Appendices for Advice note 10: Habitat Regulations Assessment (HRA) APPENDIX 1 – HRA SCREENING CHECKLIST .......................................................................................... 2 APPENDIX 2 – NO SIGNIFICANT EFFECTS REPORT CHECKLIST .......................................................... 9 APPENDIX 3 – INFORMATION TO INFORM APPROPRIATE ASSESSMENT CHECKLIST .................... 11 APPENDIX 4 – ASSESSMENT OF ALTERNATIVE SOLUTIONS CHECKLIST ......................................... 16 APPENDIX 5 – IROPI CHECKLIST ............................................................................................................ 19 APPENDIX 6 – COMPENSATORY REASONS CHECKLIST ..................................................................... 20 These checklists are provided as a guide to assist developers and should accompany the HRA report required under Regulation 5 (2) (g) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 together with the developer's screening matrix. Consideration should be given to the presentation of information. Where appropriate developers could use a single checklist to cover multiple European sites. ** Where information is not provided within the developer’s HRA report the box should be completed to provide explanation as to why this information is not relevant. APPENDIX 1 – HRA SCREENING CHECKLIST 1 - HRA SCREENING CHECKLIST NAME OF PROJECT NAME, LOCATION AND EU CODE OF EUROPEAN SITE INCLUDING QUALIFYING FEATURES DATE AUTHOR NAME/ORGANISATION AND QUALIFICATIONS 1A - DESCRIPTION OF THE PROJECT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** The purpose and objectives of the project including strategic importance with reference to specific sections of relevant NPS(s) The key stages of the project and the various timescales thereof Any other services (e.g. pipelines, electricity, traffic management/technology, lighting, signage etc) which will be required as part of the project The resource requirements throughout the lifetime of the project Any waste products arising during construction and operation Distance of the project from the European site or qualifying features of the site Appendices for Advice note 10: Habitat Regulations Assessment Page 2 of 22 Maps and plans which illustrate the nature of the works planned as part of the project 1B - CHARACTERISTICS OF THE EUROPEAN SITE Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** Map(s) indicating the relative position(s) of the European site to the project and where appropriate showing the location and spatial extent of the qualifying features Size of the European site The qualifying features of the European site including the primary reasons for selection and any other qualifying interests (please present copies of the citations in an appendix Details of the existing baseline conditions of the site Details of data collection methodologies, and consultations undertaken Cross-reference to any accompanying surveys or reports/ data form The vulnerability of the Europeans site’s qualifying features Available information on potential effect pathways from the standard data forms or gained from consultation with relevant nature conservation bodies The European site conservation objectives in consultation with relevant nature conservation bodies and/or management plans Appendices for Advice note 10: Habitat Regulations Assessment Page 3 of 22 Conservation status of each qualifying feature on the European site (favourable or otherwise) The seasonal influences on the qualifying Annex I habitats and Annex II species on the site The physical and chemical composition of the European site e.g. geology, hydrology or soils, identifying key physical features with a direct influence on the qualifying features of the site The dynamics of the habitats, species and their ecology The key structural and functional relationships that create and maintain the site’s integrity The likely future natural changes in baseline conditions at the site in the absence of the project 1C - INITIAL ASSESSMENT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** A description of the individual elements of the project likely to give rise to impacts on the European site (either alone or in combination with other plans or projects) An explanation of the physical scope for surveys used to inform the assessment DESCRIBE ANY LIKELY DIRECT, INDIRECT OR SECONDARY IMPACTS OF THE PROJECT OR ASSOCIATED DEVELOPMENT, (ALONE OR IN COMBINATION WITH OTHER PLANS OR PROJECTS) IN THE CONSTRUCTION, OPERATION AND DECOMMISSIONING PHASE ON THE EUROPEAN SITE BY VIRTUE OF: Appendices for Advice note 10: Habitat Regulations Assessment Page 4 of 22 The extent of habitat loss Resource requirements (from the European site or from areas in close proximity to the site, in relevance to consideration of impacts e.g. water abstraction) Physical changes that would occur as a result of project (e.g. from excavation, piling, dredging etc) taking into consideration the duration, frequency and reversibility of potential impacts Waste products arising during construction and operation Emissions (to land, water or air e.g. polluted surface water runoff – both soluble and insoluble pollutants) Excavation requirements (e.g. impacts on local hydrogeology) Transportation requirements Duration of construction, operation, decommissioning etc Any other