Local Development Plan 2030 - Draft Habitats Regulations Assessment of the Draft Plan Strategy

Local Development Plan 2030

Draft Plan Strategy Draft Habitats Regulations Assessment of the Draft Plan Strategy - Addendum Report 1

January 2021

Draft Habitats Regulations Assessment of the Draft Plan Strategy Addendum Report 1

Local Development Plan 2030

Non Technical Summary Mid and East Antrim Borough Council is currently in the process of developing a new Local Development Plan (LDP) for the Borough. This will replace the existing Area Plans and provide a revised policy framework to inform planning decision making and guide development in Mid and East Antrim until 2030.

The draft Plan Strategy was published on 17 September 2019 and consulted upon, along with its supporting documents, between 16 October and 11 December 2019. Following closure of the public consultation period, the Council received 80 individual representations raising a wide range of issues with a further 10 counter representations.

The Council now proposes to make a number of modifications to the draft Plan Strategy prior to submitting for Independent Examination. These amendments include changes to draft policy wording, the provision of additional text for clarification purposes, modification to other text outside of policy and other minor revisions to address editing issues, factual corrections or typographical errors.

This Addendum to the draft HRA reports on the assessment of the effects of the proposed modifications in relation to the draft HRA of the Draft Plan Strategy. All the proposed modifications were reviewed to identify whether they are relevant to the draft HRA. Those that are relevant were screened to identify whether any would have a likely significant effect on any international designated sites. It was found that the proposed modifications have no likely significant effect on any international sites and all have been screened out of the need for appropriate assessment.

The mitigation measures recommended in the draft HRA have all been incorporated through proposed modifications. Assuming that those modifications are all accepted, and the plan amended accordingly, it is possible to ascertain that the draft Plan Strategy will have no adverse effect on the integrity of any international sites.

The draft HRA will be updated and finalised following public consultation and independent examination of the draft Plan Strategy. It will then be published alongside the Council’s adopted Plan Strategy.

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Contents

Non Technical Summary .......................................................................................................................... i 1

Introduction...................................................................................................................................... 3 Consultation on the draft Plan Strategy .............................................................................................. 3 Next Steps ........................................................................................................................................... 3

2

Habitats Regulations Assessment .................................................................................................. 4 Statutory Requirements ...................................................................................................................... 4 Current Stage ...................................................................................................................................... 4

3

Assessment of the proposed modifications to the Draft Plan Strategy ........................................... 5 Review of relevant modifications ........................................................................................................ 5 Screening of relevant modifications .................................................................................................... 5 Assessment of implementation of mitigation through modifications ................................................... 5

4

Conclusion....................................................................................................................................... 8

Appendix 1 Summary of Proposed Modifications Relevant to draft HRA ............................................... 9 Appendix 2 Revised Screening of Policies Screened Out in draft HRA ............................................... 12

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Local Development Plan 2030

Introduction

Consultation on the draft Plan Strategy 1.1

Mid and East Antrim Borough Council is currently in the process of developing a new Local Development Plan (LDP) for the Borough. This will replace the existing Area Plans and provide a revised policy framework to inform planning decision making and guide development in Mid and East Antrim until 2030.

1.2

The LDP is made up of two documents, the first of which is the draft Plan Strategy, which will then be followed by the Local Policies Plan. The draft Plan Strategy was published on 17 September 2019 and consulted upon, along with its supporting documents, between 16 October and 11 December 2019. Following closure of the public consultation period, the Council received 80 individual representations raising a wide range of issues, with a further 10 counter representations.

1.3

All representations received during the consultation period, including those made on the draft Habitats Regulations Assessment (draft HRA), have been fully examined and considered. This process has been documented in a Draft Plan Strategy Public Consultation Report, which will be submitted as part of the documentation required for Independent Examination (IE).

1.4

Following consideration of the draft Plan Strategy, the Sustainability Appraisal, draft HRA and the submissions received, the Council proposes to make a number of modifications to the draft Plan Strategy prior to submitting for IE. These amendments include modifications to draft policy wording, the provision of additional text for clarification purposes, modification to other text outside of policy and other minor revisions to address editing issues, factual corrections or typographical errors. These include modifications to implement mitigation recommended in the draft HRA.

