report identifying the effects on european and/or ramsar · pdf fileconjunction with the...

Norton Bridge Area Improvements

Planning Inspectorate Reference Number: TR040004

Decem

ber 2012

INFRASTRUCTURE PLANNING

THE PLANNING ACT 2008

THE INFRASTRUCTURE PLANNING (APPLICATIONS: PRESCRIBED FORMS AND PROCEDURE)

REGULATIONS 2009

THE NETWORK RAIL (NORTON BRIDGE AREA IMPROVEMENTS) ORDER

Report Identifying the Effects on European and/or Ramsar Sites

Document Reference: 4.6

APFP Regulation: 5(2)(g)

Author: Temple

Date: 13th December 2012

Revision history: A01 – 18.04.12 A02 – 08.06.12 A03 – 13.12.12

EIA Scoping Report Status: Draft v2

Report For Network Rail

The Network Rail (Norton Bridge Area Improvements) Order Report as to Effects on European Sites

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, Regulation 5(2)(g) Status: Final

The Network Rail (Norton Bridge Area Improvements) Order Environmental Statement – Volume 3, Report 5 Habitat Regulations Assessment Screening Report Status: Final

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The Network Rail (Norton Bridge Area Improvements) Order

Report as to Effects on European Sites

Document Version Control

Version Date Author Reviewer Approver

A01 18/04/12 Sacha Rogers Rob Slatcher Peter George

A02 8/6/12 Sacha Rogers Rob Slatcher Peter George

Report for: Main Contributors

Network Rail Michelle Wishart 1st Floor Mannin House Macon Way Crewe CW1 6RT

This report has been prepared by Temple Group Ltd with all reasonable care and diligence within the terms of the contract with the client. We disclaim any responsibility to the client and others in respect of any matters outside the scope of the above. We accept no responsibility to third parties to whom this report, or any part, thereof is made available. Any such party relies upon the report at their own risk.

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The Network Rail (Norton Bridge Area Improvements) Order Environmental Statement – Volume 3, Report 5 Habitat Regulations Assessment Screening Report

Status: Final

CONTENTS

1. INTRODUCTION .........................................................................................................7

1.1. Introduction .....................................................................................................7

1.2. The Scheme ....................................................................................................7

2. NO EFFECTS ON EUROPEAN AND/OR RAMSAR SITES........................................9

APPENDICES

APPENDIX 1 List of Documents Referred To .....................................................................11 APPENDIX2 Glossary ........................................................................................................15 APPENDIX3 Consultation Response from Natural England ...............................................19 APPENDIX 4 No Significant Effects Report ....................................................................... 23 APPENDIX5 Completed Template for Screening Matrices, Planning Inspectorate Advice Note 10 ‘Habitat Regulations Assessment for Nationally Significant Infrastructure Projects ……………………………………………………………………………………………….27

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Status: Final [this page left intentionally blank]

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Summary

This report identifies the Effects of the Scheme of European/Ramsar sites upon which the Scheme is likely to have a ‘significant effect’

A search for European/Ramsar sites within 10km of the Scheme has identified one site, namely the Midlands Meres & Mosses Ramsar site (Phase 2) within the search zone

This site is designated for its internationally important wetland

habitats and comprises a number of component Sites of Special Scientific Interest (SSSI), the nearest the Scheme being Cop Mere SSSI located approximately 5.3km to the west

The Scheme has potential to for a significantly effect on Cop Mere

SSSI by virtue of the draw down of ground water associated with excavation of the new rail cutting

A hydrogeological assessment of the Scheme confirms that whilst there will be some draw down of ground water, this will be localised and affect ground water levels in the immediate vicinity of the Scheme only

It is concluded that there would be no significant effect on the

Midlands Meres & Mosses Ramsar site and no appropriate assessment is required

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1. INTRODUCTION

1.1. Introduction

1.1.1. This Report identifying the Effects on European Sites (the report) relates to an application by Network Rail Infrastructure Limited (Network Rail) to the Planning Inspectorate under the Planning Act 2008(as amended) (the Application) for the Network Rail (Norton Bridge Area Improvements) Order, (the DCO) which would grant powers to construct and maintain a new railway (the Scheme).

