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South East river basin district
Flood Risk Management Plan 2015 to 2021
Habitats Regulation Assessment
March 2016
Executive summary
The Flood Risk Management Plan (FRMP) for the South East River Basin District (RBD)
provides an overview of the range of flood risks from different sources across the nine
catchments of the RBD and more specifically from local flood sources in the one Flood Risk
Area (FRA) of Brighton and Hove. The one FRA was identified as having higher local flood
risk by the Preliminary Flood Risk Assessments. The RBD catchments are defined in the
River Basin Management Plan (RBMP) and based on the natural configuration of bodies of
water (rivers, estuaries, lakes etc.).
The FRMP provides a range of objectives and programmes of measures identified to
address risks from all flood sources. These are drawn from the many risk management
authority plans already in place together with a range of further strategic developments for
the FRMP ‘cycle’ period of 2015 to 2021. The range of measures in the South East RBD
FRMP, are reported under the following types of flood management action:
Types of flood management measures % of RBD measures
Prevention – e.g. land use policy, relocating people at risk etc. 15%
Protection – e.g. various forms of asset or property-based protection 48%
Preparedness – e.g. awareness raising, forecasting and warnings 26%
Recovery and review – e.g. the ‘after care’ from flood events 7%
Other – any actions not able to be categorised yet 4%
The purpose of the HRA is to report on the likely effects of the FRMP on the network of sites
that are internationally designated for nature conservation (European sites), and the HRA
has been carried out at the level of detail of the plan. Many measures do not have any
expected physical effects on the ground, and have been screened out of consideration
including most of the measures under the categories of Prevention, Preparedness, Recovery
and Review. Others that may have effects but are in catchments that do not have any
designated European sites have also been screened out of consideration.
Risk Management Authorities (RMAs) have for a long time been addressing the range of
flood risks through a range of plans and actions. Much of the South East RBD FRMP
presents measures that are ongoing from existing plans, which have already been subject to
HRA. RMAs have considered the effects of these existing plan measures on European sites
in published HRAs where required. These measures, their effects and agreed actions to
mitigate the effects have been summarised under relevant RBD catchments and FRAs
within this report. Where RMAs have identified new flood risk management priorities for the
next FRMP cycle period between 2015 and 2021, then the measures to implement these
have been considered alongside existing plan measures in this HRA.
The following table summarises the numbers of measures that the HRA has considered:
FRMP RMA plans Screened out measures
Measures from existing plans
New cycle 1 measures
1
SE RBD catchments 138 119 28
FRA Brighton and Hove 5 4 0
Total 143 (48%) 123 (41%) 28 (10%)
The HRA has been carried out for the set of measures for each RBD catchment that address
main river, sea and reservoir flooding alongside any measures volunteered by RMAs that
address local flooding and thus form a ‘RBD plan’ within the FRMP. Measures within FRAs
that address high risk of local flooding in these areas have been considered in the HRA as
separate ‘FRA plans’ within the FRMP. Both ‘RDB plan’ and ‘FRA plans’ are further
considered in-combination by the HRA. The findings are a summary of the risks to European
sites and an indication of the need for future HRAs at a project level when developing local
actions, as well as considering how to avoid and mitigate any residual risks to European
sites.
For the South East RBD FRMP, the main conclusions from the stages of assessment across
the 2 RMA plans of the FRMP are as follows:
A determination was made to screen out measures that would not have physical effects on
any European sites.
The effects of the measures from existing plans include effects of measures to address
coastal flooding from SMPs, measures to address main-river flooding from CFMPs and
measures to address local flooding from local strategies. Existing controls and mitigation
from these plans include: for SMPs, development of coastal strategies, accompanied by
more detailed HRAs for relevant SMP Policy Areas; and for CFMPs and Local Strategies
more detailed appraisal and assessment on plans or projects arising out of the plans to
demonstrate meeting the requirements of the Conservation of Habitats and Species
Regulations 2010, as amended (Habitats Regulations).
The effects of the measures that are for new flood risk management priorities for the next
FRMP cycle period of 2015 to 2021 have been considered within this strategic-plan level
HRA as far as they can be assessed at this high level. This HRA considers the range of
mitigation options that may be applicable. It is concluded that the measures are expected to
be able to be avoided or mitigated as part of their development as local actions, and all
measures have been identified as capable of being fully mitigated. It can therefore be
concluded that at the plan level there is sufficient scope for ensuring no likely significant
effects during its implementation. The detail of the controls and mitigation required will be
assessed as part of requirements to meet consents under planning and other consenting
mechanisms as part of a project level HRA, some of which may need to proceed to
appropriate assessment in order to gather the necessary level of detail.
The HRA considers the potential for in-combination effects with other plans and projects.
Given the level of information currently available, the assessment has identified the plans
where the greatest risk of in-combination effects occur, but a detailed assessment can only
1 Measures across several catchments are counted up for each catchment for HRA purposes which may be a
different figure than reported in the FRMP.
be undertaken at the project level when details of location and design of measures are
known. Key external plans to consider for in-combination effects are:
Local Plans – plans of local planning authorities to determine consent for proposed developments including FCRM ‘Protection’ types of development and which require HRA for developments affecting European sites
Water Resource Management Plans – plans to manage the supply of water to communities by Water Companies.
River Basin Management Plans – plans that seek to ensure the objectives of water dependent European Sites are maintained.
Marine Plans – plans to manage the sustainable use of marine resources for inshore areas.
This HRA does not remove the need for HRA at a subsequent level, i.e. lower tier strategies,
plans or projects that implement measures. This plan-level HRA does not give any weight to
subsequent lower-tier plans or projects and their HRA outcomes.
As local actions are developed at a project level and the details of their scope and scale are
known, this may identify additional effects on European sites that have not been assessed
here, or were not appropriate to consider at this spatial scale of plan.
CONTENTS
1 Introduction .................................................................................................................... 6
1.1 Introducing this report ............................................................................................. 6
1.2 Background to the FRMPs ...................................................................................... 7
1.3 The South East RBD FRMP .................................................................................... 7
1.4 Background to Habitats Regulations Assessment ................................................... 9
2 European sites in the South East RBD ......................................................................... 11
2.1 European sites that could be affected by the FRMP.............................................. 12
2.2 European sites and their status for FRMPs ........................................................... 12
2.3 European sites and their management .................................................................. 13
3 Approach to the HRA ................................................................................................... 15
3.1 Description of the FRMP programmes of measures .............................................. 15
3.2 Screening and Likely Significant Effects ................................................................ 16
3.3 Screening out catchments where no European Sites are present ......................... 16
3.4 Screening out measures that would not have physical effects .............................. 16
3.5 Considering measures from existing plans ............................................................ 17
3.6 Considering new measures for FRMP cycle 1 ....................................................... 18
3.7 Considering the need for further stages of assessment ........................................ 18
4 South East River Basin District Catchments HRA ........................................................ 20
4.1 Summary of Measures .......................................................................................... 20
4.2 Screening and Likely Significant Effects ................................................................ 22
4.3 Consideration of results and conclusion ................................................................ 45
5 Brighton and Hove Flood Risk Area HRA ..................................................................... 49
5.1 Summary of Measures .......................................................................................... 49
5.2 Screening and Likely Significant Effects ................................................................ 50
6 In combination effects with other plans and projects .................................................... 52
6.1 RBD and FRA FRMPs .......................................................................................... 52
6.2 In-combination effects between RBD FRMPs ....................................................... 53
6.3 In-combination effects with external plans ............................................................. 53
7 Conclusion and Future HRAs ....................................................................................... 56
Annex A: Table A1 – HRA screening table for the FRMP measure categories
Table A2 – Management catchments and European sites in the SE RBD
Table A3 – Mitigation and control measures
Annex B: SE RBD European sites
1 Introduction
1.1 Introducing this report
This report sets out the results of a strategic plan-level Habitat Regulations Assessment
(HRA) into the likely significant effects on designated ‘European sites’ of the Flood Risk
Management Plan (FRMP) for the South East River Basin District, published in December
2015. The HRA report has been prepared by the Environment Agency on behalf of the
collective Risk Management Authorities (RMAs) that have responsibilities for information
being published within the FRMP, and are thus the ‘competent authorities’ for the HRA of
their respective published information, as follows:
Information on flooding from main river, sea and reservoirs being published for the
catchments of the river basin district (RBD) are the responsibility of the Environment
Agency (for English catchments).
Information on flooding from local sources being published for any Flood Risk Area
(FRA) is the collective responsibility of Lead Local Flood Authorities within the FRA.
In preparing the HRA report the Environment Agency has consulted with Natural England
(for English catchments) and Natural Resources Wales (for Welsh catchments). The Lead
Local Flood Authorities in Flood Risk Areas are ‘competent authorities’ for HRA of their
FRMP information and have agreed that this report will meet their HRA requirements.
FRMPs are new strategic plans for implementing the Flood Risk Regulations 2009 and the
existing National Flood and Coastal Erosion Risk Management (FCERM) Strategy for
England. They have been developed for each of the River Basin Districts (RBDs) and Flood
Risk Areas (FRAs) and draw together information from a range of existing strategies and
plans that are in place and continue to be maintained by Risk Management Authorities. The
HRA has been carried out at the level of detail published in the FRMP and takes into
account HRAs that have already been undertaken for measures in existing plans, and at the
level of detail provided by these existing plans. Whilst a HRA at this strategic level cannot
obtain the level of detail necessary for in-depth assessment, the HRA summarises the likely
risks and potential need for controls and mitigation and the range of generic mitigation
options available, which will then proceed through further consideration once measures are
developed as specific local actions. In this way, this high-level HRA will be helpful for future
HRAs that consider the effects on European sites at a project level.
The report describes each of the main stages and results of the FRMP HRA as follows:
Describing the network of European sites within the RBD (chapter 2)
The approach to the HRA (chapter 3)
Screening and assessing likely significant effects (chapters 4,5)
Appropriate assessment, alternative solutions and imperative reasons of overriding
public interest (IROPI) (chapters 4,5)
Conclusion and future HRAs (chapter 7)
1.2 Background to the FRMPs
Flood risk management plans (FRMPs) highlight the hazards and risks from rivers, the sea,
surface water, groundwater and reservoirs and set out how risk management authorities,
such as the Environment Agency and local authorities, will manage flood risk. They are
required by the European Union Floods Directive and the Flood Risk Regulations 2009. The
FRMPs must be reviewed and reissued every six years to describe progress.
The Environment Agency is required to prepare FRMPs for all of England covering flooding
from main rivers, the sea and reservoirs. Lead Local Flood Authorities (county councils and
unitary authorities) must prepare flood risk management plans for flood risk areas (there are
ten flood risk areas in England) where the risk of flooding from local sources is significant as
identified in Preliminary Flood Risk Assessments.
The 2015-2021 period will be the first cycle of the FRMPs, however RMAs already plan for
flooding and a large proportion of the FRMP measures are taken from existing plans that
have already been consulted on and published. This includes plans such as Catchment
Flood Management Plans (CFMPs) and Shoreline Management Plans (SMPs) as well as
Local Flood Risk Management Strategies that have been developed by local authorities.
Some further strategic developments have been included for the 2015-2021 first cycle of the
FRMP that build on existing plans and seek to address the key objectives of the Flood Risk
Regulations 2009, such as: strengthening joint working of RMAs, developing more integrated
management of the water environment, and updated priorities from any new understanding
of flood risks including the implications of climate change.
1.3 The South East RBD FRMP
The South East River Basin District covers an area of 10,500km2 and includes the counties
of Hampshire, East and West Sussex. It also includes about half of Kent and parts of
Wiltshire and Surrey. The river basin district comprises nine catchments.
The coastline of the River Basin District is varied and has many iconic features. These
include the dramatic cliffs around Beachy Head, Dover and the Seven Sisters in East
Sussex, as well as the natural harbours of Langstone, Portsmouth and Chichester. There
are broad expanses of sand and dunes near Rye and Camber and the famous pebble beach
and piers of Brighton.
The Isle of Wight is a unique feature within the River Basin District and even with its
relatively small coastline has all of the wider catchments features, including the iconic
Needles on the West of the Island, the marshes at Bembridge and the sandy beaches at
Sandown.
The majority of the basin drains into the English Channel with the exception of the Stour
which discharges into the North Sea. Some of the individual catchments still retain much of
their natural character, whereas others have been significantly modified over time as a result
of industry, navigation and agriculture.
Parts of the South East River Basin District are heavily urbanised with a population of more
than 3.7 million. Major urban centres include Brighton and Hove, Portsmouth, Southampton
and Ashford.
In recent years there has been notable flooding across the basin, with severe flood events
occurring in the autumn of 2000, winter of 2008, summer of 2012 and again during the winter
storms of 2013/14. These flood events had significant impacts on some communities,
businesses and infrastructure as well as the natural environment. With a changing climate it
is predicted that there may be more extremes in the weather, leading to more frequent and
severe events like these.
The South East RBD is made up of 9 management catchments (see map in Figure 1 below).
Figure 1: South East RBD catchments and Flood Risk Area
The South East RBD FRMP sets out the objectives and measures that have been drawn by
risk management authorities from existing plans or newly developed for the FRMP cycle
period of 2015-2021. Existing measures in the South East RBD FRMP are derived from the
following source plans:
Shoreline Management Plans (SMP)
Catchment Flood Management Plans (CFMPs)
Local Flood Risk Management Strategies (FRMS) developed by LLFAs.
The FRMP is divided into the separate plans that are the responsibility of different risk
management authorities, as follows:
Measures within the 9 RBD catchments of the South East RBD that the Environment Agency is responsible for, and
Measures within the Brighton and Hove Flood Risk Area (FRA) for local sources of flooding that fall within the Adur and Ouse catchment. Brighton and Hove Unitary Authority are responsible for these measures.
1.4 Background to Habitats Regulations Assessment
In England, the Conservation of Habitats and Species Regulations 2010, as amended,
commonly termed the Habitats Regulations, implements the European Union Habitats
Directive (Directive (92/43/EEC) on the Conservation of natural habitats and of wild flora and
fauna, and certain elements of the Wild Birds Directive (2009/147/EC). This legislation
provides the legal framework for the protection of habitats and species of European
importance in England.
Sites protected under the Habitats Regulations comprise Special Protection Areas (SPA),
Special Areas of Conservation (SAC), candidate SACs (cSAC), Sites of Community
Importance (SCI) and, as a matter of government policy, to potential Special Protection
Areas (pSPA) and Ramsar sites (sites designated under the 1971 Ramsar Convention for
their internationally important wetlands). These sites are referred to collectively as in this
report as ‘European sites’.
Regulation 9(3) of the Habitats Regulations requires that a ‘competent authority’ must
consider the requirements of Habitats Directive in exercising any of its functions. Article 6(3)
of the Habitats Directive defines the requirements for assessment of plans and projects
potentially affecting European sites. This requires that a competent authority, before
deciding to undertake, or give any consent or authorisation for a plan or project which is
likely to have a significant effect on a European site, and is not directly connected with or
necessary to the management of that site, must carry out an appropriate assessment. The
term commonly referred to for the assessment process is ‘Habitats Regulations
Assessment’.
The SE FRMP is considered to fit within the definitions of a ‘plan’ as defined by the Habitats
Directive, and requires a Habitats Regulations Assessment (HRA). The FRMP is a high-
level planning document for the SE River Basin District (RBD) (see map in Figure 1),
therefore potential impacts of the plan on European sites across the RBD are difficult to
determine. Given the geographic scale and nature of the plan, the HRA has been tailored to
be appropriate for the spatial area of coverage and the strategic nature of the plan.
The Habitats Regulations Assessment has followed a framework of four distinct stages, only moving to the next stage if required by the results of that stage of the assessment. The four stages are:
Stage 1: Screening and Likely Significant Effects is the process which initially identifies
the likely impacts upon a European Site of a plan or project, either alone or in combination
with other plans or projects, and considers whether these impacts may be significant. This
stage also includes the development of mitigation to avoid or reduce any possible effects.
Stage 2: Appropriate Assessment is the detailed consideration of the impact on the
integrity of the European Site of the plan or project, either alone or in combination with other
plans or projects, with respect to the site’s conservation objectives and its structure and
function. This is to determine whether there is objective evidence that adverse effects on the
integrity of the site can be excluded. This stage also includes the development of mitigation
to avoid or reduce any possible effects.