1.5

For further information on the LDP, including the draft HRA, please visit the Council’s website at www.midandeastantrim.gov.uk/ldp

Next Steps 1.6

The proposed modifications to the draft Plan Strategy will be subject to an 8-week public consultation from Friday 8 January to Friday 5 March 2021. The purpose of the consultation is to inform interested parties of the Proposed Modifications to the draft Plan Strategy and afford them the opportunity to provide comment for further consideration by the Planning Appeals Commission (PAC) at Independent Examination (IE).

1.7

As soon as reasonably practicable after the expiry date of the 8-week consultation period, the Council will submit the draft Plan Strategy and all associated documents to the Department for Infrastructure (DfI) for IE. All documents submitted to the Department, including those comments received on the proposed modifications, will also be made available for public inspection on the Council’s website.

1.8

Should further modifications to the draft Plan Strategy arise out of the IE; the implications of these modifications will also be considered in the context of the findings of the SA and HRA. It should be noted that the DfI will ultimately be responsible for determining whether any modifications to the Plan Strategy, as recommended by the PAC after IE, should be implemented.

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Local Development Plan 2030

Habitats Regulations Assessment

Statutory Requirements 2.1

The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) (the Habitats Regulations), Regulation 43, requires an appropriate assessment to be undertaken of plans and projects which are likely to have a significant effect on an international site in Northern Ireland, either alone or in combination with other plans or projects. This is known as Habitats Regulations Assessment (HRA) and provides for assessment of the implications of a land use plan for international sites in view of their conservation objectives. International sites include designated and proposed Special Protection Areas, designated Special Areas of Conservation and Ramsar sites.

2.2

The Council’s Draft Plan Strategy has the potential to have significant effects on some designated international sites. Therefore, as the Competent Authority, a draft HRA was undertaken to ensure the legal requirements of the Habitats Regulations were fully met. The draft HRA recommended mitigation to avoid adverse effects on international sites, which is proposed to be incorporated through proposed modifications. It therefore follows that proposed modifications to the Draft Plan Strategy must also be assessed under the Habitats Regulations. This Addendum follows the guidance set out in the Habitats Regulations Assessment Handbook 1 (the HRA Handbook) and is also informed by the reference material in Appendix 1 of the draft HRA.

Current Stage 2.3

HRA is an iterative process that runs in parallel with the preparation of the LDP, including the draft Plan Strategy. The HRA for the Plan Strategy will be finalised prior to adoption of the Plan Strategy to ensure that it is up to date at that time.

2.4

The draft HRA contains the findings of the assessment of the implementation of the draft Plan Strategy on international sites. It was published together with the draft Plan Strategy in September 2019 was also subject to statutory and public consultation.

2.5

This document forms an Addendum to the September 2019 draft HRA. It identifies whether the outcomes of the draft HRA should be varied or revised from those originally published within that report. This document should therefore be read in conjunction with the draft Habitats Regulations Assessment of the draft Plan Strategy2 and the Local Development Plan 2030 Schedule of Proposed Modifications, (‘the Schedule of Proposed Modifications’).

2.6

This Addendum includes the following: • • • •

2.7

Review of proposed modifications to identify those relevant to HRA. Screening of the relevant proposed modifications.

A record of those recommendations of the draft HRA which have been implemented through any proposed modifications and review of the integrity test.

Conclusions on whether any proposed modifications lead to a likely significant effect for any site selection features, whether further assessment is required and the outcome of the integrity test.

The draft HRA will be updated and finalised following public consultation and IE of the Draft Plan Strategy. It will then be published alongside the Council’s adopted Plan Strategy.

1

Tyldesley, D., and Chapman, C., (2013) The Habitats Regulations Assessment Handbook, July 2020 edition UK: DTA Publications Ltd. 2 https://www.midandeastantrim.gov.uk/downloads/Draft_Habitats_Regulation_Report_for_draft_Plan_Strategy.pdf

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Assessment of the proposed modifications to the Draft Plan Strategy

Review of relevant modifications 3.1

The majority of proposed modifications to the draft Plan Strategy, in the Schedule of Proposed Modifications, are minor changes to the draft Plan Strategy, for the purposes of clarification and as factual updates. They are logical and rational updates in response to representations and do not in practice change the direction or application of the policy. The proposed modifications do not:   

3.2

introduce new policies not previously subject to any screening; fundamentally change a policy in a manner which may result in new potential effects not considered in the draft HRA; or increase the overall quantum of development provided for.

