Brighton Marina Neighbourhood Plan, Brighton & Hove City Council, April 2022
Strategic Environmental Assessment Neighbourhood Plans are the type of plan to which the Environmental Assessment of Plans and Programmes Regulations 2004 applies, if the Neighbourhood Plan is likely to result in significant effects. A screening assessment is therefore required to determine whether the plan is considered likely to result in significant adverse effects. If significant effects are considered likely, the Neighbourhood Plan will require a Strategic Environmental Assessment (SEA).
The Brighton Marina draft policies for the pre-submission Plan (February 2022) was used as a basis for this screening assessment. Following the assessment, it is concluded that the Brighton Marina Neighbourhood Plan will not result in significant adverse effects and therefore does not require SEA. The reasons for this are:
Annex 1 of this report considers HRA screenings and assessments of relevance to the Neighbourhood Plan. It concludes the existing HRA assessments undertaken for City Plan Parts 1 and 2 are considered to cover the impacts of any development arising from the Brighton Marina Neighbourhood Plan and that the Neighbourhood Plan does not require its own individual Habitats Regulations Assessment.
This screening report aims to determine whether the draft Brighton Marina Neighbourhood Plan requires a Strategic Environmental Assessment (SEA) in accordance with the European Directive 2001/42/EC and associated Environmental Assessment of Plans and Programmes Regulations 2004 (as amended).
This is the first screening assessment that has been carried out for the Brighton Marina Neighbourhood Plan. This assessment is based on the Brighton Marina draft policies for the pre-submission Plan (February 2022) that will form the Brighton Marina Neighbourhood Plan. More details on this are provided in Section 3.
The legislative background set out in Section 2 outlines the regulations that require the need for this screening exercise. Section 3 provides further details on the contents and area included within the Brighton Marina Neighbourhood Plan. Section 4 provides a screening assessment of the likelihood of significant environmental effects of the Neighbourhood Plan and forms the conclusion as to whether an SEA is required. This assessment also takes into consideration whether the Neighbourhood Plan will result in significant effects beyond those already identified within other local Development Plan Documents (DPDs), including the adopted City Plan Part 1 (2016) which forms a “parent” DPD to the Brighton Marina Neighbourhood Plan.
The Government has confirmed in its `National Planning Practice Guidance’ that Sustainability Appraisals are only required for development plan documents and do not apply in the case of Neighbourhood Plans. However, Neighbourhood Plans must not breach and must be otherwise compatible with EU and Human Rights obligations and other relevant regulations. Neighbourhood Plans therefore need to be considered against, for example, the Habitats and Strategic Environmental Assessment Directives and associated regulations.
Strategic Environmental Assessment (SEA) is required by EU Directive 2001/42/EC, to assess the effects of certain plans and programmes on the environment. This Directive was implemented in the United Kingdom in July 2004 with the adoption of the Environmental Assessment of Plans and Programmes Regulations 2004 (the Regulations).
Neighbourhood Plans are not the type of plan that automatically require a Strategic Environmental Assessment. Whether or not a Neighbourhood Plan will need an environmental assessment will be subject to their scope and the issues they are seeking to address and will depend on whether the plan is determined as likely to have significant effects. Under Article 3(4) of the Directive, and Regulation 9 of the Regulations, the responsible authority (the city council) must determine which plans, other than those for which an SEA is automatically required, are likely to have significant effects.
Both the Directive (in Annex II), and the Regulations (in Schedule 1), set out specific criteria for determining the likely significance of the effects of a plan. These criteria include the consideration of the characteristics of the plan and the effects of the plan.
Brighton Marina Business Neighbourhood Forum originally submitted its application to Brighton & Hove City Council for designation of its Neighbourhood Area and Neighbourhood Forum in October 2014. After a formal six-week consultation Brighton & Hove City Council Economic Development & Culture Committee resolved to support the Neighbourhood Area and Forum application on 18 June 2015. The area shown in the application was designated as a Neighbourhood Area. The Forum applied to renew this designation in August 2020, which was approved on 3 November 2020.
In February 2022, the Neighbourhood Forum presented its draft policies for the pre-submission Plan to the council and requested this be used for the basis of an SEA screening.
The Neighbourhood Plan contains 8 policies; these are summarised below. The Plan itself does not contain any site allocations.
Once adopted, the Brighton Marina Neighbourhood Plan, in conjunction with other City-wide adopted planning policies, will be applicable to all applications for development consent and will guide planning decisions within the defined Brighton Marina Neighbourhood Area. Of particular relevance to the area is Policy DA2 Brighton Marina Development Area, in City Plan Part 1 (2016).