Stage 3: Assessment of alternative solutions is the process which examines alternative
ways of achieving the objectives of the plan or project that would avoid adverse impacts on
the integrity of the European Site, should avoidance or mitigation be unable to avoid adverse
effects.
Stage 4: Assessment where no alternative solutions exist and where adverse effects
remain is made with regard to whether or not the plan or project is necessary for imperative
reasons of overriding public interest (IROPI) and, if so, of any required compensatory
measures.
2 European sites in the South East RBD
Within the South East RBD there are 36 SACs, 14 SPAs, and 11 Ramsar sites. Some of the
sites have more than one designation such as Arun Valley, parts of which are designated as
SPA, SAC and Ramsar. There is a proposed extension and name change to one SPA and
proposed Ramsar which is currently with Defra (‘Dungeness to Pett Level’; proposed name
change to ‘Dungeness, Romney Marsh & Rye Bay SPA’ and proposed Ramsar site of the
same name). This name change has not resulted in the SPA being double counted within
the FRMP. There is also a proposed marine SPA and Ramsar site which is currently being
consulted upon (Solent and Dorset Coast SPA). The proposed Ramsar and marine SPA are
included in the figures provided above. Figure 2 shows a map of the South East RBD with
the European sites and the management catchments of the SE RBD.
Figure 2 - Map of the European sites in the South East River Basin District
Although most of the European sites contain a variety of habitat types, broadly speaking they
could be described as coastal and marine sites and freshwater sites (comprising rivers such
as the Itchen SAC and wetlands such as the Pevensey Levels SAC and Ramsar). The
terrestrial sites are much smaller in area in comparison and generally comprise habitat such
as woodlands and grasslands.
Natura sites include Sandwich Bay SAC, which is a long sweeping inlet of the sea between
Ramsgate and Deal. The coastal area consists of sand flats with their associated salt
marshes and coastal sand dunes. The Sandwich Flats stretch for about five miles (8 km)
along the coast.
Dungeness SAC and Dungeness to Pett Level SPA, is of international conservation
importance for its geomorphology, plant and invertebrate communities and birdlife. The
proposed Ramsar site includes the entire SPA (including proposed extensions) as well as
additional areas of grazing marsh, drainage channels, canals, shingle beaches, sand dunes
and ponds.
The coastline along the west of the district is heavily designated with international
designations for birds and their habitat including Solent and Southampton SPA/Ramsar site,
Solent Maritime SAC and Portsmouth Harbour SPA and Ramsar site. It also contains
important wetland sites such as Chichester and Langstone Harbour SPA and Ramsar and
Solent and Isle of Wight Lagoons SAC.
The Pevensey Levels SAC and Ramsar is a large low lying area, which drains to the sea.
Water level management is fundamental in helping to restore and maintain the site in
favourable condition. The Ramshorn Snail and Fen Raft Spider are supported. The
freshwater mollusc Anisus vorticulus is a European Protected Species whose range is very
restricted – largely being confined to the Arun Valley and Pevensey Levels, which are SAC
designated.
The River Itchen is a SAC. The geology (chalk and sandy beds based) make this lowland
catchment an important haven for wildlife within which many SAC species are found
including salmon, native crayfish, southern damselfly, otters, bullhead, lamprey and water
voles.
Annex B contains a summary of the European sites present within South East RBD. Table
A2 in Annex A presents a summary of the European sites present within the management
catchments of the South East RBD. In a number of cases European sites cross over the
boundary of two or more management catchments, therefore a number of European site
names / designations may appear against more than one management catchment.
2.1 European sites that could be affected by the FRMP
The South East FRMP is a long term plan for the water environment, which could potentially
affect both water dependent and non water-dependent European sites and their qualifying
features.
It is not possible from the outset to rule out, at the RBD scale, any (water-dependent or non
water-dependent) European sites from being affected by the South East FRMP. The HRA
(in particular Sections 4.2 and 5.2 for the FRA) reviews the European sites by management
catchment, and determines whether any of the measures within the catchments are likely to
lead to significant effects on European sites.
2.2 European sites and their status for FRMPs
The South East RBMP provides summary information on the current status and baseline for
water-dependent European sites as part of its monitoring data.
European sites in England, with the occasional exception, are also designated as SSSIs.
Natural England monitors the conditions of SSSIs and their component units using six
reportable condition categories: favourable; unfavourable recovering; unfavourable no
change; unfavourable declining; part destroyed and destroyed.
The current status of water-dependent European site protected areas for the South East
RBD is summarised in table 1 below. This gives the current area of water-dependent SSSI
units of European protected areas in different condition categories as currently recorded on
Natural England’s designated site data system. SSSI units underpin European protected
areas and Natural England only collects data at a SSSI unit level. When SSSI units are in
favourable condition, they are deemed to be meeting their conservation objectives.
The table shows that for the South East RBD, 45% of water-dependent SSSI units of
European protected area sites are currently not compliant with the condition requirements.
Table 1 Status of water-dependent European Sites based on assessment of SSSIs
units for the South East RBD (Extract from Natural England databases August 2015)
Condition South East RBD (ha)
Favourable 20,482
Destroyed / Part destroyed 0
Unfavourable declining 182
Unfavourable no change 406
Unfavourable recovering 15,875
Total Area Unfavourable 16,463
% Unfavourable 45
2.3 European sites and their management
As part of a new strategic approach to managing all England’s European sites, new
measures needed to achieve favourable conservation status for all European sites in
England have been developed by Natural England in partnership with the Environment
Agency. These are collectively referred to as Site Improvement Plans (SIPs), and are being
developed by the Improvement Programme for England’s Natura 2000 sites (IPENS). SIPs
were published for all European sites in England in 20152.
With reference to relevant SIP’s for England's Natura 2000 Sites, common pressures on
units in the South East region transitional and coastal water bodies include water pollution,
air pollution resulting in atmospheric nitrogen deposition, invasive species and commercial
marine and estuarine fisheries. Coastal squeeze, changes in species distributions and direct
impact from 3rd parties are marginally less common. Whilst less common pressures include
inappropriate water levels and ditch management, scrub and weed control, recreational
marine and estuarine fisheries, public access/disturbance, overgrazing, change in land
management and physical modification. For freshwater sites common pressures include
water pollution, inappropriate water levels and ditch management, with less common
pressures including invasive species, inappropriate scrub and weed control, overgrazing and
public access/disturbance.
2 Site Improvement Plans for the South East River Basin District can be found on:
http://publications.naturalengland.org.uk/category/6287197783195648
The South East FRMP recognises SIPs include actions where flood risk management is
specifically a mechanism for their delivery.
Measures from within the SIPs within the South East RBD have been considered as part of
the development of measures within the RBMP, so that they will contribute to objectives for
WFD Natura 2000 Protected Areas in the RBD.
3 Approach to the HRA
The steps undertaken to complete the HRA are as follows:
describe the plan and the measures proposed
screen and assess the likely significance of any effects on European sites
consider need for further stages of assessment (i.e. appropriate assessment,
alternative solutions and IROPI)
determine a plan-level conclusion
3.1 Description of the FRMP programmes of measures
The South East River Basin District Flood Risk Management Plan (FRMP) is a joint
publication of several plans required under the Flood Risk Regulations that are the separate
responsibilities of specific Risk Management Authorities (RMAs), as follows:
South East River Basin District catchments (Environment Agency)
Brighton and Hove Flood Risk Area (LLFA within the FRA)
3.1.1 River Basin District Catchments
FRMPs for the River Basin District (RBD) are being published by the Environment Agency
(for English catchments) and Natural Resources Wales (NRW) (for Welsh catchments), and
are focused on measures principally to address flood sources from main river, the sea and
reservoirs. The measures have been divided into catchments based on the River Basin
Management Plans (where they are called ‘management catchments’).
Production of the FRMPs for the RBDs is the legal duty of the Environment Agency and
NRW. Where any voluntary information on local sources of flooding within RBD catchments
has been provided by LLFAs, these are published by joint agreement in the RBD FRMP.
The Environment Agency and NRW are also the competent authority under the Habitats
Regulations for the RBD FRMPs.
3.1.2 Flood Risk Areas
FRMPs for Flood Risk Areas (FRAs) are being published by the Lead Local Flood
Authorities (LLFAs) where the FRAs lie within their administrative boundaries. Production of
the FRMPs for the FRAs are the legal duty of the respective LLFAs. The LLFAs responsible
for the FRA FRMPs are also the competent authority under the Habitats Regulations.
Where a RBD includes one or more FRA, as is the case for the South East RBD, the
measures that have been developed specifically for these FRA FRMPs are presented and
assessed separately.
3.1.3 Applying HRA
In applying the HRA process, each RMA plan has been assessed separately. A final
summary of conclusions and recommendations for future HRAs is provided that also draws
on a high-level summary of the potential for in-combination effects of the FRMP with other
key plans.
3.2 Screening and Likely Significant Effects
This first stage of the HRA process requires consideration of screening and likely significant
effects of measures on European Sites. The tasks undertaken to complete this are as
follows, and set out in more detail below:
screening out catchments where no European Sites are present
screening out measures that would not have physical effects
considering measures from existing plans, with mitigation / controls already agreed in
HRAs for any likely significant effects, or in some cases potential adverse effect on
site integrity
considering new measures and their likely significant effects, with mitigation / controls
where considered necessary
conclusion from screening and likely significant effects.
The results of these tasks for each RMA’s plan of the FRMP are provided in the following
chapters:
Chapter 4: SE River Basin District catchments
Chapter 5: Brighton and Hove Flood Risk Area
3.3 Screening out catchments where no European Sites are present
Where there are no European sites present in a catchment, it was determined that no further
consideration of measures in the catchment is required. Given the level of detail in the plan
where the FRMP measures are mainly strategic in nature and are not specific on their
precise location, there is insufficient details to consider downstream or down drift effects
beyond the catchment. However, such screening for cross-catchment effects will be a
requirement in assessing local plans and projects.
3.4 Screening out measures that would not have physical effects
Every measure included within the FRMP is categorised according to one of the following 4
categories, accompanied by an M-code:
Prevention (M2) - reducing the impacts of flooding through land use and
development policy, relocation of assets at risk, or measures to divert the hazard to
avoid harm.
Protection (M3) - protecting people from the risk of flooding; for example, by the
maintenance, refurbishment of existing defences or building new defences.
Preparedness (M4) - by taking actions that prepare people for flooding; for example,
by improving awareness of flood risk, or by providing warning and forecasting for
floods.
Recovery and review (M5) - supporting recovery after flooding has happened and
reviewing how things can be improved; for example, by improving the availability of
recovery services such as providing temporary accommodation.
Other (M6) – measures not fitting in to any of the above categories.
Further definitions of each of the measures are set out in the FRMP according to a second
tier of M-codes. For example, Prevention (M2) includes the second tier measure, M22, which
is defined as “Prevention, removal or relocation measure to remove receptors from flood
prone areas or to relocate receptors to areas of lower risk”. These measure definitions have
been used as the basis for the initial screening out of the measures that require no for further
consideration within the HRA.
The measure codes and their definitions are included as Table A1 (in Annex A to this
document). Measures under ‘Preparedness’ (M4) and ‘Recovery and review’ (M5) will not
result in development, demolition or changes of management ‘on the ground’ that could
result in effects on European Sites. These were therefore screened out from any further
consideration. Similarly, under the ‘Prevention’ category (M2), only the removal or relocation
of receptors from flood prone areas could potentially affect European sites. The measures
that have been screened in to the assessment are set out below and have been highlighted
in Table A1:
M22 – Prevention – removal or relocation (category)
M3 – Protection – all sub-categories
M6 – Other – not yet defined.
3.5 Considering measures from existing plans
Risk Management Authorities have a range of plans in place for developing and
implementing measures related to flooding from main river (in Catchment Flood
Management Plans), to flooding from the sea (in Shoreline Management Plans) and related
to local sources of flooding (e.g. in Local Flood Risk Management Strategies). These plans
have been subject to HRA where relevant, and have reported on the effects on European
Sites consistent with the level of detail of the plans.
For this HRA, these existing HRAs have been used to summarise the effects of measures
from existing plans that are now set out under specific RBD catchments or FRAs. For many
RBD catchments and FRAs there are multiple existing plans covering the geographic area
but also some existing plans that are split across RBD catchments or FRAs. Nonetheless we
have separated out the ‘screened in’ measures from individual existing plans and referenced
the specific HRA results that apply to them.
The results from existing HRAs have considered the extent that they remain valid since they
were published. This has been done by checking the status of the relevant European sites
that were considered within the source plan’s HRA for any changes to site designations
since the date of the HRA publication. The criteria were agreed with Natural England and
comprised: whether there were any new / additional site designations, any changes in site
boundaries, changes in designated site features, or any significant changes in site
conditions.
The HRA results from Shoreline Management Plans are relatively recent with most
published between 2010 and 2011. The HRA results from Catchment Flood Management
Plans are a little older with most published between 2008 and 2010. The HRA results from
Local Flood Risk Management Strategies are the most recent with the first ones being
published around 2012 and most being published much more recently.
One of the main reasons for a likely change from when the effects of plan measures were
reported in HRAs is where there have been boundary changes to European sites or to the
scope of condition of the interest features of the sites i.e. specific habitats, species etc.
Where we have been advised that such changes have occurred and are significant then this
has triggered further consideration of the validity of the existing HRA results that we have
relied upon.
3.6 Considering new measures for FRMP cycle 1
In reviewing the range of measures across existing plans covering all sources of flooding,
Risk Management Authorities (RMAs) have taken the opportunity to put forward further
strategic developments for the next 6 year cycle of the FRMP. These ‘new measures’ focus
on: strengthening the joint working of RMAs across all flood sources; developing more
integrated management of the water environment as set out in the River Basin Management
Plans and other related plans; and updating flood risk information to help manage risks with
communities.
For this HRA we have reviewed the set of new measures that have been ‘screened in’ for
each catchment. As they are mostly ‘strategic’ measures without specific information on
location or the form of action that would be developed on the ground, we have considered a
range of factors that would give rise to any likely risks from this set of measures in a specific
catchment, which includes:
their general proximity in the catchment to European sites
whether they aim to address sources of flooding that are local, or main river or
related to the coast
the mix of types of new measures within the catchment denoted by their M-codes
(i.e. whether they are mainly maintenance, or channel works, or new solutions).
General proximity was considered by narrowing down the set of measures within a
catchment to those that were closer in general and more likely to be connected to European
sites by the hydrology of the catchment rather than applying specific buffer distances to
individual measures.
3.7 Considering the need for further stages of assessment
HRA steps were carried out for each RBD catchment of the RBD plan that is the
responsibility of the Environment Agency. Further HRA steps were carried out for each FRA
(by catchment) that is the responsibility of respective Lead Local Flood Authorities. The
determination for each catchment or FRA that there are no likely significant effects to
European sites, is based on the following assumptions:
that this HRA does not remove the need for HRA at a subsequent level, i.e. lower tier
strategies, plans or projects that implement measures, nor does it give any weight to
their outcomes. Consideration of potential impacts and options available to mitigate
for those impacts should assist, but not influence or constrain any lower-tier
assessments.
that as local actions are developed at a project level and the details of their scope
and scale are known, that this may identify additional effects on European Sites that
have not been assessed here, or were not appropriate to consider at this spatial
scale of plan.
4 South East River Basin District Catchments HRA
This chapter sets out the results of carrying out the HRA on the measures for the South East
RBD catchments that are for flooding from main river, sea and reservoirs and for local
flooding sources outside of Flood Risk Areas. This is the FRMP information for which the
Environment Agency is the FRMP ‘statutory authority’ and HRA ‘competent authority’. The
Flood Risk Area FRMP information for which other RMAs have responsibility has been
considered separately in later chapters of the HRA (see sections 5 and 6).
This section covers the following stages of the assessment:
Summary of measures being assessed
Screening and assessment of likely significant effects
Consideration of results and conclusion
4.1 Summary of Measures
The initial screening and assessment of likely significant effects reviewed the measures for
each of the 9 management catchments within the SE RBD FRMP.
Figure 3 - Map of the South East river basin district and management catchments
A summary of the measures and their screening is given below for each catchment.