The 162 proposed modifications to the draft Plan Strategy were reviewed to identify whether they are relevant to the HRA. The modifications that are not considered to be relevant to the HRA are those that:  

relate to policies that have no effect on designated sites or their features; or have no effect on designated sites or their selection features, these include o typographical corrections, o altered terminology, o points of clarification, o amendments in the interests of consistency, o explanatory text, and o factual updates.

Such changes are of no consequence to and will have no conceivable effect on any international sites This review found that 31 proposed modifications relating to 13 policies are relevant to the HRA.

Screening of relevant modifications 3.3

Those modifications found to be relevant to the draft HRA were screened to determine whether their effect would, be positive in strengthening protection of designated sites, be neutral, or have a potential negative effect. The screening assessed the effect of each proposed modification on the policy, taking into account the effect of other modifications to the same policy or its Justification and Amplification (J&A).

3.4

The screening outcome is summarised in Appendix 1. The modifications were all found to have either a neutral effect or a positive effect in relation to designated sites and site selection features. Therefore no modifications have led to any policies, that were screened out in the draft HRA, now being screened into the need for appropriate assessment.

3.5

Some of the modifications relate to implementing recommended mitigation in the draft HRA. These are discussed further in 3.6 to 3.9. The remaining modifications that are relevant to the draft HRA have no impact on the draft HRA screening, will have no conceivable effect on any international sites and are screened out of further assessment.

Assessment of implementation of mitigation through modifications 3.6

The draft HRA screened 14 of the policies in the draft Plan Strategy as having a likely significant effect on a site alone. The appropriate assessment of these policies recommended that mitigation measures, in the form of suggested case-specific policy restrictions or caveats should be implemented. These recommendations could then be relied upon to avoid adverse effects on the integrity of the international sites identified as potentially at risk.

3.7

The opportunity has been taken to implement these mitigation measures through proposed modifications. Table 1 details the recommended mitigation in the draft HRA, the effect of these proposed modifications and the outcome of the integrity test. The outcome is that the proposed modifications will ensure that the policies to which they apply, and related policies, can have no adverse effect on the integrity of any international site.

3.8

The revised screening categories are presented in Appendix 2. All categories change from I (policy or proposal which may have a likely significant effect on a site alone) screened in, to A (General statement of policy/general aspiration), or B (policy listing general criteria) and H (one which cannot

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undermine conservation objectives), all of which can be screened out. The policies can therefore now be screened out of the need for appropriate assessment.

3.9

Assuming these proposed modifications are all accepted, and the plan amended accordingly, it is possible to ascertain that the Plan Strategy will have no adverse effect on the integrity of any international sites. The accepted changes will be reflected in the finalised HRA prior to adoption of the Plan Strategy.

Table 1 Policy Tourism Opportunity Zones SGS8, TOU2

Review of the Implementation of draft HRA Mitigation Measures Recommended mitigation measures SGS8 Add new paragraph: ‘5.6.12 European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for tourism to have a direct adverse effect on these sites and supporting habitats, or an indirect effect through increasing recreational pressure. Such potential effects will be considered through subject policies TOU3 and NAT1 and will inform any key site requirements for Tourism Opportunity Zones.’

TOU2: Add to policy box: ‘…subject to meeting Policy NAT1 and any key site requirements…’

TOU2 Add new paragraph to the J&A: 7.3.12 ‘Carnfunnock Country Park is adjacent to East Coast (NI) Marine proposed SPA and the former Magheramorne Quarry is adjacent to Larne Lough SPA and Ramsar site. There is potential for tourism development to have a direct adverse effect on these sites and supporting habitats, or an indirect effect through increasing recreational pressure on these sites or other marine European Designated Sites. Therefore, any tourism development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.’

Integrity test conclusion The text additions are incorporated in full through proposed modifications PM012, PM-060 and PM-061. The District Proposals Map will be updated when the Plan Strategy is adopted. With the amended wording the Tourism Strategy SGS8 and Strategic Subject Policy TOU2 cannot undermine the conservation objectives of any international site. The specific reference to ‘European Designated Sites’ in SGS8 and the J&A for TOU2, the reference to Policy NAT1 in TOU2 and the illustration of East Coast (Northern Ireland) Marine SPA (proposed) on the District Proposals Maps will avoid internal conflict within the plan and Policy NAT1 can then be relied upon to ensure that the policies will have no adverse effect on the integrity of any international site.

