THE BLACK COUNTRY LOCAL FLOOD RISK ......Walsall Council (WC) and Wolverhampton City Council (WCC),...

THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY HABITATS REGULATION ASSESSMENT SCREENING

OCTOBER 2015

Type of document (version) Project no: 50600596 Date: October 2015

– WSP | Parsons Brinckerhoff Three White Rose Office Park Millshaw Park Lane Leeds LS11 0DL Tel: +0 (0) 113 395 6200 Fax: +0 (0) 113 395 6201 www.wspgroup.com www.pbworld.com

THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY HABITATS REGULATIONS ASSESSMENT SCREENING The Black Country

Q U A L I T Y M A N A G E M E N T ISSUE/REVISION FIRST ISSUE REVISION 1 REVISION 2 REVISION 3

Remarks Draft

Date 28/10/2015

Prepared by Kim Bossingham

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Checked by Victoria Wilson

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Authorised by Nic Macmillan

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Project number 50600596

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File reference \04 projects\50600596 - Black Country SEA\5. HRA

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The Black Country Local Flood Risk Management Strategy WSP | Parsons Brinckerhoff The Black Country Project No 50600596 October 2015

TABLE OF CONTENTS 1 PROJECT BACKGROUND ..........................................................2

2 THE HABITATS REGULATIONS ASSESSMENT PROCESS .....4

3 INTRODUCTION TO THE BLACK COUNTRY LFRMS ...............7

4 IDENTIFYING THE EUROPEAN SITES .....................................14

5 PLANS AND PROGRAMMES FOR CONSIDERATION OF IN-COMBINATION EFFECTS ....................................................20

6 SCREENING ...............................................................................23

7 CONCLUSIONS ..........................................................................28

A P P E N D I C E S A P P E N D I X A FIGURES

APPENDIX A-1 FIGURE 1 – HABITATS DIRECTIVE SITES LOCATED WITHIN 10KM OF THE BLACK COUNTRY

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Abbreviations cSAC candidate Special Areas of Conservation DMBC Dudley Metropolitan Borough Council EA Environment Agency HRA Habitat Regulation Assessment IROPI imperative reasons of overriding public interest LAs Local Authorities LFRMS Local Flood Risk Management Strategy LLFA Lead Local Flood Authority PFRA Preliminary Flood Risk Assessment pSPA potential Special Protection Areas RBMP River Basin Management Plan SAC Special Areas of Conservation SCI Sites of Community Importance SMBC Solihull Metropolitan Borough Council SPA Special Protection Areas SuDS Sustainable Drainage System WC Walsall Council WCC Wolverhampton City Council

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1 PROJECT BACKGROUND 1.1 INTRODUCTION

1.1.1 This Screening Report has been prepared by WSP | Parsons Brinckerhoff on behalf of the Black Country Local Authorities (LA’s) as part of the statutory Habitats Regulations Assessment (HRA) of their Local Flood Risk Management Strategy (LFRMS). The Black Country LA’s comprise Sandwell Metropolitan Borough Council (SMBC), Dudley Metropolitan Borough Council (DMBC), Walsall Council (WC) and Wolverhampton City Council (WCC), which are collectively producing a joint LFRMS.

1.1.2 It is intended that the strategy will reflect the principles, aims and objectives of the National Flood and Coastal Erosion Risk Management Strategy for England. The strategy will address flooding from surface water, ground water and ordinary watercourses within the borough as a whole and also provide guidance on other sources of flooding such as from main rivers.

1.2 PURPOSE OF THIS REPORT

1.2.1 This report is the first stage in the HRA process, commonly referred to as Screening. It identifies whether or not the Black Country LFRMS is likely is likely to result in significant effects upon a European Site either alone or in-combination with other projects and plans, and subsequently whether or not an Appropriate Assessment will be required. If Appropriate Assessment is required, this document will outline its scope. Further details on the HRA stages are provided in Section 2.

1.3 BACKGROUND TO HABITATS REGULATIONS ASSESSMENT

1.3.1 Under Article 6 of the Habitats Directive, an assessment is required where a plan or a project may give rise to significant effects upon a Natura 2000 site (also known as a ‘European Site’).

1.3.2 Natura 2000 is a network of areas designated to conserve natural habitats and species that are rare, endangered, vulnerable or endemic within the European Community. This includes Special Areas of Conservation (SAC), designated under the Habitats Directive for their habitats and / or species of European importance, and Special Protection Areas (SPA), classified under Directive 2009/147/EC on the Conservation of Wild Birds (the codified version of Directive 79/409/EEC as amended) for rare, vulnerable and regularly occurring migratory bird species and internationally important wetlands.

1.3.3 In addition, it is a matter of law that candidate SACs (cSAC) and Sites of Community Importance (SCI) are considered in this process, furthermore, it is Government policy that sites designated under the 1971 Ramsar Convention for their internationally important wetlands (Ramsar sites) and potential SPA (pSPA) are also considered.

1.3.4 The requirements of the Habitats Directive are transposed into UK law by means of the Conservation of Habitats and Species Regulations 20101 as amended, referred to as ‘the Habitats Regulations’.

1 SI 2010/490 Conservation of Habitats and Species Regulations

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1.3.5 Paragraph 3, Article 6 of the Habitats Directive states that:

Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to paragraph 4 (see below), the competent national authority shall agree to the plan or project only having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public’.

1.3.6 Paragraph 4, Article 6 of the Habitats Directive states that:

‘If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project mush nevertheless be carried out for imperative reasons overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.’

1.3.7 The overarching aim of HRA is to determine, in view of a site’s conservation objectives and qualifying interests, whether a plan, either in isolation and / or in combination with other plans, would have a significant adverse effect on a European site. If the Screening (the first stage of the process, see Section 3 for details) concludes that significant adverse effects are likely, then Appropriate Assessment must be undertaken to determine whether there will be adverse effects on a sites integrity.

