The Cheshire East Borough Council (Crewe Green Link South) Compulsory Purchase Order 2013

Transcription

1 The Cheshire East Borough Council (Crewe Green Link South) Compulsory Purchase Order 2013 Public Inquiry Statement of Evidence Ecology Volume 2: Text Saffra Wright BSc MSc CEnv July 2013

2 CONTENTS Page 1 Introduction 1 2 Methodology 3 3 Baseline Conditions and Scope of Evidence 4 4 Summary Planning Consent and Legislation Relevant to GCN 6 5 Response to Objectors 9 6 Concluding Statement 11 References 12 Glossary of Terms 13 Document Reference List 14 Appendices Appendix 1 Jacobs Great crested newt Survey Report 2012 Appendix 2 NE Statutory response letter dated 19 th November 2012

3 1. INTRODUCTION My name is Saffra Wright. I have 15 years professional experience in ecological consultancy. I hold a Bachelor of Science Degree (with Honours) in Applied Ecology and a Master of Science degree in Behavioural Ecology. I have been a full member of the Institute of Ecology and Environmental Management since I am a Chartered Environmentalist with the Society for the Environment since its introduction in autumn I am currently Principal Ecologist at Jacobs (UK) Ltd I have a strong background as a consultant ecologist offering advice to a wide range of clients from the public and private sectors. This has included managing, designing and implementing surveys for a suite of species groups including herpetofauna, birds (wintering and breeding), riparian mammals, botanical/habitat surveys and bats I have been the named ecologist on seven Natural England (NE) great crested newt (GCN) (Triturus cristatus) European Protected Species licences (EPSL) within the last three years. Three of these were for large and multiphase schemes and three of these were for highway schemes Since May 2012 I have been engaged by the Council in order to provide ecological advice. I have visited the site of the proposed Scheme on four occasions throughout spring/summer 2012 in order to conduct the water vole and bat surveys and most recently to review the mitigation proposals within the eastern area in the light of pre-submission consultation with NE. I have 1

4 been involved with the preparation of the NE licence pre-submission since autumn 2012 and was involved with the initial preparation of the Environmental Impact Assessment (EIA) to accompany the planning application for the Scheme (Environmental Statement, October 2012) The Cheshire East Borough Council (Crewe Green Link South) Compulsory Purchase Order 2013 ( the Order ) was made by the Council on 18 January The Order has been made to secure compulsorily the land and new rights required to facilitate the construction of the Scheme ( the Order Land ). The land and new rights required for the Scheme area described in greater detail in the Scheme overview evidence which is presented by Mr Paul Griffiths This evidence only relates to ecology and more specifically the objections of W. Witter and of SM and SJ Whitby with regards to GCN issues and land requirements for mitigation. The relevant planning condition relating to GCN is condition 17 which states: Prior to the commencement of development a 10 year management plan, including long term design objectives, management responsibilities and maintenance schedules for the GCN mitigation area and ponds and the flood compensation area, shall be submitted to and approved in writing by the Local Planning Authority. The management plan shall be implemented as approved for a 10 year period following completion of the development. 2

5 Statement of Truth I confirm that in so far as the facts stated in this statement of evidence are within my own knowledge, I have made clear which they are and I believe them to be true and that the opinions I have expressed represent my true and complete professional opinion My statement of evidence includes all facts which are regarded as relevant to the opinion which I have expressed and I have drawn to the attention of the Inspector any matters which would affect the validity of that opinion I understand that my over-riding duty is to help the Inspector and the Secretary of State with the matters within my expertise and that this duty overrides any obligation to the Council. I confirm that I have complied with this duty. 2. METHODOLOGY The Ecological Impact Assessment (EcIA) was undertaken using the methodology provided in the Guidelines for Ecological Impact Assessment produced by the Institute of Ecology and Environmental Management (IEEM, 2006) and in accordance with guidance set out in the Design Manual for Roads and Bridges (DMRB) Volume 11, Section 3 Part 4 Ecology and Nature Conservation (Highways Agency, 1993) and the Highways Agency Interim Advice Note 130/10 Ecology and Nature Conservation: Criteria for Impact Assessment (Highways Agency, 2010). 3