District Proposals Map: Include East Coast (Northern Ireland) Marine SPA (proposed) on the District Proposals Maps in the adopted Plan Strategy.

Vulnerable Areas, Wider Recreational Impacts of Tourism SGS8, TOU3, TOU4, TOU5, TOU6, TOU7, TOU8

SGS8 Add new paragraph: ‘5.6.12 European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for tourism to have a direct adverse effect on these sites and supporting habitats, or an indirect effect through increasing recreational pressure. Such potential effects will be considered through subject policies TOU3 and NAT1 and will inform any key site requirements for Tourism Opportunity Zones.’

TOU3 Add to policy box b): ‘…other provisions of the LDP including Policy NAT1’.

TOU3 add new paragraph to the J&A: ‘7. 3.15 European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for tourism to have a direct adverse effect on these sites and supporting habitats or an indirect effect through increasing recreational pressure.

Therefore, any tourism development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.)

Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.’

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The text additions are incorporated in full through proposed modifications PM012, PM-062, and PM-063. With the amended wording the Tourism Strategy SGS8 and Strategic Subject Policies cannot undermine the conservation objectives of any international site.

TOU3 applies to TOU4, TOU5, TOU6, TOU7 and TOU8, therefore by strengthening TOU3 the following policies are also strengthened and do not need further amendment. The specific reference to ‘European Designated Sites’ in SGS8 and the J&A for TOU3 and the reference to Policy NAT1 in TOU3 will avoid internal conflict within the plan and Policy NAT1 can then be relied upon to ensure that the policy will have no adverse effect on the integrity of any international site.

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Draft Habitats Regulations Assessment of the Draft Plan Strategy Addendum Report 1 Policy Minerals Development

Recommended mitigation measures MIN1 Add to policy box b): ‘…other provisions of the LDP including Policy NAT1’

MIN1, MIN2, MIN3, MIN4

Amend J&A 7.4.14 by removing the word ‘hydrologically’ and replacing the phrase ‘requires an assessment’ as follows: ‘Any minerals development that could impact hydrologically on a European Designated Site requires an assessment must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.)

Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.’ Amend MIN3 as follows: ‘Proposals for exploitation of hydrocarbons through conventional or unconventional methods of extraction must comply with Policy Policies MIN1 and MIN2.’

Sport and Outdoor Recreation OSL5

Amend OSL5 Sport and Outdoor Recreation in Settlements; and Sport and Outdoor Recreation in the Countryside by adding reference to Policy NAT1 in two places as follows: ‘…where they meet the General Policy and accord with other provisions of the LDP, including Policy NAT1 and the policy text below relating to noise, floodlighting and water sports.

Amend OSL5 Intensive Sports Facilities; Noise Generating Sports and Outdoor Recreational Activities; Development of Facilities ancillary to Water Sports by adding reference to Policy NAT1 in three places as follows: ‘…accord with other provisions of the LDP, including Policy NAT1, and where …’

Amend OSL5 The Floodlighting of Sports and Outdoor Recreational Facilities by adding reference to Policy NAT1 in one place as follows: ‘…where the General Policy is and Policy NAT1 are met.’

Local Development Plan 2030

Integrity test conclusion The text amendments are incorporated in full through proposed modifications PM-079, PM-080 and PM-087. The specific reference to Policy NAT1 in MIN1 means that the policy cannot undermine the conservation objectives of any international site. The amendment to the J&A ensures that all potential impacts will be considered.

The amendment to MIN3 will ensure that development under that policy must also take account of MIN1. Together these amendments will avoid internal conflict within the plan and Policy NAT1 can then be relied upon to ensure that the policy will have no adverse effect on the integrity of any international site.

The text additions are incorporated in full through proposed modifications PM108, PM-109 and PM-110. With the amended wording the policy cannot undermine the conservation objectives of any international site. The specific reference to ‘European Designated Sites’ in the J&A will avoid internal conflict within the plan and Policy NAT1 can then be relied upon to ensure that the policy will have no adverse effect on the integrity of any international site.