Table 2: Summary of measures by catchment
Management Catchment
Nu
mb
er
of
measu
res
scre
en
ed
in
(o
ut)
Nu
mb
er
of
measu
res
fro
m e
xis
tin
g p
lan
s1 Number of measures related to types
of existing plans1
Nu
mb
er
of
ne
w
measu
res f
or
cycle
1 Number of new measures and
known level of detail1
Nu
mb
er
of
Eu
rop
ean
Sit
es
Catchments with no screened in measures
All catchments have some screened in measures.
Catchments with all measures from existing plans
Rother 19 (13)
19 3 from CFMPs 16 from SMPs
0
5
Sub-total 19 (13)
19 3 from CFMPs 16 from SMPs
0
% all measures
7% 7% (n/a)
Catchments with new measures for cycle 1 of the FRMP
SE RBD Wide
7 (15) 0 7 7 strategic/proximity unknown 61
Adur and Ouse
12 (8) 9 2 from CFMPs
7 from SMPs
3 3 not in proximity
4
Arun and Western Streams
22
(11)
15 6 from CFMPs
9 from SMPs
7 6 not in proximity
1 specific/in proximity
18
Cuckmere and Pevensey Levels
19 (9) 13 8 from CFMPs
4 from SMPs
1 from LLFA plans
6 6 not in proximity
3
Test and Itchen
8 (32) 5 1 from SMPs
4 from LLFA plans
3 3 specific/in proximity 11
East Hampshire
8 (14) 7 1 from SMPs/other EA plans
6 from LLFA plans
1 1 not in proximity 9
Isle of Wight
2 (6) 2 2 from CFMPs 0 7
New Forest
3 (13) 2 2 from SMPs 1 1 specific/in proximity 7
Stour 47
(17)
47 22 from CFMPs
21 from SMPs
4 from LLFA plans
0 16
Sub-total 128 (125)
100 40 from CFMPs 45 from SMPs 15 from LLFA plans
28 16 not in proximity 7 strategic/proximity unknown 5 specific/in proximity
% all measures
2
45% 35% 10% 16 (6%) 7 (2%) 5 (2%)
Overall Total
147 (138)
119 43 from CFMPs 61 from SMPs 15 from LLFA plans
28 see above
% all measures
2
52% 42% 43 (15%) 61 (21%) 15 (5%) 10% see above
1 all numbers are of 'screened in' measures, except those in brackets
2 all %s are of total of all 'screened in and out' measures
'in proximity' means being generally in the same part of the catchment (specific distances are not applied, but further detail is provided in the assessment) 'specific' is where a measure is place specific, 'strategic' is where a measure is catchment or RBD-wide 3 Measures across several catchments are counted up for each catchment for HRA purposes which may be a higher figure than
reported in the FRMP.
Of the total of 285 measures 52% have been screened in for HRA consideration (48%
screened out). All management catchments within the SE RBD have some screened in
measures and are considered further.
There are 22 measures that are RBD-wide and are considered in section 4.2.4.9.
There are no measures from neighbouring river basin districts that were included in SE RBD
catchments.
4.1.1 Risks from existing plan measures
42% of all FRMP measures (excluding Flood Risk Areas) are screened in and from existing
plans, 15% are from CFMPs and 21% from SMPs. Most risks are from SMP measures
where adverse effects identified in the SMP HRA for specific policy areas are being
addressed.
Most risks to European Sites that are being addressed by existing plans relate to the (21%)
measures in SMPs, and more specifically where the SMP is managing likely adverse effects,
such as in the catchments of Rother, East Hampshire and New Forest.
4.1.2 Risks from new measures
10% of all FRMP measures (excluding Flood Risk Areas) are screened in and new
measures, 2% are strategic without locations, 6% are not in proximity to any European Sites
and 2% are more specific improvements that are in proximity to sites. The most likely risks
will be related to the development of local actions for the specific improvements in the next
FRMP cycle and can be found in the Test and Itchen and New Forest catchment and to a
lesser extent in the Arun and Western Streams and Isle of Wight catchments.
4.2 Screening and Likely Significant Effects
The management catchments that make up the SE RBD FRMP are set out in table 3 below.
The colour coding in the table summarises the nature and source of the bundle of measures,
which forms the basis for how each management catchment has been assessed. The
following sub-sections consider each of the management catchments in turn.
Table 3 Management Catchments of the SE RBD /FRMP
Management Catchment Category
Management Catchments
Management catchments with no European Sites present.
None
Management catchments with no ‘screened in’ measures.
None
Management catchments with all measures from existing plans.
- Rother
Management catchments with new measures.
- Isle of Wight
- New Forest
- Test and Itchen
- East Hampshire
- Arun & Western Streams
- Adur & Ouse
- Cuckmere & Pevensey Levels
- Stour
4.2.1 Management catchments with no European sites present
All management catchments within the South East RBD have European sites present,
therefore no management catchments have been ruled out of further consideration on this
basis.
4.2.2 Management Catchments with no ‘screened in’ measures
All management catchments within the South East RBD have screened in measures,
therefore no management catchments have been ruled out of further consideration on this
basis.
4.2.3 Management Catchments with all measures from existing plans
The following management catchments in the South East FRMP do not contain any FRMP
new measures; they contain only measures from existing plans.
This plan has already been subject to consultation and assessment, including HRA. The
HRA conclusions for those source plans have been referred to in each case.
4.2.3.1 Rother Management Catchment
European sites
New measures Existing plan measures
4 Screened in Screened out Screened in Screened out
0 0 19 13
The Rother management catchment contains 4 European sites. There are no new
measures within this catchment; all of the 32 measures are from existing plans.
There are eight measures which relate to public awareness and preparedness. There are
five measures which relate to recovery and review. These are screened out.
South Foreland to Beachy Head Shoreline Management Plan
One Rother District Council protection measure under the ‘Fairlight Cove coastal protections
works’ comprises works to increase the rock protection at the base of the cliffs to decrease
erosion is some 1km alongshore of the Hastings Cliffs SAC and 2km updrift of the
Dungeness to Pett Level SPA. The SMP identified no likely significant effect for this policy
unit due to distance from the European sites and the west to east drift direction.
One Environment Agency led protection measure for the replacement of Tillingham Sluice is
some 20km upstream of Dungeness to Pett Level SPA, proposed Ramsar and Dungeness
SAC. The Hythe Ranges Sea Defences is some 25km updrift of the Dover to Kingsdown
Cliffs SAC.
One Environment Agency led protection measure to enhance the operation and
maintenance of Marshlands Tidal Basin to the south of Dymchurch. This is some 4km
alongshore of the Dungeness SAC and proposed Dungeness, Romney Marsh and Rye Bay
SPA and Ramsar and some 30km updrift of the Dover to Kingsdown Cliffs SAC.
One Shepway District Council led protection measure for shingle recycling from Folkestone
to Hythe to maintain the existing sea defences, is some 15km updrift of the Dover to
Kingsdown Cliffs SAC.
One Environment Agency led protection measure for the Hythe Ranges sea defences, is
some 15km updrift of the Dover to Kingsdown Cliffs SAC.
One Shepway District Council protection measure comprises works to improve the
Coronation Parade structure in Folkestone and prevent future cliff erosion is some 10k
updrift of the Dover to Kingsdown Cliffs SAC
One Environment Agency led ‘other’ measure is to assess the strategic requirement for
habitat creation as a result of implementing short, medium and long term polices of the
South Foreland to Beachy Head Shoreline Management Plan on European sites. This high
level assessment is not likely to lead to significant effects.
One Environment Agency led protection measure at Nook Point to Cliff End, under ‘Pett
Shingle Recycling’ is an existing operation, which is subject to annual review with Natural
England under the Habitats Regulations of potential impacts on the Dungeness to Pett Level
SPA (including the extension), and proposed Dungeness, Romney Marsh and Rye Bay
pRamsar.
One Environment Agency led protection measure at Broomhill Sands under ‘The Broomhill
Sands Coastal Defence scheme’ has already been consented following an assessment
under the Habitats Regulations, which considered the pSPA extension and pRamsar as
material considerations, with construction due for completion in December 2015.
One Environment Agency led protection measure adjacent to Broomhill Sands which is the
refurbishment of Jurys Gap Tidal Basin is currently undergoing consent under the Habitats
Regulations with no Likely Significant Effect identified from the works.
One Shepway District Council led protection measure for ‘Greatstone Dunes Management’
is within the Dungeness SAC. The measure comprises the ongoing maintenance of fencing
to retain sand within the dune network to maintain stability, which is subject to existing
agreement with Natural England and is considered not to have a likely significant effect on
the European interest features.
Three Environment Agency led protection measures comprised of Rother Tidal Walls East,
Lydd Ranges Sea Defences and Romney Sands Sea Defences are currently being
progressed together as a package subject to project level Habitats Regulations Assessment
further to the Folkestone to Cliff End Coastal Defence Strategy IROPI case, regarding
Dungeness SAC and the proposed Dungeness, Romney Marsh and Rye Bay pSPA and
pRamsar.
One Environment Agency led protection measure to continue maintenance of shingle
recycling from the Denge Beach Management Plan at Dungeness to Jury’s Gap, is currently
subject to annual agreement with Natural England. This has been considered within the
consented Broomhill Sands Habitats Regulations Assessment and the consented Broomhill
Sands Extension. The shingle recycling to Dungeness Power Station as part of the same
measure is already consented as part of the current Denge Beach Management Plan which
is reviewed annually subject to consideration of potential impacts on Dungeness SAC and
the proposed Dungeness, Romney Marsh and Rye Bay SPA extension and Ramsar.
One Environment Agency led protection measures, ‘Littlestone beach recharge’ is for a
capital recharge which will be informed by the current Denge Beach Management Plan. This
site is within the proposed Dungeness, Romney Marsh and Rye Bay pSPA and pRamsar
and adjacent to the Dungeness SAC.
An Appropriate Assessment was carried out as part of the SMP. The Appropriate
Assessment concluded that implementation of the SMP:
may have an adverse effect on the integrity of the Dungeness to Pett SPA;
will have an adverse effect on the integrity of the Dungeness SAC;
will not have a likely significant effect on the Dover to Kingsdown Cliffs SAC,
Hastings Cliffs SAC or the Pevensey Levels Ramsar site;
will not have any adverse effects as a result of in-combination effects with other plans
and programmes.
Consequently, an application was made to the Secretary of State for Environment, Food and
Rural Affairs to consider the case for Overriding Public Interest. This case was accepted by
Defra who consequently confirmed that they had no objections to the intention to approve
the SMP. Compensatory measures are to be developed by the Regional Habitat Creation
Programme. Consideration of additional impacts on the pSPA and pRamsar will be a
material consideration in the development of the proposals and will be considered at the
project level.
Rother and Romney Catchment Flood Management Plan
Two existing protection measures are to undertake maintenance. One is to carry out in-
channel maintenance work such as weed cutting and desilting along the main river and
another measure to carry out maintenance of existing flood risk management assets,
including existing sluices, embankments, reservoirs, pumping stations, flood gates, and sea
defences are subject to existing agreements relative to the Dungeness to Pett Level SPA
and proposed Ramsar and Dungeness SAC about the mouth of the River Rother which are
reviewed annually with Natural England.
One Environment Agency led protection measure to investigate options to reinstate storage
of flood water within the flood plain of the Rother Valley may have effects on the Dungeness
to Pett Level SPA and proposed Dungeness, Romney Marsh and Rye Bay Ramsar. The
Rother and Romney CFMP HRA identifies that the increase in flooding that would occur in
the Rural Rother would be carried out via a managed approach and done in consultation
with Natural England.
The CFMP HRA, could not conclude that there will not be a likely significant effect on the
Dungeness SAC and Dungess SPA and Ramsar site. However, following an appropriate
assessment, it was concluded that the CFMP would not adversely affect the integrity of
the European sites.
Proposed Mitigation: Some existing measures cannot be put into effect until more detailed
appraisal and assessment has taken place at project level to show they have met the
requirements of the Habitat Regulations, and to take account of the material consideration of
the pSPA and pRamsar.
Some existing measures are currently subject to project level HRA that is assessing the
detailed measures and identifying appropriate mitigation where necessary.
The Imperative Reasons of Overriding Public Interest (IROPI) for the FoCES requires that
appropriate compensatory habitat needs to be secured before the schemes under it can
progress. The conclusions need to be considered relative to the additional interest features
for the Lydd Ranges Sea Defences and Romney Sands Sea Defences resulting from the
proposed extension (and name change of the Dungeness to Pett Level SPA to the
Dungeness, Romney Marsh and Rye Bay), including the proposed Ramsar designation
which was not considered by the FoCES due to uncertainty on boundary at the time of its
writing.
4.2.4 Management Catchments with New Measures
4.2.4.1 Isle of Wight Management Catchment
European sites
New measures Existing plan measures
7 Screened in Screened out Screened in Screened out
0 3 2 3
The Isle of Wight management catchment contains 7 European sites. In total there are 8
measures for the catchment, 3 of which are new measures.
The water dependent European Sites present protect habitats including maritime cliff and
slope, coastal and flood plain grazing marsh, lowland heathland, saline lagoons, intertidal
mudflats, coastal sand dunes, intertidal flats and seagrass beds and coastal vegetated
shingle. The Solent and Southampton Water is designated as a Ramsar site and as a
Special Protection Area, as it supports internationally important numbers of wintering
waterfowl and various rare invertebrates and plants.
New measures
There are three new plan measures which relate to public awareness and preparedness.
These measures have been screened out of consideration of likely significant effect.
Existing measures – Isle of Wight Catchment Flood Management Plan (CFMP)
There are two existing measures which relate to prevention. These measures have been
screened out of consideration of likely significant effect.
One existing protection measure is located on the Lukely Brook, which is a tributary of the
River Medina, some 1km upstream of the Solent & Southampton Water SPA and Ramsar
sites and Solent Maritime SAC. The scope of the works includes consideration of upstream
flood storage, raised defences and property level protection.
One existing protection measure is on the Monktonmead brook, within Ryde on the north
coast of the Isle of Wight, adjacent to the Solent & Southampton Water SPA and Ramsar
sites. The measure proposes to investigate and implement an option to reduce ongoing
blockage of the outfall.
The Isle of Wight CFMP HRA concluded a likely significant effect from taking further action
to sustain the current level of flood risk into the future. Predicted impacts identified
comprised a potential risk of increased erosion of inter-tidal habitats at low tide from
increased channel conveyance. The CFMP identified uncertainty as to whether adverse
effects on site integrity would occur, with the caveat for additional assessment
required at scheme level.
Proposed Mitigation: The protection measure at Ryde has been developed at scheme
level, with support from Natural England provided on the draft Habitats Regulations
Assessment, which concludes no likely significant effect on the eelgrass beds or
overwintering bird populations within the intertidal area from the options for maintaining
outfall capacity, conditional on mitigating any effect from scour at detailed design stage.
4.2.4.2 New Forest Catchment
European sites
New measures Existing plan measures
7 Screened in Screened out Screened in Screened out
1 0 2 13
The New Forest management catchment contains 7 European sites. In total there are 17
measures for the catchment, 1 of which are new measures.
The water dependent European Sites protect areas covering around half of the catchment.
There are 2 Special Protection Areas and Ramsar sites, which include the Solent and
Southampton Water as well as the New Forest itself, 2 Special Areas of Conservation which
again includes the Solent Maritime and the New Forest. Many of these sites support
important wetland habitats and species sensitive to changes in water levels and flow. There
is also the proposed Solent and Dorset Coast marine SPA which protects feeding and
roosting sites for three tern species of bird.
New measures
One protection measure at Bartley is within or in close proximity to the New Forest
SAC/SPA/ Ramsar site. This measure is investigating the potential for attenuating flood
waters through the creation of upstream storage alongside of other options. There is the
potential for changes in water level and flow as a result of this measure which could present
a low risk of disturbance to SAC and Ramsar features in particular from prolonged flooding
and increased turbidity.
The final solutions for these measures are not yet defined, the FRMP does not constrain
how or where the measures are implemented, and these measures will be subject to
subsequent appraisal and assessment at the project level. Project level control through the
consenting process for these measures, and associated requirements for consideration of
project level HRA (see sub-section below – Project Level Control and Mitigation) will ensure
these measures will not result in adverse effect on the European sites.