1.4 LEGISLATION AND GUIDANCE

1.4.1 This HRA Screening report has drawn upon the following legislation and guidance:

The Conservation of Habitats and Species Regulations 2010. In 2012, these Regulations were amended to transpose more clearly certain aspects of the Habitats Directive. No fundamental changes to the Regulations were made;

European Commission, Managing Natura 2000 sites: The provisions of Article 6 of the Habitats Directive 92/43/EEC;

European Commission, Guidance document on Article 6(4) of the Habitats Directive 92/43/EEC;

Technical Advice Note 5, Nature Conservation and Planning (2009); and

Draft Guidance For Plan Making Authorities in Wales – The Appraisal Of Plans Under The Habitats Directive, David Tyldesley Associates (November 2009, revised April 2010 and September 2012).

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2 THE HABITATS REGULATIONS ASSESSMENT PROCESS

2.1 STAGES IN HRA

2.1.1 This section provides an outline of the stages involved in HRA and specific methods that have been used in preparing this report.

2.1.2 The requirements of the Habitats Directive comprise four distinct stages:

Screening is the process which initially identifies the likely impacts upon a European site of a project or plan, either alone or in-combination with other projects or plans, and considers whether these impacts may have a significant effect on the integrity of the site’s qualifying habitats and / or species. It is important to note that the burden of evidence is to show, on the basis of objective information, that there will be no significant effect. If the effect may be significant, or is not known, that would trigger the need for an Appropriate Assessment. There is European Court of Justice case law to the effect that unless the likelihood of a significant effect can be ruled out on the basis of objective information, and adopting the precautionary principle, then an Appropriate Assessment must be made.

Appropriate Assessment is the detailed consideration of the impact on the integrity of the European site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s conservation objectives and its structure and function. This is to determine whether or not there will be adverse effects on the integrity of the site. This stage also includes the development of mitigation measures to avoid or reduce any possible impacts.

Assessment of alternative solutions is the process which examines alternative ways of achieving the objectives of the project or plan that would avoid adverse impacts on the integrity of the European site, should avoidance or mitigation measures be unable to cancel out adverse effects.

Assessment where no alternative solutions exist and where adverse impacts remain. At Stage 4, as assessment is made with regard to whether or not the development is necessary for imperative reasons of overriding public interest (IROPI). If it is, this stage also involves detailed assessment of the compensatory measures needed to protect and maintain the overall coherence of the Natura 2000 network.

2.1.3 This Draft guidance produced by David Tyldesley Associates prescribes a series outlined above. This is reproduced in Figure 2.1 below. This Screening Report corresponds with the first four stages in the flow-chart, pertaining to ‘Assess Likely Significant Effects’.

2.1.4 Those stages relating to assessing Likely Significant Effects are outlined in the following sections of this report:

Section 4 – Identifying the European sites: This section of the report corresponds with Stages 1 and 2 of Figure 2.1;

Section 5 – Identifying the other projects and plans for assessment of potential in-combination effects. This section of the report supports Stage 4 of Figure 2.1;

Section 6 – Screening the LFRMS: This section of the report corresponds with Stages 3 and 4 of Figure 2.1; and

Section 7 – Conclusions: This section of the report provides a conclusion on the Assessment of Likely Significant effects of the LFRMS on the European sites and concludes on the

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potential for in combination effects of other projects and plans. This section makes recommendations for further HRA if required.

Figure 2.1: Application of Regulation 102 of the Habitats Regulations to Plans – David Tyldesley Associates 2009

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2.2 IN-COMBINATION EFFECTS

2.2.1 As outlined in Section 2.1, it is necessary for HRA to consider in-combination effects with other plans and projects. Plans under consideration may range from neighbouring authorities’ planning documents down to sector specific strategic plans on such topics as flood risk.

2.2.2 It should be noted that in-combination effects only require consideration where the plan or project being assessed has an impact, whether significant or not. A conclusion of ‘Zero Effects’ negates the possibility of in-combination effects. Section 5.1.1 provides details of the relevant plans.

2.3 MITIGATION MEASURES

2.3.1 In preparing this report, consideration has been given to potential avoidance and mitigation measures which would serve to avoid adverse effects on the integrity of European sites, for example the provision of specific clauses within the strategy that may prevent effects occurring.

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3 INTRODUCTION TO THE BLACK COUNTRY LFRMS

3.1 BACKGROUND AND PURPOSE

3.1.1 Under the Flood and Water Management Act 2010 (the Act), each of the Boroughs became a Lead Local Flood Authority (LLFA) responsible for coordinating the management of local flood risk from surface water, groundwater and ordinary watercourses located within each respective Borough.

3.1.2 As an LLFA the Act requires them to ‘develop, maintain, apply and monitor’ a Flood Risk Management Strategy (LFRMS). The strategy will focus on local flood risk resulting from surface water, groundwater and ordinary watercourse flooding, as well as assess the interaction with Main River flooding. The strategy will also explain how the Borough will manage this flood risk, both now and in the future.

3.1.3 The Black Country is located within the West Midlands Conurbation. The Black Country is bordered by the administration areas of South Staffordshire Council, Cannock Chase Council, Lichfield District Council, Birmingham City Council and Bromsgrove District Council.

3.1.4 A number of historical flood events have occurred across the Black Country. These events tend to be a result of combinations of surface water runoff, inadequate drainage infrastructure, maintenance or debris issues, and interactions between different sources of flooding in the urban environment.

DUDLEY BOROUGH

3.1.5 A series of high points run from Dudley to Sedgley in the northern part of the borough act as a major watershed for surface waters. Watercourses to the north and east of this line flow to the River Tame and watercourses to the south and west flow into the River Stour.

3.1.6 Predominantly the area is underlain by Carboniferous rocks which contain a number of mudstones and sandstones with coal measures inter-bedded. In addition around Stourbridge and north to the Kingswinford the bedrock is made up of Triassic sandstones and gravels which act as a Principal Aquifer.

SANDWELL BOROUGH

3.1.7 The topography of the area is relatively flat with a variation of approximately 200m from the highest point to the lowest point within the boundary, although there are locations within the borough with relatively steep slopes. Watercourses within the Borough are predominantly culverted, with two significant exceptions to this: the River Tame which drains most of the borough, and the River Stour located in the south west. The Borough is located in the upper reaches of these river systems, which eventually flow into the River Trent and River Avon, a tributary of the River Severn, respectively. There is an extensive canal network throughout the Sandwell area including culverts and feeder streams.