OSL5 add a paragraph to the beginning of the J&A as follows: ‘European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for sport and outdoor recreation to have a direct adverse effect on these sites and supporting habitats or an indirect effect through increasing recreational pressure. Therefore, any sport and outdoor recreation development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.)

Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.’ Transport Infrastructure TR7

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Amend TR7 as follows: ‘A development proposal for a new, or an extension of an existing public or private car park, including Park & Ride or Park & Share, will be permitted where it meets the General Policy and accords with other provisions in the LDP and where the applicant has demonstrated that all the following criteria are met…’

The text addition is incorporated in full through proposed modifications PM116. With the amended wording the policy cannot undermine the conservation objectives of any international site. The specific reference in the policy to ‘other provisions in the LDP’ will avoid internal conflict within the plan and Policy NAT1 can then be relied upon to ensure that the policy will have no adverse effect on the integrity of any international site.

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Conclusion

4.1

All of the proposed modifications listed in the Schedule of Proposed Modifications were reviewed in the context of the provisions of Regulation 43 of the Habitats Regulations. Thirty-one proposed modifications were found to be relevant to the draft HRA of the draft Plan Strategy.

4.2

The relevant sections or policies were screened under the Habitats Regulations. All the proposed modifications were found to have either a positive or a neutral effect and the sections and policies to which they apply have been screened out of further assessment. None of the proposed modifications would result in any likely significant effects on site selection features as a result of their implementation within the draft Plan Strategy.

4.3

The recommendations of the draft HRA are all incorporated through proposed modifications. Those modifications have been reviewed in detail. They increase awareness of potential effects on international sites, avoid any potential policy conflict and strengthen the protection of international sites within the Draft Plan Strategy.

4.4

Assuming that the recommended mitigation measures, implemented through proposed modifications, are all accepted, and the plan amended accordingly, they will change the screening categories as recorded in Appendix 2. All plan sections or policies subject to proposed modifications are now assigned to a screening category which allows them to be screened out as unlikely to have a significant effect either alone or in-combination. As such, no in-combination assessment is required and there is no requirement to progress to an appropriate assessment.

4.5

On acceptance of the mitigation, implemented through proposed modifications, it will then be possible to ascertain that the draft Plan Strategy will have no adverse effect on the integrity of any international sites. Following public consultation and independent examination of the draft Plan Strategy the HRA will be finalised and adopted by the Council and published alongside the adopted Plan Strategy.

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Appendix 1 Summary of Proposed Modifications Relevant to draft HRA Thie following table records those proposed modifications that are relevant to the draft HRA. For some of the sections and policies listed there are further proposed modifications which, in accordance with Section 3.2, were not considered to be relevant.

PM PM-001

Policy or Section Section 1 para 1.7.8

Summary of Issue/Justification Add text to clarify the application of Policy NAT1.

PM-002

Section 2.1 para 2.1.11

Add reference to the ‘Living With Water Programme’ (LWWP).

PM-012

SGS8 J&A New para after 5.6.11

PM-021

CS3 J&A para 5.9.20

PM-028

CS3

PM-038

GP1 (d)

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Given the consideration above, amend the wording to better clarify the intention of the policy and clarify what could be considered obtrusive development.

Amend the policy wording under category ‘Structures above 25m in Height’ so that the policy wording is consistent across all height categories and to ensure that structures above 25m in height are subject to the same policy tests as ‘structures above 15m and up to 25m in height’. Criteria d - f would apply for all structures over 15m in height.

Remove ii as reference to criteria f) now covers this point.

Amend policy to ensure sufficient regard is had to the issue of contamination.

PM-040

GP1 J&A para 6.1.10

Amend Justification and Amplification to consider contaminated Land as a risk to safety and the safe guarding of human health and well-being.

PM-060

TOU2

PM-061

TOU2 J&A New para after 7.3.11

PM-062

TOU3

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended). Add additional wording ‘Policy NAT1 and’ to second paragraph.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-

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Effect and Comment Neutral: This clarifies that, while Policy NAT1, European and Ramsar Sites – International is specified in some policies this does not imply that it does not apply to other policies.

