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BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text<br />

17.32 Policy E2: Estuary Related Land of the Adopted Local Plan restricts the use of land subject to this<br />

designation, which includes the Application Site. The policy also emphasises the need for<br />

development within the estuarine area to deliver no adverse effects on the Humber Flats and<br />

Marshes, Pyewipe and Cleethorpes Coast SSSI, SPA and Ramsar site (as it was then titled now it<br />

is known as the Humber Estuary SSSI, SPA, SAC and Ramsar site). The provisions of Policy E2<br />

are supported by Policy NH1: Sites of International and National Nature Conservation Importance,<br />

which delivers a presumption against development that would result in adverse effects (either<br />

directly or indirectly) on the conservation value of a designated or potential SSSI, a Ramsar site, a<br />

SPA or a SAC. It states that if adverse effects are predicted, the development will only be<br />

considered if the need outweighs the special interest of the site. It is also worth noting that the<br />

HRA that has been prepared to support the forthcoming LDF indicates that the development of<br />

new employment land is viewed as a source of risk for the Humber Estuary SSSI, SPA SAC and<br />

Ramsar site and that there remains ‘concern that there will be conflicts between the promotion of<br />

the expansion of employment land and the integrity of the Natura 2000 and Ramsar site.’<br />

17.33 The requirement for development proposals to be mindful of potential effects on biodiversity is<br />

applicable to species and habitats across <strong>North</strong> <strong>East</strong> <strong>Lincolnshire</strong>. A series of policies includes<br />

reference for the need to build mitigation into proposals as part of the design process and<br />

incorporate mechanisms for enforcement (Policy NH2: Sites of Local Nature Conservation<br />

Importance and Value; Policy NH3: Protected Species and emerging LDF Policy DM9:<br />

Safeguarding and Enhancing the Natural and Built Environment). In addition, the forthcoming LDF<br />

includes policies that seek to safeguard and enhance the quality of the natural and built<br />

environment in a more general sense (Policy DM9: Safeguarding and Enhancing the Natural and<br />

Built Environment; Policy DM10: Adapting to Climate Change; Policy SO5: Built and Natural<br />

Environment; and Policy SP2: Sustainable Development Principles).<br />

Conformity of Proposed Development<br />

17.34 The specialist assessment of potential ecological impacts arising from the Project is reported in<br />

Chapter 10 of this ES, supported by the preparation of a HRA Stage 2 AA Report 7 (see Appendix<br />

10A). The work undertaken indicates that the key designated features of relevance to this Project<br />

are the Humber Estuary SPA, SAC and Ramsar Site, all of which are underpinned by the Humber<br />

Estuary SSSI designation.<br />

17.35 Data have been sourced from records to identify the baseline characteristics of the Application<br />

Site, which have been explored further through the completion of an Extended Phase 1 Habitat<br />

Survey by suitably qualified ecologists in April 2011 (see Chapter 10 for full details). In summary,<br />

no protected SPA bird species were noted on the site; Middle Drain supports water voles; and<br />

although habitat suitable for great created newts was identified initially, by the time of survey the<br />

water bodies had dried up, rendering them unsuitable for the species and further surveys were<br />

aborted.<br />

17.36 No habitats of importance to nature conservation are to be lost as a result of proposed works. The<br />

development area consists primarily of arable land with a negligible value to nature conservation.<br />

The land take will be minimal with site compounds constructed within the redline boundary; with<br />

only one additional access route constructed off South Marsh Road.<br />

17.37 The ecological assessment concludes that there will be no adverse effects on the qualifying<br />

interest features of the Humber Estuary SPA, SAC and Ramsar Site, or on other habitats or<br />

notable species (see Chapter 10 for full details).<br />

17.38 Although significant negative impacts as a result of construction activities are not predicted a<br />

COMP has been proposed (which would be part of the CEMP) to enable the determination of<br />

whether working practices on site require amending to reduce the number of disturbance events<br />

(if applicable) and thus minimise negative impacts.<br />

5100935.404 Environmental Statement August 2011 291

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