Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 7679

Received: 22/08/2025

Respondent: Natural England

I&O_8166
Habitats Regulation Assessment Initial Screening – June 2025 Natural England notes that the Habitats Regulations Assessment (HRA) has not been produced by your authority, but by AECOM. As competent authority, it is your responsibility to produce the HRA and be accountable for its conclusions. We provide the advice enclosed on the assumption that your authority intends to adopt this HRA to fulfil your duty as competent authority. On the basis of information provided, Natural England advises that there is currently not enough information to rule out the likelihood of significant effects. Natural England therefore advises that your screening is repeated in light of the matters below and an Appropriate Assessment is undertaken, to assess the implications on European sites, in view of the site conservation objectives. Natural England is a statutory consultee at the Appropriate Assessment stage of the HRA process. We recommend that Natural Resources Wales are also consulted due to cross-boundary designations. 3. Background to Impact Pathways: Table 3.1 Possible Impact Pathways Water Quality Natural England would encourage that all possible impact pathways follow the same naming pattern. Natural England note the following headings which all relate to the same matter but each use differing headings: Water Quality, Eutrophication (Water Quality), Water Pollution (Water Quality), Pollution to Groundwater (Water Quality), Presence of Pollution (Water Quality), Pollution – Pesticides/Agricultural Runoff (Water Quality). Many of English designated sites relating to meres and mosses have potential groundwater and surface water pathways which has not been identified within the table. Eutrophication and contamination are also relevant to these sites. Hydrological changes (Water Quantity, Level and Flow) We advise the naming convention is consistent throughout the table, noting that the following headings have been utilised for the same issue: Hydrological changes (water quantity, level and flow), Water Quantity, Drainage (Water Quantity, Level and Flow), Human Induced Changes in Hydraulic Conditions (Water Quantity, Level and Flow), Inappropriate Water Levels (Water Quantity, Level and Flow), Water Depth (Water Quantity, Level and Flow), Hydrological Changes, Drainage/Reclamation for Agriculture. The meres and mosses designated sites are vulnerable to changes in hydraulic conditions. A severance in water supply may see the loss of notified features. This potential impact has not been listed within the table. Recreational Pressure Similarly, we advise the naming convention is consistent throughout. During the identification of impact pathways, Natural England recommend recreational pressure is identified as a possible impact pathway at Liverpool Bay SPA and Sefton Coast SAC. Functionally Linked Land The table would benefit from clearly specifying whether disturbance and urbanisation relates to Functionally Linked Land. Air Pollution It is noted that air pollution as a possible impact pathway is only considered for atmospheric nitrogen deposition and consequently, we advise amendment in alignment with paragraph 3.3 and due to wider low carbon fuel and carbon capture technology associated emissions. River Dee and Bala Lake SAC Qualifying features of the designated site include: Water courses of plain to montane levels with floating water plantain (also note the geological element), sea lamprey, brook lamprey, river lamprey, Atlantic salmon, bullhead and otter. Therefore, consideration of hydrological changes (water quantity, level and flow) and wider supporting habitat should be included within the table. Rostherne Mere Ramsar Notified features include Open water transition fen ('mere') with birds listed as noteworthy fauna within the Information Sheet on Ramsar Wetlands only. Renewable Energy Natural England note that the table does not consider the effects of renewable energy at designated sites. This can include on and off-shore wind turbines, hydroelectricity, solar and tidal energy, alongside low carbon fuel and carbon capture technologies. Marine We also advise that the table does not consider effects to the marine environment. Natural England recommend reference is also made to Marine Protected Areas: Conservation Advice Packages. Wider potential impacts which may require consideration include: noise, seabed disturbance, collision risk, deoxygenation, emergence regime changes, habitat structure changes, enrichment, disturbance to strata below the seabed, salinity changes, temperature changes, vibration, visual disturbance, water flow and wave changes. 3. Background to Impact Pathways: Commentary Natural England advise the commentary on impact pathways is largely generic and not bespoke to the issues and opportunities within the Borough. 