Regulations 2007 and draft guidance: “Planning for the Protection of

European Sites: Appropriate Assessment – Guidance for Regional Spatial Strategies and L ocal Development Documents” (DCLG 2006).

2.0 The Habitats Directive

Directive 92/43/EEC (The Habitats Directive) on the Conservation of Natural Habitats and of Wild Fauna and Flora requires a Habitats Regulations Assessment (HRA) to be undertaken to assess the impacts of a land-use plan against the conservation objectives of a European Site and enable the planning authority to ascertain that it will not adversely affect the integrity of that site. The network of European Sites (also referred to as Natura 2000 sites) comprises Special Areas of Conservation (SAC’s) and Special

Protection Areas (SPA’s). Ramsar sites should also be considered on the same basis as

European Sites.

Where significant negative effects are identified, alternative options should be examined, and applied where necessary, to avoid any potential damaging effects. HRA applies to

Regional Spatial Strategies (RSS’s), transitional plans, Development Plan Documents

(DPD’s) and Supplementary Planning Documents (SPD’s). The scope of the HRA will depend on the likely significant effects of the plan or project alone or in combination on the integrity of the European Sites.

To satisfy the requirements of article 6(3) of the Habitats Directive, the application of the

HRA should be undertaken in accordance with the Conservation (Natural Habitats &c.)

(Amendment) Regulations 2007. The application of a HRA should be undertaken before the publication of revisions to an RSS, the adoption of a Local Development Document

(LDD) by a Local Planning Authority, or the approval of an LDD under the Secretary of

State’s default intervention powers.

3.0 SCREENING

Screening Opinion for the Newcastle City Council St Lawrence Square Supplementary

Planning Document under the Conservation (Natural Habitats, &C) (Amendment) (England and Wales) Regulations 2006 to establish whether the plan is likely to have a significant effect on a European site.

Part 1. Description of Proposal

Title of Plan :

Ouseburn Central Masterplan Supplementary Planning Document (SPD), Newcastle upon Tyne

Local Development Framework

Location of Plan :

Land adjacent to Foundry Lane, Ouseburn, Newcastle upon Tyne, Tyne and Wear

Site (plan) area

The SPD covers approximately 1.5 Ha

Brief description of Plan

The SPD sets out planning controls for the redevelopment of the Ouseburn Central area adjacent to Foundry Lane, Byker.

The SPD seeks to add detail to policies EN1.1 and H1.3 of the Unitary Development Plan, and build upon policies SD1, SD1.1 and SD1.4. These policies will be examined comprehensively, forming a framework from which a planning application can be developed.

Policy EN1.1 of the of the Newcastle upon Tyne Unitary Development (1998) aims to:

Retain the best buildings

Take full advantage of landform, landscape and other site features

Integrate development into its setting

Achieve designs that relate to the materials and design characteristics of the surrounding built environment

Facilitate safe pedestrian movement

Promote equal accessibility for all users

Ensure new buildings are adaptable for other purposes

Co-ordinate developments of more than one building

Incorporate landscaping as part of design and maximise tree planting

Minimise adverse impacts on land uses nearby to development

Minimise impacts on activities on neighbouring open land and countryside

Maximise the use of buildings, structures and land forms to screen noise sensitive development and spaces.

Policy H1.3 - Where appropriate, the council may seek to enter into planning obligations With a developer for a suitable provision of affordable dwellings in new Developments for people on lower incomes

Policy SD1 states that " The city council will work towards environmentally sustainable development which meets the economic and social needs of the city.

"

SD1.1

- Energy consumption and carbon dioxide emissions will be reduced by:

A. Locating the most intensive forms of development at the city centre and its fringes, close to metro stations, and along major bus routes;

B. Encouraging mixed use development and activity;

C. Retaining areas of mixed use development and activity;

D. Efficient use of road space;

E. Encouraging the development of renewable energy; and

F. Maintaining the compact nature of the city.

SD1.4 - The development and use of renewable energy will be encouraged by:

A. Maximising passive solar gain through building design and orientation;

B. Introducing photovoltaic cells onto appropriate buildings;

C. Utilising bio gas from energy crops or waste; and

D. The development of wind turbines in suitable locations.

Is the proposal directly connected with or necessary to the site management for nature conservation?

No, the proposal deals with the redevelopment of an existing mixed-use commercial area.

Part 2. Description of Designated Sites

NATURA 2000 SITES POTENTIALLY AFFECTED BY THE SPD

There are no European sites within the boundaries of the Local Authority. European Sites which might be affected in neighbouring authorities are the coastline within the local authority boundaries of North Tyneside and South Tyneside

Shortest distance to designated boundary

Approximately 11 kilometres from the closest point

Name Neighbouring Authority

Northumbria Coast SPA & Ramsar

Durham Coast SAC

North Tyneside, South Tyneside, Castle Morpeth (and

Wansbeck)

South Tyneside

The Northumberland Shore SSSI and the Durham Coast SSSI are relevant component SSSIs in this area.