3.1.8 The geology of the borough comprises a wide variety of bedrock and superficial deposits. Due to the legacy of industrial and mining operations there are also significant areas of artificial Made and Worked Ground. The solid bedrock includes Permo-Triassic Sandstones and Carboniferous Coal Measures which are a cyclical sequence of siltstone, mudstones, sandstone coal ironstone and claystone as well as some volcanic. The superficial deposits which overlie these deposits are

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predominantly till, silt and sand and gravel. These have resulted from glacial action and river deposition.

WALSALL BOROUGH

3.1.9 The largest and most important watercourse in the borough is the River Tame and its two primary tributaries, the Ford Brook and Sneyd Brook. These watercourses flow (eventually) into the River Trent and then on to the Humber. In addition, there are several canals within Walsall which include the Walsall Canal, the Rushall Canal, the Wyrley and Essington Canal and Daw End Canal

3.1.10 Predominantly the area is underlain by Carboniferous rocks which contain a number of mudstones and sandstones with coal measures inter-bedded. In addition, around Aldridge, the bedrock is made up of interbedded limestone and sandstone which act as a Principal Aquifer.

WOLVERHAMPTON CITY

3.1.11 The main watercourses in the borough are the Waterhead Brook (ordinary watercourse) in the north of the borough and the Smestow Brook (main river) that flows south westwards out of the borough in to Staffordshire. The Waterhead Brook is a tributary of the River Penk and is part of the River Trent Catchment. The Smestow Brook is a tributary of the River Stour and is part of the River Severn Catchment. In addition, there are several canals within Wolverhampton including the Birmingham Canal, the Wyrley and Essington Canal and the Staffordshire and Worcestershire Canal.

3.1.12 Predominantly in the west of Wolverhampton, the area is underlain by Triassic Rocks (undifferentiated) – Sandstone and Conglomerate, Interbedded. The east is predominantly made up of Mudstone, Siltstone, Coal, Ironstone and Ferricrete with the remaining areas manly being made up of Siltstone and Sandstone with Subordinate Mudstone.

3.2 WHAT WILL THE BLACK COUNTRY LFRMS CONTAIN?

STRUCTURE OF THE LFRMS

3.2.1 At the stage of writing this report, the LFRMS is being produced, and will also be subject to development following consultation. It includes the following elements:

Introduction – Provides an introduction and background to the Borough’s LFRMS including a brief introduction to the flood risk issues in the Borough and the scope of the strategy;

Vision and Aims – Outlines the vision and aims of the Black Country;

Context – Provides a background to the Black Country area including ground conditions and water sources. An overview of legislation, and national and regional policies relevant to the development of the LFRMS;

Partnership – This section outlines the overall structure of who is involved and in what capacity. Risk Management Authorities within the Borough are also detailed;

Assessment of Flood Risk in the Black Country – Provides information on historical flooding, and already adopted measures and schemes that are in the process of being delivered;

Objectives – This section sets out all the objectives and sub-objectives of the LFRMS;

Funding Opportunities – Reviews the nature and availability of national and local funding for future schemes;

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Strategy Impacts – Details the impacts on the Local Authorities within the Black Country, on partners, the Black Country citizens and developers;

Next Steps – Outlines that the LFRMS is an active document and will need annual reviews;

Action Plan – Outlines the actions to be taken as part of the LFRMS.

3.3 OBJECTIVES OF THE STRATEGY AND KEY ACTIONS

3.3.1 The overarching objective of the LFRMS is to set out how flood risks will be reduced and managed in the Borough. This is achieved through six objectives, which are detailed in Table 3.1.

Table 3.1 Key objectives of the Black Country LFRMS

REFERENCE OBJECTIVE

1 Understanding and communicating flood risk in the Black Country

2 Managing the likelihood and impacts of flooding

3 Helping the Black Country’s citizens to manage their own risk

4 Ensuring appropriate development in the Black Country

5 Improving flood prediction, warning and post flood recovery

6 Work in partnership with others to deliver the Local Strategy

3.3.2 To deliver the LFRMS objectives, the Local Authorities of the Black Country have identified measures and actions needed to achieve these objectives, as well as categorising the timescale for each measure, as detailed below in Table 3.2. Each of the measures and actions aim to be sustainable and centre on a risk-based proportionate approach that reflects the size and complexity of the flood risk.

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Table 3.2 Measures and Actions for each objective in the LFRMS

MEASURE(S) ACTION(S)

Objective 1 - Understanding and communicating flood risk in the Black Country

1A Develop a Flood Risk Management Plan for the West Midlands Cluster

Align aims, objectives and outcomes of the Humber and Severn River Basin Management Plan (RBMP) with the Local Flood Risk Management Strategy and other relevant policies, strategies and procedures.

Undertake further assessment of local flood risk with detailed hydraulic modelling where appropriate.

Identification of flood hotspot areas where flood risk management solutions could be developed.

Ensure that local authority planning and development strategies, development plans, Area Action Plans and Supplementary Planning Polices are aligned with the Black Country LFRMS.

1B Investigate locally significant incidents of flooding identifying sources and remedial actions with partners

Undertake flood investigations in line with Flood Investigation procedures.

Publish the results of flood investigations on local authority websites.

Incorporate all locally significant and other flood risk incidents into a GIS database.

1C Review and update the Preliminary Flood Risk Assessments for the Black Country

Black Country LLFA’s to complete review of the Dudley Preliminary Flood Risk Assessment (PFRA).

Black Country LLFA’s to complete review of the Sandwell PFRA.

Black Country LLFA’s to complete review of the Walsall PFRA.

Black Country LLFA’s to complete review of the Wolverhampton PFRA.

1D Develop and continue to maintain a register of flood risk management assets

Develop a GIS based register of structures, with details of ownership, state of repair, and the designation of such structures or features which may affect flood risk.

Develop a procedure for review and update of the asset register.

1E Engage with local communities to gain information of flood risk issues Key stakeholder workshops

1F Share knowledge and information on local flood risk with the residents of the Black Country

Develop the relevant sections of the local authorities’ websites to provide clear advice and guidance on flood risk and associated issues.

1G Ensure latest information is used in assessing local flood risk.