6 2.1.2 For the purposes of this statement of evidence, a summary of the GCN surveys undertaken for the EcIA is provided, as this is the only relevant species group in the context of the objections received. The full methods for the GCN and other species surveys, including previous survey information and desktop records are presented in CGLRS Environment Statement (ES) (October 2012) Ecology Chapter 6 and its associated appendices (Jacobs, 2012). 3. BASELINE CONDITIONS AND SCOPE OF EVIDENCE Baseline conditions for all species groups and habitats including GCN and impacts on these species have been addressed by the incorporation of mitigation measures which are presented in the CGLRS ES (October 2012) Ecology Chapter 6 (Jacobs, 2012). Baseline conditions refer to the current ecological status as identified at the time of assessment, prior to development impacts or mitigation measures There are 30 water bodies, swamps and marshes (Ponds 1-30) located in the survey area which extends up to 500m from the scheme footprint. During the 2012 survey GCN were recorded in 14 ponds and of these 10 ponds were confirmed as breeding ponds. Seven ponds to the west of Basford Brook and seven ponds to the east of Basford Brook supported GCNs. The peak count per pond ranged from 1 to 7. The population size class estimate per pond is small using the English Nature (2001) guidelines. Surveys concluded that two small meta-populations of GCNs are present, separated by Basford Brook. 4

7 Figure 1 of Appendix 1 shows the locations of all the ponds and identifies those which support GCNs As GCNs have been identified on site and the Scheme (without mitigation) would result in significant adverse impacts on GCNs, mitigation measures have been proposed. The proposed mitigation includes the creation of a receptor area to the west of Basford Brook called Receptor Site A (Plot 48). The land use in this area was formally arable land which has low habitat suitability to support breeding, foraging or hibernating GCNs. The mitigation includes the creation of two ponds, four hibernaculum (shelter and hibernation places for amphibians), areas of scattered scrub, woodland edge planting and wildflower grassland. The Receptor Site provides optimal habitats required by GCNs for a full breeding cycle. The total area of Receptor Site A is 0.56ha and this offsets the adverse impacts to GCNs in this western meta-population as a result of the Scheme. The Eastern meta-population will require a separate receptor area - Receptor Area B located on Plot 54 (to the south of the A500) which is the approved mitigation area and included in the CPO Order. Both these mitigation habitat areas have been the subject of specific planning applications, referenced 12/3804N (Doc Ref 20) and 12/3805N (Doc Ref 21), which was approved by the Council as local planning authority on 14th November 2012 as described in the Environmental Statement which accompanied the Crewe Green Link planning application. Natural England commented on the application and raised no objections (see Appendix 2). Onsite alternatives are also being developed in conjunction with the Plot 54. 5

8 4. SUMMARY PLANNING CONSENT AND LEGISLATION RELEVANT TO GCN To meet EPSL requirements, the Scheme falls within the category of being a multi-phase masterplan development as one of the benefits of the Scheme is that it would provide access to development land either side of it. GCN mitigation for the Scheme needs to consider potential cumulative impacts on the same population of GCN in the future. The EPSL for this Scheme has been progressed through the pre-submission screening service offered by NE GCN is afforded strict protection under Part 1 and Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) (listed on Schedule 5 and therefore subject to the provisions of Section 9 parts (1)(2)(4(a & b)) and the Conservation of Habitats and Species Regulations 2010 which implements the European Union s Habitats Directive (Council Directive 92/43/EEC (a) on the Conservation of Natural Habitats and of Wild Fauna and Flora) in England and Wales Without mitigation, the Scheme would result in significant adverse impacts on GCNs with respect to the potential risks of killing or disturbing individual GCNs and the permanent loss of their terrestrial habitat. As such, essential mitigation is required to address these significant impacts and a mitigation licence from NE is required in advance of any damaging activity taking place. Under Regulation 53 (2)(e-g) and (9)(a-b) of the Conservation of Habitats and Species Regulations 2010, NE, under powers conferred by the Secretary of 6

9 State, has authority to issue licences in respect of GCNs which meet the following Habitat Regulation tests: preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature beneficial consequences of primary importance for the environment; there is no satisfactory alternative, and the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range As part of the EcIA for the Scheme (as presented in the ES (dated October 2012)) the competent authority, the Council, has been satisfied that the three Habitat Regulation tests have been met for planning purposes. All reasonable alternative mitigation options for GCN have been assessed as part of the impact assessment. The measures that best meet the three Habitat Tests are as follows: Long-term safeguarding of a plot of land to the west of the Scheme adjacent to the railway embankment (Plot 48) as mitigation land known as Receptor site A. Receptor site A would provide a receptor area for GCN trapped on the west side of Basford Brook. Plot 54 is the site approved mitigation area for newts on the east side of Basford Brook and this would be undertaken to mitigate the impacts of the Scheme on the east side of Basford 7