1.1.2. The report has been prepared for compliance with the requirements of Regulation 5(2)(g) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations) and in accordance with the Department for Communities and Local Government guidance, ‘Planning Act 2008: Guidance’ as an Application document.

1.1.3. The report is required to satisfy Regulation 5(2)(g) of the APFP Regulations which requires that an application for an order granting development consent must be accompanied by a report identifying any European site to which Regulation 61 of the Conservation (Natural Habitats, &c.) Regulations 2012 (the Habitat Regulations) applies, or any Ramsar site, which may be affected by the proposed development, together with sufficient information that will enable the Planning Inspectorate to make an appropriate assessment of the implications for the European/Ramsar site.

1.1.4. This report forms part of a suite of Application documents, and should be read in conjunction with the Ecology Technical Report (Volume 3, Report 9).

1.2. The Scheme

1.2.1. The proposed railway layout would comprise a new twin track section taking traffic travelling between Stafford and Stone over the existing West Coast Main Line (WCML) on a flyover bridge and on to tie-in with the existing Stone Line alignment at Yarnfield Junction. A new single line would fork off over the flyover tracks and re-join the WCML further north. The Scheme would require three road diversions at Searchlight Lane, Meece Road and Stone Road, and will include associated railway infrastructure, drainage, landscaping and habitat mitigation. The works are described in full in the Environmental Statement (Volume 2, section 2.5) (document reference 5.2) and also Schedule 1 to the DCO (document reference 2.1). The development described above would be subject to specific requirements as set out in Schedule 2 to the DCO.

1.2.2. Existing utilities pipelines would require diversion prior to construction, and temporary access roads and site compounds would be required during the construction phase. These works include the diversion of two high pressure gas pipeline and one fuel pipeline.

1.2.3. Much of the new rail alignment is in cutting with short sections at grade and with flyovers across the River Sow and Meece Brook.

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2. NO EFFECTS ON EUROPEAN AND/OR RAMSAR SITES

2.1.1. The identification of European/Ramsar sites which may be affected by the Scheme was carried out using a 10km search zone from the permanent Scheme footprint. There are no activities associated with the Scheme, either direct or indirect which are considered likely to results in effects on European Sites beyond 10km1.

2.1.2. There is one European/Ramsar site within the 10km search zone, namely the Midlands Meres & Mosses Ramsar site (Phase 2). The Midlands Meres & Mosses comprises eighteen component Sites of Special Scientific Interest (SSSIs) across the areas of Wrexham, Shropshire, Cheshire and the Staffordshire Plan. The nearest component SSSI, Cop Mere SSSI, is located approximately 5.3km west of the Scheme; the remaining SSSIs are beyond 10km from the Scheme.

2.1.3. The Midlands Meres and Mosses are post-glacial features comprising shallow depressions in the underlying glacial drift. The eighteen component sites include open water bodies (meres), the majority of which are nutrient-rich with associated fringing habitats, reed swamp, fen, carr and damp pasture. Peat accumulation has resulted in the nutrient-poor peat bogs (mosses) forming in some sites on the fringes of the meres or completely infilling basins. In a few cases the result is a floating quaking bog or schwingmoor. The wide range of habitats supports nationally important flora and fauna.

2.1.4. Natural England, in their formal response to the IPC (letter dated 11th October 2011 – Appendix 3) does not specifically refer to any potential effects associated with the Midlands Meres and Mosses Ramsar site or component SSSIs, nor has the potential for effects on this Ramsar site been raised during subsequent consultation meetings with Natural England (17th January 2012 and 24th March 2012).

2.1.5. In order to clarify Natural England’s position regarding potential effects of the Scheme on the Midlands Meres & Mosses Ramsar site, an email consultation was undertaken with Antony Muller, Lead Advisor – Land Use Operations Team on 3rd May 2012.

2.1.6. Natural England’s formal response was received on 23rd May 2012 (copy attached at Appendix 3) which confirms that Natural England consider it unlikely that the Scheme would result in any adverse effect on the Midlands Meres & Mosses Ramsar Site.

2.1.7. Notwithstanding the above, this report considers the potential effects of the Scheme on the Midlands Meres and Mosses, and specifically the nearest component SSSI (Cop Mere SSSI) to satisfy the requirements of the Planning Inspectorate and Habitat Regulations. The ‘No Significant Effects Report’ is presented at Appendix 4.