3.3 Background to Atmospheric Pollution We wish to highlight there are further impact pathways associated to low carbon fuel and carbon capture technologies which would benefit further assessment. Examples of low carbon fuel and carbon capture technologies include: electric arc furnaces, blue hydrogen (created from natural gas and required to include carbon capture and storage), green hydrogen (created by splitting water into hydrogen and oxygen), hydrogen storage, carbon capture and storage (CCS), sustainable aviation fuel plants, other industries utilising hydrogen resource and carbon capture plants, lithium battery plants and small modular nuclear reactors. Natural England is committed to helping to deliver more renewable and low carbon energy in a sustainable manner which avoids adverse impacts on the natural environment, but highlight these technologies have an evidence gap which should be identified due to the limited evidence base surrounding natural environment impacts. This can be further compounded by the lack of published and agreed Environmental Quality Standards for new chemicals or pollutants. We would wish to see policies relating to these technologies to progress to Appropriate Assessment due to the uncertainties involved. This includes: EP1 Ellesmere Port, EP2 Origin – Stanlow and Thornton Science Park, EP3 Origin – Protos and EN 5 Low Carbon Fuel and Carbon Capture. 3.9 Background to Loss of Functionally Linked Habitat Natural England advise this section refers to background resources such as Identification of Functionally Linked Land supporting Special Protection Areas (SPAs) waterbirds in the North West of England (NECR361), NECR483 Edition 1 Identification of Functionally Linked Land in the North West of England – Phase 2 (NECR483) and our SSSI Impact Risk Zones GIS dataset accessible from the data.gov.uk website should also be used to initially inform areas of Functionally Linked Land, alongside best available evidence at the time of your Local Plan preparation. It is also possible to undertake detailed bird counts as indicated by Portsmouth Local Plan, but we also signpost the Local Plan by East Riding who approached a ‘tier system’ for Functionally Linked Land and recreational disturbance. 3.14 Background to Recreational Pressure We advise reference should be made to evidence collected by Footprint Ecology which is being utilised to inform a Recreational Mitigation Strategy within the Liverpool City Region Combined Authority to ensure tailored information informs the background evidence. Natural England note under Section 3.27 there is reference to avoidance and mitigation techniques which is typically reserved for the conclusions of the HRA screening stage. Natural England support locating new development away of sensitive designated sites and associated Functionally Linked Land. However, we have concerns with the mitigation measures listed which is discussed in more detail within Section 4. Test of Likely Significant Effects. 3.32 Background to Water Quality We welcome reference to the potential risks associated to Wastewater Treatment Works (WwTWs) within the plan area. As part of the background information to water quality, Natural England would expect consideration of nutrient neutrality. There must be an initial assessment of the impacts associated to nutrient loading to establish if there will be a likely significant effect within nutrient neutrality catchments. If this cannot be excluded, assessment should progress to Appropriate Assessment. This stage will consider if the nutrient load needs to be mitigated in order to remove the adverse effects to the European sites. It is our advice to local planning authorities to take a precautionary approach in line with existing legislation and case law when addressing uncertainty and calculating nutrient budgets. This relates to West Midlands Mosses Special Area of Conservation (SAC) and Oak Mere SAC. 3.34 Background to Water Quantity, Level and Flow In relation to paragraph 3.37, water levels at designated sites are influenced by a complex range of factors beyond abstraction and impermeable surfaces. Physical interventions such as puncturing the soil profile through piling or deep excavation can significantly alter subsurface hydrology. This can create hydraulic gradients, drawn down of water and unintended to ground water flow pathways. Therefore, we advise this section is amended to consider all potential impact pathways. 4. Test of Likely Significant Effects In light of the above comments, Table 4.1 requires amendment, and we offer our broad initial comments below: Table 4-1. Impact pathway parameters for considering the interaction between growth areas and Habitats sites Atmospheric Pollution We advise low carbon fuel and carbon capture technologies are considered as an impact pathway. We note the uncertainties regarding rail transport and do not agree that as a consequence this potential impact can be screened out from further assessment. Functionally Linked Land Natural England notes the precautionary distance of 20km to be screened within assessment. We advise reference to resources and signposting in Section 3.9 Background to Loss of Functionally Linked Habitat to inform Local Plan preparation. We advise bats are referred to elsewhere to assist the clarity of the HRA which should focus on notified species of the designated sites listed. On this occasion, bats do not form part of the notified species of the European designated sites. Natural England has produced Protected species and development: advice for local planning authorities - GOV.UK standing advice to help planning authorities understand the impact of particular