Given the avoidance and mitigation options available to ensure adequate project-level
controls are in place, the above strategic plan-level measures are screened as not likely
to lead to significant effect on the European sites. This is a plan-level conclusion and
does not remove the need for lower-tier HRA, nor does it influence the conclusions or
specific need for appropriate assessment to investigate mitigation options in more detail.
Existing measures
There are 11 existing plan measures which relate to preparedness and 2 to prevention.
These measures have been screened out of consideration of likely significant effect.
North Solent Shoreline Management Plan (SMP)
Two protection measures at Totton and Hythe are investigating options for improving the
standard of protection of coastal defences. The measures are in proximity or within the
Solent Maritime SAC and the Solent & Southampton Water SPA and Ramsar sites and the
proposed Solent and Dorset Coast marine SPA. There is the potential for footprint and
coastal squeeze effects on salt marsh and mud flat and their use by birds for both roosting
and feeding. An adverse effect on salt marsh and mud flat and their use by birds from
coastal squeeze from policies which seek to sustain or improve the standard of protection
and footprint impacts was identified by the North Solent SMP HRA. This is likely to be
relevant to these measures. There may be additional effects on high level roosts, and with
regards to the proposed Solent and Dorset Coast marine SPA, which have not been
assessed as part of the North Solent SMP.
Proposed Mitigation and compensation: The effects occurring on salt marsh and mud flat
resulting from coastal squeeze, have been assessed under the North Solent SMP Habitats
Regulations Assessment (HRA) and IROPI case, with impacts arising from Epoch 1,
mitigated through compensatory habitat which is currently establishing, further to the
Medmerry managed realignment scheme.
The Imperative Reasons of Overriding Public Interest (IROPI) for the North Solent SMP has
been signed off on the condition that the regional habitat creation programme records likely
impacts and subsequent habitat requirements and to identifies suitable sites for creation of
habitat to compensate for the adverse effects. The detail on location of compensatory and
mitigatory habitat for Natura effects shall come from scheme level assessment.
The SMP was able to identify through reference to Cox (2009b), that the network of feeding
and roost sites within the SPA/Ramsar site is important, not necessarily individual feeding
and roost sites alone, but that there were potential losses of high tide roost sites within
certain policy units. However a detailed assessment of potential effects on high level roosts
was not within the ambit of the North Solent SMP HRA. A study is currently underway to
supplement the North Solent SMP to identify where high level roosts occur, to inform
scheme level assessment of impact and mitigation for high level roosts.
The SMP HRA suggests that “the loss of habitat function can be mitigated through habitat
management, for example, creating new shingle islands within the estuaries or removing
scrub and woodland to create new areas for roosting. In addition, artificial roost and breeding
sites can be substituted by use of pontoons, although it is questionable whether these
artificial sites are of the same ecological value (Cox, 2009).”
4.2.4.3 East Hampshire
European sites
New measures Existing plan measures
9 Screened in Screened out Screened in Screened out
1 0 7 14
The East Hampshire management catchment contains 9 European sites. In total there are
22 measures for the catchment, 1 of which is a new measure.
The water dependent European sites within the catchment include the Solent Maritime SAC,
Solent and Southampton SPA/Ramsar, Chichester and Langstone SPA/Ramsar, Portsmouth
Harbour SPA/Ramsar, and Solent and Isle of Wight lagoons SAC. These are important
wetland habitats that support species sensitive to changes in water levels, quantity and
quality.
New measures
One protection measure is located at Petersfield on a tributary of the River Rother, which is
some 30km upstream of the Arun Valley SPA and Ramsar within the adjacent Arun and
Western Stream management catchment. Given the distance downstream to the European
sites, it is determined that this new measure is not likely to lead to significant effects.
The final solution for this measure is not yet defined, the FRMP does not constrain how or
where this measures is implemented, and will be subject to subsequent appraisal and
assessment at the project level.
At this strategic-plan level, a range of mitigation options have been identified. (see section
4.3.3 and also Table A.3 in Annex A). In light of the mitigation options available to
adequately avoid or mitigate for impacts, the new measures are screened as not likely to
lead to significant effect on European sites. This is a plan-level conclusion and does not
remove the need for lower-tier HRA, nor does it influence the conclusions or specific need
for appropriate assessment to investigate mitigation options in more detail.
Existing measures
There are 6 existing plan measures which relate to prevention and 8 existing plan measures
which relate to preparedness. These measures have been screened out of consideration of
likely significant effect.
Portsmouth Flood Risk Management Strategy
One ‘Other’ measure led by Portsmouth Unitary Authority, to consider options for the
Farlington Marshes future management relative to the adjacent M27, which is privately
owned by the Highways Agency.
Four protection measures led by Portsmouth Unitary Authority as Lead Local Flood Authority
(LLFA) are located at Southsea, North Portsea Island, Tipner and Portchester Castle,
adjacent to the Portsmouth Harbour SAC, SPA and Ramsar site and proposed Solent and
Dorset Coast marine SPA. All measures are to improve the standard of protection in line with
the Portsea Island and Portchester to Emsworth Coastal Defence Strategies under the
Portsmouth Flood Risk Management Strategy. The measure at North Portsea Island is to
sustain and improve the standard of protection where viable, linking with regeneration
opportunities. The measure at Tipner (Harbour Way to Twyford Avenue), is for a privately
owned defence dependent upon development to deliver an improved standard, with a
statutory requirement to maintain the coastal defences to minimise the risk of any potential
contaminates entering Portsmouth Harbour water body. The measure at Portchester Castle
is to improve the coastal defences against flooding to the existing community, and the A27,
in conjunction with the Trafalgar Wharf development. An adverse effect on salt marsh and
mud flat and their use by birds from coastal squeeze from policies which seek to sustain or
improve the standard of protection and footprint impacts was identified by the North Solent
SMP HRA. This is likely to be relevant to this measure. There may be additional effects on
high level roosts, which have not been assessed as part of the North Solent SMP.
The risks to European sites result from coastal management measures. These have been
assessed at the strategic level by HRAs for the Portsea Island and Porchester to Emsworth
strategies. These both concluded an adverse effect on the integrity of European sites as a
result of coastal squeeze effects. The HRAs demonstrated that there were ‘no alternatives’
to the preferred solutions and imperative reasons of overriding public interest (IROPI) and
public safety. Compensatory habitat is provided as part of the Medmerry managed
realignment scheme.
Portchester to Emsworth Coastal Defence Strategy
One existing protection measure at Farlington Marshes is located within the Chichester and
Langstone Harbours SPA and Ramsar site and adjacent to the Solent Maritime SAC. This
measure is an investigation into the potential to carry out the recommendations of the
Portchester to Emsworth strategy of tidal defence realignment and improvements, following
completion of the high roost study being carried out by the coastal partnership. The
Portchester to Emsworth Coastal Defence Strategy identifies that any potential managed
realignment route would be determined following further study, data collection to determine
the exact area of freshwater loss and inter-tidal habitat gain and appraisal. Should this prove
viable, the realignment will need review and assessment as part of the North Solent SMP
update process. The coastal cell currently has a policy of hold the line for all three epochs
with the potential for managed realignment in epoch 2 or 3 pending further studies.
The Portchester to Emsworth Coastal Defence Strategy Habitats Regulations Assessment
concluded an adverse effect on site integrity for the Portsmouth Harbour SAC, SPA and
Ramsar site due to coastal squeeze losses and small/direct losses as a result of ‘hold the
line’ options. The HRA demonstrated that there were ‘no alternatives’ to the preferred
solutions and imperative reasons of overriding public interest (IROPI) and public safety.
Compensatory habitat is provided as part of the Medmerry managed realignment scheme.
North Solent Shoreline Management Plan (SMP)
One Environment Agency led protection measure is located at Wallington. This measure is
to investigate options to reduce tidal flooding and the installation of flap valves on surface
water drainage outlets. This measure is located adjacent to the Portsmouth Harbour SAC,
SPA and Ramsar site and some 5km from the proposed Solent and Dorset Coast marine
SPA. There is the potential for footprint and coastal squeeze effects on salt marsh and mud
flat and their use by birds for both roosting and feeding. An adverse effect on salt marsh and
mud flat and their use by birds from coastal squeeze from policies which seek to sustain or
improve the standard of protection and footprint impacts was identified by the North Solent
SMP HRA. This is likely to be relevant to this measure. There may be additional effects on
high level roosts, and with regards to the proposed Solent and Dorset Coast marine SPA,
which have not been assessed as part of the North Solent SMP.
Proposed Mitigation and compensation: The effects occurring on salt marsh and mud flat
resulting from coastal squeeze, have been assessed under the North Solent SMP Habitats
Regulations Assessment (HRA) and IROPI case, with impacts arising from Epoch 1,
mitigated through compensatory habitat which is currently establishing, further to the
Medmerry managed realignment scheme.
The Imperative Reasons of Overriding Public Interest (IROPI) for the North Solent SMP has
been signed off on the condition that the regional habitat creation programme records likely
impacts and subsequent habitat requirements and identifies suitable sites for creation of
habitat to compensate for the adverse effects. The detail on location of compensatory and
mitigatory habitat for Natura effects shall come from scheme level assessment.
The SMP was able to identify through reference to Cox (2009b), that the network of feeding
and roost sites within the SPA/Ramsar site is important, not necessarily individual feeding
and roost sites alone, but that there were potential losses of high tide roost sites within
certain policy units. However a detailed assessment of potential effects on high level roosts
was not within the ambit of the North Solent SMP HRA. A study is currently underway to
supplement the North Solent SMP to identify where high level roosts occur, to inform
scheme level assessment of impact and mitigation for high level roosts.
The SMP HRA suggests that “the loss of habitat function can be mitigated through habitat
management, for example, creating new shingle islands within the estuaries or removing
scrub and woodland to create new areas for roosting. In addition, artificial roost and breeding
sites can be substituted by use of pontoons, although it is questionable whether these
artificial sites are of the same ecological value (Cox, 2009).”
Taking the above mitigation into account and with regards the Portsmouth Unitary Authority
led schemes, the Portchester to Emsworth Coastal Defence Strategy Habitats Regulations
Assessment identified that the nature and scale of any compensatory habitat provision
needed to be agreed with Natural England in advance of implementation of any schemes
which represent ‘adverse effect’.
4.2.4.4 Test and Itchen Management Catchment
European sites
New measures Existing plan measures
11 Screened in Screened out Screened in Screened out
3 31 5 1
The Test and Itchen management catchment contains 11 European sites. In total there are
40 measures for the catchment, 34 of which are new measures.
The water dependent European sites within the catchment include The River Itchen, which is
designated as a Special Area of Conservation (SAC) for its abundant and exceptionally rich
aquatic flora and fauna. Present along the coast are the Solent and Southampton Water
SPA and Ramsar and Solent Maritime SAC and proposed Dorset and Solent Coast marine
SPA.
New measures
There are six prevention measures. There are 22 preparedness measures and two recovery
and review measures. These have all been screened out.
One protection measure at Romsey on the River Test occurs some 6km upstream of the
Solent and Southampton Water SPA and Ramsar and Solent Maritime SAC and proposed
Dorset and Solent Coast marine SPA. The measure is to investigate options to include a
tilting weir to help divert water around Romsey. The Emer Bog SAC is located some 3km to
the east of Romsey, up the Tadburn Lake Stream. The measure has the potential to affect
the structure and extent of bog habitats from changes to water levels, flow, velocity, water
chemistry and the hydrological regime brought about by a reduction in frequency or duration
of flooding over time
One protection measure at Winchester, in close proximity to the River Itchen SAC comprises
an investigation into both temporary and permanent defences to protect central Winchester
from fluvial flooding. This measure has the potential for effects from/on the potential direct
loss/physical damage of in channel/bankside habitat, non-migratory fish, invertebrates and
otters in the plan footprint, constraining habitat migration downstream, and potential noise
and visual disturbance to mammals during any construction works.
One protection measure in the vicinity of Totton, to the west of Southampton is an
investigation to increase of the capacity of the open watercourses, reinstate existing ditches
and create of a new ditch to run parallel with Calmore Road, upstream of the the Solent and
Southampton Water SPA and Ramsar sites, the Solent Maritime SAC and the proposed
Dorset and Solent Coast marine SPA.
The final solutions for these measures are not yet defined, the FRMP does not constrain
how or where the measures are implemented, and these measures will be subject to
subsequent appraisal and assessment at the project level.
At this strategic-plan level, a range of mitigation options have been identified. (see section
4.3.3 and also Table A.3 Annex A). In light of the mitigation options available to adequately
avoid or mitigate for impacts, the new measures are screened as not likely to lead to
significant effect on European sites. This is a plan-level conclusion and does not remove
the need for lower-tier HRA, nor does it influence the conclusions or specific need for
appropriate assessment to investigate mitigation options in more detail.
Existing measures
There is one prevention measures. This has been screened out.
North Solent Shoreline Management Plan (SMP)
One ‘no measure’ in the vicinity of Totton, to the west of Southampton is located at Manor
House Farm, on the River Test, which is immediately upstream of the current extent of the
European sites. This measure is derived from the Selsey Bill to Hurst Spit SPA. The aim of
this measure is to work with the Regional Habitat Creation Programme (RHCP) to create
compensatory freshwater grazing marsh, as part of the requirements resulting from the
implementation of the North Solent SMP. Should this prove viable, this will involve land
acquisition, detailed design, construction and monitoring.
Southampton Flood Risk Management Strategy
There are three protection actions led by Southampton City Council Unitary Authority. One is
to designate structures/features that may play a role in flood risk management which are not
directly owned or maintained by SCC or Environment Agency, and another protection
measure aims to improve surface water management through a focus on hotspot locations
within Southampton. The third measure is to retrofit SuDS schemes to reduce flood risk,
improve the quality of surface water runoff and enhance amenity/biodiversity.
One protection measure led by the Southampton Unitary Authority as Lead Local Flood
Authority (LLFA) is to take forward the River Itchen Flood Alleviation Scheme to reduce flood
risk through the implementation of an interim height flood wall along the west bank of the
River Itchen, from Ocean Village for some 3km upstream. This measure is in close proximity
to the Solent and Southampton Water SPA and Ramsar sites, the Solent Maritime SAC and
the proposed Dorset and Solent Coast marine SPA. The HRA for the Southampton Coastal
Flood and Erosion Risk Management (CFERM) Strategy concluded no adverse effect for
this frontage, but it did not assess potential impacts on the draft Solent and Dorset
Coast Marine SPA.
Proposed Mitigation and compensation: The effects occurring on salt marsh and mud flat
resulting from coastal squeeze, have been assessed under the North Solent SMP Habitats
Regulations Assessment (HRA) and IROPI case, with impacts arising from Epoch 1,
mitigated through compensatory habitat which is currently establishing, further to the
Medmerry managed realignment scheme.
The Imperative Reasons of Overriding Public Interest (IROPI) for the North Solent SMP has
been signed off on the condition that the regional habitat creation programme records likely
impacts and subsequent habitat requirements and to identifies suitable sites for creation of
habitat to compensate for the adverse effects. The detail on location of compensatory and
mitigatory habitat for Natura effects shall come from scheme level assessment.
The SMP was able to identify through reference to Cox (2009b), that the network of feeding
and roost sites within the SPA/Ramsar site is important, not necessarily individual feeding
and roost sites alone, but that there were potential losses of high tide roost sites within
certain policy units. However a detailed assessment of potential effects on high level roosts
was not within the ambit of the North Solent SMP HRA. A study is currently underway to
supplement the North Solent SMP to identify where high level roosts occur, to inform
scheme level assessment of impact and mitigation for high level roosts.
The SMP HRA suggests that “the loss of habitat function can be mitigated through habitat
management, for example, creating new shingle islands within the estuaries or removing
scrub and woodland to create new areas for roosting. In addition, artificial roost and breeding
sites can be substituted by use of pontoons, although it is questionable whether these
artificial sites are of the same ecological value (Cox, 2009).”
4.2.4.5 Arun and Western Streams Management Catchment
European sites
New measures Existing plan measures
18 Screened in Screened out Screened in Screened out
7 0 15 11
The Arun and Western Streams management catchment contains 18 European sites. In total
there are 33 measures for the catchment, 7 of which are new measures.
