Keele neighbourhood plan proposal documents

Habitats regulations assessment (screening) for the Keele neighbourhood plan screening document 2023

Introduction

This report will determine whether the Keele neighbourhood plan screening document 2023 requires a habitats regulations assessment (HRA) in accordance with Article 6(3) and (4) of the EU Habitats Directive and with Regulation 63 of the Conservation of Habitats and Species Regulations 2017. The objective of the Habitats Directive is to protect biodiversity through the conservation of natural habitats and species of wild fauna and flora. The directive lays down rules for the protection, management and exploitation of such habitats and species. An HRA is required when it is deemed that likely adverse significant effects may occur on protected European sites (Natura 2000 sites) as a result of the implementation of a plan/project. Good practice suggests that sites with pathways of 10 to 15km of the plan/project boundary should be included with a HRA. See Table 2 and Appendix 1 for the list of sites screened as part of this assessment.

The purpose of the Keele neighbourhood plan is to guide development across the parish. It will contain land-use policies with the purpose of guiding the sustainable development of the neighbourhood plan area and achieve the overall vision of the plan, which is to protect and enhance the character, features and rural setting of the parish of Keele, to ensure a sustainable and pleasant place to live that meets the needs of local people. A map of the neighbourhood plan area is in neighbourhood plan screening document. This HRA screening report has been undertaken on the Keele neighbourhood plan screening document which was provided by the qualifying body for the purposes of this report.

The legislative background set out in section 4 (legislative background) outlines the regulations that require the need for this screening exercise. Section 4, provides a screening assessment of both the likely significant effects of the implementation of the neighbourhood plan and the need for a habitats regulation assessment.

A summary of findings and conclusions for the screening process can be found in section 7 (conclusion).

Information about Keele neighbourhood plan

The Keele neighbourhood plan has been produced to guide development within the parish of Keele. It contains land-use type policies with the purpose of guiding the sustainable development of the neighbourhood area and achieve the overall vision of the plan.

The draft neighbourhood plan policies apply to all new development, comprising development on greenfield or brownfield sites, redevelopment of existing developed sites, and conversions of existing buildings. They are organised accordingly to the policy themes of housing, local employment and community facilities, design and heritage, countryside and environment, transport and infrastructure and Keele University campus.

The neighbourhood plan does not include a formal vision at this stage, but states purposes of each policy theme within its document.

If the Keele neighbourhood plan is successful at examination, and approved by the local community through a referendum it attains the same legal status as a local plan, and at this point comes into force as part of the statutory development plan. It will then be used in determining planning applications within the neighbourhood plan area. Prior to referendum it may carry some weight in planning decisions as a material consideration as an emerging plan. Paragraph 48 of the National Planning Policy Framework sets out the weight that may be given to relevant policies in emerging plans in decision taking. The referendum ensures that the community have the final say in the neighbourhood plan coming into force as part of the development plan.

Habitats regulations assessment screening

This habitats regulations assessment (HRA) screening report has been undertaken by Newcastle-under-Lyme Borough Council in respect of the Keele neighbourhood plan screening document 2023.

The aim of this HRA screening report is to assess whether the Keele neighbourhood plan screening document will result in any likely significant effects on any European sites within relative proximity of the neighbourhood plan area.

Legislative background

The Natura 2000 network (European sites) consists of sites across Europe designated for their nature conservation importance. These consist of:

special areas of conservation (SACs) and potential SACs (pSACs) - these are designated under the Habitats Directive to protect those habitat types and species that are considered to be most in need of conservation at a European level (excluding birds)

special protection areas (SPAs) and potential SPAs (pSPAs) - these are designated under the Birds Directive to protect rare and vulnerable birds, and also regularly occurring migratory species

Ramsar sites - these are wetlands of international importance designated under the Ramsar Convention

The Conservation of Habitats and Species Regulations 2017 (the “Habitats Regulations 2017”) consolidate and update all the various amendments made to the Conservation of Habitats and Species Regulations 2010 (the “Habitats Regulations 2010”). They also introduce a small number of minor amendments designed to take account of changes to other related legislation, such as amendments to Town and Country Planning legislation. The Conservation of Habitats and Species Regulations 2017 (the ‘Habitats Regulations 2017’), the UK’s transposition of the Habitats Directive and Regulation 105, provides:

(1) Where a land use plan –

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects) and

(b) is not directly connected with or necessary to the management of the site

the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.