developments on protected species. Recreational Pressure Natural England welcome the reference to the study commissioned by Merseyside Environmental Advisory Service (MEAS) through Footprint Ecology which identified the percentage contribution that each Local Planning Authority (LPA) should make towards mitigating recreational disturbance through developer contributions based on the location that visitors are coming from. We welcome the approach to screen recreational pressure within 5.5km of a growth area as a consequence of the study, but we raise concern with the approach to mitigate impacts. Recreational disturbance impacts generated by the Local Plan are unlikely to be sufficiently addressed by measures proposed within this document alone (Section 3.27). The provision of alternate recreational space may act as positive avoidance measure, but it would be difficult to quantify that users would also not be visiting the coastal areas alongside this provision. As a result, impacts to coastal designated sites are likely to still occur. In addition, habitat management would not be sufficient to address concerns as this would likely infer compensation and be a requirement of the IROPI opinion (Imperative Reasons of Public Interest) in which the appropriate stages of the HRA must be progressed to. We advise that the avoidance - mitigation - compensation hierarchy is firstly followed. Natural England signpost the approach taken by Liverpool City Region Combined Authority in which we would strongly encourage your authority to collaborate with neighbouring authorities on the Recreational Mitigation Strategy to ensure the soundness of your Local Plan preparation. Water Quality We welcome the approach to consider Wastewater Treatment Works within the same growth areas. It would be beneficial to secure assurances from treatment providers to ensure any additional discharge can be adequately handled. Natural England advise that our SSSI Impact Risk Zones GIS dataset accessible from the data.gov.uk website should also be utilised to inform impacts arising from surface water and to inform presence/absence of a nutrient neutrality catchment. We advise potential allocations CUD03 and CUD04 may have the potential to be situated within a nutrient neutrality catchment dependent upon foul and surface water arrangements which would benefit from further consideration. Water Quantity, Level and Flow Whilst we support the recognition of Wastewater Treatment Works and the need to understand their capacity restraints. These systems do not address all potential impacts. In some cases, surface water may not connect to the mains system in certain contexts, and they cannot mitigate the effects of physical severance of water supply to a designated site. Therefore, we advise that our SSSI Impact Risk Zones GIS dataset accessible from the data.gov.uk website are fully considered to ensure wider impacts are fully assessed. 4.13 Initial Screening of Potential Growth Option s Table 4.2 requires amendment in light of the above comments, but we offer our initial comments below and provide a full list of our screening exercise in Annex A. Cuddington and Sandiway The full name of the designated site should be provided: Midland Meres and Mosses Phase II Ramsar. Farndon Natural England advise the situation of allocations FA01, FA02 and FA03 would require further consideration of urbanisation and potentially recreational disturbance through increased water sports or boating craft due to the immediate proximity to the River Dee and Bala Lake SAC. Neston and Parkgate Urbanisation effects should be considered at The Dee Estuary SPA / SAC /Ramsar. Chester, Malpas, Tattenhall and Farndon The above growth areas would benefit from an understanding of current Wastewater Treatment Works (WwTWs) capacity. 4.15 Test of Likely Significant Effects (ToLSE) for Growth Option The tables contained within this section may require updating in light of the above comments. We outline our broad comments below: Atmospheric Pollution We advise further consideration of allocations and policies which will contribute to industrial emissions or provide emissions from low carbon fuel and carbon capture technology sources, not just emissions associated with traffic. Water Quality We advise this section is bespoke to water quality issues, rather than a repeat of water quantity, level and flow comments. 5. Summary of Screening Whilst generally supportive of the approach taken to screen potential impact pathways, there remain areas which require further assessment which include atmospheric pollution from a wider range of emission sources, renewable energy, water quality (specifically surface water run-off and nutrient neutrality considerations), hydrological changes and assessment of geological & species notified features pertinent to River Dee and Bala Lake SAC. We also highlight that further details regarding the in-combination assessment would also be required as part of the HRA screening. Natural England notes the methodology considers neighbouring authorities’ key plans, but no further details are provided (paragraphs 2.12 and 4.2). Natural England would be pleased to offer our comments on the Appropriate Assessment once further certainty in the development allocations are presented.