Brighton & Hove City Council, as the “Responsible Body”, consider that the Brighton Marina Neighbourhood Plan falls within the scope of the SEA Regulations on the basis that it is a plan that:
Regulation 5(6)(a) and NPPG Paragraph 027 confirm that an assessment should be carried out for a plan which determines the use of a small area at local level where it has been determined that significant environmental effects are likely.
A determination under Regulation 9 is therefore required as to whether the Neighbourhood Plan is likely to have significant effects on the environment.
The screening requirements set out in Regulation 9 and Schedule 1 of the SEA Regulations include two sets of characteristics for determining the likely significance of effects on the environment; the characteristics of the plan and the characteristics of the effects. In making a determination, Brighton & Hove City Council will take into account these criteria as follows:
This stage of the screening considers the various characteristics of the Plan , having regard for criteria (1a-1e) as set out in the SEA Regulations. This assessment also takes into consideration whether any significant effects are beyond those anticipated by the overarching adopted framework.
| Criteria | Response | Significant effect likely? |
If significant effect identified, is this beyond those anticipated by the overarching adopted policy framework? |
|---|---|---|---|
| (1a) the degree to which the plan sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources |
The Brighton Marina Neighbourhood Plan will form part of the statutory development plan once adopted and will therefore exert a direct influence over development proposals coming forward in the Neighbourhood Area. The Marina NP will have no influence on proposals outside the Area. The Marina NP is considered to be consistent and in conformity with strategic policies in the adopted statutory DPD for the City, including the Brighton & Hove saved Local Plan and City Plan Part 1, and Submission City Plan Part 2. The Marina NP is not considered to set a framework. The Plan itself does not allocate any sites for development and is therefore unlikely to generate physical changes which would lead to significant effects. |
No | No |
| (1b) the degree to which the plan or programme influences other plans including those in a hierarchy |
The Marina NP will not influence any higher-level plans and there will not be any plans that sit below it. The Marina NP is therefore not considered to influence other plans within a hierarchy. It is considered to be supportive of and in conformity with other adopted plans. It has a strong relationship with Policy DA2 Brighton MarinaDevelopment Area in City Plan Part 1, with the Neighbourhood Area falling completely within the boundary of the Development Area and is supportive of development associated with the Inner Harbour Strategic Allocation, allocated in City Plan Part 1. |
No | No |
| (1c) the relevance of the plan for the integration of environmental considerations in particular with a view to promoting sustainable development |
The Neighbourhood Plan must be in general conformity with strategic policies in locally adopted plans and national planning policy, the NPPF. All plans have an obligation to deliver sustainable development. The Marina NP includes policies which support good design, promote well-connected, safe and attractive public realm and open space, supports residential development that forms part of the City Plan Part 1 Strategic Allocation, supports retail and commercial facilities, protects and supportscommunity facilities, responds to local environmental issues and constraints, and supports reductions in carbon emissions and waste. It is considered to promote sustainable development. | No | No |
| (1d) environmental problems relevant to the plan |
Environmental features of relevance to the Neighbourhood Area (NA): Biodiversity/geodiversity
Flood Risk
Built Heritage and Landscape
Most policies within the Marina NP are focused on acceptability of future development proposals or seek to maintain uses that will support a sustainable community. These policies are unlikely to have any potential for significant adverse effects on any of the above features or issues. Some policies within the Plan will support addressing issues identified above, including through policies which require flood risk assessments, management of surface water run-off and protection of the integrity of the cliffs. Policies which require high quality and sensitively designed development will help to address landscape and townscape issues. The NP itself does not allocate any specific sites for development and is therefore unlikely to generate physical changes which would lead to significant effects. Whilst the Neighbourhood Plan supports residential development where it delivers the Strategic Allocation allocated in City Plan Part 1, the principle of development within the Strategic Allocation, has already been established in City Plan Part 1. This has been subject to its own Strategic Environmental Assessment and has been subject to the Sequential and Exception Tests. The suitability of the Strategic Allocation for development is therefore not a consideration for this SEA screening. Overarching and strategic policies within the City Plan Part 1 and Local Plan, and City Plan Part 2 particularly those relating to biodiversity, geodiversity, flood risk, transport and travel, design, and landscape, townscape and heritage would also be a determining factor for development coming forward in the NP area. |
No | No |
| (1e) the relevance of the plan for the implementation of community legislation on the environment | The EU has adopted a range of legislation aimed at protecting the environment which has been transposed into UK law. The Marina NP will be in compliance and conformity with the City Plan which has already taken account of the existing European and National legislative framework for environmental protection. It should therefore have either a neutral or positive effect on compliance. |
No | No |
This stage of the screening assesses the possible effects of the Plan against the criteria (2a-2g) as set out in the SEA Regulations. These criteria are used to determine the significance of the effects. This assessment also takes into consideration whether any significant effects are beyond that anticipated by the overarching adopted framework.
