Blackhorse Lane Interim Planning Policy Framework ...

Blackhorse Lane Interim Planning Policy Framework
Appropriate Assessment Screening

London Borough of Waltham Forest

thinking beyond construction

Blackhorse Lane Interim Planning Policy Framework
Appropriate Assessment Screening

London Borough of Waltham Forest

Reference: E007975 BlackhorseLane AAS R01 GAC 3rd Draft.doc

Issue Prepared by: Verified by:

V1 DEC 06

V3 MAY 08

DR GREG CARSON DUNCAN SMITH
Associate Ecologist Senior Ecologist

File Ref: C:\Gregs\Projects\E007975 Blackhorse Lane\E007975 BlackhorseLane AAS R01 GAC 3rd Draft.doc
White Young Green Environmental Sunley House, Bedford Park, Croydon, Surrey, CR0 2AP
Telephone: 020 8649 6600 Facsimile: 020 8649 6629 E-Mail: [email protected]

WHITE YOUNG GREEN ENVIRONMENTAL

Blackhorse Lane Interim Planning Policy Framework
Appropriate Assessment Screening

Summary screening matrix

Description of Plan Blackhorse Lane Interim Planning Policy Framework, March
2006. Planning framework to enable the transformation of
the Blackhorse Lane area (NE London) over the next 10
years

Description of Natura Lea Valley SPA / Ramsar. Series of man-made and semi-
2000 sites natural wetlands and reservoirs, important for populations
of breeding and overwintering birds.

Epping Forest SAC. Designated primarily for its heathland
and broadleaved woodlands.

Purpose of Plan The objectives of the Plan are related to the regeneration
and development of the Blackhorse Lane area. Although
there are components that seek to safeguard and enhance
biodiversity, the Plan is not directly connected with or
necessary for the management of a Natura 2000 site.

Individual elements of 1. Renewal of existing industrial sites (some close, or

the Plan (alone or in adjacent, to the SPA/Ramsar) with mixed use

combination with other (including housing) development

plans/projects) likely to 2. Improving access to the Lea Valley Regional Park

give rise to impacts on (SPA/Ramsar), including a new waterfront park

the Natura 2000 sites 3. Construction of a new road near to the Lea Valley

SPA/Ramsar.

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Likely direct, indirect 1. Regeneration of existing (disused) industrial buildings

and secondary will involve construction activity adjacent to the

impacts (alone or in SPA/Ramsar (potential short-term disturbance and

combination with other emission) and increased population adjacent to the

plans/projects) of the SPA/Ramsar (potential long-term disturbance)

project 2. Improved access to the SAC/SPA/Ramsar may

increase level of use of the area (potential long-term

disturbance) as well as involve engineering operations

adjacent to the SPA/Ramsar in establishing the

waterfront park (potential short term disturbance and

emissions)

3. Forest Road link road may induce disturbance and

emission in the short term, and generate additional

emission in the long term.

Potential amelioration A number of policies within both the IPPF and the Waltham
policies Forest UDP may serve to prevent an adverse effect
occurring to the features of interest of the SPA/Ramsar site
should the above proposed operations be consented.
Those key are:

1. Regeneration of existing (disused) industrial
buildings - , BHLP4, SP1, SP2, SP7, SP8, SP14

2. Improved access to the SPA/Ramsar - SP1, ENV10

3. Forest Road link road - BHLP4, SP1

The IPPF sets the principle of its component projects, and
the above safeguarding policies may ensure that a
development will not proceed if such an adverse effect may
occur.

The following agencies Natural England
have been consulted

Response to Conclude that on the basis of the information provided, that
consultation some of the policies within the IPPF are likely to have a
significant effect on Walthamstowe Reservoirs (a
component site of the Lea Valley SPA). Most notable being
BHLP1, BHLP5 and BHLP15.

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Methodology of Reference to the Blackhorse Lane IPPF and other key
screening assessment policy documents from the London Borough of Waltham
Forest and adjacent local authorities.

Communication and discussion with officers of Waltham
Forest and Natural England

The screening assessment was related to the Plan, not
individual projects, hence it is a desk based assessment
with no field visit or use of, for example, raw count data.

The conclusion of the assessment considers existing
mitigatory policies, and their potential to be effectively
implemented to minimise expected impacts of individual
project proposals.

Overall conclusion Some policies within the Blackhorse Lane IPPF have the
potential to create a significant effect upon the adjacent Lea
Valley SPA/Ramsar. Equally, there are other policies that
seek to ensure that any such adverse effect does not
materialise. However, because, at this level of screening, it
is not possible to ascribe any degree of certainty to the
delivery of such ‘mitigatory’ policies, there may be a
significant effect on the Natura 2000 sites by virtue of the
Blackhorse Lane IPPF. Consequently, it is recommended
that an Appropriate Assessment is undertaken.

