Comment

Representation ID: 15297

Received: 11/10/2021

Respondent: Natural England

Policy ENV2 - Development Affecting Special Areas of Conservation (SACs)

We welcome the inclusion of this policy within the draft plan, however we do have some concerns.
10.19 (page 209) states that “Walsall and Wolverhampton Councils are part of the Cannock Chase SAC Partnership”. Walsall is not currently a formal member of the Cannock Chase Partnership and are not signed up to the Cannock Chase Partnership proposed mitigation scheme which is due to start in April 2022.

The European Site Conservation Objectives for Cannock Chase SAC identify in the Supplementary advice (pages 15/16 and 27/28) recreational disturbance and the direct and indirect damaging impacts it can have on the heathland’s flora and fauna as one of the biggest threats to Cannock Chase SAC. Erosion, path widening, trampling, arson, pollution of soil from horse dung and dog waste can change the vegetation over time away from heathland and disturbance in the breeding season also directly harms reptiles and birds that nest on the ground in the open heathland. The objectives for the SAC include ‘restore’ objectives for dry and wet heath which will require mitigation for cumulative, recreation impacts from new housing which would otherwise undermine the ‘restore’ objective by having an in combination impact.

The evidence base has shown that new dwellings and tourist accommodation within 15km of the Cannock Chase SAC are likely to lead to increased recreational impacts on the SAC and therefore to have an in combination adverse effect on integrity of the SAC without mitigation. Part of Wolverhampton and Walsall fall within 15km of Cannock Chase SAC (see figure 11 page 208), therefore to be able to conclude no adverse effect on integrity, mitigation is required. Walsall do not have a memorandum of understanding with the Cannock Chase Partnership or have their own
mitigation strategy in place to mitigate for recreational impacts, and we would advise that without one of these the Competent Authority will be unable to conclude no adverse effect on integrity and the Black
Country Local Plan will be unsound. We would advise Walsall Council to either agree a memorandum of understanding with the Cannock Chase Partnership on mitigation measures, or to devise their own
mitigation strategy to mitigate for recreational impacts on the SAC. An intention to do either would not provide enough certainty to conclude no adverse effects on integrity i.e. a suitable strategy would need
to be available in time for the Black Country Plan examination. We would expect to see this addressed in the Habitats Regulation Assessment (HRA), though we note that the HRA in the evidence base is only to the screening stage and advise that an appropriate assessment is required.

We would also advise, that currently the policy’s focus is on recreational impacts on Cannock Chase SAC and this does not align with the justification that also refers to air quality impacts on SACs, impacts on Fens Pools SAC and Cannock Extension Canal SAC. We would suggest either making this policy specifically about recreational impacts on Cannock Chase SAC and having a separate policy to address the other European/International protected sites/ issues or splitting the current policy up and
making it clearer to those who may not be aware of the issues, specifically what the policy is addressing. In addition this policy may require expanding following the completion of the Habitats Regulation Assessment.