Site Descriptions

Northumbria Coast SPA

The Northumbria Coast SPA includes much of the coastline between the Tweed and Tees

Estuaries in north-east England. The site consists of mainly discrete sections of rocky shore with associated boulder and cobble beaches. The SPA also includes parts of three artificial pier structures and a small section of sandy beach. In summer, the site supports important numbers of breeding Little Tern (Sterna albifrons) , whilst in winter the mixture of rocky and sandy shore supports large number of Turnstone (Arenaria interpres) and Purple Sandpiper (Calidris maritime) .

This site qualifies under Article 4.1 of the Directive (79/409/EEC) by supporting populations of

European importance of the following species, listed on Annex I of the Directive:

During the breeding season Little Tern (Sterna albifrons) , 40 pairs representing at least 1.7% of

the breeding population in Great Britain (5 year peak mean 1991/2 - 1995/6)

This site also qualifies under Article 4.2 of the Directive (79/409/EEC) by supporting populations of

European importance of the following migratory species:

Over winter; Purple Sandpiper (Calidris maritime) , 763 individuals representing at least 1.5% of the wintering Eastern Atlantic - wintering population (5 year peak mean 1991/2 - 1995/6)

Turnstone (Arenaria interpres) , 1,456 individuals representing at least 2.1% of the wintering

Western Palearctic - wintering population (5 year peak mean 1991/2 - 1995/6)

Durham Coast SAC

The Durham Coast is the only example of vegetated sea cliffs on magnesian limestone exposures in the UK. These cliffs extend along the North Sea coast for over 20 km from South Shields southwards to Blackhall Rocks. Their vegetation is unique in the British Isles and consists of a complex mosaic of paramaritime, mesotrophic and calcicolous grasslands, tall-herb fen, seepage flushes and wind-pruned scrub. Within these habitats rare species of contrasting phytogeographic distributions often grow together forming unusual and species-rich communities of high scientific interest. The communities present on the sea cliffs are largely maintained by natural processes including exposure to sea spray, erosion and slippage of the soft magnesian limestone bedrock and overlying glacial drifts, as well as localised flushing by calcareous water.

Vulnerability: Vegetated sea cliffs range from vertical cliffs in the north with scattered vegetated ledges, to the Magnesian limestone grassland slopes of the south. Parts of the site are managed as National Nature Reserve, and plans provide for the non-interventionist management of the vegetated cliffs. The majority of the site is in public ownership and an agreed management plan is being developed to protect nature conservation interests.

Northumbria Coast Ramsar

The Northumbria Coast Ramsar site comprises several discrete sections of rocky foreshore between Spittal, in the north of Northumberland, and an area just south of Blackhall Rocks in

County Durham.

These stretches of coast regularly support nationally important numbers of purple sandpiper and high concentrations of turnstone. The Ramsar site also includes an area of sandy beach at Low

Newton, which supports an nationally important breeding colony of little tern, and parts of three artificial pier structures which form important roost sites for purple sandpiper.

Species regularly supported during the breeding season:

Little tern , Sterna albifrons albifrons ,

W Europe

43 apparently occupied nests, representing an average of 2.2% of the GB population (Seabird

2000 Census)

Species with peak counts in winter:

Purple sandpiper , Calidris maritima maritima , E Atlantic –wintering

Ruddy turnstone , Arenaria interpres interpres , NE Canada, Greenland/W

Europe & NW Africa

291 individuals, representing an average of 1.6% of the

GB population (5 year peak mean 1998/9-2002/3)

978 individuals, representing an average of 1% of the population (5 year peak mean 1998/9-2002/3)

Vulnerability: Little terns are vulnerable to disturbance by tourists in the summer causing reduced breeding success

Part 3. Assessment Criteria

Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on the European site

None – the SPD does not propose any development or consequent affect , which would cause direct loss of SPA or SAC habitat or otherwise result in indirect impacts on the integrity of the

Northumbria Coast SPA and the Durham Coast SAC.

Describe any likely direct, indirect or secondary Describe any likely direct, indirect or secondary

Size and scale

Land-take

Distance from the natural 2000 site or key features of the site;

Resource requirements (water abstraction, infrastructure etc)

Emissions (disposal to land, water or air)

Excavation requirements Transportation requirements

Duration of construction, operation, decommissioning etc

Increase in damage or disturbance as result of access recreation and other human activity

Other

None – as above

Describe any likely changes to site integrity arising as a result of:

Reduction of habitat area

Change in habitat condition

Disturbance to key species

Habitat or species fragmentation

Reduction in species density

Changes in key indicators of conservation value (water quality etc)

Climate change

No changes identified

Describe any likely impacts on the Natura 2000 site as whole in terms of:

Interference with the key relationships that define the structure of the site;

Interference with key relationships that define the function of the site

No impacts identified

Provide indicators of significance as a result of the identification of effects set out above in terms of

Loss

Fragmentation;

Disruption

Disturbance

Change to key elements of the site (e.g. water quality etc)

N/A

Describe from the above those elements of the project or plan, or combination of elements, where the above impacts are likely to be significant or where the scale or magnitude of impacts is not known

There are no likely significant effects identified

4.0 HRA Screening Opinion

Based on the screening undertaken by the City of Newcastle, it is concluded that the implementation of the Ouseburn Central Masterplan Supplementary Planning Document will not adversely affect the integrity of the Northumbria Coast SPA or Durham Coast

SAC.

5.0 CONSULTATION

In reaching this opinion, Natural England was consulted.

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