The water dependent European sites present include Pagham Harbour SPA and Ramsar
and Chichester and Langstone Harbours SPA and Ramsar, Solent Maritime SAC and the
draft Solent and Dorset Coast Marine SPA. Further inland up the River Arun is the
freshwater Arun Valley SCI, SPA and Ramsar.
New measures
All of the new measures are protection measures.
Three Environment Agency led measures at Horsham; replace the manual sluice gate with a
fixed weir; and in partnership with West Sussex County Council at Billingshurst develop and
implement actions from a Surface Water Management Plan; and Loxwood, investigate
options for reducing flood risk. All measures are located some 15-30km upstream of the
Arun Valley SCI, SPA and Ramsar.
Three Arun District Council led measures at Kingston Gorse, Rustington and East Preston
are on small watercourses, which discharge to the open coast. The nearest alongshore
European site is some 50km to the east, at Pevensey Levels SCI, whilst against the easterly
current the proposed Solent and Dorset Coast Marine SPA at Middleton-on-Sea is some 6
to10km to the west.
Due to the distance of these measures to the European sites it is determined that these new
measures are not likely to lead to significant effects on the European sites.
One Environment Agency led measure is to work in partnership with Southern Water to
investigate options to reduce flood risk to properties in Emsworth from the West Brook and
the Nore Farm Stream. The small water bodies within Emsworth drain into the Chichester
and Langstone Harbours SPA and Ramsar and Solent Maritime SAC. These are large
intertidal areas dominated by coastal processes rather than minor fluvial inputs. This means
that the system is likely to be more resilient and robust to fluvial flood events. It is not
thought that any works would significantly affect site integrity as the catchment sizes are
small and so there will be limited volumes of fluvial floodwaters to deal with. In addition, with
rising sea levels, the freshwater inputs to the system will continue to be an important
component of the site. This measure is a duplication of an existing measure, but to include
partnership working.
The final solutions for these measures are not yet defined, the FRMP does not constrain
how or where the measures are implemented, and these measures will be subject to
subsequent appraisal and assessment at the project level.
At this strategic-plan level, a range of mitigation options have been identified. (see section
4.3.3 and also Table A.3 Annex A). In light of the mitigation options available to adequately
avoid or mitigate for impacts, the new measures are screened as not likely to lead to
significant effect on European sites. This is a plan-level conclusion and does not remove
the need for lower-tier HRA, nor does it influence the conclusions or specific need for
appropriate assessment to investigate mitigation options in more detail.
Existing measures
There is one existing plan measure which relates to prevention and ten existing plan
measures which relate to public awareness and preparedness. These measures have been
screened out of consideration of likely significant effect
There are 13 existing protection measures and 2 ‘other’ measures.
Arun and Western Streams Catchment Flood Management Plan (CFMP)
One Environment Agency led measure is to investigate options to reduce flood risk to
properties in Emsworth associated with the West Brook and the Nore Farm Streams. These
are small water bodies, which drain into the Chichester and Langstone Harbours SPA and
Ramsar and Solent Maritime SAC.
One West Sussex County Council led measure is to identify solutions through a Surface
Water Management Plan, which will help manage the fluvial flood risk and the surface water
flood risk on the Manhood Peninsula. The Arun CFMP HRA identifies that watercourses in
the Coastal Plain Unit do not drain into Pagham or Chichester Harbour and there are no
foreseen flood risk management activities for surface, sewer or groundwater flooding that will
be undertaken in the land adjacent to the Pagham Harbour in this Policy Unit.
One Environment Agency led protection measure north of Bognor Regis is to assess
sustainable and integrated flood risk management solutions for the Aldingbourne Rife
catchment, some 3km upstream of where this discharges through a coastal outfall into the
proposed Solent and Dorset Coast Marine SPA.
One Environment Agency led protection measure at Arundel is located some 10km
downstream of the Arun SAC, SPA and Ramsar.
One Environment Agency led protection measure in partnership with West Sussex County
Council aims to improve surface water flood risk in combination with small scale flood risk at
Angmering. The watercourse discharges well downstream of the Arun Valley SCI, SPA and
Ramsar, with no pathway of impact.
One Environment Agency led protection measure to consider the implementation of the
‘Lower Tidal River Arun Strategy’ through the withdrawal of maintenance from flood
defences in reaches of the Arun above Arundel.
The Arun CFMP HRA concluded that adverse effects on the Arun Valley SCI, SPA and
Ramsar could be avoided by continuing to protect the site. For other sites the effect of the
plan was uncertain due to the lack of detail on how the policies will be implemented. The
CFMP was signed off on the basis that it sets a strategic direction for flood risk
management, but this could not be implemented until more detailed assessment and
appraisal has taken place on plans and projects arising out of the CFMP to demonstrate that
they have met the requirements of the Habitat Regulations.
Beachy Head to Selsey Bill Shoreline Management Plan (SMP)
There are 9 measures from the Beachy Head to Selsey Bill Shoreline Management Plan.
One Environment Agency led protection measure to recharge the existing beach at Climping
is some kilometre alongshore from the European site.
Two Environment Agency led protection measures are located within or adjacent to Pagham
Harbour SPA and Ramsar. The measure at Sidlesham is currently investigating inland bank
improvements. The measure at Pagham village is currently investigating options to improve
the standard of protection for low lying areas.
One Chichester District Council protection measure is to investigate options for coastal
erosion management for Selsey, Bracklesham and East Wittering. Effects on the proposed
Solent and Dorset Coast Marine SPA may need to be considered. This is part of ongoing
beach management with habitats regulations assessment in place.
There are two ‘No measures’. One of these relates to continued environmental monitoring at
Medmerry. The other ‘No measure’ relates to consideration of discontinuing coastal
maintenance between Emsworth in the west through to the River Arun in the west.
Two Arun District Council led protection measures include groyne replacement at Aldwick
and the maintenance of beach condition and width at Middleton on Sea.
One Environment Agency led protection measure at Elmer comprises beach management
works including repairs to breakwaters. These measures are adjacent to or within the
proposed Solent and Dorset Coast Marine SPA.
The HRA of the Beachy Head to Selsey Bill SMP concluded that there will not be any
adverse effects on the integrity of European sites from the proposed policy options,
but it did not assess potential impacts on the draft Solent and Dorset Coast Marine SPA. It is
recommended that project level assessment is required to rule out any potential impacts on
the new marine site.
Proposed Mitigation: Measures are considered to be consistent with the higher level
assessment undertaken for the CFMP and SMP, and relevant strategies on the basis that
they cannot be put into effect until more detailed appraisal and assessment has taken place
on them to show they have met the requirements of the Habitats Regulations.
Where measures have previously been assessed under the Habitats Regulations or did not
have any interconnectivity with a European site, these will need to be reviewed for likely
significant effect relative to the proposed Solent and Dorset Coast Marine SPA.
4.2.4.6 Adur and Ouse Management Catchment
European sites
New measures Existing plan measures
4 Screened in Screened out Screened in Screened out
3 1 9 7
The Adur & Ouse management catchment contains 4 European sites. In total there are 20
measures for the catchment, 4 of which are new measures.
European sites are located on high ground throughout the catchment, with Ashdown Forest
SAC and SPA on the sandstone of the high weald, and Castle Hill SAC and Lewes Downs
SAC on the chalk down land overlooking Brighton and Lewes respectively. There is limited
fluvial connectivity to these European sites. The nearest water dependent European site to
the east of the management catchment with connectivity is the Pevensey Levels SAC,
located some 20km to the east.
New measures
One Lewes District Council led prevention measure comprises monitoring of cliffs between
Saltdean and Newhaven to inform erosion modelling prevention. This is screened out.
Two West Sussex County Council led protection measures are to develop surface water
management plans for Hassocks and for Lancing with associated works. The nearest
alongshore European site is some 40km to the east of Lancing, at Pevensey Levels SCI,
whilst against the easterly current, the proposed Solent and Dorset Coast Marine SPA at
Middleton-on-Sea is some 20km to the west. Hassocks is some 20km upstream of the coast
to the east of Lancing.
One Environment Agency led protection measure is to reduce flooding in the Barcombe area
on the River Ouse through wetland habitat creation, delivered through partnership as the
Middle Ouse WFD Mitigation and Wetland Habitat Creation. This measure on the River
Ouse is some 15km downstream of the Ashdown Forest SAC and SPA.
Given the lack of any inter connectivity to the European sites, these new measures are not
likely to lead to significant effects.
Existing measures
There are sixteen existing measures. There are five measures which relate to public
awareness and preparedness. There are two measures which relate to prevention. These
are screened out.
Adur Catchment Flood Management Plan (CFMP)
One Environment Agency led protection measure is to improve the banks of Ferring Rife
against flood risk resulting from tide locking.
The nearest alongshore European site is some 50km to the east, at Pevensey Levels SCI,
whilst against the easterly current, the proposed Solent and Dorset Coast Marine SPA at
Middleton-on-Sea is some 10km to the west.
An HRA was not required for the Adur CFMP due to the absence of any European
sites within the catchment.
Beachy Head to Selsey Bill Shoreline Management Plan (SMP)
Five Environment Agency led protection measures include (from west to east) beach
recharge between Shoreham and Lancing under the ‘Shoreham and Lancing Coastal
Defences Beach Management Plan’; the improvement of tidal walls through the ‘Shoreham
Adur Tidal Walls scheme; ongoing beach management and recycling at Seaford; an
improved standard of protection against flooding at Newhaven and the standard of flooding
sustained upstream at Southease.
Two Worthing Borough Council led protection measures comprise the maintenance and
improvement of coastal defences at both Worthing and Goring by sea, through the
replacement of timber groynes.
One combined Lewes District and Arun District Council protection measure comprises
monitoring of cliff retreat to inform future proactive management of risks at Peacehaven.
The nearest alongshore European site is some 50km to the east, at Pevensey Levels SCI,
whilst against the easterly current, the proposed Solent and Dorset Coast Marine SPA at
Middleton-on-Sea is some 10km to the west.
The HRA of the Beachy Head to Selsey Bill SMP concluded that there will not be any
adverse effects on the integrity of European sites from the proposed policy options.
4.2.4.7 Cuckmere and Pevensey Levels Management Catchment
European sites
New measures Existing plan measures
3 Screened in Screened out Screened in Screened out
6 2 13 7
The Cuckmere & Pevensey Levels management catchment contains 3 European sites. In
total there are 28 measures for the catchment, 8 of which are new measures.
The water dependent European sites present include the Pevensey Levels SAC and Ramsar
site. At the eastern extent of the catchment along the coast is the Hastings Cliffs SAC. The
interest features comprised of successional development of vegetation of Hastings Cliff SAC
are supported by the actively eroding soft cliffs.
New measures
One Environment Agency led prevention measure comprises the investigation of options for
future coastal defences following the end of the Pevensey Coastal Defence contract along
the Eastbourne, Pevensey Bay and Bexhill coastal frontages. However this is due to end in
2025 so will not result in any change within this FRMP cycle and has been screened out of
the assessment.
One Environment Agency led prevention measure comprises the desilting of some of the key
watercourses on the Pevensey Levels to aid conveyance, improve the SSSI and tackle
invasive species. This measure is considered necessary for the conservation management
of the interest features of the Pevensey Levels SCI and Ramsar site and in line with the
Pevensey Levels SSSI Water Level Management Plan which should support the interest
features of the SCI and Ramsar site. Due to the measure being necessary for the
management of the interest features of the site, this measure has been screened out of the
assessment.
One Environment Agency led prevention measure comprises an appraisal of the future
capacity of the Combe Haven sea outfall at Bulverhythe and St Leonards. Given the lack of
any inter connectivity to the European sites, this new measure is not likely to lead to
significant effects.
Three Environment Agency led protection measures along the Cuckmere River or its
tributaries include the review of the water level control structure at Upper Dicker,
investigation of opportunities to reduce flood risk and provide environmental enhancement
from the Knockhatch Stream, which flows west from Horsham and provision of improved
flood risk at Alfriston and West Dean. Given the lack of any inter connectivity to the
Pevensey Levels SCI and Ramsar, it is determined that these new measures are not
likely to lead to significant effects.
One Environment Agency led protection measures is located some 8km upstream of the
Pevensey Levels SCI and Ramsar site, around the headwaters of the Langley Sewer. This
measure is to investigate flow restrictions in Polegate and propose solutions to reduce flood
risk. Due to the distance upstream of the European sites and the localised nature of the
measure, it is determined that this new measures is not likely to lead to significant
effects.
One Hastings District Council led protection measures to undertake coastal defence works
from the Southern Water Outfall to the Pier in Hastings. Given the lack of any inter
connectivity to the Hastings Cliff SAC, it is determined that this new measure is not likely
to lead to significant effects.
Existing measures
There are 20 existing measures. There are seven measures which relate to public
awareness and preparedness. These are screened out.
Cuckmere and Sussex Havens CFMP
Two East Sussex County Council led prevention measures comprise surface water
management plans and localised actions at Hailsham and Heathfield. Heathfield is in the
upper River Cuckmere with no interconnectivity with the European sites. Hailsham is some
1km from the Pevensey Levels SCI and Ramsar and so exhibits potential interconnectivity
with this measure.
Two Environment Agency led protection measures comprise the identification of obsolete
structures in Bexhill, to encourage their removal by developers and the identification of any
local flow restrictions in Hastings.
One East Sussex County Council led protection measures with support from the
Environment Agency is to implement the action plan from the Bexhill surface water
management plan to reduce the risk of surface water flooding for Bexhill.
One Environment Agency led protection measure is to extend Egerton Park Coastal Outfall.
Two Environment Agency led protection measures along the upper Cuckmere River are to
improve flood risk at Hellingly, Grovebridge and Horam through increased flood storage
including an investigation into a flood attenuation reservoir on the Bull River.
The HRA for the Cuckmere and Sussex Havens CFMP concluded that the effects of the
policies on the integrity of the European sites were uncertain. Key risks were associated
with the Pevensey Levels SCI and Ramsar site, while it was concluded that there were no
likely significant effects on the Hastings Cliffs SAC. The CFMP was considered to provide a
strategic direction for flood risk management on the basis that the policies could not be given
effect without further HRA of the projects and plans arising out of the CFMP.
South Foreland to Beachy Head SMP
Two Environment Agency led protection measures comprise regular shingle recycling as
required from Sovereign Harbour (Eastbourne) to Cooden (Bexhill) under the Pevensey Bay
PPP, and at Bulverhythe Sea Defences.
One Hastings District Council led protection measure is to undertake coastal defence works.
One Eastbourne District Council led protection measure is to undertake beach management
coastal defence works at Eastbourne.
The HRA of the SMP concluded that there will not be any adverse effects on the
integrity of the Pevensey Levels SCI and Ramsar site or the Hastings Cliffs SAC from
the proposed policy options.
East Sussex Flood Risk Management Strategy
One measure is led by East Sussex County Council to carry out a Town Centre Surface
Water Assessment for Eastbourne. There is no pathway of impact on the Hastings Cliffs
SAC. Given the lack of any inter connectivity to the European sites, this existing measure
is not likely to lead to significant effects.
Proposed Mitigation: Cuckmere and Sussex Havens CFMP HRA identifies uncertainty of
adverse effect on site integrity on the Pevensey Levels SCI and Ramsar with the following
caveat, as agreed with Natural England, that it cannot be put into effect until more detailed
appraisal and assessment has been undertaken on plans or projects arising out of it to show
they have met the requirements of the Habitats Regulations.
4.2.4.8 Stour Management Catchment
European sites
New measures Existing plan measures
16 Screened in Screened out Screened in Screened out
0 11 47 6
The Stour management catchment contains 16 European sites. In total there are 64
measures for the catchment, 11 of which are new measures.
The water dependent European sites present include Thanet Coast, Sandwich Bay and
Stodmarsh which are all designated Ramsar sites, Special Protection Areas (SPA) and
Special Areas of Conservation (SAC). There is also the Dover to Kingsdown Cliffs SAC.
New measures
There are 11 new plan measures which relate to public awareness and preparedness.
These measures have been screened out of consideration of likely significant effect.
Existing measures
There are 6 existing plan measures which relate to recovery and review. These measures
have been screened out of consideration of likely significant effect.
Stour Catchment Flood Management Plan (CFMP)
There are 17 protection measures and 5 ‘other’ measures derived from the Stour CFMP. All
measures are led by the Environment Agency.