Comment

Representation ID: 7684

Received: 22/08/2025

Respondent: Natural England

I&O_8171
1 Introduction Evidence Base Natural England has not reviewed the plans listed. However, we advise that the following types of plans relating to the natural environment should be considered where applicable to the plan area: Green and Blue infrastructure strategies Local Nature Recovery Strategies (LNRS) Biodiversity plans and strategies Rights of Way Improvement Plans River basin management plans National Landscape and National Park management plans Relevant landscape plans and strategies

Comment

Representation ID: 7685

Received: 22/08/2025

Respondent: Natural England

I&O_8172
2 Vision and 3 Objectives The Plan should include the natural environment in its long-term vision and objectives for the plan area. These should be based on local characteristics and circumstances and include locally specific goals for nature recovery and enhancement, supported by policies and proposals in the plan in accordance to National Planning Policy Framework (NPPF) paragraphs 8(c), 20(d), 123 and 181. Option A Take Forward The Current Local Plan Objectives Should Option A be the preferred means of taking forward objectives, Natural England highlight that there is limited consideration of biodiversity assets including designated sites and deep restorable peat. Objectives are largely focussed upon on climate change resilience and green infrastructure. Option B Use the Sustainability Appraisal objectives Natural England highlight that these objectives are tailored to the plan area and consider a wider range of biodiversity assets which can shape sustainable development

Comment

Representation ID: 7687

Received: 22/08/2025

Respondent: Natural England

I&O_8174
5 Spatial Strategy In setting an overall strategy to guide development and allocate land the Plan should: Conserve and enhance the natural environment, including landscapes and green infrastructure (GI) Make as much use as possible of previously developed or ‘brownfield’ land Allocate land with the least environmental or amenity value It should be recognised that some previously developed land is important for biodiversity as it can contain open mosaic habitats (dataset), a priority habitat. Further information on designated sites is at Designated Sites View (https://designatedsites.naturalengland.org.uk/). Natural England’s Impact Risk Zones (IRZ) on MAGIC maps (www.magic.defra.gov.uk) identify potential development impacts.

