renewable energy habitats regulations appraisal

RENEWABLE ENERGY SUPPLEMENTARY PLANNING GUIDANCE

Loch Lomond and the Trossachs National Park Adopted Local Plan Habitats Regulations Appraisal Final 24 May 2014

2

Contents

Page

1.0 Introduction 3

2.0 Requirements of a Habitats Regulations Assessment 3

3.0 Renewable Energy SPG 4

4.0 HRA Methodology 4

5.0 Screening the SPG 6

6.0 Conclusions 10

Tables

1 European Sites selected as being potentially affected and reasons for their selection

5

2 Tyldesley Guidance : Reasons for Screening Out

7

Appendices

1 The Screening Process – The Screening Record: Hydro 12

2 The Screening Process – The Screening Record: Wind 17

3 The Screening Process – The Screening Record: Biomass 22

4 HRA SPG Screening – January 2013

25

5 Infor Information on European Sites 36

6 Local Plan Policies Safeguarding the Natural Environment

65

3

1.0 INTRODUCTION

1.1 This document outlines the Habitats Regulations Appraisal (HRA) of The Renewable Energy Supplementary Planning Guidance for the Loch Lomond and The Trossachs National Park Local Plan.

1.2 European Sites are Special Protection Areas (SPAs) designated under the EC Birds Directive to protect wild birds and Special Areas of Conservation (SACs) designated under the EC Habitats Directive to protect particular habitats and non-bird species.

1.3 Article 6(3) of the EC Habitats Directive requires that any plan (or project) which is not directly connected with or necessary to the management of a European Site, but would be likely to have a significant effect on such a site, either individually or in combination with other plans or projects, shall be subject to an “appropriate assessment” of its implications for the European Site in view of the site’s conservation objectives. However having considered mitigation measures, if the likelihood of having a significant effect on a European Site can be ruled out on the basis of objective information, then those plans or policies can be screened out. This procedure is applied in Scotland through The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), and is known as the “Habitats Regulations Appraisal” of plans.

1.4 Supplementary Planning Guidance can only be adopted if it can be ascertained that the plan will not adversely affect the integrity of a European Site.

1.5 The SNH guidance prepared by David Tyldesley and Associates titled ‘Habitats Regulations Appraisal of Plans, Guidance for Plan-making Bodies in Scotland’, dated August 2012, provides detailed guidance on the separate stages of carrying out an appraisal, and the considerations that will need to be taken into account.

2.0 REQUIREMENTS OF A HABITATS REGULATION ASSESSMENT (HRA) 2.1 An appendix to Planning Circular 1/2009 published in August 2010 provides guidance on the

application of the habitats regulations. It states that, when submitting a proposed development plan to Scottish Ministers, a planning authority should include a Habitats Regulation Appraisal Record setting out:

how the authority has determined that there is not likely to be a significant effect on a European Site (if that is the case); and

where a likely significant effect has been determined and an appropriate assessment has been undertaken, the conclusions reached and what action is proposed or has been undertaken to comply with the Habitats Regulations;

a copy of any relevant correspondence from SNH.

4

The Circular states that further advice on the methodology of carrying out Habitats Regulations Appraisal can be obtained from SNH.

3.0 RENEWABLE ENERGY SUPPLEMNTARY PLANNING GUIDANCE

3.1 The Renewable Energy Supplementary Planning Guidance (SPG) has been prepared as part of the Adopted Local Plan which provides a policy framework for development and uses of land in Loch Lomond and the Trossachs National Park area. The SPG provides greater detail how appropriate renewable energy development can be delivered within the National Park with the aim of facilitating renewable energy development in appropriate locations.

3.2 The SPG has been prepared for each of the three renewable energy types: Hydro, Biomass and

Wind. The HRA will address the general issues of the SPG common to each technology and will

address the issues relating to the background and context of the SPG, the technical feasibility

and scope, the planning application stage and best practice and mitigation.

The National Park Partnership Plan Aims 3.3 Loch Lomond and The Trossachs National Park was designated in 2002 as Scotland’s first

National Park under the National Parks (Scotland) Act 2000. The National Parks (Scotland) Act 2000 sets out the four statutory aims for National Parks in Scotland and all planning decisions must be consistent with these:

to conserve and enhance the natural and cultural heritage of the area,

to promote sustainable use of the natural resources of the area,

to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and,

to promote sustainable economic and social development of the area's communities. The four aims are to be pursued collectively. However, if a conflict arises between the first aim, (the conservation and enhancement of the natural and cultural heritage), and any of the other aims, greater weight must be given to the first aim (Section 9(6) of the National Parks (Scotland) Act 2000). This is referred to as the Sandford Principle. The National Park Partnership Plan

3.4 Following public consultation, the National Park Partnership Plan (2012 – 2017) was approved by the National Park Board on 2 May 2012 and was approved by Scottish Ministers in June 2012. It takes the form of a management plan that sets out how the four aims of the Park are to be achieved through all the National Park Authority’s activities. The Adopted Local Plan aligns with the high level policies contained in the National Park Partnership Plan and the now superseded National Park Plan (adopted by Scottish Ministers in March 2007).

5

4.0 METHODOLOGY

The following methodology was used to carry out this HRA: European Sites Considered

4.1 The SPG covers the geographical extent of the National Park. However given the proximity of a number of European Sites outwith the National Park it was agreed that those potentially affected should be included. A list of the European Sites that should be considered in the appraisal was identified and agreed with SNH (Table 1). The sites are based on those most up to date designations at January 2013. GIS maps were used to determine the location of sites outside the boundary of the Park and their potential to be affected by development within it. Relevant factors were considered such as the type and scale of development proposed and proximity to the National Park boundary.

4.2 Table 1 lists the potentially affected sites that were identified in consultation with SNH for the

local plan HRA and gives reasons for their selection. There is a Ramsar site within the plan area that overlaps with the Loch Lomond SPA and the Loch Lomond Woods SAC. In accordance with the Tyldesley Guidance (Section 1.11, page 4), all Ramsar interests are safeguarded by assessing the effects on the overlapping SPA and SAC sites. Table 1: European Sites selected as being potentially affected and reasons for their selection

European Site Reason for selection

Ben Heasgarnich SAC Inside and outside plan area

Loch Lomond Woods SAC Inside plan area

Endrick Water SAC Inside and outside plan area

Trossachs Woods SAC Inside plan area

Ben Lui SAC Inside plan area

Meall na Samnha SAC Inside plan area and outside plan area

River Tay SAC Inside and outside plan area

Ben Lui Inside and outside plan area

Loch Lomond SPA Inside plan area

Glen Etive and Glen Fyne SPA Inside and outside plan area

Flanders Mosses SAC Peatland with hydrological link to land within plan area

Ben Lawers SAC River Teith SAC

Inner Clyde SPA Location downstream from National Park and proximity to transport routes into the park by road and water mean it may be subject to impacts from any changes in recreation and tourism

6

European Site Reason for selection

Firth of Tay and Eden Estuary SPA

Estuary downstream of plan area

Firth of Tay and Eden Estuary SAC

Estuary downstream of plan area

Firth of Forth SPA Estuary downstream of plan area

Forth Islands SPA Estuary downstream of plan area

4.3 Background information was gathered (from the SNH website) on each of the European Sites

identified above in Table 1. The relevant qualifying interests and conservation objectives of each European Site are also set out in Appendix 5 of the report.