| Criteria | Response | Is this likely to result in a significant effect? |
Is there a significant effect beyond that anticipated by the overarching adopted policy framework? |
|---|---|---|---|
| (2a) What are the probability, duration, frequency and reversibility of the effects of the plan? |
The majority of the policies are focused on acceptability of proposals. The Neighbourhood Plan is likely to have a modest but enduring positive environmental effect, particularly through policies on design, open space, the natural environment and energy use. The likelihood of significant adverse effects arising from the Plan is therefore considered to be low. |
No | No |
| (2b) What is the cumulative nature of the effects of the plan? |
Cumulative impacts are those that may arise from development coming forward within the plan or wider area that isn’t identified or allocated within the Brighton Marina NP, in combination with the impacts arising from the Brighton Marina NP. City Plan Part 1 allocates sites for development in relatively close proximity to the Marina NA boundary including the Black Rock Strategic Allocation (in City Plan Part 1). City Plan Parts 1 and 2 have been subject to their own Strategic Environmental Assessment/Sustainability Appraisal and the policy framework is considered to address any risk of significant cumulative impacts. Any cumulative effects of the plans are considered to be limited in nature and not significant due to the nature of the policies being put forward in the NP, particularly the fact that the Marina does not allocate any additional sites for development. Cumulative impacts can also arise from the in-combination effects from the various policies within the Marina NP. The cumulative nature of the policies in the plan are considered positive overall. Significant adverse cumulative effects are considered unlikely. |
No | No |
| (2c) What is the transboundary nature of the effects of the plan? |
The majority of the policies are focused on acceptability of proposals and the probability of any transboundary impacts arising from these policies is considered to be low and not significant in nature. The Marina NP will only have a direct influence on development within the area, and although some of the effects could be wider than the Neighbourhood Area, for example, visual effects, these are not considered to be significant in nature due to the nature of the policies within the Plan. |
No | No |
| (2d) Are there any risks to human health or the environment (e.g. due to accidents)? | There are not considered to be any risks to human health arising from the policies put forward in Marina Neighbourhood Plan. | No | No |
| (2e) What is the magnitude and spatial extent of the effects (i.e. geographical area and size of population likely to be affected) of the plan? | The Marina NA covers an area of approximately 51hectares. The population is estimated to be 1,600 (Local Insight Brighton Marina Profile, 2022). The spatial extent of the Plan is therefore considered to be relatively small. The magnitude of any effects is considered to be relatively low, due to the nature of the policies contained in the Marina NP which are concerned more with acceptability of proposals. | No | No |
|
(2f) Is the value and vulnerability of the area to which the plan or programme relates likely to be affected by the plan or programmes due to:
|
Some valued/vulnerable environmental receptors/issues are situated within the Plan area or located in relatively close proximity. Special characteristic and cultural heritage:
Exceeded environmental limits:There are no known exceeded environmental limits, however parts of the Marina are at medium and high risk of coastal and surface water flooding. Intensive land-useThe Marina itself already comprises some high-density developments that have been brought forward as part of the City Plan Part 1 DA2 Strategic Allocation. These vulnerable or valued assets and issues are unlikely to be significantly affected by the policies in the Plan, due to the matters they are seeking to address and the nature and content of the policies. |
No | No |
| (2g) Will the plan have an effect on areas or landscapes, which have a recognised national, community or international protection status? |
As described under 2f, the Neighbourhood Area is in relatively close proximity to the South Downs National Park. The Marina is likely to be visible in views from various points within the SDNP. The National Park designation offers a high level of protection. Any proposals coming forward in the Neighbourhood Plan area must have regard to the impact on the National Park, in particular the purposes of the National Park and the ability of the SDNPA to deliver its duty; this is required through Policy SA5 South Downs National Park in City Plan Part 1. The various design requirements of the policies and the focus of the policies on acceptability of proposals means the potential for significant adverse impacts on the SDNP is unlikely. |
No | No |
The consideration of the draft Brighton Marina NP and the criteria set out in the Regulations helps to determine whether the characteristics and effects of the Marina NP are likely to be significant.
The assessment considers it unlikely that the Marina NP will result in significant adverse effects as:
On the basis of this screening assessment, significant effects arising from the Brighton Marina Neighbourhood Plan are considered unlikely and as such, a SEA is not required.
The results of the screening assessment were made available to the three statutory bodies, Historic England, Natural England, and the Environment Agency for a period of 28 days from the 24th February to 7th April 2022, as required by the Regulations.