This means that any proposed plan that may affect a European site (special area of conservation or special protection area), (also includes Ramsar sites) must first undergo an assessment to look at its potential impacts applying the precautionary principle. This is to determine if the plan will adversely affect the integrity of the European site(s) concerned.

This process is known as a habitats regulations assessment (HRA) and the first stage considers any likely significant effects (the screening stage). An ‘appropriate assessment’ is the second stage of the HRA process and a plan should undertake this where likely significant effects are identified at the screening stage and cannot be ruled out after applying straightforward mitigation measures. An appropriate assessment looks at the implications of a plan for a European site in view of the site’s conservation objectives. Furthermore, detailed mitigation measures may be introduced at the appropriate assessment stage to avoid or reduce the effects of a plan on the European site(s). Before a plan may be given effect, the plan-making authority as the competent authority must ascertain that it would not adversely affect the integrity of the European site(s).

In terms of neighbourhood plans, the Neighbourhood Planning (General) Regulations 2012 require a submitted neighbourhood plan to include a statement explaining how the proposed neighbourhood plan meets the basic conditions set out in paragraph 8 of Schedule 4B of the Town and Country Planning Act 1990. One of these basic conditions is that the neighbourhood plan must be compatible with EU obligations and it is therefore necessary to demonstrate that it is not likely to have a significant effect on a European site. The screening document is being prepared at the Regulation 14 stage of the neighbourhood planning regulations 2012 (as updated).

Stages of habitats regulations assessment

Stage 1- Screening

This stage identifies the likely impacts upon a European site of a project or plan, either alone or in combination with other projects or plans and determines whether these impacts are likely to not be significant (inconsequential), significant or whether this is uncertain.

Stage 2 - Appropriate assessment

Where there are likely significant effects, or the effects are uncertain, the plan should be subject to appropriate assessment. This stage considers the impacts of the plan or project on the integrity of the relevant European sites, either alone or in conjunction with other projects or plans, with respect to the sites structures and function and their conservation objectives. Where there are adverse impacts, it also includes an assessment of the potential mitigation for those impacts.

Stage 3 - Assessment of alternative solutions

Where adverse impacts are predicted, this stage examines alternative ways of achieving the objectives of the order that avoids adverse impacts on the integrity of European sites.

Stage 4 - Assessment where no alternative solutions exist and where adverse impacts remain

This stage assesses compensatory measures where it is deemed that the project or plan should proceed for imperative reasons of overriding public interest.

European sites in and around the Keele neighbourhood plan area

The first step of the screening process is to consider the European sites that could be affected by a plan. In addition to those sites located within the plan area, best practice suggests that sites occurring within 10 to 15km of the area directly affected by a plan should be identified and assessed, although in some instances effects could be likely over a greater distance where pathways exist.

There are no European sites within the neighbourhood plan area and no likely pathways with sites over a greater distance, acknowledging that the neighbourhood plan covers a predominantly rural area and does not allocate specific sites for development.

The following sites are within 15 km of the neighbourhood plan area boundary:

Table 1: European sites within 15 km of the plan area

Site name	Distance from plan area	Type
Betley Mere (Midlands Meres and Mosses Phase 1)	4.9km SW	Ramsar
Black Firs and Cranberry Bog (Midlands Meres and Mosses Phase 2)	5.6 km SW	Ramsar
Wybunbury Moss (West Midlands Mosses)	9.9 km SW	Ramsar/special area of conservation (SAC)
Oakhanger Moss (Midlands Meres and Mosses Phase 2)	8.3 km S	Ramsar

Further details of each of these sites can be found in Appendix 1.

Screening assessment of the Keele neighbourhood plan screening document

The screening assessment has had regard to the conservation objectives of the various European sites located within 15km of the plan area. Natural England’s impact risk zones for SSSIs which underpin the European site designations have been used to consider whether development proposed in the neighbourhood plan is likely to affect a European site. It is acknowledged that impact risk zones do not alter or remove the requirements to consult Natural England on other natural environment impacts or other types of development proposal under the Town and Country Planning (Development Management Procedure) (England) Order 2015 and other statutory requirements. This assessment also makes reference to other plans and projects, including the borough council’s adopted development plan. Key questions relating to the neighbourhood plan are included below and along with the screening assessment, help to establish if an appropriate assessment is required.