Screening Process

4.4 Having gathered information on the sites potentially affected by the SPG, The screening process in the Tyldesley Guidance (para 4.1) requires that the SPG should be considered as follows:

STAGE A

Identify all aspects of the SPG which would have no effect on a European Site so that they can be eliminated from further consideration in respect of this and other plans,

STAGE B

Identify all aspects of the SPG which would not be likely to have a significant effect on a European Site (i.e. would have some effect but minor residual) either alone or in combination with other aspects of the same plan or other plans or projects which therefore do not require ‘appropriate assessment’, and

STAGE C Identify those aspects of the SPG where it is not possible to rule out the risk of significant effects on a European Site, either alone or in combination with other plans or projects. This provides clear scope for the pars of the plan that will require appropriate assessment.

5.0 SCREENING THE SPG 5.1 In accordance with the above stages A to C the SPG was screened as follows:

STAGE A 5.2 Identify all aspects of the SPG which would have no impact on a European Site, so that they

can be eliminated from further consideration in respect of this and other plans. The Tyldesley Guidance (paras 4.1 to 4.33) sets out the reasons for screening out to establish if there are any Likely Significant Effects (LSEs). The reasons in the guidance for screening out are summarised in Table 2 below.

5.3 Following the screening advice of the Tyldesley Guidance the detailed screening process of the SPG commenced with the supporting policy framework of the SPG’s parent documents i.e. the adopted Loch Lomond and the Trossachs National Park Local Plan and the National Park Partnership Plan. In particular the Renewable Energy policies (REN 1, REN 2 and REN 3) of the

7

local plan and RD9 of the Park Partnership Plan have previously been subject to a HRA screening process. The local plan HRA concluded that with required mitigation there were no significant impacts predicted on European Sites. Following from the HRA of the Park Partnership Plan it was also concluded that there would be no likely significant effect on European Sites. The HRA screening for the local plan and the Park Partnership Plan have underpinned the assessment of HRA of the SPG. Table 2: Tyldesley Guidance : Reasons for Screening Out

1

Screening out general policy statements

2

Screening out projects referred to in, but not proposed by the plan

3

Screening out aspects of the plan that could have no likely significant effect on a site alone

a) Because they are intended to protect the natural environment. b) Which will not themselves lead to development or other change because

they relate to design or other qualitative criteria. c) Which make provision for change but could have no conceivable effect on a

European Site, e.g. because there is no link or path way or any effects would be positive or would not otherwise undermine the conservation objectives of the site (see however paragraphs 4.34 – 4.41 (of the Tyldesley Guidance) re in combination effects with other aspects of the same plan or in combination with other plans or projects).

d) Which make a provision for change but which could have no significant effect on a European Site because any effects would be trivial or de minimis or so restricted or remote from the site that they would not undermine the conservation objectives for the site

e) For which the effects on any particular European Site cannot be identified because the proposal is too general, for example, it is not known where or when or how the proposal will be implemented or where effects may occur or where sites if any may be effected.

4

Screening out aspects of the plan that could have no likely significant effect on a site or in combination with other aspects of the same plan, or with other plans or projects.

5.4 The screening process of the SPG has therefore included a record of the HRA of:

The adopted local plan, specifically policies REN 1 – Wind Renewable Energy Projects, REN 2 Hydro Renewable Energy Projects, REN 3 Biomass Renewable Energy Projects which were modified following the examination of the Finalised Draft Local Plan. The HRA of the modified policies was undertaken and the outcomes of the

8

appropriate assessment, the associated mitigation have been recorded in Appendices 1, 2 and 3 (pages 12, 17 and 22) below.

the National Park Partnership Plan 2012 – 2017, the policy frame work including RD Policy 5 Rural Development, was subject to an HRA. The conclusion of the HRA was that :

‘No part of the National Park Partnership Plan was likely to have a significant effect on any European Site. As a consequence it can be safely concluded that the National Park Partnership Plan 2012 – 2017 will not adversely affect the integrity of any European Site.’

On that basis, the HRA of the SPG has progressed, building on the foundation set by the local plan HRA. The local plan also includes a wide range of policies which aim to protect the natural environment and safeguard protected sites.

5.5 Given the outcomes of the appropriate assessment of the local plan, the safeguards following from the required mitigation, and with the policy framework of the local plan, the SPG reinforces the protection afforded to European Sites. Development proposals must be compliant with the local plan policy framework as a whole including the environmental protection policies and the SPG.

5.6 The main aim of the SPG is to provide additional guidance to applicants on the scale and

types of development that may be appropriate within the National Park. It emphasises that only small scale proposals will be appropriate. For wind, hydro and biomass the scales of development supported relate to:

single wind turbines up to 30 metres in height,

hydro ‘run of the river’ proposals (with a generating capacity of up to 2MW) are the most compatible with the National Park’s geography and Special Qualities,

biomass energy generated from small scale proposals of up to 2 MW capacity. Sympathetic design of the biomass building is the most critical issue with the height of the flue and plume being important.

5.7 In regard to locational guidance the SPG is not site specific but provides guidance on the

technical capacity for generation for hydro across the National Park. The SPG provides very detailed guidance in the Best Practice and Mitigation (Appendix 6 of the SPG). The emphasis is on supporting biodiversity and protecting European Sites and species.

5.8 Appendix 4 (page 25 below) sets out the assessment each section of the SPG with regard to

whether it can be screened in or out, with reference to the reasons 1 to 4 in Table 2 above. Each section of the SPG has been assessed. Given that the SPG is sufficiently general in nature it is concluded that that no likely significant effect would result.

5.9 In accordance with the appropriate assessment of the local plan policies, it is considered

that the measures set out in the SPG will have no likely significant effects (LSE) on European Sites. The screening process then considered Stages B and C as follows:

9

STAGE B 5.10 Identify all aspects of the SPG which would not be likely to have a significant effect on a

European Site (i.e. would have some effect but minor residual) either alone or in combination with other aspects of the same plan or other plans or projects which therefore do not require appropriate assessment.

i. At Stage A above all aspects of the SPG have been screened out as having no impact on

a European Site and therefore there are no elements of the SPG that could be considered to have any minor residual effect on European Sites.

ii. In terms of the in combination effects the SNH Guidance requires that any elements of

the SPG that could have a minor residual effect should be considered in combination with other plans or projects. In this as there are no minor residual effects likely as a result of the SPG there is no requirement to undertake an in combination assessment of other aspects of the same plan or other plans or projects.