To provide an overview before considering how the measures fit with this, the Stour CFMP
HRA (2008) identifies no likely significant effect from policies on Sandwich Bay SAC, Thanet
Coast SAC or Dover to Kingsdown Cliffs SAC. However likely significant effects are
identified in summary from ‘a range of unspecified water management and flood risk
management actions and alterations to existing maintenance regimes’ that could affect the
following sites, as follows:
Stodmarsh SAC, SPA & Ramsar (Policy 6 – take action to increase the frequency of
flooding to deliver benefits locally or elsewhere (which may constitute an overall flood
risk reduction eg for habitat inundation))
Thanet Coast and Sandwich Bay SPA & Ramsar (Policy 3 – continue with existing or
alternative actions to manage flood risk at the current level (accepting that flood risk
will increase over time from this baseline))’
Impacts from the above policies are identified as resulting from potential changes to water
chemistry, changes to turbidity and simplification of habitat/communities, changes in surface
water flooding, changes in flow and velocity and changes in hydrological regime.
The measures are as follows:
Three protection measures comprise review of flood risk management options at South
Ashford under the ‘South Ashford Flood Alleviation Scheme’, a new replacement trash
screen for a culvert at Kennington, Ashford under the ‘Kennington Stream Trash Screen’ and
investigations into the proposed conveyance improvements work and the option for a high
flow channel at Sevington Mill under the ‘Ashford conveyance improvements’. These
measures are some 25km upstream of the Stodmarsh SAC/SPA/Ramsar.
One protection measure on the Little Stour River to improve standard of protection to
properties at Littlebourne and Wickhambreaux is some seven kilometres upstream of the
confluence with the River Stour, which is some 6km downstream of the Stodmarsh
SAC/SPA/Ramsar on a fluvially dominated system. The measures are located some 25km
upstream of the Thanet Coast and Sandwich Bay SPA and Ramsar and Sandwich Bay SAC.
One protection measure comprises a seven year desilt of a small section of the River Dour
within Dover town under the ‘River Dour Desiliting at Bridge Street’.
One protection measure is to undertake feasibility studies for potential flood risk
management schemes on the Great Stour and Little Stour Rivers, involving storage,
structure alterations, flood defence construction and relief channels under the ‘Great and
Little Stour Flood Alleviation Schemes’.
Three protection measures comprise catchment wide maintenance of main river, ongoing
maintenance of existing flood risk management assets and Great Stour flood wall repairs
from Grove Ferry to Sandwich.
Four protection measures comprise refurbishment of the Stour pumping stations, Stonar Cut
penstocks, Hacklinge and Worth Minnis pumping station and Seasalter Pumping Station.
Hacklinge and Worth Minnis are both within or adjacent to the Thanet Coast and Sandwich
Bay SPA and Ramsar, whilst Worth Minnis is adjacent to the Outer Thames Estuary SPA
and Thanet Coast SAC;
Three protection measures comprise CCTV surveys of culverts with clearance of debris and
asset maintenance on the Plenty Brook at Herne and at Kite Farm adjacent to the
Swalecliffe Brook at Tankerton, with the final measure on the Gorrel Stream Culvert.
Measures are upstream of Swalecliffe SAC and Thanet Coast and Sandwich Bay SPA and
Ramsar;
One protection measure within the Lower Stour is comprised of investigation into silt build up
on the Lower Stour, with dredging carried out where appropriate under the ‘Lower Stour
conveyance activities’; Upstream of Sandwich Bay SAC and Thanet Coast and Sandwich
Bay SPA and Ramsar;
Two ‘other’ measures comprise review of Stodmarsh Water Level Management Plan for the
Stodmarsh SSSI, and review of the Sandwich to Hacklinge Marshes Water Level
Management Plan for the SSSI of the same name, to ensure the areas are being managed
most effectively. The respective SSSI’s coincide with the Stodmarsh SAC, SPA and Ramsar
and the Thanet Coast and Sandwich Bay SPA and Ramsar and Sandwich Bay SAC.
Three ‘other’ measures comprise modelling studies to look at options to achieve WFD
objectives on the River Wingham, Ash Levels and Lampen Stream. Despite their being inter
connectivity from the Lampen Stream to the Stodmarsh SAC/SPA/Ramsar, due to the high
level nature of these measures, these measures are not likely to lead to significant effects.
Despite the potential for likely significant effects at scheme level, given the project level
controls in place, the CFMP HRA concluded that the plan is not likely to adversely affect
the integrity of the European sites.
Isle of Grain to South Foreland Shoreline Management Plan (SMP)
There are 20 protection measures and 1 ‘other’ measure derived from the SMP. Measures
are variously led by the Environment Agency, Canterbury District Council, Dover District
Council and Thanet District Council.
The measures are as follows:
One Environment Agency led ‘other’ measure is to assess the strategic requirement for
habitat creation as a result of implementing short, medium and long term polices of the
South Foreland to Beachy Head Shoreline Management Plan on European sites.
Three Environment Agency led protection measures include maintenance of current shingle
levels along the coastline to the south of Sandwich Bay, shingle recycling between Reculver
and Minnis Bay and Sandwich Bay Estate and Sandown Castle and shingle recharge
between the Northern Sea Wall and Pegwell Bay to Deal. These measures are coincident or
in proximity to Sandwich Bay SAC and Thanet Coast and Sandwich Bay SPA and Ramsar.
Three Dover District Council led protection measures are to maintain current shingle levels
along the coastline to the south of Sandown Castle at Deal and Kingsdown, with timber
groyne replacement from Walmer to Kingsdown. These measures are between some 0-5km
updrift of the Sandwich Bay SAC and Thanet Coast and Sandwich Bay SPA and Ramsar.
Five Thanet District Council led protection measures comprise refurbishment of assets as
follows: refurbishment or replacement of concrete groynes around the Thanet coastline;
repairs or replacement of existing assets within Broadstairs Harbour, Viking Bay to Dumpton
Gap and East of Epple to Westgate Bay, where some sea wall toe improvement work will
also be included; and refurbishment of the groyne which has toe protection provided by steel
sheet piles, under the ‘Broadstairs Harbour Flood Defence Scheme’. Measures are adjacent
or in proximity to Thanet Coast and Sandwich Bay Ramsar and SPA and Thanet Coast SAC.
One Thanet District Council led protection measure on Ramsgate main beach is to install
timber groynes to stabilise the beach, reduce recycling costs and hold much more material
at the north of the area of concern where insufficient material is naturally held. Measure is
some 1km alongshore and 1.5km west of Thanet Coast and Sandwich Bay SPA and
Ramsar. The Thanet Coast SAC is adjacent.
Three Canterbury District Council led protection measures comprise shingle works as
follows: shingle recharge at Seasalter and Tankerton and recycling of shingle at Herne Bay.
Works at Seasalter are likely within or adjacent to the Swale SPA and Ramsar. Works at
Tankerton are likely within or adjacent to Tankerton Slopes and Swalecliffe SAC and Thanet
Coast and Sandwich Bay SPA and Ramsar and Outer Thames Estuary SPA. Herne Bay is
some 1km alongshore of Thanet Coast and Sandwich Bay SPA and Ramsar and is adjacent
to the Outer Thames Estuary SPA.
Four Canterbury District Council led protection measures comprise refurbishment of assets
as follows: Reculver seawall refacing, rock protection at the west end to prevent outflanking
and grouting/block replacement to the Towers Apron; Replacement of the steel sheet piling
at Whitstable Harbour that forms the sea defence and also some gates and associated flood
defence structures; New timber groynes and beach recycling in stages to ensure protection
to the seawall from Hampton to Bishopstone; and improvement where feasible to the
existing groynes, with the possibility of toe reinforcement to protect the seawall, and beach
recycling to the east of Hampton Pier under ‘Studd Hill and Hampton coastal defence works.
One joint Canterbury District Council and Environment Agency led protection measure
repeats the above measure to reconstruct the sea wall at Whitstable, relative to the condition
of the piling.
Works at Whitstable Harbour are adjacent to the Outer Thames Estuary SAC and The Swale
SPA/Ramsar, whilst works at Reculver and from Hampton to Bishopstone are respectively
adjacent to Thanet Coast SAC and Thanet Coast and Sandwich Bay SPA.
The Isle of Grain to South Foreland SMP HRA (SMP HRA) identifies no likely significant
effect from policies which seek to hold the line or support no active intervention on the
Thanet Coast and Sandwich Bay SPA and Ramsar. The SMP HRA recommends where no
defences currently occur in front of the cliffs that these sections follow a policy of no active
intervention.
With regards the Sandwich Bay SAC and Dover to Kingsdown Cliffs SAC, the policies
within the SMP HRA were agreed as not likely to have significant environmental
effects.
Kent Surface Water Management Plan
Four Kent County Council led protection measures are to investigate options to reduce
surface water flood risk in the Church Street area of Deal, Whitstable, Margate and Dover.
Given these interventions are focused on the management of urban surface water
flooding there will be no likely significant effect on European sites.
Proposed Mitigation:
Stour Catchment Flood Management Plan (CFMP)
The Stour CFMP HRA identifies avoidance measures for implementation through an action
plan to ensure that the plan has no adverse effect on integrity of European sites of
Stodmarsh SAC, SPA & Ramsar and Thanet Coast and Sandwich Bay SPA & Ramsar. The
HRA highlights that its assessment at the plan level does not remove the need for an
assessment at the project level and that: “If a project is not consistent with the plan then a
new Stage 3 Habitats Regulations Assessment may be required. Furthermore, a project
may be entirely consistent with this plan but still require further Appropriate Assessment as
detail emerging at the scheme-design stage may identify additional impacts that have not
been assessed here. Any project arising out of the plan will ensure any adverse effects on
integrity of European site are avoided.”
Isle of Grain to South Foreland Shoreline Management Plan (SMP)
The SMP HRA identifies that if influences acting on the site, result in making the
conservation status of the habitat less favourable than it was before, then deterioration can
be considered to have occurred. This implies that scheme level assessment should be a
consideration in determining whether the above conclusions can be sustained. The SMP
HRA identifies that geomorphological and ecological surveys are likely to be required to
inform conditions necessary to best maintain site integrity and to increase the understanding
of sediment flux and habitat change through sea level rise for subsequent work.
4.2.4.9 District Wide New Measures
European sites
New measures Existing plan measures
61 Screened in Screened out Screened in Screened out
7 15 0 0
The South East District contains 61 European sites as explained within section 2.1. In total
there are 22 measures for the district, all of which are new measures
This section identifies measures which occur over the district.
New measures
There are 5 measures which relates to prevention, 8 measures which relate to public
awareness and preparedness and 2 measures which relates to recovery and review. These
measures have been screened out of consideration of likely significant effect.
There are 7 Environment Agency led protection measures which are high level and generic
and uniformly are unlikely to result in physical changes on the ground. These include the
assessment of whole life costs to set the optimum regime for maintaining and replacing
assets; identification of the most suitable maintenance regime for different catchments;
implement measures from strategic plans; identify potential options and promote works to
reduce the likelihood of flooding in areas where modelling has shown that there is an
unacceptable risk, or that have flooded in the past; review land allocation, de-culverting and
flood storage opportunities; incorporate climate change allowances into flood risk
management works; identify where natural flood management can help adapt to impacts of
climate change.
Given the general scope and the strategic scale of the measures, the FRMP does not
specify or constrain how or where measures are implemented. The measures will be subject
to project level control through the relevant consenting process and the associated
requirement for the consideration of project level HRA. At this strategic plan level, a range of
mitigation options have been identified (see section 4.3.3 and also Table A3 in Annex A). In
light of the mitigation options available to adequately avoid or mitigate for impacts, the
measures are screened as not likely to lead to significant effect on European sites.
This is a plan-level conclusion and does not remove the need for lower-tier HRA, nor does it
influence the conclusions or specific need for appropriate assessment to investigate
mitigation options in more detail.
4.3 Consideration of results and conclusion
The assessment of likely significant effects has been carried out for each catchment in turn.
The risks to European sites for those measures drawn from existing plans have been
considered with reference to existing HRAs and existing controls in place. The potential
risks arising from new strategic priorities for the next FRMP cycle have also been
considered.
In all catchments the conclusions are that likely significant effects can be avoided or
mitigated by appropriate controls and actions that are currently in place or will be in place at
a project level, when local actions are developed to implement the plan.
4.3.1 Risks from existing plan measures
74% of measures are from existing plans, of which 53% are from CFMPs and 22% from
SMPs. Most risks are from SMP measures where adverse effects identified in the SMP HRA
for specific policy areas are being addressed.
All risk management authorities responsible for implementing the measures in the FRMP
that are sourced from the existing CFMPs and SMPs, where risks to Europeans sites have
been identified, are required to take account of the HRAs of those plans (as identified in
section 4.2 above) and any mitigation proposals or statements made within them.
Most risks to European sites that are being addressed by existing plans relate to the (22%)
measures in SMPs, and more specifically where the SMP is managing likely adverse effects,
such as in the catchments of Rother, East Hampshire and New Forest.
4.3.2 Risks from new measures
21% of measures are new, of which 12% are strategic, 6% are not in proximity to any
European sites and 3% are more specific improvements that are in proximity to sites. The
most likely risks will be related to the development of local actions for the specific
improvements in the next FRMP cycle and can be found in the Test and Itchen and New
Forest catchment and to a lesser extent in the Arun and Western Streams and Isle of Wight
catchments.
4.3.3 Control and Mitigation for main risks from new cycle 1 measures
Controls
The principal controls for the development of local actions from new FRMP measures that
are more specific and are in the proximity of European sites comprise the consenting
procedures in place to assess proposed actions in order to authorise implementation.
Actions involving construction or creation of new, or changes to, alteration or improvement of
existing flood defence structures affecting main river are likely to require planning
permission. In some cases, flood risk management may ordinarily be permitted
development. Other types of actions may require controls under Flood Defence Consents
from the Environment Agency for main rivers or Lead Local Flood Authority (LLFA) for non-
main watercourses.
Where a European site is potentially affected, the need for project level HRA is determined
through the planning process, the required information is submitted with the planning
application, with the assessment being the responsibility of the local planning authority as
competent authority. A determination is made in consultation with Natural England. Even
where the action would normally be permitted development, approval of the local planning
authority is required where a development is likely to have a significant effect on a European
site.
As part of these consenting mechanisms, the measures cannot receive approval to proceed
until it has been demonstrated that they will not result in adverse effects on integrity of any
affected European sites. Or, where an adverse effect cannot be avoided, a case for
‘Imperative Reasons of Overriding Public Interest’ (IROPI) that includes the identification of
compensatory measures is approved by the Secretary of State for Environment, Food and
Rural Affairs. Table A3 in Annex A provides additional detail on the consenting processes
and the consideration of the Habitats Regulations as they relate to measures to address
flooding from the various flooding sources (e.g. main river, ordinary watercourses, tidal,
reservoir).
Mitigation
Implementation of measures at the subsequent tier of plan or project, if deemed likely to
result in significant effect on one or more European sites, may need to include mitigation to
avoid or reduce potential effects. Specification of mitigation should be tailored to the
specifics of a project, and to the sites and features potentially affected, through the project
level HRA process and through consultation with Natural England ideally early in a project’s
appraisal and design. That way, mitigation can be incorporated into the way that the project
is designed and built, tailored to the specifics of the site/s and their qualifying features, and
therefore be most effective in avoiding or reducing potential adverse effects.
Project-level mitigation for European site species would consider the potential impacts
arising from construction and operation of the project / measure, alongside any site specific
sensitivities of the affected species. Depending on the nature of the project, identification of
the use of habitats in proximity by qualifying species and the functioning role of those
supporting habitats affected, may either be established by existing data / studies or may
need to be established through site survey.
Construction-related mitigation should consider managing the timing of activities to avoid
ecologically sensitive periods, such as breeding, over-wintering or migratory passage
periods for birds, or migratory periods for anadromous fish. The exact timings for these
construction ‘windows’ may vary for different sites in the RBD, depending on the presence,
distribution and proximity of qualifying species present. Avoidance or reduction of visual or
noise disturbance to species may also consider the use of techniques such as screening,
segregation or establishing buffer zones, recognising that some species may be more
vulnerable or sensitive than others (for example different bird species can vary in their flight
response). For potential construction impacts on habitats, such as loss of habitat or physical
damage, key construction-focused mitigation should focus on the avoidance of working on,
or in proximity to sensitive habitats, and development of site sensitive construction
techniques. This may for example include avoiding heavy plant usage in particular areas, or
screening / creation of buffer zones to avoid any disturbance or physical damage. This can
be informed through site specific / project-level HRA, and supporting survey where
necessary, to establish the presence, nature and sensitivities of potentially affected habitats.