Comment

Representation ID: 7690

Received: 22/08/2025

Respondent: Natural England

I&O_8177
5.1 Potential Growth Areas Once further work develops on which sites will be taken forward for allocation, please consult Natural England so we can offer advice on their suitability with regard to impacts on and opportunities for the natural environment. Any additional growth may also need to be considered in the in-combination assessment. Therefore, we offer the broad comments on information we have available in Annex A. Natural England identify that numerous allocations have the potential to impact a variety of designated sites, priority habitats, irreplaceable habitats and adjacent irreplaceable assets such as peat. The Habitats Regulations Assessment prepared as part of the Local Plan will be required to assess development allocations whereby there is a potential to affect a habitat site (see Habitats regulations assessments: protecting a European site - GOV.UK (www.gov.uk) and Natural England must be consulted on ‘appropriate assessments’ (see Appropriate assessment - GOV.UK (www.gov.uk) for more information for planning authorities). Bird Species and Assemblages Natural England advise progression to Appropriate Assessment within your Habitats Regulations Assessment (HRA), for your coastal development allocations. This is in terms of the impact pathway of Functionally Linked Land (FLL). We are of the opinion that these allocations will require project level desk-based assessments and habitat suitability assessments. These assessments should include more detailed bird surveys. As the designated sites also contain species notified during passage, detailed surveys would be required to be conducted back-to-back in a two-year period covering passage and winter periods. We also have specific concerns with allocation EP04 (Option B). This location is utilised by significant numbers of notified bird species and serves as the last open area along the Estuary. Natural England are aware from development surrounding the Mersey Estuary area such as Protos, Hynet, Frodsham Wind and Solar farm, that this area is a key area of undeveloped land. Natural England urge you to consider appropriate mitigation for this area, including whether mitigation would function to the benefit of the bird species. If not, you may need to consider the derogation tests of the Habitats Regulations, if you want to continue to allocate development to this area. Alongside the above known projects, we are aware of a proposed solar farm at Rake Lane which may cause wider in-combination effects to allocation EP01 (Options B and C). Your assessment must be able to conclude that impacts to FLL can be suitably avoided and mitigated. Water Numerous allocations are sited in areas which may have the potential to affect water sensitive notified features. Designated sites include: River Dee and Bala Lake / Afon Dyfrdwy a Llyn Tegid Special Area of Conservation (SAC) and a variety of coastal and meres & mosses designations which will require further assessment as the HRA progresses. Allocations located within Chester, Malpas, Tattenhall and Farndon would benefit from an understanding of current Wastewater Treatment Works (WwTWs) capacity and their ability to handle further discharges as part of the HRA process. We advise Welsh Water is consulted to assist with your decision-making. In addition, allocations CUD03 and CUD04 within Options B and C at Cuddington and Sandiway may have the potential to be situated within a nutrient neutrality catchment associated to West Midlands Mosses SAC (specifically Abbots Moss SSSI) dependent upon foul and surface water arrangements. We advise due to the uncertainties in design of the schemes at this stage, nutrient neutrality is progressed to Appropriate Assessment. Air Quality We advise that all development allocations must consider aerial pollutants arising from traffic emissions during construction and operational phases may have the potential to harm designated sites. We consider that the designated sites at risk from local impacts are those within 200m of a road with increased traffic, which feature habitats that are vulnerable to nitrogen deposition/ acidification. APIS provides a searchable database and information on pollutants and their impacts on habitats and species. Natural England’s approach to advising competent authorities on the assessment of road traffic emissions is attached within NEA001. In addition, should an employment allocation have the potential to release industrial emissions, a 10km screening distance for European designated sites which are vulnerable to air quality changes is also applied. A commonly used tool is the Simple Calculation of Atmospheric Impact Limits (SCAIL) model which is freely available. The results of this initial screening should inform the need for any further detailed assessment. Please be aware that within your area Natural England applies a Process Contribution (PC) of 1% of Critical Level/ Critical Load as a significance threshold for SSSIs and European sites. The PC is the amount of emissions produced by the proposal that will be received at the edge of the receptor (i.e. Designated site). Where the Critical Level/ Critical Load is in exceedance or the scheme involves low carbon fuel and carbon capture technology, Natural England would expect progression to Appropriate Assessment within the HRA. Priority Habitat and Irreplaceable Habitat Thirty-three allocated sites may contain priority habitats with nine allocated sites containing or adjoining ancient and semi natural woodland. Peat Our initial mapping data indicates that no allocations contain peat as per the England Peat Status Greenhouse Gas and Carbon Storage layer. However, allocations CH01, CH04 and DEL01 are located adjacent to a potential deep peat mass. Therefore, it is important to note design should ensure works on, and off peat do not compromise the wider peat mass in terms of hydrology connectivity. In addition, policy writers should have regard to the LNRS priorities for peat and the associated actions, especially around creating buffer zones to protect existing peat. Best and Most Versatile Agricultural Land Development has an irreversible adverse impact on the finite national and local stock of Best and Most Versatile (BMV) land. Areas of poorer quality land (Agricultural Land Classification/ ALC grades 3b, 4, 5) should be preferred to areas of higher quality land (grades 1, 2 and 3a). There is a requirement for detailed ALC surveys to support plan allocations and for subsequent planning applications (for all sites larger than 5 ha). ALC surveys to support plan allocations and for subsequent planning applications for smaller sites (1 – 5 ha) would be welcomed. We note that seven allocated sites have the potential to contain BMV agricultural land.