STAGE C 5.11 Identify those aspects of the SPG where it is not possible to rule out the risk of

significant effects on a European Site either alone or in combination with other plans or projects this provides clear scope for the pars of the plan that need appropriate assessment.

i As at Stage A above all aspects of the SPG have been screened out as having no impact

on a European Site and therefore there are no elements of the SPG that could be considered to a risk of likely significant effects (LSE) on European Sites and therefore do not require to be considered for in combination effects.

10

6.0 CONCLUSIONS

6.1 The role of the SPG is to clarify and support delivery of the renewable energy policies of the

local plan by providing greater detail on the scale, type and location of renewable energy

technology, and also on the design and environmental impact considerations. It also includes

detailed guidance concerning Best Practice and Mitigation and details the specific

considerations that should be taken into account when developing a proposal within the

National Park. The SPG also includes recommended procedure for submitting a planning

application.

6.2 The SPG thereby supports the local plan policy framework for assessing the appropriateness

of new renewable energy development proposals in the National Park. The SPG will also

assist in providing developers with a clearer understanding of the technical assessments and

supporting information required when considering new development proposals. The SPG

provides a clear methodology for developers in regard to the critical elements of any

Environmental Statement required for development proposals. It also sets out how

cumulative impacts must be assessed.

6.3 The sensitivity of the natural heritage and landscape of the National Park and its surrounding

environment means that development proposals must not be intrusive in the landscape or

have a likely significant effect on designated sites. Given the of the sensitivity of the

landscape and the extent and range of European Sites protected under legislation a complex

range of issues can be raised by development proposals. The SPG does not indicate

preferred areas for renewable energy development but alternatively, aims to provide

guidance on the planning issues raised by proposals and the detailed analysis and

information required by the National Park as planning authority to allow a full assessment

of proposals.

6.4 The HRA for the Loch Lomond and the Trossachs National Park Local Plan concluded that

with adequate mitigation following from robust assessment of proposals, the effects of the

Renewable Energy Policies for Hydro, Wind and Biomass would not have a likely significant

effect on designated European Sites.

6.5 As the SPG in relation to hydro development sets out specific catchment areas of potential

capability to generate greater than 50 MW of electricity, it has provided more detail than the

adopted local plan Policy REN2 -Renewable Energy Projects. However whilst the SPG

provides more guidance on the technical capability for ‘run of the river ‘schemes it does not

explicitly direct development to those locations and therefore the guidance itself will not

have any likely significant effect (LSE) on the integrity of any European Site. Similarly for the

wind and biomass elements of the SPG the nature of the content of the guidance will not in

itself have any likely significant effect or any minor (de minimis) effect on European Sites. No

in combination assessment was required.

11

6.6 The Habitats Regulations Assessment for the local plan identified the need for mitigation in

regard to Policies REN1, REN2 and REN3 and the SPG reinforces and consolidates the need

for appropriate mitigation. The HRA for the SPG has screened out the impacts on European

Sites by virtue of the generality of the content of the SPG and the nature of the guidance on

Best Practice to protect and enhance biodiversity and European Sites. Scottish Natural

Heritage and the Scottish Environmental Protection Agency will be consulted on the SPG and

any recommendations will be considered in advance of the final adoption of the SPG.

6.7 In conclusion, it is considered that the Renewable Energy SPG can be screened out from

further assessment under the Habitats Regulations Appraisal of Plans as it has no likely significant effect on any European Site.

12

Appendix 1: The Screening Process – The Screening Record: Hydro

Natura Site

Local Plan

Policy

Proximity of Natura Site to

SPG Entec Catchment

Areas

Implications for Each Qualifying Interest of the Site in the Light of its Conservation

Objectives (LP Appropriate Assessment)

Hydro

Mitigation Measures Applied or Taken into

Account (LP Appropriate Assessment)

Mitigation Local Plan

Policies (Appendix

6)

SPG Comments / Mitigation

National Park Plan Mitigation Policies /

Action

1

River Teith SAC

REN 2 Ben More and Ben Ledi Catchments

River Teith SAC River Teith SAC ENV1, ENV4, ENV5, ENV6, ENV8 ENV9, ENV10, ENV11, Env12, ENV13, ENV 13, ENV15, ENV16, ENV18, SUSDEV1, DCON1, L1

The SPG is not site specific and is general in nature. The SPG supports the policy framework of the adopted local plan and the National Park Partnership Plan. The Hydro section highlights the technical feasibility of capacity for hydro schemes but does not direct development to such locations. Only small scale renewable energy development proposals will appropriate in the National Park. The Best Practice Guide highlights measures to protect and ensure no likely significant effects on European species and sites.

CON1, CON2, CON 4, CON5, C1, C2, C3, C5, C6, C6, C9, C10, C11, C12, VE4, VE6, VE13, VE14, VE20, RD2, RD3, RD5, RD7, RD 4(Priority for action) RD9 (Priority for Action)

Direct impacts on woodland sites including possible damage to otter holts or

Direct Impacts : Policy ENV1 will restrict encroachment of construction areas into European Sites. A buffer

ENV1, ENV4, ENV5, ENV6, ENV8

A/A

13

Natura Site

Local Plan

Policy


SPG Entec Catchment

Areas



Hydro




Policies (Appendix

6)



Action

disturbance to otters, from construction of infrastructure such as access roads buried pipelines and grid connections.

strip will be necessary between hydro development sites and European Sites. Adherence to a Construction Mitigation Plan (CMS) will prevent direct impacts to otters during construction of infrastructure.

ENV9, ENV10, ENV11, ENV12, ENV13, ENV 13, ENV15, ENV16, ENV18, SUSDEV1, DCON1, L1

Down stream effects on Estuary sites from water quality impacts during the construction phase . These effects would be absolutely minimal for the reasons set out in the assessment of HOUS 1.

Water Quality Policy ENV11 will ensure no significant adverse impacts on the water environment and adherence to SEPA pollution prevention guidance / incorporation of best practise measures during construction and operational phases. Policy ENV 12 will ensure incorporation of suds and the preparation of a drainage impact assessment where relevant.

A/A A/A

14

Natura Site

Local Plan

Policy


SPG Entec Catchment

Areas



Hydro




Policies (Appendix

6)



Action

2 River Tay SAC

REN 2 Glen Dochart, Ben Heasgarnich, Glen Etive and Glen Fyne, Ben Ledi and Ben More Catchments.