likely impacts In combination impacts with other projects or plans, in consultation with the relevant nature conservation bodies to ensure all potential receptors of likely changes are considered and adequately assessed THE KEY CHARACTERISTICS OF THE SITE SHOULD BE CONSIDERED IN IDENTIFYING POTENTIAL IMPACTS (ALONE OR IN COMBINATION WITH OTHER PLANS OR PROJECTS) DESCRIBE ANY LIKELY CHANGES TO THE SITE ARISING AS A RESULT OF: The extent of habitat loss Appendices for Advice note 10: Habitat Regulations Assessment Page 5 of 22 Habitat or species fragmentation Disturbance to qualifying species on the site Reduction in population size of species Changes in key indicators of conservation value (water quality, etc) Climate change WITH REFERENCE TO ITS CONSERVATION OBJECTIVES, DESCRIBE ANY LIKELY IMPACTS ON THE EUROPEAN SITE AS A 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 INDICATE THE SIGNIFICANCE AS A RESULT OF THE IDENTIFICATION OF THE ECOLOGICAL IMPACTS SET OUT ABOVE AND IN CONSULTATION WITH RELEVANT NATURE CONSERVATION BODIES IN TERMS OF: The extent of habitat loss Fragmentation Disruption e.g. to foraging or migration routes Disturbance of qualifying species on site Population size Change to key elements of the site (e.g. water quality, Appendices for Advice note 10: Habitat Regulations Assessment Page 6 of 22 hydrological regime etc) A description of those elements of the project, or combination of elements, where the above impacts are likely to affect the integrity of the European site or where the scale or magnitude of impacts is not known Provide certainty/deliverability of mitigation and whether a mitigation impact affects the integrity of the site 1D - RESULTS OF CONSULTATION Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report and/or the ES/Consultation Report if appropriate.** Name(s) of agency(ies) or body(ies) consulted (provide contact name and telephone or e-mail address, date of consultation etc) The date when formal s.42 consultation commenced ANTICIPATED OUTCOME OF THE HRA (DETERMINED BY THE DEVELOPER PRIOR TO SUBMISSION OF THE DCO APPLICATION) Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** A conclusion that significant effects are likely A conclusion that sufficient uncertainty remains A conclusion that mitigation is able to reduce the effect(s) to negligible levels A conclusion that there is not likely to be Significant Effects Appendices for Advice note 10: Habitat Regulations Assessment Page 7 of 22 Any questions or concerns over any of the HRA issues from non statutory bodies e.g. RSPB Evidence as appropriate that the relevant nature conservation bodies is in agreement with this conclusion Appendices for Advice note 10: Habitat Regulations Assessment Page 8 of 22 APPENDIX 2 – NO SIGNIFICANT EFFECTS REPORT CHECKLIST 2A- NO SIGNIFICANT EFFECTS REPORT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** A description confirming if the project is directly connected with or necessary to the management of the site (provide details) Other projects or plans that together with the project being assessed could have effects on the site Defined boundaries for the assessment (provide details of responsibility (for consenting, ownership or development) regarding other projects/plans and the name and location of other projects/plans (provide maps where available) AN ASSESSMENT OF THE SIGNIFICANCE OF EFFECTS, INCLUDING MITIGATION A description of how the project is likely to affect the European site (alone or in combination with other plans and projects) Include direct and indirect effects and explain how the assessment was carried out An explanation of why these effects are not considered significant Appendices for Advice note 10: Habitat Regulations Assessment Page 9 of 22 2B - RESULTS OF CONSULTATION Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report and/or the ES/Consultation Report if appropriate** The name(s) of agency(ies) or body(ies) consulted (provide contact name and telephone or e-mail address, date of consultation etc) A summary of their response The date when formal s.42 consultation commenced DATA COLLECTED TO CARRY OUT THE ASSESSMENT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** The name and qualifications of the person who carried out the assessment The sources of data e.g. field studies, existing records, consultation The level of, and confidence in, assessment e.g. desk top, full assessment The full results of the assessment (if provided in other documents please provide reference) An overall conclusion Appendices for Advice note 10: Habitat Regulations Assessment Page 10 of 22 APPENDIX 3 – INFORMATION TO INFORM APPROPRIATE ASSESSMENT CHECKLIST 3A - INFORMATION TO INFORM APPROPRIATE ASSESSMENT (IF REQUIRED) Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** An Executive Summary The Characteristics of European site (See Checklist 1B) A description of the assessment techniques, including details of how impacts on integrity are assessed1 A reference to the sources of information used in the assessment An assessment of significant residual impacts on qualifying interests against the conservation objectives for each designated feature (Given the nature conservation value of the sites in a European context, any residual impact on a qualifying interest that in the view of the developer was greater than ‘negligible’ would be considered significant) A description of how the project will affect qualifying species and qualifying habitats Acknowledge uncertainties and any gaps in information 1 Where reference is made to guidance or technical advice, the developer is required to provide an accurate reference and where possible an up to date web-link Page 11 of 22 Appendices for Advice note 10: Habitat Regulations Assessment A description of the anticipated duration and reversibility of the impacts Acknowledge uncertainties and any gaps in information A description of how the project has the potential to cause changes to the vital site characteristics (e.g. nutrient balance) that determine how the site functions as a habitat or ecosystem* A description of how the project has the potential change the dynamics of the relationships (between, for example, soil and water or plants and animals) that define the structure and/or function of the site* A description of how the project has the potential to interfere with predicted or expected natural changes to the site (such as water dynamics or chemical composition)* A description of how the project has the potential to reduce the area of key habitats* A description of how the project has the potential to reduce the population of key species* A description of how the project has the potential to change the balance between key species* A description of how the project has the potential to reduce the diversity of species and habitat on the site* A description of how the project has the potential to result in disturbance that could affect population size or the balance between key species* A description of how the project has the potential to result in Appendices for Advice note 10: Habitat Regulations Assessment Page 12 of 22 fragmentation of species or habitat* A description of how the project has the potential to result in loss or reduction of qualifying features (e.g. tree cover, tidal exposure, annual flooding, etc)* A description of how the project has the potential to disrupt those factors that help to maintain the favourable conditions of the site* A description of how the project has the potential to interfere with the balance, distribution and density of key species that are the indicators of the favourable condition of the site* A description of how the project has the potential to interrupt or cause delays in progress towards achieving the conservation objectives of the site* A description of how the integrity of the site (determined by structure and function and conservation objectives) is likely to be affected by the project (e.g. loss of habitat, disturbance, disruption, chemical changes, hydrological changes and geological changes, etc.) An acknowledgment of any uncertainties and any gaps in information * Descriptions should include consideration of the project either alone or in combination with other plans and projects Appendices for Advice note 10: Habitat Regulations Assessment Page 13 of 22 3B - MITIGATION MEASURES (INCLUDING s174 PLANNING OBLIGATIONS AND REQUIREMENTS) Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report, DCO and/or the ES/s174 Heads of Terms2if appropriate** Mitigation measures to be introduced An explanation of how these measures would avoid the adverse effects on the integrity of the site An explanation of how these measures would reduce the adverse effects on the integrity of the site A description of what the residual effect on site or species would be An explanation of how these effects would have an in combination impact with any other plans or projects Evidence of how they would be implemented and by whom Evidence of degree of confidence in their success A timescale, relative to the project, for implementation An explanation of the proposed monitoring scheme and how any mitigation failure will be addressed 2 Developers should agree at least the heads of terms of any development consent obligation with the relevant local authority before an application is submitted. Ideally a fully drafted agreement (or unilateral undertaking) which has been consulted upon and referred to in the consultation report should be included with the application. Appendices for Advice note 10: Habitat Regulations Assessment Page 14 of 22 3C - RESULTS OF CONSULTATION Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report, and/or the ES/Consultation Report if appropriate** The name(s) of agency(ies) or body(ies) consulted (provide contact name and telephone or e-mail address, date of consultation etc) A summary of their response DATA COLLECTED TO CARRY OUT THE ASSESSMENT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** The name and qualifications of the person who carried out the assessment The sources of data e.g. field studies, existing records, consultation The level of, and confidence in, assessment e.g. desk top, full assessment The full results of the assessment (if provided in other documents please provide reference) An overall conclusion Appendices for Advice note 10: Habitat Regulations Assessment Page 15 of 22 APPENDIX 4 – ASSESSMENT OF ALTERNATIVE SOLUTIONS CHECKLIST 4A – ASSESSMENT OF ALTERNATIVE SOLUTIONS Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** A description and objectives of the project The ‘do nothing’ alternative The predicted adverse effects of the project on the European