10 Brook. Plot 54 is included in the CPO boundary. A range of onsite alternatives are being considered in conjunction with Plot 54 which will be progressed if necessary The following factors/constraints were considered in arriving at the mitigation strategy for this Scheme and the need to acquire land compulsorily as follows: mitigation land needs to be that which can be improved to provide enhanced terrestrial and aquatic habitats to maintain the favourable conservation status of the GCN populations; mitigation land needs to be that which can be safeguarded from future development as NE does not licence mitigation areas that are at risk from any future development; mitigation land needs to be suitably located and connected so that it can be added to/extended and will not become isolated in the future; and mitigation land needs to take account of the anticipated cumulative impacts associated with the Basford East Masterplan (refer to paragraph 4.1.1) The Order provides for the compulsory acquisition of the land comprising Plot 48 and Plot 54 to mitigate for impacts upon GCN arising from the Scheme. This acquisition is necessary to meet the three Habitat Regulation tests set out in paragraph

11 4.1.7 Plots 48 and 54 have been the subject of specific planning applications, which was approved by the Council as local planning authority on 14 th November 2012 as described in the ES which accompanied the CGLRS planning application. NE commented on the application and raised no objections in their letter dated 19 th November 2012 which can be found in Appendix RESPONSE TO OBJECTORS Statutory Objector 14.1 W. Witter Plot 48 (also plots 4, 12, 19, 21, 22, 24, 25, 46, 51 and 53). This objection is presented within the Statement of Case. A summary of the objection is as follows: The objector does not consider there is any need or requirement for permanent acquisition by the Council and land should be removed from CPO or, if retained, should be marked as a temporary land requirement. The objector will oppose the taking of land required temporarily within the permanent land take for the Scheme Response: Temporary acquisition of this land would not meet the requirements of the Habitat Regulations, and as such NE would not grant an EPSL. It is important to note that plot 48 must be secured permanently by the Council due to this area being designated as a safeguarded GCN receptor site which is required to secure a NE licence. 9

12 5.1.3 Statutory Objector 14.4 Mr SM and Mrs SJ Whitby A complete version of this objection is presented within the Statement of Case. A summary of the objection is as follows: The planning consent for the Scheme is subject to 29 conditions, 21 of these require certain matters or approvals to be obtained before any part of the Scheme can commence. There is no evidence that the necessary licence have been obtained from NE. Failure to obtain the necessary licences will prevent the Scheme from proceeding. The order is premature and the absence of the necessary environmental approvals undermines the claimed justification that the Order is in the public interest Response: Discharge of planning conditions will be secured by the Council before the Scheme construction proceeds and will not therefore be an impediment to it. NE is satisfied in their response to the planning application that the proposed mitigation would maintain the population status identified in the survey report (refer to Appendix 2. NE will not issue an EPS licence prior to all consents and approvals being in place except under exceptional circumstances. Discussions held with NE have concluded that an EPS licence would not be obtainable under exceptional circumstances for this Scheme and furthermore, NE will not normally grant an EPS licence more than three months in advance of the proposed trapping programme, thus in this case, an EPS licence would only be granted following the Secretary of State s decision. 6. CONCLUDING STATEMENT 10

13 6.1.1 In this statement of evidence I have considered the objections raised in relation to GCN issues and land requirements for mitigation. In summary it is my professional opinion that there is no lawful impediment to the full implementation of the proposed GCN mitigation This conclusion is corroborated by the lack of objections on the grounds of GCN from either the Council or NE as part of the planning determination process for CGLRS Planning Application (planning reference 12/4115N) which was accompanied by the CGLRS ES (October 2012) Ecology Chapter 6 and planning application, referenced 12/3804N. (There were also no objections from any other environmental body or interest group.) Plots 48 and 54 are included in the CPO due to these areas being designated as safeguarded GCN receptor sites which are required to secure a NE licence. Furthermore, detailed discussions have taken place with NE as part of pre-submission screening service which has advanced the EPSL as far as is reasonable. An EPS licence cannot be granted prior to the Secretary of State s decision subsequent to this Public Inquiry In conclusion, I consider that the mitigation proposed is reasonable and proportionate and that NE has indicated, as far as is legally possible before formal EPSL submission, that the three tests (referred to in paragraph of this statement of evidence) have been addressed and that an EPSL would be granted following confirmation that the Secretary of State approval is received. Temporary acquisition of the land required for GCN mitigation would not meet the requirements of the Habitats Regulations and so the 11