A/A A/A A/A A/A A/A

3 Endrick Water SAC

REN 2 Remote from catchments A/A A/A A/A A/A A/A

4 Loch Lomond SPA

REN 2 A/A A/A A/A A/A A/A

5 Loch Lomond Woods SAC

REN 2 Ben Lomond Catchments

A/A A/A A/A A/A A/A

6 Trossachs Woods SAC

REN 2 Ben Venue, Menteith Hills and Ben Ledi Catchments

A/A A/A A/A A/A A/A

7 Inner Clyde SPA

REN 2 Very distant - from Glen Luss and Stronchulin Hill Catchments

A/A A/A A/A A/A A/A

8 Firth of Tay and Eden

REN 2 Distant Loch Dochart and Ben More Catchments

A/A A/A A/A A/A A/A

15

Natura Site

Local Plan

Policy


SPG Entec Catchment

Areas



Hydro




Policies (Appendix

6)



Action

Estuary SAC

9 Firth of Tay and Eden Estuary SPA

REN 2 Distant - from Loch Dochart and Ben More Catchments

A/A A/A A/A A/A A/A

10 Firth of Forth SPA

REN 2 Ben Heasgarnich catchment

A/A A/A A/A A/A A/A

Distant- low risk of impacts from Gartmore and Ben Lomond Catchments

11 Ben Heasgarnich (SAC)

REN 2 Ben Heasgarnich catchment

Screened out in LP HRA

A/A A/A A/A A/A

12 Ben Lui (SAC)

REN 2 Glen Etive and Glen Fyne catchment


A/A A/A A/A A/A

13 Meall na Samnha SAC

REN 2 Loch Dochart catchment


A/A A/A A/A A/A

14 Glen Etive and Glyn Fyne SPA

REN 2 Glen Etive and Glen Fyne and Ben Narnain catchment


A/A A/A A/A A/A

15 Flanders Moss SPA

REN 2 Potential impact from Ben Venu, Gartmore and


A/A A/A A/A A/A

16

Natura Site

Local Plan

Policy


SPG Entec Catchment

Areas



Hydro




Policies (Appendix

6)



Action

Menteith Hills Catchments.

16 Ben Lawers SAC

REN 2 Potential impact from Glen Dochart, Ben More, Glen Etive and Glen Fyne Catchments.


A/A A/A A/A A/A

17 Forth Islands SPA

REN 2 Distant from catchments


A/A A/A A/A A/A

17

Appendix 2: The Screening Process – The Screening Record : Wind

Natura Site

Local Plan

Policy



Wind

Mitigation Measures Applied or Taken into Account (LP

Appropriate Assessment)


Policies (Appendix 6)


National Park Plan Mitigation Policies / Action

1 River Teith SAC REN1 New wind power generation infrastructure could cause: Disturbance to typical species e.g. upland birds on the upland SACs particularly during the construction phase; Habitat destruction on the upland SACs and SPA during construction of access tracks and turbine bases; Mortality to qualifying bird species on both the SPA’s from collision with wind turbines sited in eagle foraging areas or goose flight paths; Water quality effects from construction and soil erosion including downstream effects on the river and estuary sites. This could apply both during construction and ongoing operation if soil and vegetation restoration techniques are not 100% successful.

Proposals need to comply with Policies ENV1 and NP1, which protect European Sites. An SPG on Renewable Energy will guide renewable energy development to the most appropriate areas of the Park and contain mitigation measures to avoid an adverse effect on the integrity of a European Site. The SPG will be subject to a separate HRA. The NPA will commend the following changes to Policy REN1 upon submission to the Reporter. These changes are to address responses to the consultation on the FDLP: ‘Proposals for small scale wind energy generation will be supported where: The siting design access and scale of the proposal its cumulative impact and required future support infrastructure do not create a significant adverse impact on landscape, natural or cultural

ENV1, ENV4, ENV5, ENV6, ENV8 ENV9,

ENV10, ENV11, Env12,

ENV13, ENV 13, ENV15,

ENV16, ENV18,

SUSDEV1, DCON1, L1

The SPG is not site specific and is general in nature. The SPG supports the policy framework of the adopted local plan and the National Park Partnership Plan. Only small scale renewable energy development proposals will appropriate in the National Park. The Best Practice Guide highlights


18

Natura Site

Local Plan

Policy



Wind







heritage and the water environment....’Direct Impacts Policy ENV 1 will restrict encroachment of the construction areas into European Sites. Disturbance: Require the phasing and timing of development works to take into account breeding and feeding cycles and habitats of sensitive species. Water Quality Policy, ENV10 will ensure no significant adverse impact on the water environment and adherence to SEPA pollution prevention guidance / incorporation of best practise measures during construction and operational phases. Policy ENV 12 will ensure incorporation of SUDS and preparation of a Drainage Impact Assessment where relevant.

measures to protect and ensure no likely significant effects on European species and sites.

2 River Tay SAC REN 1 A/A A/A A/A A/A A/A

3 Endrick Water SAC REN 1 A/A A/A A/A A/A A/A

4 Loch Lomond SPA REN 1 Screened Out in LP HRA Screened Out in LP HRA A/A A/A A/A

19

Natura Site

Local Plan

Policy



Wind








REN 1 Screened Out in LP HRA Screened Out in LP HRA A/A A/A A/A


REN 1 Screened Out in LP HRA Screened Out in LP HRA A/A A/A A/A

7 Inner Clyde SPA REN 1 New wind power generation infrastructure could cause: Disturbance to typical species eg upland birds on the upland SACs particularly during the construction phase; Habitat destruction on the upland SACs and SPA during construction of access tracks and turbine bases; Mortality to qualifying bird species on both the SPA’s from collision with wind turbines sited in eagle foraging areas or goose flight paths; Water quality effects from construction and soil erosion including downstream effects on the river and estuary sites. This could apply both during construction and ongoing operation if soil and vegetation restoration techniques are not 100% successful.

Proposals need to comply with Policies ENV1 and NP1, which protect European Sites. An SPG on Renewable Energy will guide renewable energy development to the most appropriate areas of the Park and contain mitigation measures to avoid an adverse effect on the integrity of a European Site. The SPG will be subject to a separate HRA. The NPA will commend the following changes to Policy REN1 upon submission to the Reporter. These changes are to address responses to the consultation on the FDLP Proposals for small scale wind energy generation will be supported where: The siting design access and scale of the proposal its cumulative impact and required future support infrastructure do not create a significant adverse impact on landscape, natural or cultural heritage and the water

A/A A/A A/A

20

Natura Site

Local Plan

Policy



Wind







environment....’Direct Impacts Policy ENV 1 will restrict encroachment of the construction areas into European Sites. Disturbance: Require the phasing and timing of development works to take into account breeding and feeding cycles and habitats of sensitive species. Water Quality Policy ENV10 will ensure no significant adverse impact on the water environment and adherence to SEPA pollution prevention guidance / incorporation of best practise measures during construction and operational phases. Policy ENV 12 will ensure incorporation of SUDS and preparation of a Drainage Impact Assessment where relevant.