Is the Keele neighbourhood plan directly connected with, or necessary to the management of a European site for nature conservation?

The Keele neighbourhood plan is not directly connected with, or necessary to the management of a European site, so screening for the need of a habitats regulations assessment is required.

Are there any European sites within the plan area?

There are no European sites within the neighbourhood plan area.

Are there any European sites within 15km of the plan area?

Yes, there are 4 European sites within 15km of the neighbourhood plan area including 4 designated as Ramsar sites. One of the Ramsar sites is also a designated special area of conservation (SAC). These sites are listed in Table 1 and Appendix 1.

Does the Keele neighbourhood plan propose new development or allocate sites for development?

No, the neighbourhood plan does not allocate specific sites for development, but it does support and focus development towards Keele.

Are there any other projects or plans that together with the Keele neighbourhood plan could impact on the integrity of a European site, the ‘in combination’ impact?

No.

Policy screening assessment

The following table reflects the findings of the screening assessment for each of the policies within the draft Keele neighbourhood plan document 2023.

Table 2: Policy assessment

Policy number	Description	Likely significant effect identified
KHG1	Residential mix	There are no site specific allocations for development in the neighbourhood plan. The policy focuses development on smaller accommodation (1-2 bedroom dwellings) to accommodate first-time buyers and the elderly population. Significant effects are unlikely.
KHG2	Affordable residential provision	The policy supports the provision of affordable housing in Keele with priority given to those with a local connection to Keele. Significant effects are unlikely.
KEF1	Employment	The policy is designed to support employment in existing locations, with any application outside of these locations being supported if they diversify small businesses and agricultural complexes. Significant effects are unlikely.
KEF2	Broadband	This policy ensures that all new development has the necessary infrastructure for high-speed broadband. Significant effects are unlikely.
KEF3	Community facilities	The policy seeks to protect existing community facilities whilst also allowing diversification to make them more viable. The policy also lists local facilities which are of particular community value. Significant effects are unlikely.
KHD1	Sustainable design	The policy encourages development to be well designed (and delivered to high standards), with sustainable urban drainage and complementary to the surrounding environment whilst considering the scale and nature of the development. Other considerations and encouragements are proposed from new development including the delivery of green infrastructure, connectivity (pedestrian), a clear separation between public and private space and creation of a safe environment through active frontages. Significant effects are unlikely.
KHD2	Local character	The policy seeks to preserve and enhance the locally distinctive features of Keele (such as St John’s church spire) alongside the surrounding area or setting, ensuring development takes opportunities to respond to topography, use local, recycled materials and form innovative design solutions. Significant effects are unlikely.
KHD3	Keele village conservation area	The policy aims to retain and reinstate historical housing features with the use of authentic materials to ensure they are in keeping with the character of properties in Keele Conservation Area. Significant effects are unlikely.
KHD4	Keele Hall conservation area and historic park and garden	This policy seeks to preserve the character and appearance of Keele Hall conservation area and historic park and garden by protecting heritage assets. Significant effects are unlikely.
KHD5	Infill development	This policy supports infill development that complements the existing townscape character and allows all dwellings to have adequate garden space and access for maintenance. It also seeks to protect light and amenity of neighbouring properties. Significant effects unlikely.
KCE1	Rural and natural environment	The policy seeks to preserve or enhance Keele’s natural environment rural landscape with any adverse impacts on these balanced through environmental gains in the development itself. Significant effects are unlikely.
KCE2	Woodlands and habitats	The policy lists a number of woodland areas that should be given particular regard in the application of policy KCE1. Significant effects are unlikely.
KCE3	Landscape setting	The policy aims to protect the open landscape setting of Keele village and the ‘green gap’ areas that surround settlements. Significant effects are unlikely.
KCE4	Local green space	The policy lists a collection of local green spaces and special policy areas in the neighbourhood plan area to be formally designated as such. Furthermore, the policy aims to avoid harm and adverse impacts to these spaces as a result of development. Significant effects are unlikely.
KTI1	Sustainable transport	This policy encourages development to be supported by sustainable transport provision and infrastructure (i.e. electric charging points, sufficient parking etc). In line with KHD1, this policy prioritises pedestrian convenience in a development. Significant effects are unlikely.
KTI2	Transport infrastructure	The policy seeks to address traffic safety and capacity with new development, with regards to installation of traffic lights on Pepper Street. Significant effects unlikely.
KTI3	Infrastructure priorities	This policy lists the infrastructure expenditure priorities Keele Parish Council has as guidance in the use of Section 106 and CIL contributions. Significant effects unlikely.
KUC1	Keele University campus	The policy promotes sustainable development of Keele University campus in accordance with the university masterplan, whilst recognising the importance of historic landscape and heritage, the preservation/enhancement of the built and natural environment and providing appropriate parking designations. Significant effects unlikely.