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Contents

Background and rationale .......................................................................................... 5

Methodology............................................................................................................... 6

Purpose of the Blackhorse Lane IPPF ....................................................................... 8

Description of sites ..................................................................................................... 8
Epping Forest SAC ................................................................................................. 9
Lea Valley SPA....................................................................................................... 9

Description of policies .............................................................................................. 10

Detailed IPPF policy assessment ............................................................................. 14

Overview of relevant policies.................................................................................... 15
Conclusion of IPPF policy assessment................................................................. 17

‘In combination’ assessment .................................................................................... 17
Discussion of ‘in combination’ effect of other plans .............................................. 18

Conclusion ............................................................................................................... 19

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Background and rationale

In March 2006, the Cabinet of London Borough of Waltham Forest (‘Waltham
Forest’) considered three development options related to the direction of planning
policy for, and the regeneration of, the Blackhorse Lane area. It was resolved to
create a new planning framework to sit between existing policies within the unitary
development plan (UDP) and the evolving local development framework. The
Blackhorse Lane Interim Planning Policy Framework (IPPF) was produced in
September 2006, clearly defining the strategic development options for the
Blackhorse Lane area.

The Conservation (Natural Habitats, &c.) Regulations 1994 (the ‘Habitats
Regulations’) serves to transpose the provisions of the European Council Directive
92/43/EEC on the conservation of natural habitats and of wild fauna and flora 1992
(the ‘Habitats Directive’) into domestic law. Regulation 48 of the Habitats
Regulations states that before deciding to undertake, or give any consent,
permission or other authorisation for, a plan or project which is likely to have a
significant effect on a European site in Great Britain (either alone or in combination
with other plans or projects), the local authority shall make an Appropriate
Assessment of the implications for the site in view of that site's conservation
objectives. Regulation 49 sets out the procedure to be followed if it is demonstrated
that a plan or project will have an adverse impact upon a Natura 2000 site. The
sequential stages required under Regulations 48 and 49 are tabulated below - this
screening assessment addresses the first stage in the process. That land use plans
are included as those to be subject to Appropriate Assessment was clarified by a
ruling of the European Court of Justice in October 2005.

Sequential stages in applying Regulations 48 and 49 to a proposed plan or project

Stage Process Relevant
Regulation

Screening Determining whether the plan ‘in combination’ is 48(1)
likely to have a significant effect on a European
site. If not, the plan may proceed.

Appropriate Determining whether, in view of the site’s 48(1), 48(6)
Assessment conservation objectives, and taking into account
any proposed mitigation, the plan would have an
adverse effect (or risk of this) on the integrity of the
site.

Consultation It is necessary to consult with the conservation 48(3)
agency and ‘have regard’ to any representations
they may make. If no residual impact, the plan can
proceed.

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Assessment of Where there remains residual adverse impact, 49(1)
alternative alternatives need to be considered.
solutions

Assessment of Where there are no alternative solutions and there 49(1)
overriding is demonstrated overriding public interest, the plan
public interest may proceed, subject to compensatory measures.

In November 2006 White Young Green Environmental were commissioned by
Waltham Forest to undertake a screening evaluation of the Blackhorse Lane IPPF
with a view to determining whether the Plan was likely to have a significant effect on
the Lea Valley Special Protection Area (SPA) / Ramsar and/or Epping Forest Special
Area of Conservation (SAC) and hence require a full Appropriate Assessment.

In considering the screening of the IPPF, a number of key documents were referred
to. These included:

• Planning for the Protection of European Sites: Appropriate Assessment, DCLG
Aug 2006

• Citations for the relevant Natura 2000 sites

• Managing Natura 2000 Sites, The provisions of Article 6 of the ‘Habitats’ Directive
92/43/EEC, 2000

• Assessment of plans and projects significantly affecting Natura 2000 sites,
Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats
Directive 92/43/EEC, 2002

Although not statutory documents, the latter offer useful guidance and carry some
weight being formally issued by the Office for Official Publications of the European
Communities.

Methodology

The objective of the initial screening for an Appropriate Assessment is to establish
whether or not the plan or project will have a significant effect on a Natura 2000 site.
If it is established that there will be no significant effect, a full Appropriate
Assessment will not be required and the plan or project will continue to be assessed
through other mechanisms leading to adoption or planning consent, respectively. If it
is established that there may be a significant effect, then a full Appropriate
Assessment is required which will involve establishing whether there will be an
adverse effect on the feature(s) of interest for which a Natura 2000 site is
designated. A full Appropriate Assessment requires a detailed evaluation of the
impact of the proposal against the features of interest and may be an iterative
process, looking at potential mitigation that would be necessary to significantly
reduce, if not eliminate, the probability of the adverse effect.