8 Firth of Tay and Eden Estuary SAC




10 Firth of Forth SPA REN 1 A/A A/A A/A A/A A/A

21

Natura Site

Local Plan

Policy



Wind









12 Ben Lui (SAC) REN 1 A/A A/A A/A A/A A/A





15 Flanders Moss SPA REN 1 Screened Out in LP HRA Screened Out in LP HRA A/A A/A A/A

16 Ben Lawers SPA REN 1 Screened out in LP HRA Screened out in LP HRA A/A A/A A/A

17 Forth Islands SPA REN 1 Screened out in LP HRA Screened out in LP HRA A/A A/A A/A

22

Appendix 3: The Screening Process – The Screening Record: Biomass

Natura Site Local Plan

Policy

Implications for Each Qualifying Interest of the Site in the Light of

its Conservation Objectives (LP Appropriate Assessment)

Biomass



Mitigating Local Plan


SPG Comments / Mitigation and

Reasons for Screening out

catchment



1 River Teith SAC

REN 3

New biomass and biogas plants could cause air emissions and deposition with effects on : - water quality on riverine sites - downstream water quality effects on estuarine sites - vegetation on woodland sites - vegetation on upland sites with effects in accordance with the assessments for ED1 and ED3 In response to comments from SEPA on the FDLP, the NPA commends (to the reporter) a change in policy REN3 as follows : 'Energy generation for heating and / or power from biomass and biogas will be supported where: The siting scale and likely future supporting infrastructure and noise generation, deliveries or associated changes in land use for raw materials do not result in an adverse impact on the natural or cultural heritage of the surrounding area and any protected species, air quality and nearby residential

An SPG on Renewable Energy will guide biomass development to the most appropriate areas of the Park, and ensure that they are constructed and operated in a way that avoids significant effects on European Sites. . The SPG will be subject to a separate HRA. Air Quality Policy ENV18 ensures that proposals will not be supported where they would have a significant adverse impact on air quality Emissions from air and biomass and biogas will be regulated and mitigated through the various permit regimes administered by SEPA and the relevant local authorities. Permits from SEPA will be subject to their own HRA.

ENV1, ENV4, ENV5, ENV6, ENV8 ENV9, ENV10, ENV11, Env12, ENV13, ENV 13, ENV15, ENV16, ENV18, SUSDEV1, DCON1, L1

The SPG is not site specific and is general in nature. The SPG supports the policy framework of the adopted local plan and the National Park Partnership Plan. Only small scale renewable energy development proposals will appropriate in the National Park. The Best Practice Guide highlights measures to protect and ensure no likely significant effects on European species and sites.


23


Policy



Biomass







catchment


amenity'

2 River Tay SAC


3 Endrick

Water SAC REN 3 A/A A/A A/A A/A A/A

4 Loch Lomond SPA


A/A A/A A/A A/A A/A


REN 3

A/A A/A A/A A/A A/A



7 Inner Clyde SPA

REN 3

A/A A/A A/A A/A A/A

8 Firth of Tay and Eden Estuary SAC

REN 3

A/A A/A A/A A/A A/A


REN 3

A/A A/A A/A A/A A/A

10 Firth of Forth SPA

REN 3

A/A A/A A/A A/A A/A



24


Policy



Biomass







catchment


12 Ben Lui (SAC) REN 3 A/A A/A A/A A/A A/A





15 Flanders Moss SPA


16 Ben Lawers SPA


17 Forth Islands SPA

REN 3 Screened out in LP HRA A/A A/A A/A A/A

25

Appendix 4: HRA SPG Screening – January 2013

Part of the SPG Description Screened In/out Reason

1 Introduction

General introduction and policy context for the SPG Out

Reason 1 - Aspect of the plan which would have no effect on a European Site and can be eliminated from further consideration in respect of this and other plans.

2 Renewable Energy Development in Loch Lomond & The Trossachs National Park

2.1 -2.2 Special Qualities General context statements Out


2.3 -2.13 Planning Considerations – Hydro, Wind and Biomass

Advice as to Planning Issues to be taken into account in any proposal Out


Cultural and Historic Environment ,, Out


Recreation and Access ,, Out

Reason 1 - Aspect of the plan which would have no effect on a European Site and can be eliminated from further consideration in respect of

26


this and other plans.

Tracks, borrow pits and storage areas ,, Out


2.14-2.16 Summary of Renewable Energy potential

Definition of scales of development Out


3 Planning Application Process


3.1 - 3.5 Pre-application discussions, EIA Screening and Scoping

General Policy Statements and Advice Out


3.6 -3.7 Planning Application and the decision-making process ,, Out


27


3.8 Other Consenting Regimes

General Policy Statements and Advice Out


CAR licensing ,, Out


SNH licensing ,, Out


Forestry Commission licensing ,, Out


Waste Management licensing / Marine Scotland / Abnormal Road Routing / Grid Connection ,, Out


4 Hydro

4.1 - 4.3 Technical feasibility and scope

Broad specification of hydro plant and machinery Out

Reason 3b - Aspect of the Plan which will not itself lead to change because it relates to the description of the technology for hydro

28


development . No allocation has been made in the plan or support given to development.

4.5 - 4.7 Locational Guidance

Technical capability of the terrain to support hydro schemes Out

Reason 3b - Aspect of the Plan which will not itself lead to change because it relates to the technical feasibility of the terrain. No allocation has been made in the plan or support given to development.

4.8 Hydro Planning Considerations – Introduction General statement


4.9 - 4.12 Natural and Built Heritage Considerations

Statement of the key issues to be addressed and the habitats and species and designations to be considered in any proposed development. Out

Reason 3a - Aspect of the plan intended to protect the natural environment.

4.13 – 4.16 Water environment – key issues and information sources

Statement of the key water environment issues to be addressed and the habitats and species and designations to be considered in any proposed development. Out


4.17 – 4.21 Landscape and Visual Impact Considerations

Statement of the key landscape issues to be addressed and the designations to be considered in any proposed development. Out


29


4.22 – 4.24 Assessing cumulative impacts

Guidance on the criteria to be considered for cumulative impact Out

Reason 3a - Aspect of the plan intended to protect the natural environment

4.25 – 4.28 Hydro topic advice

Guidance on hydro technology specific impacts to be addressed in regard to flooding, transport and noise. Out

Reason 3e- Aspect of the plan for which the effects on any particular European Site as the guidance is too general.

5. Wind

5.1 – 5.5 Technical feasibility and scope

Broad specification of wind turbines plant and machinery Out

Reason 3b - Aspect of the Plan which will not itself lead to change because it relates to the description of the technology for wind development. No allocation has been made in the plan or support given to development.

5.6 – 5.8 Locational Guidance

Potential areas for individual turbines Out

Reason 3e - Aspects of the SPG for which effect on any particular European Site cannot be identified because the guidance is too general.

5.9 – 5.10 Wind Energy Development outside the National Park

General Statement -The National Park is a statutory consultee and the SPG ids advisory in this respect.

5.11 Wind Planning Considerations – Introduction General Statement Out


30


5.12 – 5.35 Landscape & Visual impact considerations

• Landscape setting



• Landscape and Visual Impact Assessment



• Landscape Character Assessment



• Siting considerations, sensitivities and examples



• Scenarios for siting


Reason 3e - Aspects of the SPG for which effects on any particular European Site cannot be identified because the guidance is too general.

• Landscape Scenario – Development Potential Illustrations


Reason 3e Aspects of the SPG for which effects on any particular European Site cannot be identified because the guidance is too general.