For potential operational effects, sensitive and sympathetic design can minimise or avoid
effects, such as appropriate location or layout of any structures (set-back from sensitive
habitats) or minimising footprints where possible. Project-level HRA should also consider
potential changes in physical processes, such as changes to flows / velocities and the
physical regime, and potential water quality changes, for example due to the addition or
removal of a structure or a changed profile of the riparian zone / channel banks. Such
effects, as identified through the HRA, should inform a project’s appraisal and the building of
suitable mitigation into the design.
4.3.4 Conclusion
The assessment above has considered the FRMP information in RBD catchments that the
Environment Agency are responsible for and has screened the measures as having no likely
significant effect. This is concluded in light of the range of avoidance and mitigation
measures available.
Regulatory controls will identify any risks to European sites when the actions required to
implement the measures are developed. The FRMP itself also makes it clear that before any
measures in the plan are implemented they must be subject to the requirements of the
Habitats Regulations by the relevant competent authority. This is already the case for
measures from existing plans where HRAs have identified risks to European sites and where
any adverse effects that cannot be ruled out have been addressed through appropriate
mitigation and compensatory provision.
It is concluded that at this strategic-plan level, the measures are screened as being not likely
to have any significant effects on any European sites, alone or in combination with other
plans or projects (see chapter 6). Given this conclusion, there is no requirement to progress
to the next stage of the Habitats Regulations Assessment (an ‘appropriate assessment’ to
examine the question of adverse effect on the integrity of European sites). Lower-tier
assessments will be required and will be assisted by the information gathered in this high-
level assessment, but their conclusions will not be influenced by this HRA, and each
individual plan or project must be assessed as necessary in order to meet the requirements
of the Habitats Regulations.
5 Brighton and Hove Flood Risk Area HRA
This section sets out the results of carrying out the HRA on the measures for the Brighton
and Hove Flood Risk Area that are for flooding from local sources (ordinary watercourses
surface water, groundwater, etc.) and are the responsibility of the Lead Local Flood
Authorities (LLFAs) within the Flood Risk Area. This is the FRMP information for which these
LLFAs are the FRMP ‘statutory authority’ and HRA ‘competent authority’. This section covers
the following stages of the assessment:
Summary of measures being assessed
Screening and assessment of likely significant effects
Consideration of results and conclusion.
5.1 Summary of Measures
The initial screening and assessment of likely significant effects reviewed the measures for
the Brighton and Hove Flood Risk Area (FRA) as illustrated in Figure 3 below. An overall
summary of the LLFA FRA measures is presented in Table 4.
Figure 3 Map of the European sites in the Brighton and Hove FRA within the Adur and
Ouse Management Catchment
Table 4 Summary of Brighton and Hove FRA measures by catchment
Management Catchment
Nu
mb
er
of
me
as
ure
s s
cre
en
ed
in (
ou
t)
Nu
mb
er
of
me
as
ure
s f
rom
ex
isti
ng
pla
ns
Number of measures related to types of existing plans
Nu
mb
er
of
ne
w
me
as
ure
s f
or
cy
cle
1
Number of new measures and known level of detail
Nu
mb
er
of
Eu
rop
ea
n S
ite
s
Catchments with no screened in measures
All FRA catchments have some screened in measures.
Catchments with all measures from existing plans
All FRA catchments have new measures.
Catchments with new measures for cycle 1 of the FRMP
Adur and Ouse
4 (5)
4 4 from Brighton and Hove SWMP
0 1
Overall Total 4 (5)
4 4 from Local Strategies 0
% all measures2 44% 44% 44% from Local Strategies 0%
1 - all numbers are of 'screened in' measures, except those in brackets.
2 - all %s are of total of all 'screened in and out' measures.
'in proximity' means being generally in the same part of the catchment (specific distances are not applied, but further detail is provided in the assessment). 'specific' is where a measure is place specific, 'strategic' is where a measure is catchment or RBD-wide.
Of the total of 9 measures, 4 (44%) have been screened in for HRA consideration, and 5
(56%) screened out.
5.1.1 Risks from existing plans measures
All 4 measures are from existing plans, all of which are from the Brighton and Hove surface
water management plan (SWMP) which cover parts of the Adur and Ouse management
catchment.
5.2 Screening and Likely Significant Effects
5.2.1 Adur and Ouse Management Catchment
European sites
New measures Existing plan measures
1 Screened in Screened out Screened in Screened out
0 2 4 3
The Brighton and Hove Flood Risk Area (FRA) falls within the Adur & Ouse management
catchment, that contains 4 European sites. However the FRA only contains one: Castle Hill
SAC, which overlays the north eastern boundary of the FRA, with the settlement of
Woodingdean to the west. The Castle Hill SAC supports semi-natural dry grassland on chalk
substrate including an important assemblage of rare orchids. Threats within the Site
Improvement Plan for the site include undergrazing, fertiliser use and atmospheric nitrogen
deposition.
New measures
There are two new measures which relate to prevention. These measures have been
screened out of consideration of likely significant effect.
Existing measures - Brighton and Hove Unitary Authority Surface Water Management
Plan
There is one existing plan measure which relates to prevention and two plan measures
which relate to public awareness and preparedness. These measures have been screened
out of consideration of likely significant effect.
There are 4 existing protection measures as follows:
There is 1 Brighton and Hove Unitary Authority led protection measure, which is to
implement the recommended works from Brighton Marina to River Adur Flood and Coastal
Erosion Risk Management Strategy. This occurs along the shoreline over some 3km from
the European site.
There are 3 Brighton and Hove Unitary Authority led protection measures, which are to
implement minor works to improve surface water management within urbanised, lower lying
areas at Bevendean, Patcham and Caren Avenue over 3km from the European site.
Given the lack of any inter connectivity to the European sites, it is determined that these
existing measures are not likely to lead to significant effects.
5.2.2 Conclusion
At this strategic-plan level of the Brighton and Hove FRA the measures are screened as
being not likely to have any significant effects on any European sites, alone or in combination
with other plans or projects (see chapter 6). Given this conclusion, there is no requirement to
progress to the next stage of the Habitats Regulations Assessment (an ‘appropriate
assessment’ to examine the question of adverse effect on the integrity of European sites).
Lower-tier assessments will be required and will be assisted by the information gathered in
this high-level assessment, but their conclusions will not be influenced by this HRA, and each
individual plan or project must be assessed as necessary in order to meet the requirements
of the Habitats Regulations.
6 In combination effects with other plans and projects
The Habitats Directive and the Habitats Regulations require competent authorities to
consider the assessment of effects on a European site in combination with other plans or
projects. The Habitats Regulations Assessment of the FRMP has demonstrated that, for
those measures where there is a potential effect on a European site, there is insufficient
detail available at this stage to understand the site-specific context in terms of location or
outline design of the flood risk management solution to be able to assess the likely effects in
the detail necessary to advise on site-specific avoidance and mitigation required. Rather,
the assessment has set out the range of avoidance, mitigation and control measures that
can be applied, and there is enough confidence in the breadth and type of measures
available to screen out likely significant effects for the purposes of plan-level assessment.
The application of HRA requirements at the project or lower-tier plan level will take place
when a greater level of detail will be available. Given the lack of available information on the
location and design of solutions and therefore the associated effects, we are also unable to
meaningfully assess the in-combination effects with other plans and projects. This section
has therefore set out the types of plans and projects where interactions are possible and
more detailed consideration of these will be required in the HRAs for projects or lower tier
plans.
The potential for in-combination effects lies with the following potential interactions:
The RBD FRMP with the FRA FRMP
Between different RBD FRMPs
The RBD FRMP with other external plans within the RBD.
The in combination effects with existing Risk Management Authority plans during the period
of the plan, including Shoreline Management Plans, Catchment Flood Management Plans
and Local Strategies, have been considered as part of the FRMP assessments undertaken
within each RBD catchment and flood risk area (see previous sections). This is because the
FRMP has already considered how the objectives and measures of these existing plans
combine and relate to the 6 year cycle 2015 to 2021 of the FRMP.
6.1 RBD and FRA FRMPs
FRAs geographically overlay one or more RBD catchments and as distinct ‘plans’
addressing local flood sources may have measures that coincide with wider RBD catchment
measures addressing flooding from main rivers, sea and reservoirs. Together these
measures have the potential to cause in-combination effects on nearby European sites
depending on their nature, location and relationship. At the strategic-plan level of the HRA
such in-combination effects on specific European sites in unable to be considered. Instead
the HRA highlights where risks of in-combination effects may in general be higher and which
project level assessments should consider further as follows:
Most FRAs are in urban areas where there are less European sites present so most
measures are less likely to be in proximity to them
Most measures in FRAs are drawn from existing plans (local strategies and surface
water management plans) that will have considered their flood management
measures alongside any in the same strategic area under CFMPs and SMPs,
including any in-combination effects on European sites in any HRA.
The combination of measures with highest risks of in-combination effects not
considered under existing plans, will be where there are specific improvement
measures that are new in the FRMP under both the RBD catchment (main river/sea
flooding) and the FRA (local flooding) that are in close proximity to each other and a
European site.
6.2 In-combination effects between RBD FRMPs
The South East RBD shares a border with two other RBDs:
South West
Thames
There are some European sites that span these borders of the South East RBD.
In general more FRMP measures are located close to where the risks of flooding to people
and property are greatest and as a result less are located close to the water shed margins of
catchments that are the borders of RBDs. There are however, catchment or RBD wide
measures that relate to these borders and often involve working with natural processes. At
this level of the plan, the nature of such measures on any specific European sites that cross
RBD borders are not sufficient to identify effects and such measures are considered to result
in no likely significant effects to cross border European sites. Such effects may be important
for lower tier plans and project level assessments to consider when more details of the
measures and the effects are known.
6.3 In-combination effects with external plans
Potential for in-combination effects with external plans will depend on the specific locations
and design of actions or measures arising from the FRMP, external plan or project.
Nevertheless, a number of plans that could give rise to projects that have the potential to
contribute to an in-combination effect have been identified.
At this stage, given the uncertainty of location and design of measures in the FRMP, there is
limited value in examining other plans in detail and speculating on where interactions might
occur. The approach taken was to identify key plans that should be considered in the HRAs
for projects or lower tier plans or strategies, as described below. However, this is not a
definitive list; there are a range of plans and projects that will need to be taken account of in
the HRAs for lower-tier plans projects, when considering potential in-combination effects.
Local Plans: Local Plans set out a vision and a framework for the future development of the
area, addressing needs and opportunities in relation to housing, the economy, community
facilities and infrastructure – as well as a basis for safeguarding the environment, adapting to
climate change and securing good design. During their development and before they are
adopted, plans will be subject to an HRA where there is the potential for significant effects on
a European site or sites. Other local plans that may be relevant to also consider relate to
transport, minerals and waste.
Water Resource Management Plans: Water Companies including Southern Water,
Portsmouth Water, Affinity Water (formerly Veolia) an South East Water produce respective
water resource plans for the South East region.
South East Water, Water Resources Management Plan. 2013, comprises the majority of
Kent and East Sussex. The Habitats Regulations Assessment of this plan screens out any
potential significant effects for the south east river basin district.
Affinity Water (formerly Veolia), draft Water Resources Management Plan, 2013, comprises
the towns of Folkestone and Dover, together with surrounding rural areas including Romney
Marsh and Dungeness in Kent. The Habitats Regulations Assessment for this plan has not
yet been completed. However the final plan identifies that as part of the options appraisal
work on the Dungeness peninsular, that the abstraction level is significantly lower than
historic patterns and this appears to minimise the abstraction impact on these key areas,
with a future licence change proposed to restrict future daily and peak abstraction capability,
in conjunction with relocating two disused wells to maintain security of supply. This is likely
to benefit the interest features of the Dungeness SAC and Dungeness to Pett Level SPA and
proposed Ramsar site, through improving resilience to changes in the level of water
Portsmouth Water, Draft Water Resources Management Plan, 2014, comprises part of
Hampshire and West Sussex. There are not likely to be any in combination effects with the
FRMP resulting from the ‘Havant Thicket Winter Storage Reservoir Option A’. However there
is a potential benefit from this to ‘Manage pollution from rural areas’ as a result of reduced
nitrogen load once the reservoir is operational. The Habitats Regulations Assessment
identifies no likely significant effect on the Solent Maritime SAC, Chichester and Langstone
Harbours SPA and Ramsar, from the ‘Havant Thicket Winter Storage Reservoir Option A’
scheme, as a result of the control measures identified as follows: Subject to monitoring and
performance testing, annual reviews and the formal five-year review cycle, which monitors
the performance of the WRMP and allows for adjusted demand forecasts.
Southern Water Services Limited, Water Resources Management Plan (SWWRMP), 2014,
comprises various areas across the district, including the Isle of Wight, half of Hampshire
and West Sussex, and parts of East Sussex and Kent. There are not likely to be any in
combination effects with the FRMP resulting from groundwater abstraction for flow
augmentation on the Candover Stream, which is a tributary of the River Itchen, despite this
causing a change to the natural level of the water. However the control measures may
contribute to improving habitat through physical modifications. The Habitats Regulations
Assessment (HRA) for the SWWRMP, identifies no likely significant effects on the River
Itchen SAC, resulting from groundwater abstraction for flow augmentation on the Candover
Stream, from the following impacts, as a result of the control measures identified.
River Basin Management Plan (RBMP): RBMPs set statutory objectives for river, lake,
groundwater, estuarine and coastal water bodies and summarise the measures needed to
achieve them. Because water is linked to land, they also inform decisions on land-use
planning. The RBD that provides the spatial boundary for the FRMP is the same as that
used for the RBMP. The planning timeframe is also the same, so the plan for the period
2015-21 is currently being prepared. Water-dependent European sites are designated as
“Protected Areas” under the Water Framework Directive, and the RBMPs include measures
to ensure that the objectives for these areas are achieved. While it is unlikely that the plan
will result in a significant effect on a European site, an HRA is being undertaken to identify
any risks and unanticipated effects.
Marine Plans: Marine plans set out priorities and directions for future development within
the plan area, inform sustainable use of marine resources and help marine users understand
the best locations for their activities, including where new developments may be appropriate.
Marine plans are proposed for the inshore and offshore areas of England. Only interactions
with the inshore plan would be expected. Marine plans are required to be produced by
2021, but to date there is no draft plan for ‘South East Inshore’ and therefore it is not
possible to consider the potential for in-combination effects further.
7 Conclusion and Future HRAs
This HRA has been carried out at the level of published detail in the FRMP. For measures
from existing plans, the HRA has summarised the results from existing HRAs of these plans.
For any new strategic measures provided for the new FRMP cycle (2015-2021), the HRA
has considered the effects at a strategic level, as local actions will be developed at lower
tiers of plans or projects. The HRA has determined a conclusion for each of the two RMA
plans: South East RBD FRMP and the Brighton and Hove FRA FRMP. The HRA provides a
basis to identify options to avoid or mitigate for impacts to give confidence that the FRMP
can be screened as having no likely significant effect. The HRA also makes clear that these
will require further case-specific consideration during determination of any authorisations or
consents by the relevant competent authority as to their effects on European sites, and then
inform the appropriate mechanisms to be applied to secure any mitigation required.
The strategic nature of the FRMP limits the extent to which in-combination effects can be
considered. Nevertheless, the potential for in-combination effects has been considered and
a summary of the plans that will be important for assessments at project level to consider
have been identified.
The HRA conclusions for the FRMP is that there is sufficient scope for future
avoidance and mitigation to have confidence that the plan can be screened out of any
likely significant effects. This is based on controls already in place for measures from
existing plans (with agreed HRAs and the necessary avoidance, mitigation or
compensation secured), and controls that projects will have in place when developing
local actions for any new strategic measures in the FRMP.
Future HRAs should make specific reference to this strategic-plan HRA for risks related to
the ‘screened in’ measures where they are considered close enough to European sites to
need detailed consideration at project level. Future HRAs should also make specific
reference to HRAs for existing plans with agreed controls in place, and to any further
controls and mitigation in this strategic HRA related to any new strategic developments for
the new cycle of the FRMP.