14 Council is required to secure Plots 48 and 54 in the long term for the proposed mitigation. Signed Date: 3/7/2013 REFERENCES Highways Agency (1993). Design Manual for Roads and Bridges Volume 11 Section 3 Part 4: Ecology & Nature Conservation. HMSO, London. IEEM (2006). Guidelines for Ecological Impact Assessment in the United Kingdom. Jacobs (2012). CGLRS Environment Statement (October 2012) supporting CGLRS Planning Application (planning reference 12/4115N). 12

15 GLOSSARY OF TERMS THE CHESHIRE EAST BOROUGH COUNCIL (CREWE GREEN LINK ROAD SOUTH) COMPULSORY PURCHASE ORDER 2013 Glossary of Terms Basford East Basford West CWLEP Council CD CPO CRLRN CRLRS DfT DPD GCN LDF NPPF NE NR Order Land Secretary of State SPD SoC SoR Basford East development scheme Basford West development scheme Cheshire and Warrington Local Enterprise Partnership Cheshire East Borough Council Core Document Compulsory Purchase Order Crewe Green Link Road North Crewe Green Link Road South Department for Transport Development Planning Document Great Crested Newts Local Development Framework National Planning Policy Framework Natural England Network Rail Land and new rights the subject of the CPO Secretary of State for Transport Supplementary Planning Document Statement of Case Statement of Reasons 13

16 DOCUMENT REFERENCE LIST THE CHESHIRE EAST BOROUGH COUNCIL (CREWE GREEN LINK ROAD SOUTH) COMPULSORY PURCHASE ORDER 2013 List of Core Documents CD1 CGLRS General Arrangement Drawing, Reference B /P/100/004 Rev 4 CD2 Cheshire East Council Cabinet Report, August 2012 CD3 Cheshire East Council Cabinet Meeting minutes, 20th August 2012 CD4 Cheshire East Council Officer Decision Record, 16th January 2013 CD5 DfT Programme Entry Letter, December 2011 CD6 DfT Best and Final Bid (BAFB), September 2011 CD7 CD8 CD9 CD10 CD11 CD12 All Change For Crewe Prospectus Crewe and Nantwich Replacement Local Plan 2011 (TRAN11 is on p.85) Cheshire and Warrington Local Enterprise Partnership (LEP) CEC Support Document Cheshire and Warrington Business Needs Survey: Key Messages for the Crewe Green Link Road Bid (2011) CGLRS Planning Board Report, Strategic Planning Board minutes, and Planning Decision Notice (planning reference 12/4115N), December 2012 CGLRS Environmental Statement (October 2012) supporting CGLRS Planning Application (planning reference 12/4115N) CD13 DfT Scheme Assessment Report, 2011 CD14 Basford West Section 106 Agreement, April 2008 CD15 Piloting Proportionate Appraisal Guidance Option Assessment Report, March 2010 CD16 CD17 CD18 CD19 Basford Regional Investment Site, Crewe Transport Planning Delivery Strategy for Comprehensive Development (Atkins, 2007) Technical Note on A5020 Roundabout Improvements for CGLR Opening Year (MVA, November 2011) Technical Note on A5020 Weston Road / CGLR Junction - Option Tests (MVA, December 2011) CGLRS Flood Compensation Note and Addendum (Appendix H) (Cheshire East Highways, 2012) 14

17 CD20 GCN pond / habitat area planning application (12//3804N), November 2012 CD21 GCN pond / habitat area planning application (12/3805N), November 2012 CD22 National Planning Policy Framework (Department for Communities and Local Government, March 2012) CD23 National Infrastructure Plan (H M Treasury, 2011) CD24 North West Regional Spatial Strategy (RSS), 2008 CD25 Cheshire 2016: Structure Plan Alteration CD26 Local Transport Plan (LTP) 3 Final Strategy ( ) CD27 LTP Implementation Plan CD28 Draft Crewe Town Strategy, 2012 CD29 Draft Development Strategy Cheshire East Council (2013) CD30 Emerging Policy Principles for Cheshire East CD31 Ambition for All Cheshire East's Sustainable Community Strategy CD32 Basford East Development Brief Crewe and Nantwich Borough Council (2004) CD33 Order to revoke North West RSS (Order SI 2013 no 934) CD34 North West Regional Economic Strategy (2006) (extract) CD35 Local Economic Partnership Business Plan CD36 Cheshire and Warrington Employment Land and Sites Study (Executive Summary) (2009) CD37 Written Ministerial Statement: Planning for Growth (March 2011) CD38 Draft Crewe Town Strategy Summary Report of Consultation Findings (2012) CD39 Cheshire East Employment Land Review - Appendix F (2012) CD40 Basford West Development Brief Crewe and Nantwich Borough Council (2004) CD41 Letter from Spawforths to CEC, June 2013 CD42 Economic Development Strategy for Cheshire East Cheshire East Council (2011) CD43 All Change for Crewe: Final Report 1 The Data and Evidence Repository Cheshire East Council (2010) [extract] 15

