Archived decisions

LYNDHURST BYPASS - Executive summary of Jon Cox report 

It is recognised that Lyndhurst suffers from a number of traffic and highways issues due to seasonal pressures. In 2005 Lyndhurst Parish Council proposed a route for a bypass as a solution to these problems. A full range of options is currently being investigated by the County Council, including other possible bypass routes.

 

Any proposal for a scheme affecting a site of international importance for nature conservation requires assessment under the Conservation (Natural Habitats &c) Regulations (known as the Habitats Regulations). The Lyndhurst Parish Council route crosses land that is subject to a range of such designations for its nature conservation importance, i.e. Special Area of Conservation (SAC), Special Protection Area (SPA), and Ramsar site.

An independent consultant (Jon Cox), commissioned by the County Council, has reviewed the implications of the Habitats Regulations for the assessment of the Lyndhurst Parish Council bypass proposal. The consultant's report comprises the following:

 

    · an explanation of the legislative and policy framework for undertaking a Habitats Regulations assessment of such a scheme;

     

    · a description of the habitats, species and conservation objectives of the International sites;

 

    · identification of the types of adverse ecological effects that would potentially result from such a scheme;

 

    · identification of the range of research and survey requirements that would be necessary to inform a Habitats Regulations assessment, in the event of a formal proposal, and an estimate of the costs entailed in undertaking such work.

 

The Habitats Regulations impose a strict sequential assessment process in order to protect sites of international importance for nature conservation. An Appropriate Assessment is required of any plan or project that could have a significant adverse effect on a International site. This assessment is undertaken in respect of each interest feature and for each designation where a site is designated under more than one international obligation.

Under the provisions of the Habitats Regulations, if the Appropriate Assessment cannot conclude that there would be no adverse effect, permission can only be granted for the scheme if:

1. there are no alternatives

and

2. there are Imperative Reasons of Overriding Importance.

 

Jon Cox's report details a range of potential adverse effects from the Lyndhurst Parish Council bypass route. Although this is not a full Appropriate Assessment, this indicates that this bypass route should only be considered as an option if it is firstly demonstrated that there are no alternatives and if it is then proven that there is overriding public need.

 

Assessment under the Habitats Regulations would have to be undertaken to determine the viability of any other bypass route that crosses internationally designated land around Lyndhurst.

 

Additionally, any bypass option would require impact assessment to take account of legislation and policy relating to a variety of other environmental issues, for example:

 

    · Other ecological designations, such as SSSIs

    · Ancient semi-natural woodland

    · Protected species

    · National Park objectives

    · Archaeology

    · Landscape

    · Commoning