Positive: Highlights constraints in wastewater treatment, particularly with regard to discharges to Belfast Lough, and that this may lead to development being refused.

Positive: draft HRA Mitigation

Positive: Defines the policy addition 'obtrusive development'. Also defines distinctive landscapes as including natural assets.

Neutral: Clarification and terminology. Protection of environmental assets is slightly less explicit however constraints on development, in addition to other policies are such that CS3 cannot undermine conservation objectives of any international site.

Positive: Highlights the requirement to investigate and remediate contamination. This is consistent with the draft HRA which identified that the risk of release of contaminants needs to be assessed and, where necessary, remediation carried out.

Positive: Highlights the requirement to investigate and remediate contamination. This is consistent with the draft HRA which identified that the risk of release of contaminants needs to be assessed and, where necessary, remediation carried out.

Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

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Draft Habitats Regulations Assessment of the Draft Plan Strategy Addendum Report 1 PM

Policy or Section

PM-063

TOU3 J&A New para after 7.3.14

PM-071

MIN Intro para 7.4.7

PM-072

MIN1

PM-073

MIN1

PM-079

MIN1

PM-080

MIN1 J&A para 7.4.14

PM-081

MIN1 J&A New para after 7.4.17

PM-082

MIN2

PM-084

MIN2

Amend text to clarify which parts of Policy MIN1 that proposals under Policy MIN2 have to comply.

PM-086

MIN2

Amend text to clarify there is not a presumption in favour in European Designations.

PM-087

MIN3

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

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Summary of Issue/Justification 20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended). Add additional wording ‘including Policy NAT1’ to third paragraph.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Add additional text to clarify that existing Areas of Constraint on Mineral Development (ACMD) will be reviewed when additional ACMDs and/or Mineral Reserve Areas (MRA) are being considered at Plan Review stage.

Amend text to clarify that a presumption against in SCAs does not imply there is a presumption in favour within designated European sites.

Amend text to offer more certainty and a presumption in favour.

Add text changes recommended in Draft Habitats Regulations Assessment Report of the Draft Plan Strategy, Sept 2019 pages 16-20.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Add additional text to justify reason for presumption against extraction and processing of hard rock and aggregates in Special Countryside Areas, similar to Justification and Amplification 7.4.19 of MIN2.

Clarify the first two sentences of the policy box. Also the 'cautious approach' in all other areas could be construed as too restrictive in terms of the SPPS.

Local Development Plan 2030

Effect and Comment

Positive: draft HRA Mitigation

Neutral: Clarification and adds that ACMDs may be reviewed at Plan Review stage. Current ACMDs include part of Garron Plateau SAC and Ramsar site and part of Antrim Hills SPA and removal of the designation could imply lesser protection. However any review would be subject to HRA. Positive: Clarification that there is no presumption in favour of development within designated European sites.

Neutral: This indicates a presumption in favour however it remains the case that it is subject to caveats to which compliance with NAT1 has been added through PM079 Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

Neutral: Explanatory text

Neutral: Clarification. While the amendment removes the explicit reference to 'areas designated for…importance for nature conservation', the new reference to MIN1 has a similar effect.

Positive: The new reference to MIN1 highlights that development cannot have an unacceptable adverse effect on the natural environment which can be taken to include international designated sites.

Positive: While this was not identified as required mitigation in the draft HRA it reinforces the need to comply with NAT1.

Positive: draft HRA Mitigation

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Draft Habitats Regulations Assessment of the Draft Plan Strategy Addendum Report 1 PM PM-089

Policy or Section MIN4 J&A para 7.4.28

PM-100

HOU1 J&A para 8.1.15

PM-108

OSL5

PM-109

OSL5

PM-110

OSL5

PM-111

OSL5

PM-112

OSL5

PM-113

OSL5

PM-116

TR7

PM-125

RE1 2nd para sentence

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1st

Summary of Issue/Justification Remove reference to a ‘cautious approach’ in line with Policy MIN2 proposed amendment and amend text to clarify that proposals permitted under the exceptions in Policy MIN4 also have to comply with a-f of Policy MIN1 and Policy MIN8.

