Habitats Regulation Assessment

Habitats Regulation Assessment

Leeds Local Plan: A Planning Framework for Development (2024 - 2042)

This Habitats Regulations Assessment (HRA) Screening has been carried out to determine if the objectives of the Leeds Local Plan are likely to have a significant effect on important conservation sites within and around the Leeds Metropolitan District.

The HRA is a process, which feeds into the Leeds Local Plan (LLP) making process by understanding how the need to protect important areas of nature conservation can be shown to affect the preparation of policies. This will help ensure that the plan will not adversely affect the integrity of any European and International conservation sites. The exception to this would be where 'imperative reasons of overriding public interest’1 can be demonstrated.

At this early stage of plan making the HRA is setting out whether it is likely or not that an Appropriate Assessment of policies will be required in support of the next stage of plan making i.e. draft policies at Regulation 19 stage.

Legal Framework

When preparing the LLP, the City Council is required by law to carry out an HRA, as confirmed by:

• The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007
• The Conservation of Habitats and Species Regulations 2017
• The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

The requirement for authorities to comply with the Habitats Regulations when preparing a plan is also noted in the Government’s Planning Practice Guidance and further guidance5 called ‘Habitats regulations assessments: protecting a European site’.

HRA refers to the assessment of the potential effects of a development plan on one or more sites afforded the highest level of protection in the UK: Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). These were classified under European Union (EU) legislation but, since 1st January 2021, are protected in the UK by the Habitats Regulations 2017 (as amended). Although the EU Directives from which the UK's Habitats Regulations resulted from are no longer binding, the Regulations still make reference to the lists of habitats and species that the sites were designated for.

SACs are designated for habitat types (specified in Annex 1 of the EU Habitats Directive6 and species (Annex II). The listed habitat types and species (excluding birds) are those considered to be most in need of conservation at a European level. Before Brexit, designation of SACs also had regard to the ‘Natura 2000’ network of Habitat sites. After Brexit, regard is now had to the importance of SACs for the coherence of the UK’s ‘national site network’.

SPAs are classified for rare and vulnerable birds (Annex I of the EU Birds Directive7), and for regularly occurring migratory species not listed in Annex I.

The term 'European sites' was previously commonly used in HRA to refer to 'Natura 2000' sites8 and Ramsar sites (international designated under the Ramsar Convention). Post Brexit, a Government Policy Paper on changes to the Habitats Regulations 2017 states that:

• Any references to Natura 2000 in the 2017 Regulations and in guidance now refers to the new ‘national site network’
• The national site network includes existing SACs and SPAs; and new SACs and SPAs designated under these Regulations
• Designated Wetlands of International Importance (known as Ramsar sites) do not form part of the national site network. Many Ramsar sites overlap with SACs and SPAs and may be designated for the same or different species and habitats

Although Ramsar sites do not form part of the new national site network, the Government Policy Paper states that: “All Ramsar sites remain protected in the same way as SACs and SPAs.”

This report has been prepared having regard to all relevant case law relating to the Habitats Directive and the European Court of Justice case of People Over Wind, Peter Sweetman v Coillte Teoranta as it directly concerns the approach to Stage 1 Likely Significant Effects (Screening) under the Habitats Regulations. The case held that "it is not appropriate, at the screening stage, to take account of the measures intended to avoid or reduce the harmful effects of the plan or project on that site" (paragraph 40). It is important to note that not all mitigation measures are excluded from consideration – only those "intended to avoid or reduce the harmful effects of the plan or project on a European site at the screening stage”.

European Designations, Conservation Objectives and Qualifying Features (relating to Leeds Metropolitan District)

There is only one European site in Leeds – a small part of the South Pennine Moors Phase 2 SPA and SAC (known locally as Hawksworth Moor or Rombalds/Ilkley Moor).

However, sites within 10km of the Leeds MD boundary and, due to its strategic significance, the Humber Estuary have also been considered. Appendix 1 sets out the European Designations, Conservation Objectives and Qualifying Features of potential relevance to the LPU.