Adopt the latest version of the Environment Agency’s (EA) Risk of Flooding form Surface Water mapping as the locally agreed surface water flood risk information.

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Objective 2 – Managing the likelihood and impacts of flooding

2A Work with partners to reduce the impacts of flooding by targeting and prioritising maintenance at high risk locations and assets, enabling an efficient response to, and recovery from, flooding incidents.

Formalise relationships with the EA and Severn Trent Water, and take opportunities for collaborative and partnership working.

Develop a multi-agency preparedness plan to respond to flood events under the West Midlands Conurbation Local Resilience Forum.

Prepare a Pre Flood Action Plan activated by Met Office weather warning alerts. Once activated officers to inspect high risk assets and arrange emergency works if possible in time available.

2B Develop flood risk management schemes led by the Black Country authorities, seeking to make best use of available funding

Develop a programme of flood mitigation schemes and initiatives which are likely to be funded through the National Programme or Local Levy.

Identify and maximise all other funding sources including CIL, Council, partners and other external organisations, and maximise match-funding.

2C Work with partners to develop flood risk management schemes led by third parties, riparian landowners and stakeholders.

Make available council funds and services where appropriate to provide partnership contributions to flood risk management schemes.

2D Work to ensure ongoing management of existing flood risk and drainage assets.

Develop an affordable and suitable flood asset maintenance regime based on risk. Target and prioritise inspections and maintenance to high flood risk locations.

Preparation of a pre flood action plan identifying inspections and works required at critical locations.

2E Work to ensure compliance of all Local Authority owned assets with the Reservoirs Act Produce on-site and off-site reservoir safety plans for reservoirs owned by local authorities.

Objective 3 – Helping the Black Country’s citizens to manage their own risk

3A Continue to work with community flood groups and other local stakeholders

Support and attend local flood forums.

Support and work with community volunteer groups wherever possible.

Support community groups in developing local flood risk plans.

3B Work with residents to communicate the risks of flooding

Raising public awareness of and encouraging sign up to Floodline Warnings.

Provide information about how citizens can minimise flood risk and protect themselves during flooding

Issue guidance to help local communities to protect their home and valuables and understand what to do before a flood, during flooding and afterwards

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MEASURE(S) ACTION(S) Provide guidance and assistance to the public on Flood risk insurance matters

3C Work with residents and landowners to educate them with regards to their responsibilities for watercourse management

Provide guidance and information to those living near watercourses that have a responsibility for on-going maintenance (Riparian Owners).

Enforce riparian responsibilities where appropriate

3D Encourage local involvement in the development of flood risk management schemes

Give local communities a greater stake in project design and delivery at an early stage of flood risk management schemes

3E Encourage residents to share information on flooding incidents

Develop a web-based flood incident reporting tool to allow efficient notification of the relevant Lead Local Flood Authorities (LLFA) to incidents of flooding

3F Share knowledge and information with communities and residents

Develop a flood risk knowledge and information section on the council’s website providing links to key advisors including the EA, the National Flood Forum and LLFA officer contacts.

Objective 4 – Ensuring appropriate development in the Black Country

4A Develop a planning process to create clear advice and direction to developers on flood risk, drainage and SuDS.

Work with Local Planning Authorities to ensure flood risk and SuDS are properly considered during the planning application process.

LLFA’s to provide statutory consultee response on surface water drainage for major planning applications.

Produce developer guidance on the use of Sustainable Urban Drainage System (SuDS) in the Black Country to be available on the local authorities’ websites.

Develop a SuDS Handbook for the Black Country

Develop a policy on Urban Creep to ensure it is accounted for in new developments

4B Undertake consenting activities for ordinary watercourses

Develop a consenting and approval process with accompanying guidance for work to ordinary watercourses.

Make ordinary watercourse consenting guidance available on local authorities’ websites.

4C Promote the use of Sustainable Drainage Systems in new development

Ensure that developers make necessary contributions to the cost of SuDS and flood risk management activities through Section 106 agreements and/or the Community Infrastructure Levy.

Undertake the LLFA’s statutory consultee role on new major developments.

Develop SuDS handbook for the Black Country.

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4D Ensure compliance with Black Country Core Strategy (ENV5 Flood Risk) principles and objectives

Include specific requirements in the SuDs developer guidance and SuDS Handbook.

Objective 5 – Improving flood prediction, warning and post flood recovery

5A Work with partners to minimise the recovery time for residents and businesses from flooding events

Develop recovery contingency plans in case the local area is impacted by flooding (including business and economic recovery)

5B Establish a co-ordinated approach to the provision of temporary flood risk management measures.

Develop a co-ordinated approach to the supply of sandbags across the Black Country

Explore the potential for the use of alternatives to sandbags for provision of temporary flood defences

5C Work with partners to improve communications and advice given during flooding events.

Incorporate council emergency contact numbers in community flood plans.

Make appropriate use of social media to give advice during flood events.

Make use of alerts and news updates in the council’s websites to give advice during flood events.

5D Work with partners to understand trigger levels for local flooding events and develop local flood warning systems

Monitor rainfall and flow conditions in smaller catchments to enable flooding trigger levels to be established.

Work with local communities to establish local flood warning systems.

Objective 6 – Work in partnership with others to deliver the local strategy

6A Engage in regional networks for sharing of knowledge and best practice.

Learning best practice and sharing experiences through the EA Network Meetings

Continue with Black Country collaborative work

6B Improve the mechanisms of sharing of data and information between partners. Develop strategy for flood risk data and information sharing for officers, partners, stakeholders and the public

6C Engage with neighbouring LLFAs to facilitate a catchment based approach

Formalise engagement process with neighbouring LLFAs and quarterly meetings.

Formalise engagement process with flood action grounds through bi-annual meetings.

6D Continue to engage with flood action groups and other community groups in the delivery of local flood risk management

No specific action at time of draft HRA screening publication

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The Black Country Local Flood Risk Management Strategy WSP | Parsons Brinckerhoff The Black Country Project No Public50600596 October 2015

4 IDENTIFYING THE EUROPEAN SITES 4.1 APPROACH TO IDENTIFYING SITES

4.1.1 There are two European sites located within the Black Country, as detailed below in Section 4.2 and Table 4.1. In addition, sites outside of the borough may be relevant if they are connected via hydrological links or if mobile species from neighbouring sites have a significant functional link with areas within the borough, such as foraging. European sites within 10km are therefore deemed significant to the assessment and are detailed in Section 4.3 and below. Figure 1 presents the geographic location of these sites.