Amend first sentence and add additional sentence to clarify the relationship between policy HOU1 and SGS5.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Amend paragraphs 1 and 2 Sport and Outdoor Recreation in Settlements and Sport and Outdoor Recreation in the Countryside by adding reference to Policy NAT1 in two places.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Amend paragraphs 3, 4 and 5 Intensive Sports Facilities; Noise Generating Sports and Outdoor Recreational Activities; Development of Facilities ancillary to Water Sports by adding reference to Policy NAT1 in three places.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Amend paragraph 6 Floodlighting of Sports and Outdoor Recreational Facilities by adding reference to Policy NAT1.

Criteria in OSL5 section on Development of Facilities Ancillary to Water Sports should apply in coastal locations. However, Council consider this section refers to inland water sports which can have specific issues.

Amend title to include ‘Inland’.

Amend policy to include the wording 'and accord with other provisions of the LDP'.

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 1620, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.)

Regulations (NI) 1995 (as amended).

Amend wording in the policy box to align with the text changes recommended in the Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, in order to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.).

Amend policy wording to ensure consistency with Justification and Amplification text and also SPPS wording in relation to the ‘cautious approach’

Local Development Plan 2030

Effect and Comment Neutral: Provides consistency and clarifies how the protective measures of MIN1 apply to MIN4.

Positive: Reiterates that infrastucture is a consideration for the provision of housing.

Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

Neutral: While the addition of 'Inland' confines that part of the policy the policy as a whole applies to the coast and PM-113 makes clear that the policy applies to coastal European Designated Sites.

Neutral: Supports the draft HRA mitigation which recommended specific reference to NAT1.

Positive: draft HRA Mitigation

Positive: draft HRA Mitigation

Positive: Recognises that effects may occur beyond areas of environmental quality.

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Appendix 2 Revised Screening of Policies Screened Out in draft HRA The following categories are used to assess whether an overall plan and its individual proposals require HRA as described in Appendix 2 of the draft HRA. A. B. C. D. E. F. G. H.

I. J. K. L. M.

General statement of policy/general aspiration (screened out).

Policy listing general criteria for testing the acceptability/sustainability of proposals (screened out).

Proposal referred to but not proposed by the plan (screened out).

General plan-wide environmental protection/site safeguarding/threshold policies (screened out).

Policies or proposals which steer change in such a way as to protect international sites from adverse effects (screened out).

Policy that cannot lead to development or other change (screened out).

Policy or proposal that could not have any conceivable effect on a site (screened out).

Policy or proposal the (actual or theoretical) effects of which cannot undermine the conservation objectives (either alone or in combination with other aspects of this or other plans or projects) (screened out).

Policy or proposal which may have a likely significant effect on a site alone (screened in) Policy or proposal with an effect on a site but unlikely to be significant alone, so need to check for likely significant effects in combination Policy or proposal unlikely to have a significant effect either alone or in combination (screened out after the in combination test).

Policy or proposal which might be likely to have a significant effect in combination (screened in after the in combination test).

Bespoke area, site or case-specific policies or proposals intended to avoid or reduce harmful effects on an international site (screened in)

In some cases more than one category may apply. Where it is the case that part of a policy is in one category e.g. B. policy listing general criteria, whereas another part is in another category e.g. H. cannot undermine the conservation objectives then both categories are listed e.g. B/H. The policies in the following table were all found to be in category I, policy or proposal which may have a likely significant effect on a site alone, in the draft HRA and as such were screened in. The revised category, following modifications, is presented.

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Plan Proposal/Policy SGS8 Tourism Strategy

Screening A Out

Comment General statement of policy for tourism. Possible driver of potential effects but implications were assessed under related policies. While it identifies tourism opportunity zones that are adjacent to Larne Lough SPA/Ramsar site and East Coast (NI) Marine pSPA, the addition of explanatory text and amendments to TOU2 and TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted.

TOU2 Tourism Development in Settlements and Tourism Opportunity Zones

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. All proposals will also be required to meet the General Policy and accord with other provisions of the LDP. The addition of explanatory text to the J&A and amendment to TOU2 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU2 therefore cannot undermine the conservation objectives of any international sites.

TOU3 All Tourism Development in the Countryside

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. All proposals will also be required to meet the General Policy and accord with other provisions of the LDP. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU3 therefore cannot undermine the conservation objectives of any international sites.