Although only a small part of the South Pennine Moors Phase 2 SPA and SAC, (known locally as Hawksworth Moor or Rombalds/Ilkley Moor) is located within the Leeds City Council boundary (to the far north west of the District), the potential impact on remaining areas of this site (and others) outside the administrative area of Leeds MD must also be assessed.

The functionally linked land associated with the South Pennine Moors Phase 2 SPA has also been defined so that the likelihood of significant effects from loss of/disturbance to functionally linked land associated with the South Pennine Moors Special Phase 2 SPA is also assessed. A map showing the extent of the South Pennine Moors Phase 2 SPA and the functionally linked land is attached as Appendix 3.

Information for each site has been obtained from the Joint Nature Conservation Committee website and Natural England. These sites are designated at the European Level as Special Protection Areas (SPAs) and/or Special Areas of Conservation (SACs) and/or Ramsar sites. This means they have a very high level of conservation protection by virtue of their importance as key habitats of national significance.

Sites can be designated as both an SPA and a SAC and they are also simultaneously designated for their national importance as Sites of Special Scientific Interest (SSSIs).

Within this overall context, it should be noted that the Humber Estuary is identified as a site that may be affected (the Humber Estuary is also a Ramsar site). The Humber Estuary is 26.5 km from the Leeds MD boundary and is therefore not close enough for individual sites, to directly impact on it. However, the cumulative effect of sites needs to be considered because of the potential for effects on the River Aire and River Wharfe (that join the River Ouse and ultimately flow into the Humber Estuary).

The list of European sites considered by this HRA Screening & Appropriate Assessment are summarised as follows:

• The North Pennine Moors SPA/SAC: This is over 103,000 ha in size and exists in parts of County Durham, Northumberland, Cumbria and North Yorkshire. it is located over 3km north-west of Leeds and is outside the Leeds Metropolitan District boundary
• The South Pennine Moors Phase 2 SPA/SAC: This is part of a wider European Site (South Pennine Moors) which totals 64,000 ha covering other parts of West and South Yorkshire and the Pennine areas of Lancashire. Most of this lies
• Outside the Leeds MD but a small part, known as Hawsksworth Moor lies within the Leeds MD. • Kirk Deighton SAC: This is approximately 4 ha in size and is located to the north of Wetherby It lies 500 metres outside of the Leeds MD
• Denby Grange Colliery Ponds SAC: This is nearly 19 ha in size. It lies over 7km outside the Leeds MD near the A637 in Wakefield District
• Humber Estuary SPA/SAC (and Ramsar site): This is approximately 37,000 ha covering Humberside and Lincolnshire and is located 26.5km outside of Leeds MD.

Leeds Local Plan

The Leeds Local Plan is a wholesale update of the existing Development Plan for the District of Leeds. At this early stage of plan-making the Council has prepared a draft vision, proposed draft objectives and a suite of detailed topic reports setting out the range of strategic and non-strategic planning matters that are to be within scope of the LLP. The objectives of the LLP are set out in the consultation material.

For the purposes of this HRA there are several are several impact pathways that require consideration regarding the LPU and European sites. These are:

• Water quality (surface water runoff)
• Water quality (discharge of treated sewage effluent)
• Hydrological changes, including water abstraction
• Recreational pressure – any increase in human activity and dog walking can lead to impacts on habitats because of increased visitors to a site (i.e., trampling) or can alter behaviour (e.g., alterations in feeding behaviour, avoidance of certain areas and use of sub optimal areas etc.) and physiological changes to species (e.g., an increase in heart rate).
• Air quality – the release of pollutants from vehicle emissions with a resulting concentration of oxides of nitrogen (known as NOx) in the atmosphere, which can cause acidification and the rate of the resulting nitrogen deposition which can act as a fertilizer
• Climate change – direct impacts of climate change - of the 32 priority habitats in the UK Biodiversity Action Plan, seven were assessed to be at high risk from the direct impacts of climate change with only standing waters, floodplain and grazing marsh being applicable to Leeds – the others being either mountain or coastal habitats

Planning policy has the potential to affect these pathways and make effects more likely in a number of ways as follows:

Water Quality Surface Water Run Off

Development within Leeds MD could lead to the conversion of previously undeveloped land to hardstanding and therefore increase surface water runoff, which could reach some European Sites. Surface water could become contaminated by sediment, plastic and chemicals from development sites and roads. Leeds District has two main rivers the Aire and the Wharfe. The Aire and Wharfe catchments flow through Leeds, with the Aire catchment ultimately feeding into the Humber Estuary, as well as minor water courses. Therefore, the European sites that are susceptible to surface water runoff are possibly the Humber Estuary. However, this is 40km outside of the MD.