• Assessing the Cumulative Impacts



31


5.36 - 5.43 Natural and Built Heritage considerations



5.44 – 5.56 Wind Topic Advice

Guidance on wind technology specific impacts to be addressed in regard to location and micro siting, turbine design and colour, visual impact and roads, residential amenity,, community turbines, noise, shadow flicker, decommissioning and repowering. Out

Reason 3e - Aspect of the plan for which the effects on any particular European Site as the guidance is too general.

6 6 Biomass

6.1 - 6.5 Technical feasibility and scope

Broad specification of biomass technology, plant and machinery Out

Reason 3b - Aspect of the Plan which will not itself lead to change because it relates to the description of the technology for wind development. No allocation has been made in the plan or support given to development.

6.6 – 6.8 Locational Guidance


Reason 3e - Aspects of the SPG for which the effects on any particular European Site is cannot be identified because the guidance is too general.

6.9 Biomass Planning Considerations - Introduction General Statement


32


6.10 – 6.13 Natural and Built Heritage considerations



• Woodland Management



6.14 – 6.18 Landscape and Visual Impact Considerations



6.19 Assessing Cumulative Impacts



6.20 – 6.24 Biomass topic advice

Guidance on biomass technology specific impacts to be addressed Out

Reason3e - Aspect of the plan for which the effects on any particular European Site as the guidance is too general.

7 Monitoring and Review General Statement Out


8 Contacts General Statement Out

Reason 1 - Aspect of the plan which would have no effect on a European Site and can be eliminated from further consideration in respect of

33


this and other plans.

9 Glossary General Statement Out


Abbreviations General Statement Out


Maps 1 – 9

Illustrative content of designations, infrastructure and technical assessment of potential run of river capacity. Out

Reason 1 - Aspect of the plan which would have no effect on a European Site and can be eliminated from further consideration in respect of this and other plans. For Maps 8 and 9 run of river technical capacity, no allocation has been made in the plan or support given to development.

Tables and Figures General Statement Out


34


APPENDICES Appendix 1 National Park natural heritage designations General Statement Out


Appendix 2 References General Statement Out


Appendix 3 Hydro power assessment methodology General Statement Out

Reason 3e - Aspect of the plan for which the effects on any particular European Site as the guidance is too general.

Appendix 4 Contact for other consenting bodies General Statement Out

Reason 3e- Aspect of the plan for which the effects on any particular European Site as the guidance is too general.

Appendix 5 Advice for wind farm developers proposing wind farm development outwith the National Park General Statement Out


Appendix 6 Best Practice and Mitigation Measures for Renewable Energy Developments General Statement Out


36

Appendix 5: Information on European Sites

Ben Heasgarnich SAC

Name of European Site: Ben Heasgarnich

Site Type: Special Area of Conservation

Qualifying Interests:

SCIENTIFIC NAME COMMON NAME

Alkaline fens Base-rich fens

Alpine and subalpine calcareous grasslands


Alpine pioneer formations of the Caricion bicoloris-atrofuscae*

High-altitude plant communities associated with areas of water seepage

Calcareous rocky slopes with chasmophytic vegetation

Plants in crevices on base-rich rocks

Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels

Tall herb communities

Siliceous alpine and boreal grasslands Montane acid grasslands

Siliceous rocky slopes with chasmophytic vegetation

Plants in crevices on acid rocks

Species-rich Nardus grassland, on siliceous substrates in mountain areas (and submountain areas in continental Europe)*

Species-rich grassland with mat-grass in upland areas

Sub-Arctic Salix spp. scrub Mountain willow scrub

37

Conservation Objectives: To avoid deterioration of the qualifying habitats (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitats that the following are maintained in the long term:

Extent of the habitat on site

Distribution of the habitat within site

Structure and function of the habitat

Processes supporting the habitat

Distribution of typical species of the habitat

Viability of typical species as components of the habitat

No significant disturbance of typical species of the habitat Qualifying Habitats:


Base-rich fens

High-altitude plant communities associated with areas of water seepage*

Montane acid grasslands

Mountain willow scrub



Species-rich grassland with mat-grass in upland areas*


* Indicates priority habitat

38

Loch Lomond Woods SAC

Name of European Site: Loch Lomond Woods


Qualifying Interest(s):


Lutra lutra Otter

Old sessile oak woods with Ilex and Blechnum in the British Isles

Western acidic oak woodland

Conservation Objectives:

To avoid deterioration of the qualifying habitat (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitat that the following are maintained in the long term:







No significant disturbance of typical species of the habitat

Qualifying Habitat:


39

To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying species that the following are maintained in the long term:

Population of the species as a viable component of the site

Distribution of the species within site

Distribution and extent of habitats supporting the species

Structure, function and supporting processes of habitats supporting the species

No significant disturbance of the species

Qualifying Species:

Otter

The site overlaps with Loch Lomond Special Protection Area

40

Endrick Water SAC

Name of European Site: Endrick Water




Lampetra fluviatilis River lamprey

Lampetra planeri Brook lamprey

Salmo salar Atlantic salmon



Population of the species, including range of genetic types for salmon, as a viable component of the site





41

Qualifying Species:

Atlantic salmon

Brook lamprey

River lamprey

The site overlaps with Loch Lomond Special Protection Area

42

Trossachs Woods SAC

Name of European Site: Trossachs Woods




Old sessile oak woods with Ilex and Blechnum in the British Isles











Qualifying Habitat:


43

Ben Lui SAC

Name of European Site: Ben Lui













Northern Atlantic wet heaths with Erica tetralix

Wet heathland with cross-leaved heath




Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani)

Acidic scree





44

To avoid deterioration of the qualifying habitats (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying habitats that the following are maintained in the long term:








Qualifying Habitats:

Acidic scree


Base-rich fens








Wet heathland with cross-leaved heath


45

Meall na Samnha SAC

Name of European Site: Meall na Samnha
















46
















47

River Tay SAC

Name of European Site: River Tay






Lutra lutra Otter

Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea

Clear-water lakes or lochs with aquatic vegetation and poor to moderate nutrient levels

Petromyzon marinus Sea lamprey








48




Qualifying Habitat:








Qualifying Species:

Atlantic salmon

Brook lamprey

Otter

River lamprey

Sea lamprey The site overlaps with Rannoch Lochs and Forest of Clunie Special Protection Area

49

River Teith SAC

Name of European Site: River Teith






Petromyzon marinus Sea lamprey









50

Qualifying Species:

Atlantic salmon

Brook lamprey

River lamprey

Sea lamprey

51

Loch Lomond SPA

Name of European Site: Loch Lomond

Site Type: Special Protection Area

Qualifying Interest(s): • Capercaillie (Tetrao urogallus) • Greenland white-fronted goose (Anser albifrons flavirostris)


To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and To ensure for the qualifying species that the following are maintained in the long term:






Qualifying Species:

Capercaillie (Tetrao urogallus)

