Local Requirements - Habitats Regulations Assessment and impact on South Pennine Moors

Types of application or development that require this information

The Habitats Regulations apply to any proposed plan or project (including planning applications) which is considered to have a likely significant effect on a National Site Network site protected under the Conservation of Habitats and Species Regulations (Amendment) (EU Exit) 2019. (either individually or in combination with other plans or projects).

The South Pennine Moors Special Area of Conservation (SAC) and South Pennine Moors Phase II Special Protection Area (SPA), which partly lie within the Bradford District are protected under this designation. The South Pennine Moors is also designated as a Site of Special Scientific Interest (SSSI) under the Wildlife and Countryside Act.

Guidance on identifying potential effects on the SPA and SAC can be found in: CBMDC’s South Pennine Moors SPA/SAC Planning Framework SPD; with reference to the SSSI Impact Risk Zone (IRZ) information from MAGIC maps; and in the Habitats regulations assessments: protecting a European site document.

If potential pathways of adverse effects are identified on a National Site Network site, then a Habitats Regulations Assessment Stage 1: Screening, will be required and applicants should provide appropriate survey and assessment information to allow the Local Planning Authority to make a decision about the potential for Likely Significant Effects to occur.

If Likely Significant Effects are identified as a result of the proposed development a Habitats Regulations Assessment Stage 2: Appropriate Assessment will be required. For further information see Habitat Regulations Assessment - additional information.

For some applications the Habitats Regulations Assessments requirements can be fully dealt with under the provisions of Core Strategy Policy SC8 and the South Pennine Moors Planning Framework SPD. For example, for developments where the only impact pathway relates to additional recreational pressure. Applications need to be assessed for potential impacts on the South Pennine Moors SPA/SAC with reference to the zonal approach described in Policy SC8. Specific information relating to direct and indirect effects on the SPA/SAC and supporting habitat will be required dependent on the nature of the application and which zone it is located in. The Bradford Biodiversity Assets Map can be used to identify if an application site is located within a particular zone. Further details on the information requirements for each zone are provided below.

The policy does not provide a strategic approach for all potential impact pathways such as urban edge effects, effects due to changes in air quality and effects on water quality as these will be more specific to each site. If your application is for non-residential developments or you wish to pursue alternative mitigation to that provided by the policy, a stand- alone Habitats Regulation Assessment must be undertaken.

Information which enables the Local Planning Authority to assess whether a plan or project either alone or in combination with other plans or projects will result in likely significant effects on a National Site Network site.

This includes detail about the plan/project itself plus any impact pathways which may affect the conservation objectives of the National Site Network site (for example air quality, water quality, impacts on protected habitat and species, disturbance, erosion etc.).

Appropriate levels of survey information will be required, allowing the significance of the habitats and/ or species assemblages to be assessed and to fully assess the likely direct and indirect effects of changes to, or loss of habitat, at the proposed development site.

Applications should refer to Bradford's Core Strategy Habitat Regulations Assessments and South Pennine Moors SPA/SAC Planning Framework SPD and make use of strategic mitigation unless appropriate alternatives are proposed. All assessments should be proportionate to the scale and potential impacts of proposals.

Zone of Influence: Zone A - 0-400m from SPA/SAC boundary)

Types of application or development that require this information

No residential development that results in a net increase in dwellings will be permitted in this zone unless exceptional circumstances can be evidenced (see Section 3.5 of the South Pennine Moors SPD (PDF)). This applies to:

• All applications for developments (including changes of use) resulting in additional dwellings within 400m
  • Excluding proposals for replacement dwellings
• Applications for new holiday accommodation and changes of use of buildings to holiday accommodation

What information is required?

For exceptional circumstances and non-residential development, applications in this zone will be required to include an assessment against the Habitat Regulations, most likely at Stage 2, Appropriate Assessment. It is likely that adverse effects on the SPA/SAC at this distance would require project-specific mitigation. Therefore, a Habitat Regulations Assessment Stage 2 Appropriate Assessment would be necessary to provide sufficient information to confirm no Likely Significant Effects.

Any application for non-residential development should also demonstrate that the development will not have any adverse effects on any supporting, functionally linked, habitat to the SPA/SAC (see the Zone B requirements).

Zone C requirements also apply (residential developments only).

Zone of Influence: Zone B - (0- 2.5km from SPA/SAC boundary)

Types of application or development that require this information:

• All planning applications for new residential and non-residential buildings outside or extending outside existing settlements/urban areas affecting suitable habitat;
• Engineering and infrastructure operations (including roads, rail, tracks, pipelines and overhead lines) affecting suitable habitat;
• Energy operations (including wind and solar) affecting suitable habitat;
• Minerals and gas (including quarries which may provide alternative foraging habitat, gas or oil storage or exploration, Review of Minerals Planning);
• Changes of use of suitable habitat (for example to arable or forestry); and
• Other developments affecting suitable habitat.

