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Appropriate assessment of road improvements on the A40 trunk road between Penblewin and Slebech Park, Pembrokeshire
Last updated 02 June 2008
The Minister for Environment, Sustainability and Housing, in her capacity as the Competent Authority under the Conservation (Natural Habitats &c) Regulations 1994, has noted and accepted the Statement to Inform an Appropriate Assessment of the scheme on the integrity of the Cleddau Rivers SAC, Pembrokeshire Marine SAC and the Pembrokeshire Bat Sites and Bosherston Lakes SAC. The Minister is satisfied that there would be no adverse affect from the scheme on the integrity of the SACs.
Date of decision:
21 February 2008
Statement of information:
1. Subject to the outcome of the statutory procedures, Transport Wales (TW) wishes to proceed with construction of the A40 London to Fishguard Trunk Road improvement between Penblewin and Slebech Park. This involves widening of approximately 2 km of the A40 between Canaston Bridge and Toch Lane to accommodate a 2+1 road layout and a new bypass approximately 2.2km long to the south of Robeston Wathen. This improvement scheme would include the construction of new bridges over the Eastern Cleddau and a tributary, the Narberth Brook. These rivers are part of the Cleddau Rivers Special Area of Conservation (SAC) and flow into the Pembrokeshire Marine SAC. The scheme would also have the potential to significantly affect the Pembrokeshire Bat Sites and Bosherston Lakes SAC.
2. Article 6(3) of the Habitats Directive 92/43/EC requires Member States to ensure that any plan or project which is likely to have a significant effect upon a site protected by the Directive, including Special Areas of Conservation (SACs), is made subject to an appropriate assessment of the implications for the site. The competent authority may agree to the plan or project only after having determined, by an appropriate assessment, that the plan or project will not have any adverse affect on the integrity of the sites.
3. In the UK, the requirements of Articles 6(3) and 6(4) of the Habitats Directive have been transposed by Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994.
4. For this scheme the assessment to be considered by the competent authority is of the potential impacts of the construction and operation of the scheme on three European designated sites namely the Cleddau Rivers SAC, the Pembrokeshire Marine SAC and the Pembrokeshire Bat Sites and Bosherston Lakes SAC.
5. Under Regulation 48(1) of the 1994 Regulations, the ‘competent authority’ must undertake an Appropriate Assessment “of the implications for the site in view of the site’s conservation objectives”, where a plan or project:
• is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and
• is not directly connected with, or necessary to, the management of the site.
6. The European Commission’s guidance on the methodology for Appropriate Assessment sets out four stages in the process, as follows.
• Stage One: Screening – the process which identifies the likelihood of impacts upon a Natura 2000 site of a project or plan, either alone or in
combination with other projects or plans, and considers whether these
impacts are likely to be significant.
• Stage Two: Appropriate Assessment stage – the consideration of the
impact on the integrity of the Natura2000 site of the project or plan,
either alone or in combination with other projects or plans, with respect
to the site’s structure and function and its conservation objectives.
Additionally, where there are adverse impacts, an assessment of the
potential mitigation of those impacts.
• Stage Three: Assessment of alternative solutions – the process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site.
• Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain - an assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed.
7. Stage 1 of the process (Screening) was undertaken in 2005 and reported in the Summary of Information & Screening Opinion in relation to Appropriate Assessment’ which was carried out for the A40 West of St. Clears study. In particular, this report concluded that works to improve the existing A40 between Penblewin Roundabout and Slebech Park were likely to have a significant adverse impact upon the SACs identified above and, therefore, an Appropriate Assessment stage (Stage 2) assessment would be required.
8. The Statement to Inform an Appropriate Assessment therefore represents a review of the Screening Stage and Stage 2 of the process. It provides the assessment information upon which the relevant competent authority determines whether there would be adverse impacts on the three European designated sites.
9. Under the Regulations, the Assembly Minister for Environment, Sustainability and Housing is deemed to be the Competent Authority in relation to the conduct of appropriate assessments for such decisions. The Competent Authority must make a determination, in the light of the information provided, as to whether the proposed scheme would adversely affect the integrity of the site(s) in question, and therefore whether the project can proceed or not.
10 The conclusion from the assessment of the impacts on the Cleddau Rivers SAC, Pembrokeshire Marine SAC and the Pembrokeshire Bat Sites and Bosherston Lakes SAC, is that there will be no adverse affect on the integrity of the sites. Stages 3 and 4, described above, are therefore not required to be actioned.
11. CCW, as the statutory nature conservation body in Wales under the UK Regulations, has reviewed this statement and has accepted the general conclusions.
12. At the same time as Notice of the publication of the draft Orders and the ES was published in December 2006, a Notice regarding the appropriate assessment was published in the local press and stated that the statement was on deposit at local venues during the period from 13 December 2006 to 31 January 2007. No responses were received in relation to the SAC statement and the appropriate assessment was not an issue at the Public Inquiry.
13. Having regard to CCW's general acceptance of the published statement and that no representation on the content was received, the Minister, as competent authority, can take the following actions:
(i) The Statement to Inform an Appropriate Assessment for the project on the Cleddau Rivers SAC, Pembrokeshire Marine SAC and Pembrokeshire Bat Sites and Bosherston Lakes SAC can be accepted as fulfilling the statutory requirements in respect of information to inform an appropriate assessment.