site, following the HRA screening The possible alternative solutions Evidence of how the alternative solutions were assessed A Description of the relative effects on the conservation objectives of the European site (greater or less adverse effects) Alternative locations/routes Alternative size and scale Alternative means of meeting objectives (e.g. demand management) Alternative methods of construction Alternative operational methods Alternative decommissioning methods Appendices for Advice note 10: Habitat Regulations Assessment Page 16 of 22 Alternative timescales The conclusions on Alternatives A description of the alternative solution that would avoid or minimise significant impacts on the European Site An explanation why the proposed project is favoured over the other alternative solutions assessed An overall statement to explain why it is considered that in this instance there are no alternative solutions that would avoid reducing the conservation value of the European Site 4B - RESULTS OF CONSULTATION Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report and/or the ES/Consultation Report** The name(s) of agency(ies) or body(ies) consulted (provide contact name and telephone or e-mail address, date of consultation etc) A summary of their response DATA COLLECTED TO CARRY OUT THE ASSESSMENT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** The name and qualifications of the person who carried out the assessment Appendices for Advice note 10: Habitat Regulations Assessment Page 17 of 22 The sources of data e.g. field studies, existing records, consultation The level of, and confidence in, assessment e.g. desk top, full assessment The full results of the assessment (if provided in other documents please provide reference) An overall conclusion Appendices for Advice note 10: Habitat Regulations Assessment Page 18 of 22 APPENDIX 5 – IROPI CHECKLIST 5A – IMPERATIVE REASONS OF OVERIDING PUBLIC INTEREST (IROPI) Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** A statement for IROPI (That refers to Europa Guidance on Article 6 (4) Identify social and economics issues If site hosts priority natural habitats and species reasons should identify; o Human health o Public safety etc.) Appendices for Advice note 10: Habitat Regulations Assessment Page 19 of 22 APPENDIX 6 – COMPENSATORY REASONS CHECKLIST 6A – COMPENSATORY MEASURES s174 PLANNING OBLIGATIONS AND REQUIREMENTS Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES also s174 planning obligations and requirements if appropriate** A description of Compensatory Measures (e.g. relevant method statements, management agreements and monitoring proposals) and timetable. Provide a cross reference to the DCO requirements and s174 planning obligations which secure compensatory measures How compensatory measures were identified What alternative measures were identified How the compensatory measures relate to the conservation objectives of the site How the compensatory measures address, in comparable proportions, the habitats and species negatively affected How the compensatory measures would maintain or enhance the overall coherence of the European site network How the compensatory measures relate to the same biogeographical region in the same Member State Provide evidence to the effect that if the compensatory measures require the use of land outside the affected European site, is that land under the long-term ownership and control of the developer or relevant national or local authority Appendices for Advice note 10: Habitat Regulations Assessment Page 20 of 22 (Provide reference to DCO land plan provided in accordance with Reg. 5(2)(i) and if it is proposed to acquire land or rights compulsorily cross reference to relevant interests/land in Book of Reference) Information on the geological, hydrogeological, soil, climate and other local conditions that exist on the compensation site and if they are the same as those that exist on the European site adversely affected by the project Information on the compensatory measures and whether they provide functions comparable to those that had justified the selection criteria of the original site Evidence that exists to demonstrate that this form of compensation will be successful in the long term The timescale for the delivery of compensatory measures (in relation to the project implementation timescale) 6B - RESULTS OF CONSULTATION Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report and/or the ES/Consultation Report if appropriate** The name(s) of agency(ies) or body(ies) consulted (provide contact name and telephone or e-mail address, date of consultation etc) A summary of their response Appendices for Advice note 10: Habitat Regulations Assessment Page 21 of 22 DATA COLLECTED TO CARRY OUT THE ASSESSMENT Tick as Is the following information provided within the HRA report? appropriate Yes No Cross refer to relevant sections in the HRA report or the ES, if appropriate** The name and qualifications of the person who carried out the assessment The sources of data e.g. field studies, existing records, consultation The level of, and confidence in, assessment e.g. desk top, full assessment The full results of the assessment (if provided in other documents please provide reference) An overall conclusion Appendices for Advice note 10: Habitat Regulations Assessment Page 22 of 22