Excluding proposals for:

• Development on a site which is entirely brownfield;
• Development within the immediate curtilage of an existing farm building or house;
• Development within a settlement boundary or within 25m of a settlement boundary;
• Development within 25m of a main road;
• Development within woodland; and
• Development within arable land.

Further details are set out in the South Pennine Moors SPD (PDF).

What information is required?

Applications in Zone B must be accompanied by a habitat survey presented in a Preliminary Ecological Appraisal (PEA) or Ecological Impact Assessment (EcIA) identifying the value of the site as supporting habitat to the SPA/SAC in terms of providing foraging habitat for the qualifying bird species (including assemblage species).

If potential supporting habitat is identified, an EcIA should include either as a stand-alone document or within the body of the report sufficient ecological information to permit an assessment against the Habitat Regulations at Stage 1 (Screening) or Stage 2 (Appropriate Assessment). As a minimum this would be expected to include: a description of the nature of proposals and their zone of influence; survey information and assessment of the extent of use of on-site and neighbouring habitats by SPA bird species.

Reports should demonstrate that development will not cause a significant loss of habitat or have any other adverse effects on supporting habitat to the SPA/SAC. The appraisal will usually need to include detailed and robust survey information, including nocturnal foraging surveys for qualifying species (for example golden plover) showing the extent to which birds which breed on the SPA are using or not using the proposed site either for foraging or on passage.

Documents should present avoidance and mitigation proposals such as compensatory foraging habitat. If mitigation is required, then a Habitat Regulations Stage 2 Appropriate Assessment would be required.

It is recommended that the survey follows the West Yorkshire SPA Bird Survey Methodology (PDF) which provides a standardised method for surveying sites in West Yorkshire with potential functional linkage to Special Protection Areas.

Zone C requirements also apply (residential developments only).

Zone of Influence: Zone C (0-7km from SPA/SAC boundary)

Types of application or development that require this information

• Planning Applications for all net additional dwellings
• Other residential accommodation including retirement dwellings intended for permanent residence, accommodation for people in need of care (use class C2), Residential school, college or training centre (use class C2), university managed accommodation and houses in multiple occupation
• Gypsies and traveller pitches
• Hotels, boarding or guest house (use class C1)
• Self-contained holiday accommodation, caravan and touring holiday
  accommodation

What information is required?

Applications should comply with the requirements of Policy SC8 and provide mitigation for any recreational impacts on the South Pennine Moors SPA/SAC.

The South Pennine Moors SPA/SAC Planning Framework SPD (PDF) sets out a recommended tariff to fund appropriate measures to ensure the avoidance or adequate mitigation of adverse impacts on internationally protected species and habitats that arise from development within the Bradford District.

The Council’s preferred option for mitigation of recreational impacts on the SPA/SAC is a financial contribution to Bradford’s Strategic Mitigation as this provides a simplified approach to assessing residential projects in Zone C against the Habitat Regulations.

Developers may wish to provide Suitable Alternative Natural Greenspace (SANGS) within or close to a development to absorb recreational pressure. In order for the Council to assess the suitability of proposed SANGS to absorb recreational pressure, detailed information will be required in order to permit a full Appropriate Assessment against the Habitat Regulations.

Further guidance on Habitats Regulations Assessment can be found below.

Mitigation contribution payments may be made:

• Upfront, where the number of proposed dwellings is known, via an online Habitat Mitigation Contribution Agreement & Payment Form under S.111 Local Government Act 1972. Further details can be found at Habitat Mitigation Contribution Payments.
• By entering into a Unilateral Undertaking to secure the future payment of the tariff. A draft template Unilateral Undertaking is available from the Council. The completed unilateral undertaking together with a site location plan and title documents must be submitted with the application. Further details can be found at Completing a Unilateral Undertaking
• For proposals for 10 or more new dwellings the most appropriate route for securing contributions will be via a Section 106 Agreement. The contribution should be included in the S106 heads of terms of document which is required to be submitted with the application. Further information about the requirements can be found at Planning Obligations - Head of Terms and S106 Agreements pages.

Further information

• South Pennine Moors SPA/SAC Planning Framework SPD (PDF)
• Bradford Biodiversity Assets Map
• Habitats regulations assessments: protecting a European site
• Natural England's Impact Risk Zones for Sites of Special Scientific Interest
• West Yorkshire SPA Bird Survey Methodology (PDF)
• Completing a Unilateral Undertaking
• Habitat Mitigation Contribution Payments

Policy driver

• Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019) ('the Habitats Regulations').
• Core Strategy – Policy SC8: Protecting the South Pennine Moors SPA and the South Pennine Moors SAC and their zone of influence