In-combination effects

Different plans and programmes can interact to produce impacts that are greater than any individual plan alone, so it is necessary to identify other plans which could lead to potentially significant ‘in-combination’ impacts. It is one of the ‘basic conditions’ that a neighbourhood plan has to be in ‘general conformity’ with the strategic policies of the development plan for the area.

The adopted development plan consists of:

the Newcastle-under-Lyme and Stoke-on-Trent core spatial strategy 2006-2026

the ‘saved policies’ of the Newcastle-under-Lyme local plan 2011

the minerals local plan for Staffordshire 2015-2030

The neighbourhood plan area shares a boundary with the following local planning authorities and parishes:

Newcastle-under-Lyme local authority area.

Madeley parish (neighbourhood plan made 2022)

Audley parish (neighbourhood plan in production)

Chapel and Hill Chorlton, Maer and Aston, and Whitmore (neighbourhood plan made 2019)

Silverdale Parish Council (neighbourhood plan in production)

The following adopted/made plans have been reviewed in terms of ‘in-combination’ effects:

The Newcastle-under-Lyme and Stoke-on-Trent core spatial strategy 2006-2026

The ‘saved policies’ of the Newcastle-under-Lyme local plan 2011

The minerals local plan for Staffordshire 2015-2030

Emerging plan: The Newcastle-under-Lyme borough local plan 2020-2040

Madeley neighbourhood development plan 2018-2037

Betley, Balterley and Wrinehill neighbourhood development plan

The Newcastle-under-Lyme and Stoke-on-Trent core spatial strategy 2006-2026

The core spatial strategy was adopted in 2009 and provides a broad framework for the development of Newcastle-under-Lyme and Stoke-on-Trent. The plan (which was subject to Habitats Regulations Assessment) seeks to focus development and investment to the city and town centres, prioritising the use of previously developed land. A number of strategic sub areas are identified, with Keele being identified as a Village. Keele University and Science Park is also identified as a focus for high value business growth.

Policy ASP6 – Rural area spatial strategy: Rural area spatial policy makes provision for positive approach to rural enterprise, appropriate design policies, and preserving and enhancing conservation areas. Furthermore, the policy seeks to deliver a maximum of 900 net additional dwellings on brownfield land within defined settlement boundaries of the key rural service centres. The policy seeks to invest in Keele University and Science Park to strengthen the local knowledge and skills bases and facilitate growth of high value business development thereby increasing local job opportunities in these sectors.

The CSS was subject to habitats regulations assessment and it was concluded that there would be no likely significant effects. It is unlikely that there will be any in-combination effects arising from the CSS and Keele neighbourhood plan.

The ‘saved policies’ of the Newcastle-under-Lyme local plan 2011

The Newcastle-under-Lyme local plan was adopted in 2003 and a number of its policies were ‘saved’ beyond 2007 by the Secretary of State for Communities and Local Government. They continue to form part of the development plan for the borough of Newcastle-under-Lyme.

The local plan sought to focus development to sustainable locations such as the defined village envelopes and to enable the appropriate re-use of rural buildings (as stated in Policy H1: Residential Development: Sustainable Location and Protection of the Countryside). It is unlikely that there will be any in-combination effects arising from Keele neighbourhood plan and Newcastle-under-Lyme local plan.

The minerals local plan for Staffordshire 2015-2030

The minerals local plan does not allocate sites for the development of new waste facilities within the Keele neighbourhood plan area however clay (shale) is extracted at Keele Quarry. Additionally, several permissions were granted for exploration and appraisal of coal bed methane (CBM), however, these have not been implemented but there is a valid permission for further exploration on at Keele University. It is unlikely that there will be any in-combination effects arising from the Keele neighbourhood plan and minerals local plan.