Comment

Representation ID: 7692

Received: 22/08/2025

Respondent: Natural England

I&O_8179
7 Ellesmere Port EP1 Ellesmere Port EP2 Origin – Stanlow and Thornton Science Park EP3 Origin – Protos Due to evidence constraints which are discussed in more detail within EN 5 Low carbon fuel and carbon capture, Natural England advise it is difficult to provide substantive comments on these proposed policies. As a minimum, Natural England recommend the policies include the following information in regard to coastal designated sites, water and air quality concerns: It is the responsibility of the applicant to provide sufficient information about their proposed project and evidence to support assessment conclusions on the environmental impacts, for your authority to assess the scale, extent, timing, duration, reversibility and likelihood of any potential or increased risk of effects on designated sites, and to consider any mitigation which may be needed to avoid or minimise any adverse effects. This assessment should consider both direct and indirect effects.

Comment

Representation ID: 7693

Received: 22/08/2025

Respondent: Natural England

I&O_8180
13 Green Belt and Countryside GB1 Green Belt and Countryside Plan policies and proposals should positively enhance land within the Green Belt. This should include compensatory improvements to environmental quality and accessibility of remaining Green Belt where land is removed from the Green Belt, also having regard to the relevant priorities and actions in the LNRS. Green Belt land can often be degraded ‘urban fringe’ landscapes. Therefore, there will be opportunities to ‘green’ the Green Belt and deliver environmental benefits such as landscape enhancement, habitat creation and enhancement and improved access to nature.

Comment

Representation ID: 7694

Received: 22/08/2025

Respondent: Natural England

I&O_8181
14 Transport and Accessibility TA 1 Transport and Accessibility We advise the locations of any potential infrastructure allocations or development including upgrades and expansions to existing infrastructure fully assess impacts to biodiversity assets such as designated sites, peat, soil, priority species and habitats & other notable species, alongside any landscape considerations. Transport proposals also offer opportunities such as new habitats/connect habitats, e.g., railway embankments and highway verges and should be recognised as an opportunity. The green infrastructure associated with the transport network can play an important role in ecological connectivity contributing to wildlife corridors and stepping stones as referred to in paragraph 185 of the National Planning Policy Framework (NPPF). Transport networks should be designed and managed to maximise ecological connectivity and reduce severance impacts. The Plan should have policies to maintain and improve access to nature and enjoyment of the countryside. Policies should be in place to protect and enhance public rights of way, access land and national trails, including the England Coast Path. Policies should provide for better connections and address unequal access to nature to support health and well-being outcomes. The design of new or improved routes should consider a range of modes of access including walking, cycling and horse riding, as well as a range of users including children and older people, different socio-economic groups and people with disabilities.  

Comment

Representation ID: 7695

Received: 22/08/2025

Respondent: Natural England

I&O_8182
TA 2 Key Local Transport Infrastructure Priorities The Plan should consider the implications of coastal change and opportunities for nature and improved access. The Shoreline Management Plan should be used to inform the evidence base for the Plan. You may wish to include the England Coast Path within DM 37 Recreational Routeways. Coastal Change Management Areas should be identified with appropriate policies set out for development and to manage the change. Policies should reflect and enhance the character of the coast and maintain the route of the England Coast Path. Opportunities for enhancing biodiversity, landscapes and access to nature should also be secured.

Comment

Representation ID: 7697

Received: 22/08/2025

Respondent: Natural England

I&O_8184
15 Infrastructure and Developer Contributions Strategic mitigation solutions are progressing within the vicinity of your authority and are desirable to address the cumulative impacts of development on designated sites e.g. recreational pressures. Details of the study commissioned by Merseyside Environmental Advisory Service (MEAS) and undertaken by Footprint Ecology identified the percentage contribution Local Planning authorities should make towards mitigating recreational disturbance through developer contributions as based upon the location visitors are travelling from. We advise further collaboration is required from Cheshire West and Chester Council with neighbouring Liverpool City Region Combined Authority on this specific element. In addition, Natural England advise it would be beneficial to hold further discussions with Liverpool City Region Combined Authority, Cheshire East Council and Warrington Borough Council in relation to LNRS delivery through BNG.