18 CD44 CD45 CD46 CD47 CD48 CD49 CD50 CD51 CD52 CD53 CD54 CD55 CD56 CD57 CD58 CD59 CD60 All Change for Crewe: Final Report 2 - Crewe s Strategic Framework for Economic Growth Cheshire East Council (2010) [extract] All Change for Crewe: Crewe s Strategic Framework for Economic Growth Final Report 3 - The Action Plan Cheshire East Council (2010) [extract] Public Engagement Results Report All Change for Crewe November & December 2010 Cheshire East Council (2010) [extract] Paycheck Data 2010 CACI The Eddington Transport Study Department for Transport (2008) [extract] Cheshire East Council Report to Cabinet - All Change for Crewe : Implementing Crewe Vision - Cheshire East Council (20th Dec 2010) Cheshire & Warrington Means Business: A Prospectus for a Cheshire and Warrington Local Enterprise Partnership (Sept 2011) Mid-2011 Population Estimates for Lower Layer Super Output Areas. ONS Crown Copyright 2013 [Extract] English Indices of Deprivation 2010, Department for Communities and Local Government. [1] Claimant Count, ONS, NOMIS. Crown Copyright. [2] Underlying population estimates for Crewe town and individual LSOAs: 2011 Census (Table KS102EW). ONS Crown Copyright. [3] Underlying population estimates for Cheshire East, the NW and UK: ONS mid-year population estimates ONS Crown Copyright Census (Table QS501EW). ONS Crown Copyright. Baseline projections from the Cheshire, Halton & Warrington Econometric Model (CHWEM). Projections were obtained using Cambridge Econometrics (CE)/IER LEFM software and are consistent with Cambridge Econometrics UK Regional Forecast, as published on Cambridge Econometrics Knowledge Base website in June Cheshire East Council Corporate Three Year Plan Cheshire East Council (2010) Crewe Green Link Road Southern Section, Major Scheme Business Case, February 2009 Transport Analysis Guidance ( [Note: No documents provided. Relevant sections from website: 2.1.2, 2.9.1, 3.3.2, 3.3.3, 3.5.4, 3.5.6, 3.5.7, 3.9.5, , , 3.16] Local Transport Plan [Chapter 5 Major Schemes] Best and Final Funding Bid, Base Model Revalidation Note and Appendices 16

19 CD61 CD62 CD63 Design Manual for Roads and Bridges [Section 3, Part 4 - Ecology extract provided] Best and Final Funding Bid, Demand Forecasting Report and Appendix Best and Final Funding Bid, Value for Money Summary Annex CD64 Environment Agency Flood Compensation Requirements AIP, August 2012 CD65 ODPM Circular 06/2004 CD66 CD67 CD68 CGLRS Scheme Overview Programme Rev1 IEEM (2006). Guidelines for Ecological Impact Assessment in the United Kingdom. Letters of Support: CD69 Co-op Letter of Support (May 2013) CD70 Local Member Letter of Support (June 2013) CD71 Original scheme planning consent (Planning Reference 01/1199), dated February 2002 CD72 Cheshire East Council Cabinet Minutes, May 2013 [Item 9] CD73 MVA Scheme Dependent Valuation Report, Sept 2011 CD74 Crewe and Nantwich Local Plan [extract], 1997 CD75 Basford East Meeting Note, May 2012 CD76 Basford East Environmental Scoping Report [Paragraph 1.1.1] CD77 CD78 CD79 Estimated job and GVA impacts of Basford East site. Public Right of Way (Footpath FP1) Stopping up Order (Sealed) and Plan, April 2013 CGLRS Planning Consent (2011) (Planning Ref: 11/1982N) 17