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It is noted that any mitigation (via either policy or project implementation) that is not
in place at the time of the screening evaluation should not be considered as part of
the screening process: Such proposals would be considered as part of the full
Appropriate Assessment. Conversely, where there do exist policies or projects that
serve a mitigatory function then, because all polices require consideration (including
those of other plans), it may be suggested that they could be taken into account at
the screening stage in determining the overall significance of the plan or project (cf.
Section 2.6, EC 2002). However, at this screening stage, the degree of certainty to
which such mitigatory policies will be delivered, as well as the form they will take, is
unknown. Consequently, these policies are unlikely to be considered as a
mechanism which will ensure no significant effect upon the Natura sites.

An important attribute of the Appropriate Assessment process is that a precautionary
approach is adopted - at either the screening or the full Appropriate Assessment
stage, if there remains doubt that there is no significant effect on the Natura 2000
site or that there is no adverse effect on the features of interest for which the site
was designated, respectively then it has to be assumed that such an effect is indeed
likely and the assessment undertaken accordingly.

The Appropriate Assessment process as a whole aims to be objective. Nonetheless,
it is accepted that a degree of subjectivity is inevitable when considering the finer
details of policy. For example, BHLP13 (which considers improvements to local bus
services) is considered to be of no relevance to the evaluation of significance of the
Plan on the Natura 2000 sites. However, it could be argued that the improved
functioning of local bus services will reduce private car usage, which in turn
decreases emissions (including hydrocarbons to road drainage systems) which in
turn decrease pollution entering the water bodies within the Lea Valley SPA.
Conversely, an enhanced public transport system may attract a greater number of
people into the area, which may increase disturbance on the birdlife present. Issues
of emissions and people pressure are more directly relevant in relation to other
policies within the Plan, which provides the justification in considering that this
particular policy is not relevant.

Finally, the screening evaluation has to be undertaken in consideration of any other
plans or projects which may impact upon the Natura 2000 site, not just the plan or
project in question: A single project may have a negative impact which is
insignificant in its own right, but alongside a range of similar projects, will lead to a
negative impact which is significant. In other words, by applying this approach,
cumulative impacts may be evaluated which would otherwise fail to be considered.

This screening evaluation is for the Blackhorse Lane IPPF, a strategic plan, which
identifies the principle of development on identified sites and targeted policies rather
than a discrete project per se. The screening evaluation therefore has to be
undertaken at the same strategic level, considering the significance of each policy be
it potentially negative or positive (ie mitigatory).

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The approach follows a linear path:

• description of Natura 2000 sites - the sites in closest proximity to the Blackhorse
Lane area are identified along with the features for which they are designated.

• description of policies within the IPPF - the policies are reproduced and an initial
sift made based on the relevance of each policy to potential impact (positive or
negative) on the Natura 2000 sites.

• assessment of the relevant IPPF policies - with reference to factors that may
impact upon the Natura 2000 site and parameters that influence the degree of
impact, a policy overview is provided, concluding with an appraisal of whether the
significance of the policy is low, moderate or high.

• assessment of other plans - both policies and projects identified within other
relevant plans are considered. Assessment is made of whether these may
contribute towards a cumulative impact of those within the IPPF or indeed
mitigate against them.

• overall conclusion on level of significance of the Blackhorse Lane IPPF on the
nearby Natura 2000 sites.

Purpose of the Blackhorse Lane IPPF

Initial consideration of whether an Appropriate Assessment is required for a plan or
project is based on the purpose of the plan or project concerned. Where the Plan is
directly connected with delivering the conservation objectives for a Natura 2000 site,
an Appropriate Assessment is not required.

The objectives of the Blackhorse Lane IPPF are related to the regeneration and
development of the Blackhorse Lane area. Although there are components that
seek to safeguard and enhance biodiversity, the Plan is not directly connected with
or necessary for the management of a Natura 2000 site. Consequently,
consideration of undertaking an Appropriate Assessment is necessary.

Description of sites

Coincident with Waltham Forest Borough are two Natura 2000 areas, Lea Valley
SPA/Ramsar (for convenience, referred to from hereon as the Lea Valley SPA) and
Epping Forest SAC. The latter, at its closest point, lies some 1.5km from the
Blackhorse Lane area, while the Lea Valley SPA lies entirely within the Blackhorse
Lane area. There are no other Natura 2000 areas within 10km of the Borough.

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Epping Forest SAC

The Epping Forest SAC occupies 1600ha, as a linear belt extending northwards from
Wanstead. Consequently, it is the southernmost part of this site than is closest to
Blackhorse Lane.

It is designated mainly on the basis of its wet and dry heaths (for which it holds a
significant component) and acid broadleaved woodlands, as well as for supporting
stag beetles and great crested newts.