4.1.2 In summary, the European sites outside the borough boundary that have been identified are those that are:

Associated with ordinary watercourses that flow downstream to the Black Country. This might include riverine sites or those dependent on the watercourses. Mobile species may therefore include migratory fish and otters;

Are hydrologically linked, for example through groundwater or to ordinary watercourses in the Black Country. This might include peat land or wetland sites which are hydrologically linked or to mobile bird species from other sites which may be dependent on such habitats within the borough;

Downstream wetland sites; and

Areas outside of the borough hydrogeologically linked by aquifers.

4.2 EUROPEAN SITES LOCATED WITHIN THE BLACK COUNTRY AREA

4.2.1 The following European sites are located within, or partly within the borough:

Fens Pools SAC / SCI; and

Cannock Extension Canal SAC / SCI.

4.2.2 Summary information on these sites, why they have been designated and their potential to be affected by the actions within the LFRMS are set out in Table 4.3 below.

4.3 EUROPEAN SITES LOCATED OUTSIDE THE BLACK COUNTRY AREA

4.3.1 The following additional European site is located within, or partly within 10km of the Black Country boundary:

Cannock Chase SAC / SCI.

4.3.2 The Cannock Chase SAC is made up of a number of smaller sites of similarly important nature.

4.3.3 Summary information on this site, why it has been designated and the potential to be affected by the actions within the LFRMS are set out in Table 4.3 below.

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Table 4.1 Summary of European Sites located within the Black Country

SITE NAME DESIGNATION NUMBER

DESIGNATION STATUS

DATE OF DESIGNATION

QUALIFYING INTERESTS

SITE DESCRIPTIONS / CONSERVATION OBJECTIVES

SITE CONDITION

FACTORS CURRENTLY INFLUENCING THE SITE

VULNERABILITIES TO CHANGE / POTENTIAL EFFECTS OF THE PLAN

Fen’s Pool UK0012672 SAC / SCI April 2005 / December 2004

Great Crested Newt Triturus cristatus

This site comprises three canal feeder reservoirs and a series of smaller pools. They overlie Etruria marls and coal measures of the Carboniferous period. The site shows evidence of past industrial activities and includes a wide range of habitats from open water, swamp, fen and inundation communities to unimproved neutral and acidic grassland and scrub. Triturus cristatus occur as part of an important amphibian assemblage.

Favourable The Triturus cristatus population at this site is dependent on the control of fish, maintenance of adequate water quality given an urban catchment, and the protection of surrounding terrestrial habitat from major ground disturbance. The vulnerability of the breeding ponds is being reduced through factors such as desiccation, human disturbance, fish introductions and pollution by expanding the number of ponds in the current cluster. This action will also help mitigate the population’s relative isolation resulting from its urban setting. The post-industrial origins of much of the site’s surface material means that land contamination could be a possible future issue.

Fens Pool SAC / SCI is within the Dudley Borough and is 20.4 ha in size. The pools feed in to the Stourbridge Canal. Populations of Triturus cristatus are generally vulnerable to changes in water levels within the ponds. However, even though the southern portion of the site is at risk of flooding from surface water which, in turn, creates reservoir flood risk in the area, the population is currently considered to be in favourable condition. The LFRMS will provide measures to reduce flood risk across the study area and will potentially reduce the fluctuations in levels within the ponds during significant rainfall events. Locally, the water levels will either continue to fluctuate as they do at present or be improved to fluctuate less. Either outcome is likely to protect the population of Triturus cristatus.

Cannock Extension Canal

UK0012672 SAC / SCI April 2005 / December 2004

Luronium luronium natans

Cannock Extension Canal in central England is an example of anthropogenic, lowland habitat supporting floating water-plantain Luronium natans at the

Favourable / Unfavourable - recovering

The population of Luronium natans in this cul-de-sac canal is dependent upon a balanced level of boat traffic. If the canal is not used, the abundant growth of other aquatic macrophytes may shade-out the Luronium natans unless

Cannock Extension Canal SAC / SCI extends from Cannock Chase District in to the north of Walsall. As a canal structure away from the natural flow of the catchment, it is unlikely that the

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DESIGNATION STATUS

DATE OF DESIGNATION



SITE CONDITION



eastern limit of the plant’s natural distribution in England. A very large population of the species occurs in the Canal, which has a diverse aquatic flora and rich dragonfly fauna, indicative of good water quality. The low volume of boat traffic on this terminal branch of the Wyrley and Essington Canal has allowed open-water plants, including floating water-plantain, to flourish, while depressing the growth of emergents.

routinely controlled by cutting. An increase in recreational activity would be to the detriment of Luronium natans. Existing discharges of surface water run-off, principally from roads, cause some reduction in water quality.

SAC / SCI will be affected by the changes in flood risk brought about by the LFRMS.

Table 4.2 Summary of European Sites located within the 10km boundary of the Black Country


DESIGNATION STATUS

DATE OF DESIGNATION



SITE CONDITION



Cannock Chase

UK0030107 SAC / SCI April 2005 / March 2001

North Atlantic wet heaths with Erica tetralix / European dry heaths / white-clawed crayfish Austropotamobius pallipes / Great Crested Newt Triturus cristatus

The area of lowland heathland at Cannock Chase is the most extensive in the Midlands, although there have been losses due to fragmentation and scrub/woodland encroachment. The character of the vegetation is

Favourable Much of Cannock Chase falls within a popular and well-used Country Park. Visitor pressures include dog walking, horse riding, mountain biking and off-track activities such as orienteering, all of which cause disturbance and result in erosion, new track creation and vegetation damage.

Cannock Chase SAC / SCI is located approximately 8km to the north of Walsall and does not lie within a floodplain. The implementation of the LFRMS is unlikely to have any bearing on Cannock Chase as its distance from the Borough is such that any hydrological connectivity can be discounted.

