Object

Representation ID: 24897

Received: 24/03/2021

Respondent: CEG Land Promotions Ltd

Agent: Lichfields

In summary, there are a number of errors which need to be addressed reflected in the next iteration of the HRA including:
1 Incorrect references in Table 3, page 47, to proposed allocated site BU/H (Sun Lane) as having a risk of likely significant effects upon the South Pennine Moors SAC/SPA, based on the presumption that the site is considered to have suitable supporting habitat types that could be used by the SPA birds. This assessment is incorrect as it has been established on the basis of objective evidence that the land is not used by SPA birds for foraging.
2 Lack of reference within the HRA of the draft Local Plan to the HRA adopted by the Secretary of State for application 16/07870/MAO, which was based on empirical evidence. Vantage Point surveys by Baker Consultants found no movement of birds between the SPA and the development site (or the surrounding land) and consequently, the SoS’s HRA of the Sun Lane development concluded the following basic principles which must be acknowledged in future iterations of the HRA:
i That land can only be supporting habitat if it is regularly used by SPA birds (i.e. those birds which are breeding on the SPA). The presence of SPA species on a development site does not prove that the development site contains supporting land as many of the species are widespread and are not associated with the SPA. If for example, the birds present are breeding on the land then they cannot, by definition, originate from the SPA and the land cannot, therefore, be considered as supporting habitat. This was established in the SoS’s HRA of Sun Lane.
ii That if birds such as golden plover are feeding on a development site, but they are not birds that are associated with the SPA, then the land is not supporting habitat for the SPA. Again, this point was established in the SoS’s HRA of Sun Lane where vantage point surveys established no movement of birds to and from Sun Lane and the SPA.