In the past, the woodland suffered neglect through cessation of pollarding for over
100 years. Re-pollarding of ancient beech trees commenced in the early 1990s.
Although the mosses and liverworts of the forest had been in decline due to lack of
pollarding, shading and pollution from acid rain, recent appropriate management
and the reduction of atmospheric pollutants since the passing of the 1956 Clean Air
Act is reversing the trend.

In 1988, the Corporation of London, who own and manage the forest, agreed a
management strategy with Natural England to take forward the management
outlined above, which was completed 1998.

The Blackhorse Lane area, is of urban character and lies some distance from the
Epping Forest SAC. The proposals are therefore unlikely to impact directly the
features for which the SAC is designated. However, the SAC is known to be
suffering from deteriorating air quality from road traffic, and it is possible that this
may be exacerbated further by increased traffic generation resulting from the
development associated with the IPPF, especially when considered cumulatively
with further development proposed under the Core Strategy and in surrounding
Boroughs under their LDFs.

Lea Valley SPA

The Lea Valley SPA is coincident with the Ramsar site and occupies nearly 450ha,
lying fully within Waltham Forest Borough, with about three-quarters within the
Blackhorse Lane area itself.

The site comprises series of wetlands and reservoirs which occupy about 20 km of
the Lea valley. This includes embanked water supply reservoirs, sewage treatment
lagoons and former gravel pits that support a range of man-made, semi-natural and
valley bottom habitats.

The SPA is designated primarily on the basis of its bird interest, notably bittern,
northern shoveler and gadwall (the area holding approximately 6%, 2% and 3%
respectively of the GB overwintering population). In addition, the Ramsar site is
noted for its breeding cormorant, tufted duck and coot and overwintering smew and
water rail.

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The water bodies contain the nationally scarce whorled water-milfoil. However, the
non-native invasive plants Japanese knotweed and Himalayan balsam are also
present.

Given the features of interest, water quality is a key issue and the generally
eutrophic nature of the open water areas is to be addressed under the Urban Waste
Water Treatment Directive. Recreational pressure is addressed through agreed
management plans which prioritise nature conservation. A potential problem is over-
abstraction of water for public supply, particularly during periods of drought, and this
may be exacerbated by increased development demands on the area.

Description of policies1

Policy BHLP1 The Council will seek to secure proposals for development at the
sites marked on the development sites map) in line with the mix of
uses outlined in the schedule of development sites and the
development and design principles [herein].

Relevance: YES - landtake adjacent to SPA, people pressure, abstraction and
waste

Policy BHLP2 The area marked is designated as the Blackhorse Lane
Neighbourhood Centre. Those units on the Eastern side of
Blackhorse Lane designated in the UDP as the Blackhorse Lane
Local Retail Parade (LRP6) are designated as the core area within
the Neighbourhood Centre. Any new retail units created within the
Neighbourhood Centre area in the period of this plan will also be
considered to be designated as the core area. The new centre will
be covered by UDP Policy TRL8 that seeks to protect and enhance
the retail and leisure offer of such areas.

The Council will support the development a range of facilities within
the Blackhorse Lane Neighbourhood Centre of an appropriate scale
to provide a focus for the local community and meet the day to day
needs of local residents, businesses and users of the transport hub.
Facilities could include convenience shopping, local services, small
scale leisure, arts, cultural or entertainment uses and/or eating and
drinking establishments.

Relevance YES - people pressure

Policy BHLP3 The Council will seek to improve access from residential areas and
Blackhorse Road station to the Lea Valley Regional Park through
seeking external funding and using planning agreements. In
particular the Council will seek to:

1 Policies quoted but amended to omit figure and section references within the IPPF

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i) Create new and improved pedestrian and cycle routes to the Park,
in line with UDP Policy ENV19. Key design considerations for paths
are community safety, access for disabled people and the
incorporation of wildlife habitats.

ii) Improve signage of pedestrian and cycling routes.

iii) Create more views of Walthamstow Reservoirs and Tottenham
Marshes, including from publicly accessible locations.

Relevance YES - people pressure

Policy BHLP4 All new developments near to the Lea Valley Regional Park should
demonstrate that:

i) They offer a high build and environmental quality, particularly the
parts of the development visible from the park.

ii) They contribute to improving access into and views of the Park, for
example by incorporating walking and cycling routes the park and by
ensuring principal rooms, windows and entrances face the park.

iii) They do not negatively impact on, and possible enhance, the
amenity, openness, ecology and character of the Park.

Relevance YES - ecological safeguard

Policy BHLP5 The Council will seek funding from external sources and through
planning agreements to develop, in partnership with relevant
agencies, a new linear waterfront park along the western edge of the
Blackhorse Lane industrial area.

Relevance YES - landtake adjacent to SPA, people pressure and litter.