Water Quality (Discharge of Treated Sewage Effluent)

Development within Leeds MD may lead to increased sewage production, particularly if it is residential. There is therefore a risk that an increase in the volume of treated sewage effluent from the wastewater treatment works that serve Leeds could degrade water quality (i.e. through increased phosphorus discharge) of river based European Sites when in the absence of environmental mitigation and adequate wastewater treatment work permits. Therefore, European sites that are susceptible to surface water runoff are possibly the Humber Estuary.

Hydrological Changes, including Water Abstraction

Development within Leeds MD may lead to increased water use within the area and potentially increased water abstraction, particularly, although not exclusively, associated with increased housing. Increased water abstraction could lead to a reduction in the volume of freshwater in rivers. Abstraction is managed by the Water Resources Management Plan Yorkshire Water Services Ltd April 2020.

The rivers have Abstraction Licensing Strategies managed by the Environment Agency. The WRMP carried out an HRA screening assessment and concluded that no adverse effect on integrity of any European Sites would occur from delivery of the WRMP. Since the purpose of the WRMP is to set out how the water company intends to meet public water supply requirements up to 2045 it covers the period of the LLP.

Recreational Pressure

Increased residential development within Leeds MD may increase the number of visitors to European Sites. In general recreational pressure is likely to arise from habitat destruction via abrasion and vegetation trampling or where features (i.e. breeding and wintering birds) are easily disturbed by human presence.

Air Quality

Development within the Leeds MD is likely to increase the number of vehicles operating within the MD. As a result, increased air pollution is expected from vehicle emissions relative to a situation without growth. Pollutants released from vehicles may be carried directly by wind currents and deposited to European Sites or pollutants may become soluble and taken up during

Evaporation and deposited to European Sites at precipitation. This generally occurs within 200m of significant roads, so the potential for development to contribute to traffic to roads within 200m of European Sites alone and in combination with neighbouring authorities will be of relevance.

Climate Change

Climate change includes both global warming driven by human emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. The changing climate is beginning to have an impact on ecosystems and this impact is expected to increase and accelerate in the future, threatening the conservation of biodiversity. Changes can be summarised as follows: c in phenology (biological lifecycles), which may lead to loss of synchrony between species; changes in species distribution, including the arrival of non-native species and potentially loss of species for which suitable climate conditions disappear; changes in community composition; changes in ecosystem function; and loss of physical space due to sea level rise and increased storminess.

Indirect impacts of climate change on European Sites can include: water resource issues and catchment management with increased water abstraction and flood control; woodlands with increased planting for carbon sequestration or production of biomass for renewable energy generation. These drivers could promote more intensive management systems or tree planting on semi-natural habitats.

Bothe the spatial strategy that the Council sets as a preferred option in due course and site allocations or designations for development may give rise to LSEs and will be assessed in detail at the next stage of plan-making.

In previous site allocations plans the Council has identified that there is the prospect for Likely Significant Effects (LSE) in relation to the South Pennine Moors (Phase 2) SPA and SAC arising from recreational pressures from new housing development proposals. An appropriate assessment was carried out as a result and that concluded that measures that improved alternative recreational destinations would mitigate effects.

Conclusion

This HRA early screening document sets out the framework against which an HRA Screening Assessment will be carried out against publication draft policies at the next stage of plan-making.

It clarifies the important nature conservation sites that need to be considered, their attributes and vulnerabilities to development pressure.

It considers at an early stage the potential impacts that the objectives of the LLP may have on LSEs that will help guide an HRA at the next stage.

To view Appendix 1 and 2, please download the file at the top of this page.