Greenland white-fronted goose (Anser albifrons flavirostris)

This site overlaps with Endrick Water Special Area of Conservation and Loch Lomond Woods Special Area of Conservation

52

Flanders Mosses SAC

Name of European Site: Flanders Mosses




Active raised bogs* Active raised bogs

Degraded raised bogs still capable of natural regeneration

Degraded raised bog







Qualifying Habitats: Active raised bogs* Degraded raised bogs


53

Ben Lawers SAC

Name of European Site: Ben Lawers





Alpine and Boreal heaths Alpine and subalpine heaths





Blanket bogs* Blanket bog



European dry heaths Dry heaths



Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea





Species-rich Nardus grassland, on Species-rich grassland with mat-grass in

54


siliceous substrates in mountain areas (and submountain areas in continental Europe)*

upland areas













Alpine and subalpine heaths

Base-rich fens

Blanket bog*


Dry heaths








55

Firth of Tay and Eden Estuary SPA

Name of European Site: Firth of Tay and Eden Estuary


Site description: The Firth of Tay & Eden Estuary SPA is a complex of estuarine and coastal habitats. The site includes extensive invertebrate-rich intertidal flats and areas of reedbed, saltmarsh and sand dune. Qualifying interest: Nationally important breeding populations of marsh harrier Circus aeruginosus and little tern Sterna albifrons; and an internationally important wintering population of bar-tailed godwit Limosa lapponica. Internationally important wintering population of redshank Tringa totanus. Supporting in winter over 20,000 waterfowl including pink-footed goose Anser brachyrhynchus, greylag goose A. anser ,cormorant Phalacrocorax carbo, shelduck Tadorna tadorna,, eider Somateria mollissima,, long-tailed duck Clangula hyemalis, common scoter Melanitta nigra, velvet scoter Melanitta fusca, goldeneye Bucephala clangula, red-breasted merganser Mergus serrator, goosander Mergus merganser, oystercatcher Haematopus ostralegus , grey plover Pluvialis squatarola, sanderling Calidris alba, dunlin Calidris alpina and black-tailed godwit Limosa limosa ).


To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and

56

To ensure for the qualifying species that the following are maintained in the long term:

Population of the species as a viable component of the site Distribution of the species within site Distribution and extent of habitats supporting the species Structure, function and supporting processes of habitats supporting the species No significant disturbance of the species

Qualifying species: Bar-tailed godwit (Limosa lapponica) Black-tailed godwit (Limosa limosa islandica)* Common scoter (Melanitta nigra)* Cormorant (Phalacrocorax carbo)* Dunlin (Calidris alpina alpina)* Eider (Somateria mollissima)* Goldeneye (Bucephala clangula)* Goosander (Mergus merganser)* Grey plover (Pluvialis squatarola)* Greylag goose () Anser anser• Little tern (Sterna albifrons) Long-tailed duck (Clangula hyemalis)* Marsh harrier (Circus aeruginosus) Oystercatcher (Haematopus ostralegus)* Pink-footed goose (Anser brachyrhynchus Red-breasted merganser (Mergus serrator)* Redshank (Tringa totanus) Sanderling (Calidris alba)* Shelduck (Tadorna tadorna Velvet scoter (Melanitta fusca)* Waterfowl Assemblage

*Indicates assemblage qualifier only This site overlaps with Barry Links Special Area of Conservation and Firth of Tay & Eden Estuary Special Area of Conservation

57

Firth of Tay and Eden Estuary SAC

Name of European Site: Firth of Tay and Eden Estuary




Estuaries Estuaries

Mudflats and sandflats not covered by seawater at low tide

Intertidal mudflats and sandflats

Phoca vitulina Common seal

Sandbanks which are slightly covered by sea water all the time

Subtidal sandbanks









58



Estuaries

Intertidal mudflats and sandflats

Subtidal sandbanks To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and To ensure for the qualifying species that the following are maintained in the long term:






Qualifying Species: Common seal

The site overlaps with Firth of Tay & Eden Estuary Special Protection Area

59

Firth of Forth SPA

Name of European Site: Firth of Forth (SPA)


Site description: The Firth of Forth SPA is a complex of estuarine and coastal habitats. The site includes extensive invertebrate-rich intertidal flats and rocky shores, areas of saltmarsh, lagoons and sand dune.. Qualifying interest: Wintering populations of European importance of red-throated diver Gavia stellata, Slavonian grebe Podiceps auritus , golden plover Pluvialis apricaria and bar-tailed godwit Limosa lapponica . Post-breeding (passage) population of sandwich tern Sterna sandvicensis). Wintering populations of pink-footed goose Anser brachyrhynchus, shelduck Tadorna tadorna , knot Calidris canutus , redshank Tringa totanus and turnstone Arenaria interpres. Wintering waterfowl assemblage including 15 migratory species: great crested grebe Podiceps cristatus , cormorant Phalacrocorax carbo , scaup Aythya marila, eider Somateria mollissima , long-tailed duck Clangula hyemalis, common scoter Melanitta nigra, velvet scoter M. fusca, goldeneye Bucephala clangula, red-breasted merganser Mergus serrator, oystercatcher Haematopus ostralegus, ringed plover Charadrius hiaticula, grey plover Pluvialis squatarola, dunlin Calidris alpina, and curlew Numenius arquata, wigeon Anas penelope , mallard A. platyrhnchos and lapwing Vanellus vanellus.

60








Qualifying Species:

Bar-tailed godwit (Limosa lapponica)

Common scoter (Melanitta nigra)*

Cormorant (Phalacrocorax carbo)*

Curlew (Numenius arquata)*

Dunlin (Calidris alpina alpina)*

Eider (Somateria mollissima)*

Golden plover (Pluvialis apricaria)

Goldeneye (Bucephala clangula)*

Great crested grebe (Podiceps cristatus)*

Grey plover (Pluvialis squatarola )*

Knot (Calidris canutus)

Lapwing (Vanellus vanellus)*

Long-tailed duck (Clangula hyemalis)*

Mallard (Anas platyrhnchos)*

Oystercatcher (Haematopus o

Pink-footed goose (Anser brachyrhynchus

Red-breasted merganser (Mergus serrator)*

Redshank (Tringa totanus)

Red-throated diver (Gavia stellara

Ringed plover (Charadrius hiaticula) *

Sandwich tern (Sterna sandvicensis)

Scaup (Aythya marila) *

Shelduck (Tadorna tador

Slavonian grebe (Podiceps au

Turnstone (Arenaria interpres)

Velvet scoter (Melanitta fusca)*

Wigeon (Anas penelope)*

Waterfowl assemblage

*indicates assemblage qualifier only

61

Forth Islands SPA

Name of European Site: Forth Islands (SPA)

Site Type: Special Protection Areas

Qualifying Interest(s): Site Description: Forth Islands SPA consists of a series of islands supporting the main seabird colonies in the Firth of Forth. . The seaward extension extends approximately 2 km into the marine environment to include the seabed, water column and surface. Qualifying Interest Supports populations of Arctic tern Sterna paradisaea, roseate tern Sterna dougallii, common tern Sterna hirundo and Sandwich tern Sterna sandvicensis. Supports populations of Northern gannet Morus bassanus, European shag Phalacrocorax aristotelis, lesser black-backed gull Larus fuscus and Atlantic puffin Fratercula arctica Supports ( nationally important populations of: razorbill Alca torda , common guillemot Uria aalge , black-legged kittiwake Rissa tridactyla , herring gull Larus argentatus , great cormorant Phalacrocorax carbo , Northern gannet , lesser black-backed gull , European shag , Atlantic puffin , Northern fulmar, Arctic tern , common tern , roseate tern (and Sandwich tern.