Policy BHLP6 In line with Unitary Development Plan Policies, it is the council’s
intention to support a mixture of housing sizes and types across the
area in order to reflect the position, public transport accessibility and
surrounding townscape of each site and the housing needs of the
borough and London more widely. In particular, sites further from
Blackhorse Road Station will be expected to include a proportion of
larger homes with 3 or more bedrooms and gardens. The council
will apply targets relating to affordable housing proportions and mix
from the Unitary Development Plan and the forthcoming Interim
Planning Policy Guidance on Planning Obligations.

Relevance NO - restricted to design and social requirements

Policy BHLP7 The boundary of the Strategic Employment Location (Blackhorse
Lane Strategic Employment Area SEA4 in the UDP) will be changed
as outlined in order to

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i) provide stronger protection for retained industrial land and
proposed new business park on Blackhorse Lane/Sutherland Road;

ii) release an area of land near Blackhorse Road Station for mixed
use development.

In line with UDP Policy INB1, the SEL will be protected for general
industry, business uses and warehousing. Any further changes to
the boundary of the SEL will be resisted.

Proposed developments in or near the SEL must not prejudice the
future or existing operation of employment uses within the SEL.

Relevance YES - release of southern section for residential/retail/leisure

Policy BHLP8 Proposals for residential or mixed use development on site BHL1 will
only be acceptable if they include renewal of employment premises
in the northern section of the site (within the new SEL boundary).

Relevance NO - requirement for ‘renewal’ planning obligation

Policy BHLP9 New business premises within sites BHL1 and BHL6 must be
carefully designed to ensure that the business activities they
accommodate will not negatively impact on the amenity of the
adjacent existing and new residential areas. Business activities that
will create excessive noise, emissions or detrimental visual impact
will not be permitted on these sites. The Council may require the
imposition of tight controls over the type of activities permitted
including the use of conditions or planning obligations as appropriate
to ensure no adverse effects occur.

Relevance NO - design to safeguard amenity of residential properties

Policy BHLP10 In line with the Council’s Community Strategy and UDP, the Council
will work with partners to enable the development of public and
community facilities to meet the needs of both existing and new
residents and improve quality of life for local people.

In particular, the Council will seek to ensure that there is sufficient
capacity to accommodate population growth. Where new or
relocated services are developed, the Council will aim to ensure that
such services are accessible to both existing and new residents
(both in terms of location and admissions policies) so as to
encourage integration of existing and new communities.

Relevance YES - Lea Valley Regional Park is an important community facility,
enhancing quality of life

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Policy BHLP11 The Council will support efforts to improve the co-ordination of
existing community facilities including ICT facilities and will prioritise
meeting the needs of young people through developments within
local schools and by supporting the refocusing or expansion of
existing provision.

Relevance YES - Lea Valley Regional Park is an important community facility,
enhancing quality of life

Policy BHLP12 In line with UDP Policies TSP4 and TSP9, the Council will seek to
improve pedestrian access to Blackhorse Road Station including
through use of planning obligations.

Relevance NO - local access issue

Policy BHLP13 In line with UDP Policies TSP1 and TSP2, the Council will work in
partnership with Transport for London to secure improvements to the
functioning of local bus services including improvements to bus
stops, bus priority measures and enhanced service levels.

Relevance NO - local access issue

Policy BHLP14 In line with UDP Policy TSP5, the Council will seek to improve
conditions for cyclists in the Blackhorse Lane area. New
developments will be expected to contribute to improved conditions
for cyclists through provision of cycle routes through and around
developments and provision of cycle parking.

Relevance YES - location of cycle routes close to key water bodies.

Policy BHLP15 The Council will support the construction of a new road linking Forest
Road west of Blackhorse Road Station with Blackhorse Lane. The
objectives of the new road are:

i) To provide access from Forest Road to new developments on site
BHL1.

ii) To improve access for industrial traffic to the southern portion of
the Strategic Employment Location.

iii) To reduce traffic flows through the Standard Junction, enabling
improvements to pedestrian facilities and the environment at and
around the junction.

The design and phasing of the new road will ensure that it does not
result in an increase in the overall capacity of the traffic corridor.

Relevance YES - potential construction and traffic implications

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Policy BHLP16 In line with UDP Policies TSP14, TSP15 and TSP16, the Council will
seek to improve conditions on the area’s roads for pedestrians
(including disabled people) and cyclists, with an initial focus on:

i) Improved speed enforcement, sight lines and pedestrian priority
along Blackhorse Road and Billet Road.

ii) Speed restrictions and improved pedestrian priority on residential
streets.

Relevance NO - local access issue.

Policy BHLP17 A comprehensive and co-ordinated approach is required to
developments in the Sutherland Road growth area. The correct
phasing of developments and infrastructure improvements will be
vital to achieve the vision for the area while minimising disruption to
existing businesses and residents. Residential development will not
be permitted on site BHL4 until the necessary enabling infrastructure
has been put in place to secure a high quality residential
environment.