(ii) It concludes that there will be no adverse affects on the integrity of the SACs once the proposed mitigation measures are implemented.
(iii) Therefore the Minister's acceptance of the Statement will complete the appropriate assessment procedures and permit the Minister for the Economy and Transport to announce his decision on the scheme.
21 February 2008
Statement of information:
1. Subject to the outcome of the statutory procedures, Transport Wales (TW) wishes to proceed with construction of the A40 London to Fishguard Trunk Road improvement between Penblewin and Slebech Park. This involves widening of approximately 2 km of the A40 between Canaston Bridge and Toch Lane to accommodate a 2+1 road layout and a new bypass approximately 2.2km long to the south of Robeston Wathen. This improvement scheme would include the construction of new bridges over the Eastern Cleddau and a tributary, the Narberth Brook. These rivers are part of the Cleddau Rivers Special Area of Conservation (SAC) and flow into the Pembrokeshire Marine SAC. The scheme would also have the potential to significantly affect the Pembrokeshire Bat Sites and Bosherston Lakes SAC.
2. Article 6(3) of the Habitats Directive 92/43/EC requires Member States to ensure that any plan or project which is likely to have a significant effect upon a site protected by the Directive, including Special Areas of Conservation (SACs), is made subject to an appropriate assessment of the implications for the site. The competent authority may agree to the plan or project only after having determined, by an appropriate assessment, that the plan or project will not have any adverse affect on the integrity of the sites.
3. In the UK, the requirements of Articles 6(3) and 6(4) of the Habitats Directive have been transposed by Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994.
4. For this scheme the assessment to be considered by the competent authority is of the potential impacts of the construction and operation of the scheme on three European designated sites namely the Cleddau Rivers SAC, the Pembrokeshire Marine SAC and the Pembrokeshire Bat Sites and Bosherston Lakes SAC.
5. Under Regulation 48(1) of the 1994 Regulations, the ‘competent authority’ must undertake an Appropriate Assessment “of the implications for the site in view of the site’s conservation objectives”, where a plan or project:
• is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and
• is not directly connected with, or necessary to, the management of the site.
6. The European Commission’s guidance on the methodology for Appropriate Assessment sets out four stages in the process, as follows.
• Stage One: Screening – the process which identifies the likelihood of impacts upon a Natura 2000 site of a project or plan, either alone or in
combination with other projects or plans, and considers whether these
impacts are likely to be significant.
• Stage Two: Appropriate Assessment stage – the consideration of the
impact on the integrity of the Natura2000 site of the project or plan,
either alone or in combination with other projects or plans, with respect
to the site’s structure and function and its conservation objectives.
Additionally, where there are adverse impacts, an assessment of the
potential mitigation of those impacts.
• Stage Three: Assessment of alternative solutions – the process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site.
• Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain - an assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed.
7. Stage 1 of the process (Screening) was undertaken in 2005 and reported in the Summary of Information & Screening Opinion in relation to Appropriate Assessment’ which was carried out for the A40 West of St. Clears study. In particular, this report concluded that works to improve the existing A40 between Penblewin Roundabout and Slebech Park were likely to have a significant adverse impact upon the SACs identified above and, therefore, an Appropriate Assessment stage (Stage 2) assessment would be required.
8. The Statement to Inform an Appropriate Assessment therefore represents a review of the Screening Stage and Stage 2 of the process. It provides the assessment information upon which the relevant competent authority determines whether there would be adverse impacts on the three European designated sites.
9. Under the Regulations, the Assembly Minister for Environment, Sustainability and Housing is deemed to be the Competent Authority in relation to the conduct of appropriate assessments for such decisions. The Competent Authority must make a determination, in the light of the information provided, as to whether the proposed scheme would adversely affect the integrity of the site(s) in question, and therefore whether the project can proceed or not.
10 The conclusion from the assessment of the impacts on the Cleddau Rivers SAC, Pembrokeshire Marine SAC and the Pembrokeshire Bat Sites and Bosherston Lakes SAC, is that there will be no adverse affect on the integrity of the sites. Stages 3 and 4, described above, are therefore not required to be actioned.
11. CCW, as the statutory nature conservation body in Wales under the UK Regulations, has reviewed this statement and has accepted the general conclusions.
12. At the same time as Notice of the publication of the draft Orders and the ES was published in December 2006, a Notice regarding the appropriate assessment was published in the local press and stated that the statement was on deposit at local venues during the period from 13 December 2006 to 31 January 2007. No responses were received in relation to the SAC statement and the appropriate assessment was not an issue at the Public Inquiry.
13. Having regard to CCW's general acceptance of the published statement and that no representation on the content was received, the Minister, as competent authority, can take the following actions:
(i) The Statement to Inform an Appropriate Assessment for the project on the Cleddau Rivers SAC, Pembrokeshire Marine SAC and Pembrokeshire Bat Sites and Bosherston Lakes SAC can be accepted as fulfilling the statutory requirements in respect of information to inform an appropriate assessment.
(ii) It concludes that there will be no adverse affects on the integrity of the SACs once the proposed mitigation measures are implemented.
(iii) Therefore the Minister's acceptance of the Statement will complete the appropriate assessment procedures and permit the Minister for the Economy and Transport to announce his decision on the scheme.