1 Paragraph 4.1.9 and Table 3.2 define the Zones of Influence of the Scheme with regard to designated sites, habitats and species

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2.1.8. A completed Template for Screening Matrices, Appendix 1 of the Planning Inspectorate Advice Note 10 ‘Habitat Regulations Assessment for Nationally Significant Infrastructure Projects’ is presented at Appendix 5.

2.1.9. The conclusion of this report is that there would be no significant effect on the Midlands Meres & Mosses Ramsar site and that no appropriate assessment is required. Accordingly a report enabling the competent authority to carry out such an assessment in accordance with the Habitat Regulations will not be required.

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APPENDIX 1 List of Documents Referred To

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Bibliography

Stafford Area Improvements Norton Bridge Grade Separation Scheme - Environmental Statement. Volume 3 - Water, Hydrology and Hydrogeology Technical Report Stafford Area Improvements Norton Bridge Grade Separation Scheme - Environmental Statement. Volume 3 – Ecology Technical Report

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APPENDIX2 Glossary

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A

Appropriate Assessment Of plans and projects required under the Habitat Regulations 2012 to determine if a plan or project could affect the integrity of sites of European importance

M

Meres A lake formed in a shallow depression in the underlying geology

Mosses A peat filled basin formed in a shallow depression in the underlying geology, where vegetation has accumulated over many thousands of years to form a peat habitat

P

Post-glacial Occurring after the last ice-age (ie. c. 12,000 years ago)

R

Ramsar Site A site or European importance designated under the Ramsar convention 1971

S

Site of Special Scientific Interest (SSSI)

A site of national importance designated under the Wildlife & Countryside Act 1981 (as amended)

Schwingmoor A floating mat of vegetation over a bog pool

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APPENDIX3 Consultation Response from Natural England

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Dear Sacha

Stafford Area Improvements Norton Bridge Grade Separation Scheme

Environmental Statement – Volume 3

Habitats Regulations Screening Report Name of European Site - Midlands Meres and Mosses Ramsar Site (Phase 2) Component Site of Special Scientific Interest (SSSI) – Cop Mere Thank you for your email consultation dated 3 May 2012. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

Natural England has considered the information set out in your screening report and notes the scheme’s distance from Cop Mere SSSI. As a result It is our view that, either alone or in combination with other plans or projects, the scheme would not be likely to have a significant effect on the important interest features of the West Midlands Meres and Mosses (Phase) Ramsar site, or any of the special scientific interest features of the Cop Mere Site of Special Scientific Interest (SSSI). Our detailed reasoning behind this view is set out below: The nature of the predicted effects and their distance from the Ramsar/SSSI mean that the Ramsar features for this SSSI would not be likely to suffer adverse effects. This view is based on our consideration of the SSSI’s hydrological and hydrogeological (groundwater) characteristics. For any correspondence or queries relating to this consultation only, please contact me using the phone and/or email details below. For all other correspondence, please contact the address above.

Date: 23 May 2012 Our ref: 52823 Your ref: SR/SM/ST12286/LET-004

Sacha Rogers Wardell Armstrong

By email only

Natural England Consultation Service Hornbeam House Electra Way Crewe Business Park CREWE CW1 6GJ T: 0300 060 3900

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Yours sincerely,

Antony Muller Lead Advisor Natural England Land-use Operations Unit Tel: 0300 060 1640 Mobile: 07971 294109 Email: [email protected]

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APPENDIX 4 No Significant Effects Report

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4. NO SIGNIFICANT EFFECTS REPORT

4.1. Summary

4.1.1. There is one European/Ramsar site located within 10km of the Scheme, namely the Midlands Meres & Mosses Ramsar site (Phase 2). The nearest component SSSI is Cop Mere SSSI located approximately 5.3km west of the Scheme. All other component SSSIs within the Ramsar site are located beyond 10km of the Scheme and it is considered that these other component SSSIs can be screened out of the need for consideration of appropriate assessment by virtue of distance from the Scheme.