Relevance NO - design issue, at some distance from SPA

Detailed IPPF policy assessment

The objective of policy assessment at this screening stage is to deduce whether
there will be a significant effect on the Natura 2000 site. This differs from the
Appropriate Assessment stage which requires an evaluation of whether there will be
an adverse affect on the integrity of the Natura 2000 site.

The implementation of a policy may involve a number of factors that may impinge
upon one or both of the Natura 2000 sites, to a greater or lesser degree:

• size and scale
• land-take (in relation to Natura 2000 site boundaries)
• distance from the Natura 2000 site or key features of the site
• resource requirements (water abstraction etc.)
• emissions (disposal to land, water or air)
• excavation requirements
• transportation requirements
• duration of construction, operation, decommissioning, etc.

Consideration of the ‘significance’ relies on several parameters of the potential
‘effect’:

• positive or negative
• magnitude
• extent
• duration

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• reversibility, and
• timing and frequency.

An evaluation of probability may also be applied. However, in the context of the
Appropriate Assessment, EU guidance is clear that a precautionary approach need
be adopted (‘Communication from the Commission on the precautionary principle’,
European Commission, 2000a), although this will be tempered depending upon the
scale of the project (EC, 2002).

• Certain/near-Certain: probability estimated at 95% chance or higher.
• Probable: probability estimated above 50% but below 95%.
• Unlikely: probability estimated above 5% but less than 50%.
• Extremely Unlikely: probability estimated at less than 5%.

Overview of relevant policies

Of the 17 policies within the Blackhorse Lane IPPF, 10 are considered relevant to
the process of establishing the significance of the Plan on the Natura 2000 sites.
Below, each one of these policies is considered in turn, and evaluated against the
above parameters, in relation to the broad interests of the Natura 2000 sites. A
qualitative assessment of the significance of each policy (as Low, Moderate and
High) is given.

Policy BHLP1: Development sites

The proposed site will occupy considerable area. Landtake will be negligible, since
all sites lie on pre-developed areas. However, some of the sites are close to or
adjacent to the SPA, and consequently, it is probable that there will be impact related
to emissions to the SPA, disturbance to birds and construction activity which would
require mitigation.

The completed development will comprise mixed uses, but with a high proportion of
residential (IPPF Figure 8). Depending upon the extent to which the Blackhorse
Lane area delivers the overall housing requirements for Waltham Forest, the area
could accommodate up to 1800 new homes in the next 8 years. This has the
potential to impact upon the SPA, by virtue of drainage discharge as well as
increased abstraction.

In addition, the Blackhorse Lane area is about 1.5km from the Epping Forrest SAC.
Overall development and the concomitant increase in residents may well increase
recreational pressure on the SAC, although the large size of Epping Forest may be
able to accommodate further people pressure, especially if coupled with additional
management. Transportation may also be an issue. The proposal is for the long
term and is not reversible. The significance of this policy is high.

Policy BHLP2: Blackhorse Lane Neighbourhood Centre

Although not adjacent to the SPA, the site lies in close proximity (some 200m).
Emissions to the SPA may be an issue, but given the function of the neighbourhood
centre, it is likely to attract more people to the immediate vicinity and hence to the

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SPA. Although there are opportunities for positive impact on the SPA (in terms of
public awareness), pressure of people and pets upon the SPA is probable, may be
frequent, and likely not to be reversible. The significance of this policy is moderate.

Policy BHLP3: Lea Valley Regional Park - access & habitats

Aims to enhance the capacity of the Lea Valley as multi-functional green space. It is
probable that a positive, long-term benefit to the SPA will be derived from enhanced
biodiversity and greater awareness of the site. Nonetheless, increased public
access and the implementation of recreation/leisure opportunities at sensitive points
within the SPA would be frequent and widespread and require mitigation. Overall,
the significance of this policy is high.

Policy BHLP4: Lea Valley Regional Park - ecological safeguard

Aims to ensure the ecological safeguard (and enhancement) of the park through the
third section of this policy. The policy may be considered applicable to all
developments identified within the IPPF, since all parts of the Blackhorse Lane area
are “near to” the Lea Valley Regional Park, which entirely incorporates the SPA. The
significance of this policy is positive and high.

Policy BHLP5: New waterfront park

As with Policy BHLP3, providing the waterfront park offers probable opportunities for
a positive, long-term benefit to the SPA to be derived from enhancing public
awareness of the site. Nonetheless, increased public access, associated provision
of comfort facilities and generated litter would be frequent and require mitigation, as
would the possible construction of a pedestrian/cycle bridge. The ‘barrier’ provided
by the Lea Flood Relief Channel and the Dagenham Brook may ameliorate these
particular impacts to a greater or lesser degree. Furthermore, enhancement of these
two features may offset any negative effects and increase overall biodiversity at this
part of the site. The significance of this policy is high.