Emerging plan: The Newcastle-under-Lyme Borough local plan 2020-2040

Newcastle-under-Lyme Borough Council is currently in the process of producing a standalone local plan for Newcastle-under-Lyme. The borough council consulted on a first draft plan in summer 2023 and is now working towards a local plan. The local plan, once adopted, will replace the existing Newcastle-under-Lyme and Stoke-on-Trent core spatial strategy 2006-2026 and Newcastle-under-Lyme saved policies 2011. Given that the local plan is still in production, it is not possible to ascertain whether there will be any future in-combination effects. However, the emerging local plan will be subject to habitats regulations assessment in due course, and this will have to take into account any in-combination effects.

Madeley neighbourhood development plan 2018-2023

The Madeley neighbourhood development plan was produced by Madeley Parish Council, and was formally made in May 2022. The neighbourhood plan’s vision is to provide opportunities for residents to live rewarding and productive lives, enabling sustainable growth and development, whilst protecting the rural character and heritage of the parish. Various policies are presented to protect open/green spaces, accommodate a mix of development, promote sustainable design, protect community facilities (i.e. recreation, sports etc), protect/enhance the natural and historic environment and deliver balanced transport provision and connectivity. The neighbourhood plan does not allocate specific sites for development but does focus and support development within the defined settlement boundaries of Madeley and Madeley Heath. There are no European designated sites within the Madeley parish. Given the neighbourhood plan does not allocate specific sites for development, directs development within existing settlement boundaries, and seeks to protect/enhance the natural environment, it is unlikely that there will be any in-combination effects arising from the Keele neighbourhood plan and Madeley neighbourhood plan.

Chapel and Hill Chorlton, Maer and Aston, and Whitmore neighbourhood development plan 2018-2023

The Chapel and Hill Chorlton, Maer and Aston, and Whitmore neighbourhood development plan was produced by 3 Parish Councils and was formally made in October 2019. The overarching aim of the plan is to protect the rural character of the area while allowing for appropriate development. The neighbourhood plan does not allocate specific sites but does support development within the defined settlement boundary of Baldwin’s Gate, provided the development is supported by adequate infrastructure and does not involve the loss of best and most versatile agricultural land or sensitive landscape habitats. There are no European designated sites within the Madeley Parish. Given the neighbourhood plan does not allocate specific sites for development, directs development within existing settlement boundaries, and seeks to protect/enhance the natural environment, it is unlikely that there will be any in-combination effects arising from the Keele neighbourhood plan and Chapel and Hill Chorlton, Maer and Aston, and Whitmore neighbourhood plan.

Betley, Balterley and Wrinehill neighbourhood development plan 2022-2037

The Betley, Balterley and Wrinehill neighbourhood development plan was produced by Betley, Balterley and Wrinehill Parish Council, and was formally made in January 2022. The neighbourhood plan’s vision is to maintain and improve the quality of life for the residents whilst protecting and enhancing the special rural character and heritage of the parish. Various policies are presented to promote sustainable development, accommodate new and existing development (housing and E use class development), and to protect and enhance the natural and historic/heritage environment. The neighbourhood plan does not allocate specific sites for development, but does focus and support development within the defined settlement boundary of Betley. It is important to note that the neighbourhood area hosts 2 Ramsar sites which are as follows:

Midland Meres and Mosses phase 1/Betley Mere

Midland Meres and Mosses phase 2/Black Firs and Cranberry Bog

The protection of these environmental designations falls under policy BBW6: Recognising the intrinsic character of the countryside and protecting and enhancing valued landscapes. Their designations are referenced as justification for the creation of this policy. Given the neighbourhood plan does not allocated specific sites for development, directs development within the existing settlement boundary, and seeks to protect/enhance the natural environment, it is unlikely that there will be any in-combination effects arising from the Keele neighbourhood plan and Betley, Balterley and Wrinehill neighbourhood development plan.

Conclusion

As a result of the assessment above, it is considered unlikely that any likely significant effects on European sites would occur from the implementation of the Keele neighbourhood plan. This is because the neighbourhood plan does not allocate specific sites for development and there are no logical or obvious pathways between the neighbourhood area and the European or Ramsar sites identified. If the plan changes, following the Regulation 14 pre-submission consultation, it may be necessary to re-screen the plan. However at this stage, the Keele neighbourhood plan screening document does not require a further HRA appropriate assessment to be undertaken.