TOU4 Tourist Amenities in the Countryside

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. Through reference to TOU3 this policy must also meet the General Policy and accord with other provisions of the LDP. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites directly or through indirect effects such as disturbance from recreation. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU4 therefore cannot undermine the conservation objectives of any international sites.

TOU5 Hotels, Guest Houses and Tourist Hostels in the Countryside

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. Through reference to TOU3 this policy must also meet the General Policy and accord with other provisions of the LDP. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites directly or through indirect effects such as disturbance from recreation. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU5 therefore cannot undermine the conservation objectives of any international sites.

TOU6 Self Catering Accommodation in the Countryside

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. Through reference to TOU3 this policy must also meet the General Policy and accord with other provisions of the LDP. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites directly or through indirect effects such as disturbance from recreation. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU6 therefore cannot undermine the conservation objectives of any international sites.

TOU7 New and Extended Holiday Parks in the Countryside

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. Through reference to TOU3 this policy must also meet the General Policy and accord with other provisions of the LDP. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites directly or through indirect effects such as disturbance from recreation. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU7 therefore cannot undermine the conservation objectives of any international sites.

TOU8 Major Tourism Development in the Countryside – Exceptional Circumstances

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. Through reference to TOU3 this policy must also meet the General Policy and accord with other provisions of the LDP. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites directly or through indirect effects such as disturbance from recreation. The addition of explanatory text to the J&A and amendment to TOU3 ensures that the potential for impacts on European sites and the requirement to comply with NAT1 is highlighted. Policy TOU8 therefore cannot undermine the conservation objectives of any international sites.

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Plan Proposal/Policy MIN1 Mineral Development – Extraction and Processing of Hard Rock and Aggregates

Screening B/H Out

Comment This is a policy listing the general criteria for testing the acceptability of proposals. It requires that Council must be satisfied that the proposal will not have an unacceptable adverse impact upon any of the following interests: ‘a) The natural environment, including the conservation of flora and fauna, natural habitats, biodiversity and earth science features; b) The water environment, including water quality and natural flow regimes.’ The policy addition highlights that NAT1 applies and the revised J&A clarifies that all development that may impact on a European site must demonstrate compliance with the Habitats Regulations.

MIN2 Valuable Minerals

B/H

Out

This policy, which is subject to MIN1, states general criteria for testing the acceptability of proposals. The specific reference to NAT 1 in MIN1 and revised J&A clarify that all development that may impact on a European site must demonstrate compliance with the Habitats Regulations.

MIN3 Hydrocarbons

B/H

Out

This policy, which is now subject to MIN1, states general criteria for testing the acceptability of proposals. The revised wording clarifies that this policy applies to any form of extraction of hydrocarbons. The specific reference to NAT 1 in MIN1 and revised J&A clarify that all development that may impact on a European site must demonstrate compliance with the Habitats Regulations.

MIN4 Areas of Constraint on Mineral Development

B/H

Out

This policy, which is subject to MIN1, states general criteria for exceptions within ACMDs. Current ACMDs include part of Garron Plateau SAC and Ramsar site and part of Antrim Hills SPA. The specific reference to NAT 1 in MIN1 and revised J&A clarify that all development that may impact on a European site must demonstrate compliance with the Habitats Regulations.

OSL5 Sport and Outdoor Recreation Facilities

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. This applies to all sport and outdoor recreation development, is not spatially specific and could theoretically be relevant to schemes which might impact upon international sites. All proposals must meet the General Policy and accord with other provisions of the LDP, and also meet the policies included relating to noise, floodlighting and water sports. The addition of specific reference to NAT1 in the policy, together with additional text in the J&A to highlight potential impacts on European sites, ensures that policy OSL5 cannot undermine the conservation objectives of any international sites.

TR7 Provision of Car Parks

B/H

Out

This is a policy listing the general criteria for testing the acceptability of proposals. It is not spatially specific but could theoretically be relevant to schemes which might impact upon international sites for example through greenfield development adjacent to an international site. The modification highlights that proposals will also be required to meet the General Policy and accord with other provisions of the LDP. In light of the constraints on development allowed under this policy, and in view of other policies including NAT1, policy TR7 cannot undermine the conservation objectives of any international sites.

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Mid and East Antrim Borough Council Planning Office Silverwood Business Park 190 Raceview Road Ballymena BT42 4HZ