Policy BHLP7: Boundary of Strategic Employment Location

Resulting from this policy will be the change from ‘industrial’ to
residential/retail/leisure at the southernmost part of the existing SEL. In such
development being undertaken it is probable that there will be some short-term
impacts related to construction and longer term impacts from people pressure should
the area be developed for residential. Nonetheless, the landtake is of limited extent
and involves the replacement for existing built infrastructure. Consequently, the
significance of this policy is low.

Policy BHLP10: Development of community facilities

The Lea Valley Regional Park is an important community facility and this policy
recognises the need to accommodate enhancement of the area for increased
residential capacity (to which Policy BHLP 5 may contribute). Accessibility would
have to be assessed against the nature of the features of the SAC and tempered
accordingly through mitigation. The significance of this policy is moderate.

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Policy BHLP11: Co-ordination of community facilities

See Policy BHLP10 above. Integrated coordination of the Lea Valley Regional Park
(or its component areas) will assist in enhanced interpretation and diligent use of the
SAC, and consequently can be viewed as an element of limited mitigation within the
IPPF. The significant of this policy is positive and moderate.

Policy BHLP14: Cycle routes

The provision of cycle routes close to key waterbodies may impact upon the SAC
features of interest: The extent and frequency is unknown, but may differ for
different types of bird (for example, less impact on overwintering birds since use of a
cycle lane at this time of year will be reduced). Since the scale of new dedicated
cycle infrastructure is likely to be limited, emissions would not be an issue and use is
effectively reversible, the significance of this policy is low.

Policy BHLP15: Link road
Provision of new road infrastructure may have effects related to construction (which
will be of relative short duration) and subsequent use (which may be permanent and
effectively irreversible). Issues associated with the former are noise, construction
waste while with the latter, noise, emissions, landtake will be critical where sections
pass close to the SPA. In addition, the generation of additional traffic on surrounding
major roads is a likely consequence of the redevelopment promoted by the IPPF,
and in particular the link road. The significance of this policy is high, although
positive elements may be derived from decrease of emissions from reduction of
congestion on Forest Road and increased use of public transport by provision of
associated car parking adjacent to a public transport hub.

Conclusion of IPPF policy assessment

Of the 10 policies identified as being relevant, 5 are of high significance, 3 of
moderate significance and 2 of low significance. One (possibly two) of the highly
significant policies and one of the moderately significantly policies are of a positive
nature and serve as mitigation within the context of this screening.

‘In combination’ assessment

Nonetheless, there remain a number of significant policies which, on implementation,
would require a degree (to a lesser or greater extent) of mitigation to ensure that the
features of interest of the SPA would not be adversely affected. It is necessary to
assess these ‘in combination with’ other plans, in order to determine whether policies
within such plans exacerbate or reduce the ‘significance’ of those policies within the
Blackhorse Lane IPPF. Most pertinent are the policies within the Waltham Forest
adopted UDP (first review) as well as the adopted plans for the local authorities
adjacent and to the west of the SPA, Haringey and Hackney.

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Policy SP1 of the Waltham Forest UDP (adopted 13 June 2006) specifies that “the
council will seek to maintain and enhance the natural and built environment of the
borough. In particular it will…conserve and enhance open spaces within the urban
area which have an important role to play … for nature conservation, or for
recreation and community purposes” and it will “protect and enhance green chains
and promote borough bio-diversity”.

This is taken one stage further by Policy SP2 which states that “new development
will be expected to make a positive contribution to improving the quality of the urban
environment in Waltham Forest. It should be designed with proper consideration of
key urban design principles relating to … wildlife habitat … and sustainability.

There are a number of policies also which seek to retain employment land and
develop community facilities but only where “there are no unacceptable adverse
effects on the environment and amenity of the surrounding area” (for example Policy
SP14).

Policy ENV7 reflects the requirement of Regulation 48 of the ‘Habitats’ Regulations
stating that “all Principal Sites of Nature Conservation Importance will be protected.
Any developments proposed on principal sites of nature conservation importance, or
on land next to or near such sites, which will have a significant detrimental effect on
their nature conservation interests will not be permitted” (italics added).

Of particular relevance to the Blackhorse Lane IPPF is Policy ENV10 which states
that “ … the Council will seek to improve facilities for visitors at the sites of nature
conservation importance. Access will be restricted where the conservation of nature
may be adversely affected by disturbance”.

