Sustainability Appraisal and Habitats Regulation Assessment

The Planning and Compulsory Purchase Act 2004 requires that the County Council undertakes a sustainability appraisal upon all of its new minerals and waste Development Plan Documents (DPDs) and Supplementary Planning Documents (SPDs) that it prepares as part of the County Durham Minerals and Waste Development Framework, (MWDF). In addition a Strategic Environmental Assessment is also required under the European Union Directive 2001/42/EC - 'on the assessment of certain plans and programmes on the environment', (the SEA Directive). The requirement to carry out both a sustainability appraisal and a strategic environmental assessment are distinct. However, Government guidance indicates that it is possible to satisfy both requirements through a single appraisal process.

The Conservation (Natural Habitats, &c) (Ammendment) Regulations 2007 require that a Habitats Regulations Assessment is undertaken on all spatial plans in order to assess the impacts of a spatial plan against the conservation objectives of sites designated under the Habitats Directive, Wild Birds Directive (collectively known as Natura 2000 sites) and sites designated under the Ramsar Convention on Wetlands of International Importance, (known as Ramsar sites). The assessment must determine whether the Development Plan Document would adversely effect the integrity of a site in terms of its nature conservation objectives. Where negative effects are identified the guidance requires that other options should be examined to avoid damaging effects. The local planning authority can only give effect to the plan having only ascertained that it will not adversely affect the integrity of a European site.

When will the County Council publish its Sustainability Appraisal and Habitats Regulation Assessments Reports?

The County Council will publish a series of Sustainability Appraisal Reports over the next six years. These reports will be published in accordance with the County Council's timetable for the preparation of the County Durham MWDF. This timetable is set out in the County Durham Minerals & Waste Development Scheme (MWDS). In addition the Council will also publish a series of Habitats Regulation Assessment Screening Reports and if required full Habitats Regulation Assessment Reports.

Details of the Scoping Reports for both Minerals and Waste DPD's are set out below. In addition details of the Council's initial draft Habitats Regulations Assessment Report for the Minerals Core Strategy DPD is also set out below. Following consultation on the Scoping Reports we will revise our Sustainability Appraisal methodology and then start work on preparing the Sustainability Appraisal Report. The Sustainability Appraisal Report for both the Minerals & Waste DPDs will be published alongside our Minerals Preferred Options and Waste Preferred Options Reports.

The Waste Sustainability Appraisal Scoping Report

We consulted on the draft Sustainability Appraisal Scoping Report for our Waste Development Plan Documents (DPDs) during November and Decelmber 2007. During this stage, we will undertook a review of all relevant international, national and regional policies, plans and programmes and environmental objectives that need to be addressed by the emerging Waste DPDs; and identified baseline information, key sustainability issues and subsequently draft sustainability objectives and indicators.

We have prepared a Schedule of Responses received to the draft report.

Schedule of Comments Dec 2007.pdf (14 pages, 97kb)

We have taken into account all comments received and have prepared a final Sustainability Appraisal Scoping Report for our Waste Development Plan Documents (DPDs).

Waste Scoping Report May 08.pdf (58 pages, 1403kb)
The Scoping Report is accompanied by a series of other technical appendices which set out background information as follows:

SA Scoping Report Appendix 1 - SA Framework May 08.pdf (10 pages, 57kb)

SA Scoping Report Appendix 2 - IRF May 08.pdf (1 page, 22kb)

SA Scoping Report Appendix 3 - proposed SA Report structure May 08.pdf (2 pages, 20kb)

SA Scoping Report Appendix 4a - PPPs General May 08.pdf (32 pages, 231kb)

SA Scoping Report Appendix 4b - PPPs Waste May 08.pdf (29 pages, 200kb)

SA Scoping Report Appendix 5 - Baseline May 08.pdf (63 pages, 1426kb)

The Minerals Sustainability Appraisal Scoping Report

The Minerals Sustainability Appraisal Scoping Report was published on 23 January 2006 and was subject to a five week consultation period. Consultation ended on Monday 27 February 2006. Following the close of consultation the County Council considered the comments received and has now revised its sustainability appraisal methodology. This is contained in the revised Minerals Sustainability Appraisal Scoping Report which is available for download below. Please note that the report also contains a new appendix. Appendix 3 details the comments that we received upon the Minerals Sustainability Appraisal Scoping Report and the Council's response.

Sustainability Appraisal Scoping Report June 2006 Revised Final.pdf (61 pages, 621kb)
Publication Date: Monday 29 June 2006.

We have also prepared a series of maps to present available baseline information. These maps are referred to in the report but are not included within the main text of the report. The maps are also available to download:

International Nature Conservation Designations.pdf (1 page, 211kb)
Publication Date: Monday 23 January 2006

National and Local Nature Conservation Designations.pdf (1 page, 262kb)
Publication Date: Monday 23 January 2006

Ancient Woodland.pdf (1 page, 298kb)
Publication Date: Monday 23 January 2006

Landscape Designations.pdf (1 page, 189kb)
Publication Date: Monday 23 January 2006

Countryside Character Areas.pdf (1 page, 121kb)
Publication Date: Monday 23 January 2006

Heritage Designations.pdf (1 page, 142kb)
Publication Date: Monday 23 January 2006

Built Heritage.pdf (1 page, 372kb)
Publication Date: Monday 23 January 2006.

Archaeological Sites & Monuments.pdf (1 page, 771kb)
Publication Date: Monday 23 January 2006.

Earth Heritage Designations.pdf (1 page, 105kb)
Publication Date: Monday 23 January 2006.

Agricultural Land Classification Map.pdf (1 page, 119kb)
Publication Date: Monday 23 January 2006.

Water Resources.pdf (1 page, 581kb)
Publication Date: Monday 23 January 2006.

Recreation & Tourism Map.pdf (1 page, 179kb)
Publication Date: Monday 23 January 2006.

Minerals Core Strategy DPD Habitats Regulations Assessment Screening Report

Screening is the first stage undertaken as part of a Habitats Regulations Assessment. The purpose of a Screening Report is to assess whether the Development Plan Document (DPD) in question is likely to have significant effects on the conservation objectives of a Natura 2000 site or a Ramsar site. A full Habitats Regulations Assessment will be required should a screening exercise conclude that a DPD is likely to have a significant effect.

The downloads below set out the Council's intial draft screening assessment of the emerging Minerals Core Strategy DPD. In addittion Natural England, (the Government's statutory body with responsibility for biodiversity) comments are also available to download below. The Council's current intention is to republish a revised Habitats Regulations Assessment Screening Report in 2008 alongside the Council's Minerals Core Strategy DPD Preferred Options Report.

Minerals Core Strategy DPD HRA Screening Report.pdf (51 pages, 1827kb)

Natural England's comments on Durham County Council's Minerals Core Strategy DPD HRA Report.pdf (3 pages, 36kb)

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Further Information

For further information upon the County Council's approach to undertaking Sustainability Appraisal and Habitats Regulation Assessment please contact the Planning Policy Team on (0191) 3834114 or email Planning Policy