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DESIGNATION STATUS

DATE OF DESIGNATION



SITE CONDITION



intermediate between the upland or northern heaths of England and Wales and those of southern counties. Dry heathland communities belong to NVC types H8 Calluna vulgaris – Ulex gallii and H9 Calluna vulgaris – Deschampsia flexuosa heaths. Within the heathland, species of northern latitudes occur, such as cowberry Vaccinium vitis-idaea and crowberry Empetrum nigrum. Cannock Chase has the main British population of the hybrid bilberry Vaccinium intermedium, a plant of restricted occurrence. There are important populations of butterflies and beetles, as well as European nightjar Caprimulgus europaeus and five species of bats.

Bracken invasion is significant, but is being controlled. Birch and pine scrub, much of the latter from surrounding commercial plantations, is continually invading the site and has to be controlled. High visitor usage and the fact that a significant proportion of the site is Common Land, requiring Secretary of State approval before fencing can take place, means that the reintroduction of sustainable management in the form of livestock grazing has many problems. Cannock Chase overlies coal measures which have been deep-mined. Mining fissures continue to appear across the site even though mining has ceased and this is thought to detrimentally affect site hydrology. Furthermore, the underlying Sherwood Sandstone is a major aquifer with water abstracted for public and industrial uses and the effects of this on the wetland features of the Chase are not fully understood.

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4.4 IMPACTS AND INFLUENCES OF THE LFRMS

4.4.1 As described above (in Section 4.1), it was first important to identify the likely impacts and influences of the LFRMS. The Draft LFRMS was reviewed and, in conjunction with the parallel Strategic Environmental Assessment (SEA), the following potential impact types were identified that may have some effect on European sites and their qualifying species.

Table 4.3 Potential Impacts and Influences of the LFRMS relative to European Site integrity IMPACTS AND INFLUENCES OF THE LFRMS

LIKELY HABITATS AND LOCATIONS AFFECTED

OUTCOME FOR IDENTIFIED EUROPEAN SITES

Effects on ordinary watercourses, for example:

Improved maintenance of watercourses to maintain flow and prevent blockages, causing increase flow downstream;

River channel naturalisation reducing flow;

Flood alleviation schemes that hold flood water in different locations;

Better implementation of SuDS to reduce direct flow into watercourses; and

WFD water quality schemes holding water at top of catchments.

Aquatic habitats associated with and dependant on ordinary watercourses within the downstream of the Borough. Terrestrial habitats that are sensitive to changes in water levels may also be affected.

Cannock Chase SAC / SCI is upstream from the Black Country As its distance away from the Black Country is such that any hydrological connectivity can be discounted. Cannock Extension Canal SAC / SCI is located upstream from ordinary watercourses, and as a canal structure away from the natural flow of the catchment and not dependant on ordinary watercourses, it is unlikely that the SAC / SCI will be affected. Fen’s Pools SAC / SCI is upstream from ordinary watercourses and includes feeder ponds for the Stourbridge Canal. As such it is unlikely to be impacted on by changes to the floodplain as a consequence of delivering the LFRMS.

Effects on surface water / sewer flooding:

Long term water industry investment to reduce DG5 flooding;

Improved maintenance of sewers to maintain flow and prevent blockages, causing increase flow downstream;

Improved maintenance of highways to maintain flow and prevent blockages, causing increase flow downstream; and

Better implementation of SuDS to reduce direct flow into watercourses.

Aquatic habitats associated with and dependant on ordinary watercourses within the downstream of the Borough. Terrestrial habitats that are sensitive to changes in water levels may also be affected.

Cannock Chase SAC / SCI is upstream from the Black Country. As its distance away from the Black Country is such that any hydrological connectivity can be discounted. Cannock Extension Canal SAC / SCI is located upstream from ordinary watercourses and, as a canal structure away from the natural flow of the catchment and not dependant on surface water ordinary watercourses, it is unlikely that the SAC / SCI will be affected. Fen’s Pools SAC / SCI is likely to be fed by the local surface water network and any changes to the local sewer network may change the flow regime, including fluctuation of water levels in the ponds that support Triturus cristatus. Any minimisation of water level fluctuation is considered to be a benefit.

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IMPACTS AND INFLUENCES OF THE LFRMS

LIKELY HABITATS AND LOCATIONS AFFECTED

OUTCOME FOR IDENTIFIED EUROPEAN SITES

Effects on groundwater flooding:

Maintenance of natural groundwater flow regime; and

Better implementation of SuDS may exacerbate groundwater flooding due to increased infiltration.

Fen’s Pools SAC / SCI is in an area designated for Secondary A bedrock. Cannock Extension Canal SAC / SCI is in Secondary A bedrock and secondary (undifferentiated) for superficial deposits. Cannock Chase SAC / SCI is in an area designated for Principal bedrock and secondary (undifferentiated) for superficial deposits. Only habitats located near to the flood plain that are sensitive to changes in groundwater levels are likely to be affected.

Cannock Chase SAC / SCI is upstream from the Black Country. As its distance away from the Black Country is such that any hydrological connectivity can be discounted. As a canal structure, Cannock Extension Canal SAC / SCI is not likely to be affected by groundwater changes. As the Fen’s Pools SAC / SCI are predominantly canal related structures, connectivity with groundwater is likely to be negligible for them to be functional to feed the Stourbridge Canal.

Effects on the floodplain, through better maintenance of and alterations to flood defences on ordinary watercourses.

Aquatic habitats located within the floodplain, associated with and dependent on ordinary watercourses within and downstream of the Borough. These could be located in both upland and lowland areas. Non aquatic habitats that are sensitive to changes in water levels may also be affected.

As the Fen’s Pools, Cannock Extension Canal and Cannock Chase SAC’s / SCI’s are not located in the floodplain it is therefore unlikely to be impacted on by changes to the floodplain as a consequence of delivering the LFRMS.

Effects on sea defences which are vulnerable to coastal erosion.

Coastal and estuarine habitats. Fen’s Pools, Cannock Extension Canal and Cannock Chase SAC’s / SCI’s are inland habitats. No effects on sea defences are likely.