Reponses were received from all the statutory bodies who concurred with the conclusion that the Neighbourhood Plan was unlikely to give rise to significant adverse effects and that a SEA is not required.
Full consultation responses can be found in the Appendix.
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All planning documents are required to consider whether they will have a significant adverse effect on the integrity of internationally designated sites of nature conservation importance including “European sites” which are designated within the local and wider area. This consideration is undertaken through a process known as Habitats Regulations Assessment (HRA) which is a requirement of the Conservation of Habitats and Species Regulations (2010) (the Habitats Regulations).
European sites provide important habitats for rare, endangered or vulnerable natural habitats and species of exceptional importance. These sites consist of Special Areas of Conservation (SACs, designated under the EU Directive 92/43/EEC on the conservation of natural habitats and of fauna and flora (Habitats Directive)) and Special Protection Areas (SPAs, designated under EU Directive 2009/147/EC on the conservation of wild birds (the Birds Directive)).
Government policy, National Planning Policy Framework (NPPF, 2021) and Circular 06/05 (ODPM, 2005) requires that Ramsar sites (designated under the International Wetlands Convention, UNESCO, 1971) are treated as if they are fully designated European sites for the purposes of considering development proposals that may affect them.
There are two stages of HRA; the screening which determines the likelihood of significant effects; and a full HRA which is only undertaken if the screening indicates that significant effects are likely or cannot be discounted at screening stage. Where a full HRA is carried out, a plan may only be adopted after having ascertained that it will not have significant adverse effects on the integrity of the site concerned.
This assessment has been undertaken to identify whether any European sites exist within or in proximity to the neighbourhood area which could potentially be affected by any policies within the Neighbourhood Plan.
This assessment draws on the conclusions of relevant HRA screening and detailed assessment reports that have already been undertaken for the Brighton & Hove City Plan area, which includes the Brighton Marina area. Its purpose is therefore to summarise these reports and consider whether the existing HRAs are sufficient to assess the effects of the Brighton Marina Neighbourhood Plan, or whether the Brighton Marina Neighbourhood Plan should carry out its own HRA screening and assessment.
The Castle Hill SAC lies partly within the city’s boundary and partly within Lewes District Council’s boundary, although is located entirely within the South Downs National Park Authority Area. There are no Special Protection Areas or Ramsar sites within the city’s boundary. There are also some European sites within 20km of the city including Lewes Downs SAC, Ashdown Forest SAC/SPA and Arun Valley SPA. The Castle Hill SAC designation relates to the presence of chalk grassland and some rare and scarce species; the Lewes Down designation also relates to the presence of chalk grassland and some rare and scarce species; the Ashdown Forest designation is due to the largest single continuous blocks of lowland heath in the southeast; and the Arun Valley designation is due to the wintering population of tundra swans. There are no SACs or SPAs located within the Brighton Marina Neighbourhood Plan area. The Castle Hill SAC is in closest proximity to the Neighbourhood Area, located approximately 5,000m from the boundary.
The Brighton Marina NP does not allocate any sites for housing or any other uses. The policies are focused on design, open space/public realm, the natural environment, energy use, is supportive of retail, commercial, leisure and community facilities and housing where it delivers the Strategic Allocation allocated in City Plan Part 1.
An HRA screening was undertaken on the City Plan Part 1 at various stages of its development, with the most recent at Proposed Modification stage 2014, relating to the adopted City Plan Part 1 (2016). This assessed the potential for impacts of all City Plan Part 1 policies on the Castle Hill SAC and on European sites outside the city including Lewes Downs SAC, Ashdown Forest SAC & SPA and Arun Valley SPA.
The screening included an initial assessment of the potential for environmental impacts resulting from each policy that needed to be considered by the HRA screening. The assessment concluded that DA2 could result in increased resource use, which could have implications for water and hydrocarbons, and could result in moderate increase in traffic volume and air pollutants, and increased recreational pressure.
The adopted City Plan set out a minimum housing target of 13,200 dwellings to be delivered over the plan period, as well as other quantums of development. The HRA screening assessed the likely impacts of the proposed amounts of development set out in the City Plan and concluded that the possible impacts amount to water abstraction, air pollution and recreational pressure. Of these:
Therefore, the HRA screening on the City Plan Part 1 discounted all possible significant impacts that would affect the designations of the SACs or SPA and therefore did not progress to a full Habitats Regulations Assessment (Appropriate Assessment)
6. Brighton & Hove City Plan Part 2 – HRA screening and assessment During the preparation of City Plan Part 2, an updated Habitats Regulations screening was undertaken to reconsider the effects of the growth associated with the entire City Plan Part 1, in combination with growth anticipated from other areas, as well as effects arising from draft City Plan Part 2. This screening assessment discounted the likelihood of significant effects on Castle Hill, Lewes Downs, Arun Valley and Pevensey Levels European sites.