This HRA does not remove the need for HRA at a subsequent level, i.e. lower-tier
strategies, plans or projects that implement measures, including the need for detailed
appropriate assessment where required.
As local actions are developed at a project level and the details of their scope and
scale are known, this may identify additional effects on European sites that have not
been assessed here, or were not appropriate to consider at this spatial scale of plan.
ANNEX A
Table A1 HRA screening table for the FRMP measure categories
Measure code
Measure description Screened in or out
Justification
M2 Prevention
M21 Prevention, avoidance measure to prevent the location of new or additional receptors in flood prone areas such as land use planning policies or regulation
Out Comprises prevention and avoidance measures therefore unlikely to result in physical intervention.
M22 Prevention, removal or relocation measure to remove receptors from flood prone areas or to relocate receptors to areas of lower risk
In Removal or relocation measures may involve physical intervention, with potential for effects on European sites where these interventions are in proximity. Screened in on a precautionary basis.
M23 Prevention, reduction measures to adapt receptors to reduce the adverse consequences in the event of a flood actions or buildings, public networks etc
Out Flood risk prevention / reduction / adaption to buildings etc will not result in physical interventions affecting European sites.
M24 Prevention, other prevention measures to enhance flood risk prevention (may include flood risk modelling and assessment, flood vulnerability assessment, maintenance programmes or policies etc)
Out Flood risk modelling / assessment will not result in physical interventions affecting European sites.
M3 Protection
M31 Natural flood management/run off and catchment management. Measures to reduce the flow into natural or artificial drainage systems such as overland flow interceptors and/or storage, enhancement of infiltration, etc and including in-channel, flood plan works and the reforestation of banks, that restore natural systems to help slow flow and store water.
In Measures comprise physical activities or interventions resulting in actual changes on the ground or effects on flows / movement of water and changes to physical processes.
M32 Water flow regulation. Measures involving physical intervention to regulate flows such as construction modification or removal of water retaining structures (e.g. dams or other on-line storage areas) or development of existing flow regulation rules and which have significant impact on the hydrological regime.
In
M33 Channel, coastal and floodplain works. Measures involving physical interventions to freshwater channels, mountain streams, estuaries, coastal water and flood prone areas of land, such as construction, modification or removal of structures or the alteration of channels, sediment dynamics, management dykes etc.
In
M34 Surface water management measures involving physical interventions to reduce surface water flooding, typically, but not exclusively in an urban environment such as enhancing artificial drainage capacity or through SuDS
In
M35 Other measures to enhance protection against flooding which may include In
Measure code
Measure description Screened in or out
Justification
flood defences, asset maintenance programmes or policies.
M4 Preparedness
M41 Flood forecasting and warning. Measures to establish or enhance a flood forecasting or warning system.
Out Measures do not comprise or result in physical changes or interventions.
M42 Emergency event response planning/contingency planning measures to establish or enhance flood event institutional emergency response planning
Out
M43 Public awareness and preparedness. Measures to establish the public awareness or preparedness for flood events.
Out
M44 Other measures to establish or enhance preparedness for flood events to reduce adverse consequences.
Out
M5 Recovery and review
M51 Recovery and review (planning for recovery and review phases is in principle part of preparedness) individual and society recovery, clean up and restoration activities (buildings, infrastructure etc). Health and mental health supporting actions, inc managing stress disaster financial assistance (grants, tax) inc disaster legal assistance, disaster unemployment assistance, temporary or permanent, relocation, other.
Out Measures on the whole do not comprise or result in physical changes or interventions. Measures involving physical activity are focused on restoration at a local level, i.e. buildings etc., none of which considered likely to result in physical effects on European sites.
M52 Environmental recovery, clean up and restoration activities (with several sub-topics as mould protection, well-water safety and securing hazardous material containers).
Out
M53 Other recovery, review and lessons learnt from flood events, insurance policies.
Out
M6 Other
M61 Other measures not fitting in to any of the other categories (M2-4) or their sub-categories.
In M61 code includes a variety of different kinds of measures, but includes measures such as habitat creation, floodplain restoration, managed realignment. Therefore screened in on a precautionary basis.
Table A2 Management Catchments and European sites in the SE RBD / FRMP
Management Catchment
European Site Management Catchment
European Site
Adur and Ouse Ashdown Forest (SAC)
Castle Hill (SAC)
Lewes Downs (SAC)
Ashdown forest (SPA)
New Forest The New Forest (SAC)
New Forest (SPA)
New Forest (Ramsar)
Solent & Isle of Wight Lagoons (SAC)
Solent Maritime (SAC)
Solent & Southampton Water (SPA)
Solent & Southampton Water (Ramsar)
Arun and
Western
Streams
Arun Valley (SAC)
Arun Valley (SPA)
Arun Valley (Ramsar)
Butser Hill (SAC)
Duncton to Bignor Escarpment (SAC)
East Hampshire Hangers (SAC)
Ebernoe Common (SAC)
Kingley Vale (SAC)
The Mens (SAC)
Rook Clift (SAC)
Singleton and Cocking Tunnels (SAC)
Woolmer Forest (SAC)
Solent Maritime (SAC)
Wealden Heaths Phase II (SPA)
Chichester and Langstone Harbours (SPA)
Chichester and Langstone Harbours (Ramsar)
Pagham Harbour (SPA)
Pagham Harbour (Ramsar)
Solent and Dorset Coast marine (SPA)
Rother Folkestone to Etchinghill Escarpment (SAC)
Dungeness (SAC)
Hastings Cliffs (SAC)
proposed Dungeness, Romney Marsh & Rye Bay
(SPA)
proposed ‘Dungeness, Romney Marsh & Rye Bay
(Ramsar)
Management Catchment
European Site Management Catchment
European Site
Cuckmere and
Pevensey
Levels
Hastings Cliff (SAC)
Pevensey Levels (SAC)
Pevensey Levels (Ramsar)
Stour Blean Complex (SAC)
Folkestone to Etchinghill Escarpment (SAC)
Stodmarsh (SAC)
Stodmarsh (SPA)
Stodmarsh (Ramsar)
Thanet Coast (SAC)
Thanet Coast & Sandwich Bay (SPA)
Thanet Coast & Sandwich Bay (Ramsar)
Parkgate Down (SAC)
Sandwich Bay (SAC)
Tankerton Slopes and Swalecliffe (SAC)
Dover to Kingsdown Cliffs (SAC)
Wye & Crundale Downs (SAC)
Lydden & Temple Ewell Downs (SAC)
The Swale (SPA)
The Swale (Ramsar)
East Hampshire Butser Hill (SAC)
Solent & Isle of Wight Lagoons (SAC)
Solent Maritime (SAC)
Chichester and Langstone Harbours (SPA)
Chichester and Langstone Harbours (Ramsar)
Portsmouth Harbour (SPA)
Portsmouth Harbour (Ramsar)
Solent & Southampton Water (SPA)
Solent & Southampton Water (Ramsar)
Solent and Dorset Coast marine (SPA)
Test and Itchen Mottisfont Bats (SAC)
Emer Bog (SAC)
Salisbury Plain (SAC)
The New Forest (SAC)
New Forest (SPA)
New Forest (Ramsar)
Solent Maritime (SAC)
River Itchen (SAC)
Porton Down (SPA)
Solent & Southampton Water (SPA)
Solent & Southampton Water (Ramsar)
Solent and Dorset Coast marine (SPA)
Isle of Wight Briddlesford Copses (SAC)
Isle of Wight Downs (SAC)
Management Catchment
European Site Management Catchment
European Site
South Wight Maritime (SAC)
Solent & Isle of Wight Lagoons (SAC)
Solent Maritime (SAC)
Solent & Southampton Water (SPA)
Solent & Southampton Water (Ramsar)
Solent and Dorset Coast marine (SPA)
Table A3 Mitigation and Control Measures
Flooding source Legal / consenting processes and consideration of Habitats Regulations
Measures to address flooding from rivers (main river)
Measures involving construction / creation of new, or changes to / alteration / improvement of existing flood defence structures and main river channels / floodplain generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.
Smaller scale measures for flood defence works, improvements or alterations to main river channels, and measures comprising maintenance, such as replacement, repair or refurbishment of existing structures, may not require planning permission, but fall under The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effect is predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.
Measures to flooding from rivers (ordinary watercourses)
Measures involving construction / creation of new, or changes to / alteration / improvement of existing flood defence structures and ordinary watercourse river channels / floodplain generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures involving works on or near all other watercourses that aren’t main river requires Ordinary Watercourse Consent from either the Lead Local Flood Authority (LLFA) or Internal Drainage Board (IDB). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the LLFA / IDB as competent authority.
Smaller scale measures for flood defence works, improvements or alterations to all other watercourses that aren’t main river, and measures comprising maintenance, such as replacement, repair or refurbishment of existing structures, may fall under The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.
Flooding source Legal / consenting processes and consideration of Habitats Regulations
Flooding from the Sea
Measures involving construction / creation of new, or changes to / alteration / improvement of existing coastal / tidal flood defence structures and estuary / coastal frontage (above mean low water) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures involving works below the mean high water spring tidal limit (including the waters of every estuary, river or channel where the tide flows up to the mean high water spring tide limit) require a Marine Works Licence from the Marine Management Organisation (MMO). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application. The HRA is determined by the MMO as competent authority.
Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.
Maintaining coast protection works does not require a marine licence when carried out by, or on behalf of, the Environment Agency or a coast protection authority, provided the activity is carried out within the existing boundaries of the works being maintained. Some coast protection works maintenance activities also do not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.
Coastal erosion
Measures involving construction / creation of new, or changes to / alteration / improvement of existing coastal / tidal flood defence structures and estuary / coastal frontage (above mean low water) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures involving works below the mean high water spring tidal limit require a Marine Works Licence from the Marine Management Organisation (MMO). Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application. The HRA is determined by the MMO as competent authority.
Measures involving works on or near a main river, flood or sea defences requires Flood Defence Consent from the Environment Agency, under the Water Resources Act 1991, Flood and Water Management Act 2010. Where a European site is potentially affected, the need for HRA is determined through the consenting process, with a HRA submitted with the consent application, determined by the Environment Agency as competent authority.
Flooding source Legal / consenting processes and consideration of Habitats Regulations
Maintaining coast protection works does not require a marine licence when carried out by, or on behalf of, the Environment Agency or a coast protection authority, provided the activity is carried out within the existing boundaries of the works being maintained. Some coast protection works maintenance activities also do not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.
Surface water flooding
Measures involving construction / creation of new, or changes to / alteration / improvement of existing structures to address surface water flooding (e.g. culverts, drainage ditches / channels) generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures to address surface water flooding in proximity to main river or ordinary watercourses requires Flood Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main river / ordinary watercourses).
Measures involving maintaining existing structures to address surface water flooding may not require planning permission, falling under the remit of The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined, and if likely significant effects predicted, Regulation 73 of the Habitats Regulations places a condition of any planning permission granted by a general development order, requiring written notification of approval of the local planning authority. HRA process then as for planning permission.
Groundwater flooding
Measures to address groundwater flooding in proximity to main river or ordinary watercourses requires Flood Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main river / ordinary watercourses).
Measures to address groundwater flooding involving the construction / creation of above ground structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Sewer flooding
Measures to address sewer flooding in proximity to main river or ordinary watercourses requires Flood Defence Consent / Ordinary Watercourse Consent from the Environment Agency / LLFA / IDB for work on or near all other watercourses that aren’t main rivers. HRA requirements as for measures to address flooding from rivers (main
Flooding source Legal / consenting processes and consideration of Habitats Regulations
river / ordinary watercourses).
Measures to address sewer flooding involving the construction / creation of above ground structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures to address sewer flooding involving the construction / creation of above ground structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Measures to address sewer flooding by sewerage undertakers may fall within their Permitted Development powers under authority The Town and Country Planning (General Permitted Development) Order 1995 (as amended). Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Flooding from reservoirs
New reservoirs / impounding structures, or alterations or removals of existing structures, require an Impoundment Licence from the Environment Agency (Water Resources Act 1991 (as amended by Water Act 2003), Environment Act 1995, Water Resources (Abstraction and Impounding) Regulations 2006). Where a European site is potentially affected, the need for HRA is determined through the licensing application process, with HRA determined by the Environment Agency as competent authority.
Measures involving construction / creation of new reservoirs / impounding structures, or changes to / alteration / of existing structures generally require planning permission from the local planning authority under the Town & Country Planning Act 1990. Where a European site is potentially affected, the need for HRA is determined through the planning process, with HRA submitted with the planning application, determined by the local planning authority as competent authority.
Annex B – South East RBD European sites
Site ID Name of Site SPA, SAC,
Ramsar
Area
(ha)*
UK0030366 Arun Valley SAC 487
UK0030080 Ashdown Forest SAC 2729
UK0013697 Blean Complex SAC 523
UK0030328 Briddlesford Copses SAC 167
UK0030103 Butser Hill SAC 239
UK0012836 Castle Hill SAC 115
UK0030330 Dover to Kingsdown Cliffs SAC 185
UK0030138 Duncton to Bignor Escarpment SAC 214
UK0013059 Dungeness SAC 3241
UK0012723 East Hampshire Hangers SAC 572
UK0012715 Ebernoe Common SAC 235
UK0030147 Emer Bog SAC 37
UK0012835 Folkestone to Etchinghill Escarpment SAC 187
UK0030165 Hastings Cliffs SAC 182
UK0016254 Isle of Wight Downs SAC 458
UK0012767 Kingley Vale SAC 201
UK0012832 Lewes Downs SAC 146
UK0012834 Lydden and Temple Ewell Downs SAC 63
UK0030334 Mottisfont Bats SAC 197
UK0030338 Parkgate Down SAC 7
UK0030367 Pevensey Levels SAC 3585
UK0012599 River Itchen SAC 304
UK0030058 Rook Clift SAC 11
UK0012683 Salisbury Plain SAC 21466
UK0013077 Sandwich Bay SAC 1137
UK0030337 Singleton and Cocking Tunnels SAC 2
UK0017073 Solent and Isle of Wight Lagoons SAC 38
UK0030059 Solent Maritime SAC 11243
UK0030061 South Wight Maritime SAC 19866
UK0030283 Stodmarsh SAC 565
UK0013107 Thanet Coast SAC 2816
UK0012716 The Mens SAC 205
UK0012557 The New Forest SAC 29254
UK0030304 Woolmer Forest SAC 670
UK0012831 Wye and Crundale Downs SAC 111
UK0030378 Tankerton Slopes and Swalecliffe candidate
SAC 13
UK9020281 Arun Valley SPA 530
UK9012181 Ashdown Forest SPA 3207
UK9011011 Chichester and Langstone Harbours SPA 5811
UK9012091 Dungeness to Pett Level3 SPA 1479
UK9011031 New Forest SPA 27998
UK9020309 Outer Thames Estuary SPA 379268
UK9012041 Pagham Harbour SPA 629
UK9011101 Porton Down SPA 1562
UK9011051 Portsmouth Harbour SPA 1250
UK9011061 Solent and Southampton Water SPA 5401
UK9012121 Stodmarsh SPA 481
UK9012071 Thanet Coast and Sandwich Bay SPA 1881
UK9012011 The Swale SPA 6510
UK9012132 Wealden Heaths Phase 2 SPA 2057
Solent and Dorset Coast
Proposed Marine
SPA UK11004 Arun Valley Ramsar 530
UK11013 Chichester and Langstone Harbours Ramsar 5811
UK11047 The New Forest Ramsar 27998
UK11052 Pagham Harbour Ramsar 629
UK11053 Pevensey Levels Ramsar 3585
UK11055 Portsmouth Harbour Ramsar 1250
UK11063 Solent and Southampton Water Ramsar 5306
UK11066 Stodmarsh Ramsar 481
UK11070 Thanet Coast and Sandwich Bay Ramsar 2182
UK11071 The Swale Ramsar 6510 Area denoted is for the entire designated area rather than the area within the RBD boundary.
3 Proposed name change to ‘Dungeness, Romney Marsh & Rye Bay SPA’ and extension, including proposed
Ramsar site of same name.
LIT 10249
www.gov.uk/environment-agency