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5 PLANS AND PROGRAMMES FOR CONSIDERATION OF IN-COMBINATION EFFECTS

5.1.1 As outlined in section 2.1, it is necessary for HRA to consider in-combination effects with other relevant plans and projects. Plans under consideration may range from neighbouring authorities’ planning documents down to sector specific strategic plans on such topics as flood risk. A review has been undertaken of plans and projects with the potential for in-combination effects with the LFRMS and these are listed in Table 5.1 below.

Table 5.1 Plans and Projects Considered for In-Combination Effects

RELEVANT PLAN / PROJECT OVERVIEW

Wolverhampton City Council

Black Country Core Strategy 2011;

Supplementary Planning Documents and Development Briefs

Local Area Action Plans; and

Unitary Development Plan.

Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF), published in March 2012, sets out the Government’s planning policies for England and must be taken in to account in the preparation of the development plan. It is also a material consideration in planning decisions.

The Borough Local Plan sets out how and where Wolverhampton will develop in the future. It outlines challenges facing Wolverhampton and how they will be addressed, the vision for the future of Wolverhampton, the strategy for achieving the vision, and policies and proposals to enable the Borough to grow and develop into the place we would like it to be.

Walsall Council

Black Country Core Strategy, 2011;

Supplementary Planning Documents and Guidance; and

Town Centre Area Action Plan.

The Borough Local Plan sets out how and where Walsall will develop in the future. It outlines challenges facing Walsall and how they will be addressed, the vision for the future of Walsall, the strategy for achieving the vision, and policies and proposals to enable the Borough to grow and develop into the place we would like it to be.

Sandwell Metropolitan Borough Council


Site Allocations and Delivery DPD; and

Area Action Plans for West Bromwich, Smethwick and Tipton.

The Borough Local Plan sets out how and where Sandwell will develop in the future. It outlines challenges facing Sandwell and how they will be addressed, the vision for the future of Sandwell, the strategy for achieving the vision, and policies and proposals to enable the Borough to grow and develop into the place we would like it to be.

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Dudley Metropolitan Borough Council


Area Action Plans;

Saved Unitary Development Plan;

The Community Infrastructure Levy;

The Statement of Community Involvement; and

Supplementary Planning Documents.

The Borough Local Plan sets out how and where Dudley will develop in the future. It outlines challenges facing Dudley and how they will be addressed, the vision for the future of Dudley, the strategy for achieving the vision, and policies and proposals to enable the Borough to grow and develop into the place we would like it to be.

South Staffordshire Council

The Adopted Core Strategy, 2012;

Supplementary Planning Documents and Guidance; and

South Staffordshire Waste Strategy, 2009.

The Borough Local Plan consists of the Core Strategy, Supplementary Planning Documents and Guidance and the Waste Strategy.

Cannock Chase Council

Core Strategy, 2014;

Rugeley Town Centre Area Action Plan; and

Site Specific Allocations and Planning Standards.

The Development Plan for the borough consists of the Core Strategy, Rugeley Town Centre Area Action Plan and the Site Specific Allocations and Planning Standards.

Lichfield District Council

Lichfield District Local Plan Strategy, 2008 – 2029;

Lichfield District Local Plan Saved Policies; and

Staffordshire and Stoke-on-Trent minerals and waste local plans.

The Development Plan for the borough consists of the Local Plan Strategy, saved policies and Minerals and Waste Local Plan for Staffordshire and Stoke-on-Trent.

Birmingham City Council

The Unitary Development Plan, 2005; and

The Local Development Framework for Birmingham consists of the UDP and Local Area Action Plans.

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Local Area Action Plans.

Wyre Forest District Council

Adopted Core Strategy, 2010;

Site Allocations and Policies Local Plan;

Kidderminster Central Area Action Plan, 2013;

Chaddesley Corbett Neighbourhood Plan, 2014; and

Supplementary Planning Documents.

The Development Plan consists of the Adopted Core Strategy, Site Allocations and Policies, Supplementary Planning Documents, Kidderminster Central Area Action Plan and Chaddesley Corbett Neighbourhood Plan.

The Black Country Strategic Flood Risk Assessment, 2009

The aim of the SFRA is to map all forms of flood risk across the Borough. Robust information on flood risk is essential to inform and support the Council’s revised flooding policies. The SFRA provides an overview of all sources of flood risk throughout the Borough, and will inform the preparation of the Development Plan and gives essential information for the allocation of land for development. The SFRA also helps to inform future planning decisions, including those made on planning applications.

A number of rivers flow through the Black Country including the River Tame, River Stour, and the Smestow and Ford Brooks. Flooding represents a risk to both property and life and therefore it is essential that planning decisions are informed and take due consideration of the risk posed to, and by, future development by flooding.

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6 SCREENING 6.1 CONTEXT

6.1.1 The LFRMS outlines a number of measures that will be adopted to help reduce and manage flood risk across the Boroughs. In most instances these aims are achieved through increased awareness, improved information (both for the public and the governing bodies) and ability to adapt to flooding events rather than physical changes to the Boroughs’ watercourses. There are, however, actions relating to planning permissions, implementation of SuDs and maintenance of ordinary watercourses that have the potential to impact on European Sites.

6.1.2 The European Sites included in the screening assessment have been identified in Tables 4.1 and 4.2, and the potential influences were identified in Table 4.3. The screening process has been split into two distinct stages, initial screening and detailed screening. The initial screening stage provides a high level screening ‘matrix style’ assessment to determine if the LFRMS could possibly lead to significant adverse effects on the European sites. The purpose of this is to eliminate those sites from the assessment which very clearly would not be affected by the strategy in order to focus on those sites where there was potential or uncertainty.

6.1.3 The sections below outline the initial and detailed screening of the LFRMS for the Boroughs.

6.2 INITIAL SCREENING OF THE SUB-OBJECTIVES, LOCAL OBJECTIVES AND MEASURES FOR DELIVERY

6.2.1 The initial screening of the LFRMS is presented in Table 6.1 below. The 30 measures were initially examined to determine their need for further detailed assessment. The notations below were used to indicate if further detailed assessment is required:

Further detailed assessment is required to determine the nature of effects on the European Site.

No further assessment is required as no effects are predicted on the European Site.

