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Habitats Regulations Assessment of theCornwall Climate Emergenncy DevelopmentProject number: 60571547InformationClassification: CONTROLLEDPlan Document1. Introduction1.1AECOM was appointed by Cornwall Council (CC) to undertake a Habitats RegulationsAssessment of its Climate Emergency Development Plan Document (DPD). The objective of thisassessment was to identify any aspects of the DPD that would cause Likely Significant Effects(LSEs) on, or adverse effects on the integrity of, European sites (Special Areas of Conservation(SACs), Special Protection Areas (SPAs), candidate Special Areas of Conservation (cSACs),potential Special Protection Areas (pSPAs) and, as a matter of Government policy, Ramsar sites.The assessment is undertaken on the DPD alone and, if relevant, in-combination with other plansand projects that may have a cumulative effect. Under the Conservation of Habitats and SpeciesRegulations 2017 (as amended), an Appropriate Assessment is required where a plan or projectis likely to result in LSEs upon a European Site, either individually or ‘in combination’ with otherprojects. Should the HRA identify potential adverse effects, it also advises on appropriate policymechanisms for delivering mitigation.1.2Cornwall’s Climate Emergency DPD represents a key action of Cornwall’s Climate Change ActionPlan with the intention to facilitate a carbon-neutral Cornwall by 2030, 20 years prior to the UKcommitment. It seeks to implement a fundamental principle of the National Planning PolicyFramework (NPPF), which is to transition to a low carbon economy through encouraging energyreduction, promoting renewable energy sources and facilitating more sustainable living. The DPDcontains policy wording to encourage change in various sectors that are key to a ‘greener’economy, including energy efficiency standards, agricultural practices, retrofitting and reusingexisting buildings, and encouraging growth in sustainable energy sources. The overarchingplanning framework for Cornwall is outlined in the adopted Cornwall Local Plan (CLP); the DPDis a subordinate document to the CLP and supports its strategic policies.1.3Cornwall is an authority of 3,546km2 on the south-western tip of England. Large parts of Cornwallhave a rural character and varied scenery. The county is known for its ecological interest,comprising wild moorland landscapes and long, varied coastlines. Overall, 16 SACs lie eitherwholly or partly (e.g. the Tintagel-Marsland-Clovelly Coast SAC and the Plymouth Sound &Estuaries SAC) within Cornwall. Furthermore, three SACs lie within 10km of the authorityboundary, including the Culm Grasslands SAC, South Dartmoor Woods SAC and BlackstonePoint SAC. Most of these SACs are sensitive to atmospheric pollution (primarily in the form ofatmospheric nitrogen deposition which stems partly from combustion) and are therefore likely tobenefit from the DPD’s focus on sustainable energies. Two Cornish SPAs are designated formobile bird species (the Marazion Marsh SPA and Tamar Estuaries Complex SPA) and are thussensitive to noise disturbance and to obstruction from certain types of renewable energy scheme,especially wind farms. Cornwall also harbours two European sites (the River Camel SAC andPlymouth Sound and Estuaries SAC) that are designated for migratory fish species.Hydroelectricity schemes thus represent a potential threat to the designated species dependingon the potential of such schemes to disrupt migration pathways. Various marine sites (e.g. theFalmouth Bay to St Austell Bay SPA) also require appraisal in the context of the DPD.1.4An initial review of the DPD highlights that all its policies seek to increase sustainability and areduction in carbon emissions, since the overarching purpose of the DPD is environmentallypositive. This will clearly aid in tackling atmospheric pollution and climate change. Therefore, theDPD will be positive for many of Cornwall’s SACs and its two SPAs, comprising habitats andspecies that are directly or indirectly sensitive to atmospheric nitrogen deposition, and elevatedammonia, NOx and sulphur dioxide concentrations, of which one of the biggest sources iscombustion and industrial processes. The transition from fossil-fuelled energies to renewables isexpected to reduce overall pollutant concentrations and deposition in European sites.Notwithstanding this, renewable energies (particularly wind farms and hydroelectric schemes)and agricultural schemes (particularly intensive animal husbandry) can also be associated withnegative impacts on the environment depending on how they are designed and delivered. TheDPD supports such proposals, which are thus the principal focus of this HRA.1.41.5 The HRA was produced and submitted for Examination alongside the DPD in 2021. Thiscurrent iteration is an update to the submitted HRA to take account of changes made toPrepared for: Cornwall CouncilAECOM7