4.1.2. Cop Mere SSSI is a shallow lake lying in a hollow in Keuper Marl. In many respects it is an outlier of the series of meres concentrated in North Shropshire and Cheshire. However, it differs from many of the meres in having a distinct inflow and outflow, the River Sow, which enters the mere at the western end and leaves at the eastern end.

4.1.3. Besides being one of very few sizeable lakes in Staffordshire, Cop Mere is of importance for its range of swamp, fen and carr communities. The site also includes areas of dry and marshy unimproved pasture and a fringe of dry woodland on the banks surrounding the mere. The site is important for its bird, botanical and invertebrate assemblages.

4.1.4. The key feature of the Scheme which is considered to have potential for significant effects on the European site is the drawdown of ground water associated with cuttings along the new rail alignment.

4.2. Potential Effect of Ground water Draw Down

4.2.1. The Water, Hydrology and Hydrogeology Technical Report (Environmental Statement, Volume 3) presents an assessment of the potential effects of the Scheme on surface and ground waters resources. It concludes that there would be localised draw down of ground water in the immediate vicinity of the new cutting only. The zone of ground water draw down would not extend to Cop Mere SSSI.

4.2.2. It is concluded that there is no likely significant effect on the Midlands Meres & Mosses Ramsar site (Phase 2) and that no appropriate assessment is required. Accordingly, a report enabling the competent authority to carry out such an assessment in accordance with the Habitat Regulations will not be required.

4.2.3. Natural England has confirmed in writing that they do not consider that the Scheme would result in any adverse effect (Natural England’s response is presented at Appendix 3).

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APPENDIX5 Completed Template for Screening Matrices, Planning

Inspectorate Advice Note 10 ‘Habitat Regulations Assessment for Nationally Significant Infrastructure Projects

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Advice Note 10

Habitat Regulations Assessment for nationally significant infrastructure

projects

Appendix 1: Template for Screening Matrices

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Report on the Implications for European Sites

Norton Bridge Grade Separation Scheme

Appendix 1 Screening Matrices Page

1

Potential Impacts Potential impacts upon the European site(s)* which are considered within the submitted Habitats Regulations Assessment

report (The Network Rail (Norton Bridge Area Improvements) Order ‘Report as to Effects on European Sites’) are provided in the table below. Impacts have been grouped where appropriate for ease of presentation.

Impacts considered within the screening matrices

Designation Impacts in submission information Presented in screening matrices as

Midlands Meres & Mosses Ramsar

site (Phase 2)

Potential for ground water draw

down resulting from construction of new rail cutting

Potential for ground water draw

down resulting from construction of new cutting

* As defined in Advice Note 10.

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Appendix 1 Screening Matrices Page 2

STAGE 1: SCREENING MATRICES

The European Sites included within the Applicant’s assessment are:

MIDLANDS MERES & MOSSES RAMSAR SITE (PHASE 2)

Evidence for likely significant effects on their qualifying features is detailed within the footnotes to the screening matrices

below.

Matrix Key:

= Likely significant effect cannot be excluded = Likely significant effect can be excluded

C = construction O = operation

D = decommissioning Where effects are not applicable to a particular feature they are greyed out.

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Stage 1 Matrix A : Midlands Meres & Mosses Ramsar Site (Phase 2)

Name of European site: Midlands Meres & Mosses Ramsar Site (Phase 2)

Distance to NSIP 5.3km

European site features

Likely Effects of NSIP

Effect 1 Effect 2 Effect 3 In-combination effects

C O D C O D C O D C O D

Meres (open water bodies associated with shallow

depressions in underlying glacial

drift)

a

a a

Mosses (nutrient

poor peat bogs on fringes of meres or or in shallow

basins in underlying glacial

drift)

a

a a

Evidence supporting conclusions a. Environmental Statement, Volume 3, ‘Water, Hydrology and Hydrogeology Technical Report’ Section 8, paragraph 8.2.12 and

8.3. 10.

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REFERENCES Stafford Area Improvements Norton Bridge Grade Separation Scheme - Environmental Statement. Volume 3 - Water, Hydrology and Hydrogeology Technical Report

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London Office: Tempus Wharf 33A Bermondsey Wall West London SE16 4TQ T: 0207 394 3700 F: 0207 394 7871

E: [email protected] W: www.templegroup.co.uk

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