Table 6.1 Initial screening of LFRMS Measures

MEASURES FENS POOL SAC / SCI

CANNOCK EXTENSION CANAL SAC / SCI

CANNOCK CHASE SAC / SCI

1A: Develop a Flood Risk Management Plan for the West Midlands Cluster

1B: Investigate locally significant incidents of flooding identifying sources and remedial actions with partners

1C: Review and update the Preliminary Flood Risk Assessments for the Black Country

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1D: Develop and continue to maintain a register of flood risk management assets

1E: Engage with local communities to gain information of flood risk issues

1F: Share knowledge and information on local flood risk with the residents of the Black Country

1G: Ensure latest information is used in assessing local flood risk

2A: Work with partners to reduce the impacts of flooding by enabling an efficient response to, and recovery from, flooding incidents.

2B: Develop flood risk management schemes led by the Black Country authorities, seeking to make best use of available funding

2C: Work with partners to develop flood risk management schemes led by third parties, riparian landowners and stakeholders

2D: Work to ensure ongoing management of existing flood risk and drainage assets

2E: Work to ensure compliance of all Local Authority owned assets with the Reservoirs Act

3A: Continue to work with community flood groups and other local stakeholders

3B: Work with residents to communicate the risks of flooding

3C: Work with residents and landowners to educate them with regards to their responsibilities for watercourse management

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3D: Encourage local involvement in the development of flood risk management schemes

3E: Encourage residents to share information on flooding incidents

3F: Share knowledge and information with communities and residents

4A: Develop a planning process to create clear advice and direction to developers on flood risk, drainage and SuDS

4B: Undertake consenting activities for ordinary watercourses

4C: Promote the use of Sustainable Drainage Systems in new development

4D: Ensure compliance with Black Country Core Strategy (ENV5 Flood Risk) principals and objectives

5A: Work with partners to minimise the recovery time for residents and businesses from flooding events

5B: Establish a co-ordinated approach to the provision of temporary flood risk management measures

5C: Work with partners to improve communications and advice given during flooding events

5D: Work with partners to understand trigger levels for local flooding events and develop local flood warning systems

6A: Engage in regional networks for sharing of knowledge and best practice

6B: Improve the mechanisms of sharing of data and information between partners

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6C: Engage with neighbouring LLFAs to facilitate a catchment based approach

6D: Continue to engage with flood action groups and other community groups in the delivery of local flood risk management

6.2.2 As all of the items within the action plan have been screened out for further work, the overarching objectives, as set out below, are also screened out in all instances. It is considered that they will not cause a change to the environment and therefore the integrity of the European Sites will not be affected:

Objective 1 - Understanding and Communicating Flood Risk in the Black Country;

Objective 2 – Managing the likelihood and impacts of flooding;

Objective 3 – Helping the Black Country’s citizens to manage their own risk;

Objective 4 – Ensuring appropriate development in the Black Country;

Objective 5 – Improving flood prediction, warning and post flood recovery; and

Objective 6 – Work in partnership with others to deliver the Local Strategy.

6.2.3 With regards to the Fen’s Pools, Cannock Extension Canal and Cannock Chase SAC / SCI, no hydrological connectivity has been identified (Table 4.2) and therefore no effects are predicted. As a consequence this site has been screened out of the remainder of this assessment.

6.3 DETAILED SCREENING OF THE SUB-OBJECTIVES AND MEASURES FOR DELIVERY

6.3.1 Due to the initial screening out of likely effects on Fen’s Pools, Cannock Extension Canal and Cannock Chase SAC / SCI’s, no detailed screening assessment is required.

6.4 IN-COMBINATION EFFECTS

6.4.1 The HRA needs to consider not only the sub-objectives and measures for delivery time within the LFRMS that may lead to significant impacts upon European sites on their own but also those that may have a significant impact in-combination with other plans and projects. These may be spatial planning documents produced by the neighbouring authorities, major developments anticipated within the Black Country or other flood risk management plans that cover the Black Country. Table 5.1 outlines relevant plans and projects that were considered in-combination with the LFRMS.

6.4.2 The information within Table 6.1 identifies that the LFRMS is not likely to result in any significant adverse effects upon the European sites identified. Furthermore, it has been determined that the LFRMS will have zero effects upon these sites (not merely no significant effects) and as such it would therefore not be possible to result in an in-combination effect with any other plans or projects.

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6.5 SCREENING SUMMARY / RECOMMENDATIONS

6.5.1 From undertaking the detailed screening of the sub-objectives and measures for delivery, as indicated in Table 6.1, none of the actions identified within the LFRMS will result in an effect upon any of the European designated sites.

6.5.2 The three European Sites within the study area were identified as not having hydrological connectivity with the geographical area that the LFRMS covers. Moreover, most of the actions detailed within the LFRMS are associated more with management and setting up of procedures within the Borough rather than tangible activities on the ground within the Borough. As such many of the actions will not impact upon watercourses unless they occur within subsequent documents resulting from the LFRMS, for example planning applications or enforcement notices. As such, the LFRMS will have no effect on European designated sites.

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7 CONCLUSIONS 7.1.1 It has been concluded that the Black Country LFRMS is unlikely to have any significant effects on

the European sites identified, either alone or in-combination with other plans or projects.

7.1.2 In view of the findings of this HRA Screening Report it is not proposed to undertake Appropriate Assessment. Natural England’s opinion and agreement or otherwise is sought with this conclusion.

Appendix A

FIGURES

APPENDIX A-1

FIGURE 1 – HABITATS DIRECTIVE SITES LOCATED WITHIN 10KM OF THE BLACK

COUNTRY

The Black Country Habitat Regulations Assessment

CannockChase

CannockExtension

Canal

FensPools

City ofWolverhampton

District (B)

DudleyDistrict

(B)

SandwellDistrict

(B)

WalsallDistrict

(B)

50600569PROJECT No:PROJECT: KB

NMNMASeptember 2015

Drawn:Checked:

Approved:Revision:

Date:The Black Country Local AuthoritiesClient:

KeySpecial Area of Conservation selectionThe Black Country10km Study Area ±

Scale @ A3 : 200,000 Figure 1Habitats Directive Sites Located in and within 10km of the Black Country

Contains Ordnance Survey data © Crown copyright and database right 2015

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