To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and To ensure for the qualifying species that the following are maintained in

62

the long term: Population of the species as a viable component of the site Distribution of the species within site Distribution and extent of habitats supporting the species Structure, function and supporting processes of habitats supporting the species No significant disturbance of the species

Qualifying Species: Arctic tern (Sterna paradisaea) Common tern (Sterna hirundo) Cormorant (Phalacrocorax carbo)* Gannet (Morus bassanus) Guillemot (Uria aalge)* Herring gull (Larus argentatus)* Kittiwake (Rissa tridactyla)* Lesser black-backed gull (Larus fuscus) Puffin (Fratercula arctica) Razorbill ( Alca torda)* Roseate tern (Sterna dougallii) Sandwich tern (Sterna sandvicensis) Shag (Phalacrocorax aristotelis) Seabird assemblage The site overlaps with Isle of May Special Area of Conservation

* indicates assemblage qualifier only

63

Inner Clyde SPA

Name of European Site: Inner Clyde


Site Description: The Inner Clyde SPA contains extensive intertidal flats which support large numbers of wintering waterfowl. Qualifying Interest: Wintering population of redshank Tringa totanus.








Qualifying Species:

Redshank (Tringa totanus)

en Etive and Glen Fyne SPA

64

Name of European Site: Glen Etive and Glen Fyne


Site Description: Glen Etive and Glen Fyne Special Protection Area (SPA) is a large, predominantly upland site that rises from sea level to over 1100 m and encompasses a diverse range of habitats including heather moorland, rough grassland, blanket bog, native woodland, montane heaths and exposed rock and scree. There are also numerous freshwater lochs and river systems. Qualifying Interest: Supports a population golden eagle Aquila chrysaetos.

Conservation Objectives





Structure, function and supporting processes of habitats

supporting the species

No significant disturbance of the species Qualifying Species:

Golden eagle (Aquila chrysaetos)

This site overlaps with the following Special Areas of Conservation (SAC): Ben Lui, Glen Coe, Glen Creran Woods, Loch Etive Woods, Loch Lomond Woods, Rannoch Moor, River Tay and Glen Shira & also overlaps with Rannoch Lochs Special Protection Area (SPA).

65

APPENDIX 6: Local Plan Policies Safeguarding the Natural Environment NP1 – Development in the National Park – the policy emphasises the primacy of protection of the conservation and enhancement of the natural environment within the National Park and the Sanford Principle will apply if there is any conflict with development proposals in regard to the national Parks four aims.. ENV1- European Sites (SAC’s and SPA’s) development likely to have a significant effect will be subject to an Appropriate Assessment. Thereby any development will only progress in accordance with the requirements of the Habitats Regulations. ENV4 - Legally protected species – policy requires applicants to undertake an ecological survey to determine whether legally protected species are present on a site and propose mitigation and compensation measures accordingly. This policy therefore provides additional protection of qualifying species such as otters. ENV5 - Species and Habitats Identified in National Action Plans – policy has the potential to enhance biodiversity including habitat networks that bolster Natura sites. ENV6 - Enhancing biodiversity in new developments – policy requires new developments to plant native species which helps to avoid the introduction of invasive species into river and woodland SACs, and to enhance habitat diversity, which can bolster Natura sites. ENV8 - Ancient, long established and semi natural woodlands – policy specifically protects against the loss and fragmentation of woodlands by ensuring that planning permission will not be granted for any development that would result in the loss or deterioration of a woodland, unless there are overriding public benefits. Although the policy is designed to protect woodlands which have no statutory designation, it complements policy ENV1 Natura 2000 sites (SACs and SPAs). ENV9 - Development Impacts on Trees and Woodlands – policy provides for the application of tree protection measures such as Tree Preservation Orders and/or management agreements. These measures could be applied to areas of the SAC under threat from development impacts. ENV10 - Protecting the Water Environment – requires all new developments to demonstrate that there would be no significant adverse impact on protected species or their habitats in the water body or its catchment area, protect and enhance the natural heritage and physical characteristics of water bodies, and ensure no adverse impact on the water environment. These tests are compatible with the Natura test contained in ENV1 Natura 2000 sites (SACs and SPAs) to ensure that the proposed development site or policy would not adversely affect the integrity of the European Site. ENV11 - Connection to Sewerage and Water Supply – policy requires new development to connect to public sewers where possible, and only permits private water and wastewater systems where there is no adverse effect on the water environment and where the system is of a standard that can be adopted by Scottish Water. This policy therefore controls wastewater discharges into the water environment and minimises the risk of new development increasing sediment and nutrient input. ENV12 - Surface Water Drainage – policy requires Sustainable Urban Drainage systems (SUDs) to be incorporated into all new developments (except for single dwellings or where the surface water discharge is made directly to coastal waters). This will ensure that surface water run-off from new developments will not discharge into watercourses, avoiding pollution of European Sites. ENV13 - River engineering works and culverts – policy discourages river engineering works which cause degradation to the water environment, including disruption to habitats of the qualifying features of European Sites. ENV15 – Development in the Coastal Marine Area – policy mitigates the potential cumulative water quality impacts on European Sites and specifically prevents development in the CMA that would adversely affect qualifying interests of European Sites by referring to Policy ENV1.

66

ENV16 - Development in medium to high flood risk areas – policy prevents new development on undeveloped or sparsely developed functional floodplains, therefore reducing increased surface water run-off from hard surface areas, causing pollution of the water environment and habitats for qualifying features. ENV18 – Protecting Air Quality – policy supports proposals that can demonstrate they would have no significant adverse effect on air quality, which minimises the potential for development to cause air emissions that pollute European Sites. SUSDEV1 - Sustainable development – policy requires applications for all new development to demonstrate how sustainable development principles have been taken into account in the design, including the enhancement and creation of biodiversity, and water conservation and management. DCON1 - Developer contributions – may be sought to mitigate adverse environmental impacts, including providing new or improved water and sewerage infrastructure and habitat and species protection and enhancement. L1 – Conserving and Enhancing the Diversity and Quality of the Park’s Landscapes – policy requires landscaping that incorporates measures for protecting and enhancing the ecological elements of the landscape, which

renewable energy habitats regulations appraisal

Documents