However the screening could not discount the likelihood of significant adverse effects of the Plan on the Ashdown Forest SAC/SPA, therefore a detailed assessment of air quality impacts (Appropriate Assessment) on Ashdown Forest was undertaken. This involved modelling the potential impact of traffic flows and vehicle exhaust emissions associated with planned development in Brighton & Hove in combination with neighbouring local authorities on the Ashdown Forest SAC. The model covered the period to 2033 and therefore allowed for a higher amount of housing than the City Plan target. The analysis concluded that the expected growth in Brighton and Hove to 2033 (as identified in the adopted City Plan Part 1 and emerging City Plan Part 2) makes virtually no contribution to changes in ammonia concentrations, NOx concentrations or nitrogen deposition within Ashdown Forest SAC.
The City Plan housing target set out in Policy CP1 is to deliver at least 13,200 new homes over the period 2010-2030. The model assessed traffic growth to 2033 from a base date of 2017, assuming delivery of 11,845 dwellings and 111,500 sqm employment floorspace in Brighton & Hove over the period 2017-2033. In addition, 3,000 net dwellings were already built in Brighton & Hove between 2010-2017 which will already be included within the traffic data for the baseline year (2017).
The detailed assessment confirmed that growth resulting from City Plan Part 1 and City Plan Part 2, with an increased trajectory to 2033, would not result in adverse effects that would affect the integrity of the Ashdown Forest SAC/SPA, either alone or in combination with growth from other areas.
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Dear Sir or Madam,
Thank you for your email dated 24 March 2022 consulting Gistoric England on your intention of carrying out a SEA for the above plan.
In light of the Environmental Assessment of Plans and Prorammes Regulations 2004, our view is that SEA is not required in this instance for the reason set out in paragraph 6.1 of the Screening Statement.
Yours sincerely,
Historic Environment Planning Adviser
Dear Mr Emery,
Brighton Marina Neighbourhood Plan – Review draft SEA & HRA Screening Thank you for your consultation on the above dated and received by Natural England on 24 February 2022. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
It is our advice, on the basis of the material supplied with the consultation, that, in so far as our strategic environmental interests (including but not limited to statutory designated sites, landscapes and protected species, geology and soils) are concerned, that there are unlikely to be significant environmental effects from the proposed plan.
Guidance on the assessment of Neighbourhood Plans, in light of the Environmental Assessment of Plans and Programmes Regulations 2004 (as amended), is contained within the National Planning Practice Guidance. The guidance highlights three triggers that may require the production of an SEA, for instance where:
We are not aware of significant populations of protected species which are likely to be affected by the policies / proposals within the plan. It remains the case, however, that the responsible authority should provide information supporting this screening decision, sufficient to assess whether protected species are likely to be affected.
Notwithstanding this advice, Natural England does not routinely maintain locally specific data on all potential environmental assets. As a result the responsible authority should raise environmental issues that we have not identified on local or national biodiversity action plan species and/or habitats, local wildlife sites or local landscape character, with its own ecological and/or landscape advisers, local record centre, recording society or wildlife body on the local landscape and biodiversity receptors that may be affected by this plan, before determining whether an SA/SEA is necessary.
Please note that Natural England reserves the right to provide further comments on the environmental assessment of the plan beyond this SEA/SA screening stage, should the responsible authority seek our views on the scoping or environmental report stages. This includes any third party appeal against any screening decision you may make.
Screening Natural England agrees with the report’s conclusions that the Brighton Marina Neighbourhood Plan would not be likely to result in a significant effect on any European Site, either alone or in combination and therefore no further assessment work would be required.
For any new consultations, or to provide further information on this consultation please send your correspondences to consultations@naturalengland.org.uk.
Yours sincerely,
Consultations Team
Dear Tim,
Thank you for consulting the Environment Agency on your initial conclusion of the sc reening exercise for Brighton Marina Neighbourhood Plan.
Based on the fac t that the plan is not it self allocating sites for development (as outlined on Page 2 (and elsewhere) of the SEA Sc reening Report attached), we consider that the Neighbourhood Plan would not have a significant environmental effect and as such would not require an SEA in relation to the issues in our remit. However, please note that we do not advise on whether the plan falls under the requirements of the SEA Direc tive.
Kind regards
Technical Specialist, Sustainable Places, Solent and South Downs Area, Environment Planning and EngagementlEnvironment Agency