Habitats Regulations Assessment of theCornwall Climate Emergenncy DevelopmentProject number: 60571547InformationClassification: CONTROLLEDPlan Documentpolicy following Examination of the DPD as Main Modifications. The technical analysis inthe report is therefore unchanged from that in 2021. All that has changed is policy wordingparticularly in Appendix B. All changes to the report are shown as ‘track changes’ for easeof reference. Where any changes to policy wording affect the conclusions of the HRA thisis noted in the report.Legislation1.51.6 The UK left the EU on 31 January 2020 under the terms set out in the European Union(Withdrawal Agreement) Act 2020 (“the Withdrawal Act”). This established a transition period,which is currently set to end on 31 December 2020. The Withdrawal Act retains the body ofexisting EU-derived law within our domestic law. During the transition period EU law applies toand in the UK. The most recent amendments to the Habitats Regulations – the Conservation ofHabitats and Species (Amendment) (EU Exit) Regulations 2019 – make it clear that the need forHRA will continue after the end of the Transition Period. Figure 1 below sets out the legislativebasis for Appropriate Assessments.1.61.7 The HRA process applies the ‘Precautionary Principle’ 1 to European sites. Plans and projectscan only be permitted having ascertained that there will be no adverse effect on the integrity ofthe European site(s) in question. Plans and projects with predicted adverse impacts on Europeansites may still be permitted if there are no alternatives to them and there are Imperative Reasonsof Overriding Public Interest (IROPI) as to why they should go ahead. In such cases,compensation would be necessary to ensure the overall integrity of the site network.1.71.8 In order to ascertain whether or not site integrity will be affected, an Appropriate Assessmentshould be undertaken of the plan or project in question:Conservation of Habitats and Species Regulations 2017 (as amended)The Regulations state that:“A competent authority, before deciding to give any consent for a plan or project whichis likely to have a significant effect on a European site shall make an appropriateassessment of the implications for the site in view of that sites conservation objectives The authority shall agree to the plan or project only after having ascertained that it will notadversely affect the integrity of the European site”.Figure 1: The legislative basis for Appropriate Assessment1.81.9 Over time the phrase ‘Habitats Regulations Assessment’ (HRA) has come into wide currency todescribe the overall process set out in the Habitats Directive from screening through to IROPI.This has arisen in order to distinguish the process from the individual stage described in the lawas an ‘Appropriate Assessment’.1.91.10 In spring 2018 the ‘Sweetman’ European Court of Justice ruling 2 clarified that ‘mitigation’ (i.e.measures that are specifically introduced to avoid or reduce a harmful effect on a European sitethat would otherwise arise) should not be taken into account when forming a view on likelysignificant effects. Mitigation should instead only be considered at the Appropriate Assessmentstage. This HRA has been cognisant of that ruling.Scope of the Project1.101.11There is no guidance that dictates the physical scope of an HRA of a Plan documentin all circumstances. Therefore, in considering the physical scope of the assessment, AECOMwas guided primarily by the identified impact pathways (called the source-pathway-receptor1The Precautionary Principle, which is referenced in Article 191 of the Treaty on the Functioning of the European Union, hasbeen defined by the United Nations Educational, Scientific and Cultural Organisation (UNESCO, 2005) as: “When humanactivities may lead to morally unacceptable harm [to the environment] that is scientifically plausible but uncertain, actions shallbe taken to avoid or diminish that harm. The judgement of plausibility should be grounded in scientific analysis”.2People Over Wind and Sweetman v Coillte Teoranta (C-323/17)Prepared for: Cornwall CouncilAECOM8

Habitats Regulations Assessment of theCornwall Climate Emergenncy DevelopmentProject number: 60571547InformationClassification: CONTROLLEDPlan Documentmodel) rather than by arbitrary ‘zones’. Current guidance suggests that the following Europeansites be included in the scope of assessment: All sites within the boundary of Cornwall; and, Other sites shown to be linked to development within the authority boundary through aknown impact ‘pathway’ (discussed below).1.111.12Briefly defined, impact pathways are routes by which the implementation of a policywithin a Local Plan document can lead to an effect upon a European designated site. An exampleof this would be new residential development resulting in an increased population and thusincreased recreational pressure, which could then affect European sites by, for example,disturbance of wintering or breeding birds.1.121.13Guidance from the Ministry of Housing, Communities and Local Government (MHCLG)states that the HRA should be ‘proportionate to the geographical scope of the [plan policy]’ andthat ‘an AA need not be done in any more detail, or using more resources, than is useful for itspurpose’ (MHCLG, 2006, p.6). More recently, the Court of Appeal ruled that providing the Council(competent authority) was duly satisfied that proposed mitigation could be ‘achieved in practice’to satisfy that the proposed development would have no adverse effect, then this would suffice.This ruling has since been applied to a planning permission (rather than a Core Strategydocum

JR Dr James Riley Technical Director Distribution List # Hard Copies PDF Required Association / Company Name. Habitats Regulations Assessment of the Cornwall Climate Emergenncy Development Plan Document Project number: 60571547 Prepared for: Cornwall Council AECOM