Within the Haringey UDP (adopted 17 July 2006), the area immediately adjacent to
the SPA is designated as a ‘green corridor’, ranging from some 200m to 300m wide.
Policy OS5 (which applies to this green corridor) states:

“Development close to the edge of Green Belt, Metropolitan Open Land Significant
Local Open Land or any other valuable open land will only be permitted if it protects
or enhances the value and visual character of the open land”.

Only a limited part of Hackney abuts the SPA. The area is predominately under
employment use with identification within the UDP (adopted 5 June 1995) of one
zone (117) to be maintained as such. Adjacent to the Lea Valley Regional Park is
also the Springfield LNR and Area of Nature Conservation Interest. In addition,
Policy OS15 states that “development will not be permitted close to the proposed
Walthamstow reservoirs special protection area … unless it can be shown that there
would be no significant damage to the nature conservation interest”, again reflecting
the requirements of Regulation 48.

Discussion of ‘in combination’ effect of other plans

The value of assessing policies within other plans (including those of adjacent areas)
lies in identification of those policies which provide a clear mitigating effect on those
within the Blackhorse Lane IPPF. Those policies which refer to the SPA and state

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that no development shall take place unless it can be shown that there would be no
significant damage to the nature conservation interest are, in the context of this
screening, tautological: They simply reiterate the requirement to determine the
significance of effect, which is expressly what the Appropriate Assessment (and
preceding screening) is charged to achieve. Consequently, such policies have a
neutral status as far as their mitigating capacity is concerned.

Taking into account the above, it appears that the current development plans for the
adjacent authorities are unlikely to contribute to the ‘significance’ of policies within
the Blackhorse Lane IPPF in relation to the SPA: The proposals and policies within
those UDPs maintain the status quo in relation to the areas adjacent to the SPA -
there are no policies or proposals that will be of detriment and neither are there any
that would serve to mitigate for policies within the Blackhorse Lane IPPF.

Policies SP1, SP2, SP14 and ENV10 within the Waltham Forest UDP do however
serve such a mitigatory role. The latter is of particular significance since it
emphasises the restriction of access where disturbance may have an adverse effect
on the nature conservation interest.

Conclusion

As stated above, the function of undertaking an Appropriate Assessment of a
development plan is to ensure that there are policy safeguards to ensure that no
development proposal is considered which may have an adverse effect on the
features of interest for which the site is designated. While policies have been
identified within the Blackhorse Lane IPPF that may be significant in this respect, it is
also clear that other policies serve to safeguard this interest.

The planning policy framework provides a strategic overview of development and
parallel safeguard of amenity to be considered in the short to medium term: It is not
the function of the Framework to consider details of ecological mitigation, in the
same way as it is not the function of the Framework to consider detailed design and
layout of new infrastructure. The consideration of such details is down to individual
planning applications which are required to meet the material policy objectives of the
planning framework and development plans.

As such, it is the case that, considered in isolation, some of the policies within the
Blackhorse Lane IPPF have the potential to have a significant effect on the Lea
Valley SPA, but within the existing IPPF and UDP, there are policies that expressly
ensure that development will not take place if such an impact were to materialise.
Because these policies are within the current planning framework, it is valid to
consider their mitigating function within the current screening assessment (as
opposed to policies that would be necessary for mitigation - ie those that would
emerge as a function of a full Appropriate Assessment).

It is also the case that when the UDP is replaced by the new LDF, those
‘safeguarding’ policies within the UDP will be superseded. However, the LDF itself
will be subjected to Appropriate Assessment and would ‘fail’ if replacement policies

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were not sufficiently robust to prevent adverse impact through application of those
within the IPPF (the IPPF then being considered ‘in combination’).

Noonetheless, it is also the case that, by definition, the policies presented, both
‘adverse’ and ‘mitigatory’, provide a strategic function and there is no degree of
certainty, as derived from this screening evaluation, as to the mechanism or the
effectiveness of their delivery. Further assessment would be required to ascertain if
delivery of the policies would indeed have a significant impact, or indeed
amelioration function, respectively. It is concluded therefore that, both in isolation
and when considered in combination with other plans, there may be a significant
effect of the Blackhorse Lane IPPF upon the Lea Valley SPA. Consequently, it is
recommended that an Appropriate Assessment is undertaken in order to ascertain
whether there will be an adverse effect on the feature(s) of interest for which the
Epping Forest SAC and Lea Valley SPA are designated.

As such, it is advised that in the interim, any planning application that may be in
proximity to the SPA is required to undergo an Appropriate Assessment screening:
Since several of the above stated policies dictate that a development will not be
permitted unless it is demonstrated that there will be no adverse effect on nature
conservation (inter alia features of) interest, determination of whether this would be
the case would have to be undertaken accordingly. It would be necessary for any
single application to demonstrate that mitigation proposed would ameliorate any
significant effect on the Natura 2000 site and that this would be sufficient also to
ensure that any cumulative effect through other development would be neutralised.

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